1.1This agreement governs your use of the vRigger software ("Software") and the vRigger.com website ("Website"). The Software and Website are collectively referred to as "Products." The Products are owned by Iterum, LLC ("Iterum").
1.2 Iterum reserves the right, in its discretion, to change this agreement at any time, effective immediately when published on the Website. Your continued use of the Products constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Iterum. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Products. Visit vRigger.com/license for the most recent version of this agreement.
1.3 Iterum retains all ownership in Products. You receive a license to use Software. A license key enables you to run Software on one computer. Nothing contained in this agreement transfers any rights of ownership to you.
1.4 Any gear that you create and submit to Iterum becomes a Product owned by Iterum.
2.1 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, reverse engineer, or in any way exploit any of the information produced by Products, in whole or in part, except as expressly permitted in this Agreement.
2.2 You may not transfer, redistribute or resell license keys. If you purchase a license key for multiple installations of Software, that key may only be used by the entity that purchased the licenses.
2.3 Except as expressly permitted by US copyright laws, no copying, storage, redistribution or publication of Products is permitted without the express written permission of Iterum.
2.4 You may redistribute static images of rigging systems that are generated by Software, either in printed or electronic form, provided a caption similar to "Illustration created with vRigger" appears near the image.
2.5 You agree that any forces calculated by Products are approximations only. Safe rigging demands careful thought, training, and experience far beyond the scope of Products.
3.1 You agree to indemnify, defend and hold Iterum and its affiliates, and their respective officers, directors, owners, agents, and licensors (collectively, the "Iterum Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Iterum Party in connection with any use or alleged use of the Products. Iterum reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Iterum's defense of such claim.
4.1 Iterum does not warrant that the Products will be error free nor does Iterum make any warranty as to the results obtained from use of the Products. The Products are distributed on an "as is, as available" basis. Iterum and their respective agents do not make any warranties of any kind, either express or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose. You expressly agree that the entire risk as to the quality and performance of the Products and the accuracy or completeness of the Products is assumed solely by you.
4.2 Iterum shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Product, even if such party has been advised of the possibility of such damages.
4.3 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of Iterum shall be limited to the greatest extent permitted by law.
5.1 This Agreement shall be construed in accordance with the laws of the State of Utah and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Salt Lake City, Utah. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.