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author | Adrià Cabello | 2022-09-24 00:25:27 +0200 |
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committer | Adrià Cabello | 2022-09-24 00:25:27 +0200 |
commit | a6dd73472992d727db2687a2aeb4339590643cf0 (patch) | |
tree | 9ad0c13f8699457eefd299e65d0e284b3c5abdc3 | |
parent | 59ecb304cbf073bca21400d7fa7524755aeadc23 (diff) | |
download | aur-a6dd73472992d727db2687a2aeb4339590643cf0.tar.gz |
initial upload
-rw-r--r-- | .SRCINFO | 3 | ||||
-rw-r--r-- | LICENSE | 772 | ||||
-rw-r--r-- | PKGBUILD | 10 |
3 files changed, 781 insertions, 4 deletions
@@ -3,7 +3,8 @@ pkgbase = foundry-nuke pkgver = 13.2v3 pkgrel = 1 url = https://www.foundry.com/products/nuke - arch = any + arch = x86_64 + license = Custom: The Foundry provides = nuke source = https://www.foundry.com/products/download_product?file=Nuke13.2v3-linux-x86_64.tgz md5sums = 112031aa2dae0e1ba97db423aa325a7a diff --git a/LICENSE b/LICENSE new file mode 100644 index 000000000000..a6867c0e1346 --- /dev/null +++ b/LICENSE @@ -0,0 +1,772 @@ +END USER LICENSE AGREEMENT (EULA) + +PLEASE READ THIS EULA CAREFULLY BEFORE ORDERING OR DOWNLOADING OR USING ANY SOFTWARE PRODUCTS O +F FOUNDRY. YOUR ATTENTION IS PARTICULARLY DRAWN TO: (A) CLAUSE 8 IN WHICH SUBSCRIPTION CUSTOMER +S AGREE TO THE AUTO-RENEWAL OF THEIR LICENSE ON AN ANNUAL BASIS; (B) CLAUSES 14 AND 15 WHERE WE + LIMIT OUR LIABILITY TO USERS OF OUR SOFTWARE PRODUCTS; (C) CLAUSE 18.2 REGARDING THE DATA WE M +AY COLLECT AND HOW WE MAY USE IT; AND (D) CLAUSE 18.3 WHERE YOU AUTHORISE FOUNDRY TO USE THE SO +FTWARE TO ACCESS AND COLLECT CERTAIN +INFORMATION FROM YOUR COMPUTER NETWORKS AND TO TRANSMIT THIS INFORMATION TO FOUNDRY. + +IMPORTANT NOTICE TO ALL USERS: BY DOWNLOADING AND/OR USING THIS SOFTWARE YOU ACKNOWLEDGE THAT +YOU HAVE READ THIS EULA, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YO +U DO NOT AGREE TO THE TERMS OF THIS EULA DO NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE. + +IMPORTANT NOTICE TO CONSUMERS WHO PURCHASE SOFTWARE PRODUCTS DIRECT FROM FOUNDRY: YOU HAVE THE +RIGHT TO CANCEL YOUR CONTRACT AND OBTAIN A FULL REFUND IN ACCORDANCE WITH CLAUSE 9. HOWEVER YOU + WILL LOSE THIS RIGHT ONCE YOU INSTALL THE SOFTWARE OR LOGIN TO A LOGIN-BASED LICENSE. THIS DOE +S NOT AFFECT YOUR CONSUMER RIGHTS IN RELATION TO DEFECTIVE PRODUCTS OR SERVICES. + +This END USER LICENSE AGREEMENT ("EULA") is, in cases where you purchase our product(s) direct +from Foundry, incorporated into the agreement between The Foundry Visionmongers Ltd a company r +egistered in England and Wales with company number 4642027 and whose registered office is at Sq +uire Patton Boggs Secretarial Services Limited, Rutland House, 148 Edmund Street, Birmingham, U +nited Kingdom, B3 2JR and whose address for correspondence is 5 Golden Square, London W1F 9HT, +("Foundry"), and you, as either an +individual or a single company or other legal entity ("Licensee") on the terms of which you wil +l purchase the products and services of Foundry (the "Agreement"). In cases where you purchase +our product(s) from one of our resellers, the use of the term "Agreement" in this EULA refers t +o the arrangements between Foundry and Licensee on which Licensee is permitted to use Foundry's + product(s), including this EULA. + +Foundry reserves the right to refuse to grant a License (as defined in clause 1.1) to any Licen +see who has failed to pay any sum due either to Foundry or to a reseller of Foundry, in connect +ion with the Agreement, in connection with any other software license to use any Software produ +ct(s) of Foundry and/or in connection with any Maintenance and Support Agreement as defined in +clause 8.5. + +1. GRANT OF LICENSE + +1.1 Subject to terms and the scope of the applicable licence model as set out in clause 2, the +limitations of clause 3 and all the other terms of the Agreement, Foundry grants to Licensee a +limited, non-transferable (subject to clause 2.1(b) below) and non-exclusive license to downloa +d, install and use a machine readable, object code version (subject to clauses 3 and 4 below) o +f the software program(s) purchased by Licensee (the "Software") and any accompanying user guid +e and other documentation (the +"Documentation"), solely for Licensee's, where the Licensee is a business, own internal purpose +s or, where the Licensee is a consumer, domestic and private purposes (the "License"); provided +, however, that Licensee's right to download, install and use the Software and the Documentatio +n is limited to those rights expressly set out in this EULA. + +1.2 Some types of license models set out in clause 2.1 limit the installation and use of the So +ftware to the country in which Licensee is based at the date of purchase (the "Home Country"), +unless otherwise agreed in writing. Notwithstanding such limits, Licensee may still use the Sof +tware outside the Home Country if traveling or working outside the Home Country on a temporary +basis provided that such use does not exceed 70 days in aggregate in any rolling twelve month p +eriod or, in the case of any license +which lasts for less than twelve months, does not exceed the number of days representing 20% of + the term of the license. + +1.3 Only to the extent that is proportionate to, and reasonably necessary to support, Licensee' +s licensed use of the Software in accordance with the Agreement, Licensee may (provided valid l +icense keys or license entitlements have been obtained) install the Software on more than one c +omputer, provided always that Licensee's concurrent use of different installations of the Softw +are does not exceed the number of valid Licenses that Licensee has paid for or licensed (as app +licable). + +2. LICENSE MODELS + +2.1 For each Software product that you purchase from Foundry, the product will be licensed (and + not sold) to you on the terms of one or more of the license models set out in this clause 2.1 +and clause 2.2 as specified in Foundry's invoice or order confirmation (as applicable), and sub +ject to the other terms and conditions of this EULA. Please note that some licensing models set + out below do not apply to certain Software products of Foundry. Whichever licensing model appl +ies, Licensee shall not at any one +time use more copies of the Software than the total number of valid licenses purchased by Licen +see. + +(a) "Node Locked License" If Licensee purchases a Node Locked License, Licensee will install an +d use only a single copy of the Software on only one computer at a time, which may be located a +nywhere in the Home Country. + +(b) "Modo Individual License" If Licensee purchases a Modo Individual License then: (a) License +e warrants and represents that Licensee is a natural person and that only Licensee will use the + Software; (b) Licensee may transfer or assign ("transfer") the Modo Individual License to anot +her natural person ("Assignee") subject to Licensee: (i) notifying Foundry of such transfer and + obtaining Foundry's express written consent, (ii) paying an administrative fee with respect to + such transfer as may be required by +Foundry, and (iii) after transferring a single copy of the Software to the Assignee, deleting a +ny copies of the Software that Licensee may have in Licensee's possession, custody or power; (c +) Licensee shall not share its login details for the Software with any third party (d) Licensee + shall be entitled to use the Software on different computers which may be located anywhere and + use is not restricted to the Home Country; (e) use of the Software shall be limited to no more + than one concurrent use at all +times. + +(c) "Floating License" If Licensee purchases a Floating License, use of the Software may be at +any site in the Home Country. + +(d) "Login-Based License" If Licensee purchases a Login-Based License, Licensee warrants and re +presents that Licensee is a natural person and that only Licensee shall use the Software. Licen +see will be issued with log in details and may use the Software on any number of computers (but + not simultaneously). + +(e) "Nuke Indie License" If Licensee purchases a License for Nuke Indie, then: (a) Licensee war +rants and represents that Licensee (i) is a natural person and that only Licensee will use the +Software; (ii) is working independently and shall not use the Nuke Indie License in a pipeline +with other Nuke commercial or Nuke Indie licenses, whether those licenses are held by the Licen +see, other individuals or other businesses or organisations; and (iii) earns less than $100,000 + USD (or local equivalent) a year; +and (iv) that Licensee satisfies all criteria set out in Foundry's Nuke Indie Eligibility Requi +rements as published on its website and which may be amended from time to time (the "Nuke Indie + Eligibility Requirements"); (b) Licensee shall not share its login details for the Software wi +th any third party; (c) Licensee shall not purchase or use more than one Nuke Indie License; (d +) Licensee may use the License on different computers, subject to (i) a maximum of two computer + authorisations at any one time and +(ii) no more than one concurrent user at any one time; and (e) Licensee shall use the Software +in accordance with terms of the Nuke Indie Eligibility Requirements, including abiding by any f +unctional restrictions; and (f) the provisions of clause 8 shall apply. + +(f) "Modo Subscription License" If Licensee purchases an Individual License for Modo on a subsc +ription basis, then: (a) Licensee warrants and represents that Licensee is a natural person and + that only Licensee will use the Software; (b) Licensee shall not share its login details for t +he Software with any third party; (c) Licensee may use the Software on different computers whic +h may be located anywhere and use is not restricted to the Home Country; (d) Licensee may use t +he License on different computers, +subject to (i) a maximum of two computer authorisations at any one time and (ii) no more than o +ne concurrent user at any one time; (e) Licensee shall not purchase or use more than one Modo S +ubscription License; and (f) the provisions of clause 8 shall apply. + +(g) "Mari Individual Subscription License" If Licensee purchases an Individual License for Mari + on a subscription basis then: (a) Licensee warrants and represents that Licensee is a natural +person and that only Licensee will use the Software; (b) Licensee shall not share its login det +ails for the Software with any third party; (c) Licensee may use the Software on different comp +uters which may be located anywhere and use is not restricted to the Home Country; (d) Licensee + may use the License on different +computers, subject to (i) a maximum of two computer authorisations at any one time and (ii) no +more than one concurrent user at any one time; (e) Licensee shall not purchase or use more than + one Mari Individual Subscription License; and (f) the provisions of clause 8 shall apply. + +(h) "Rental License" If Licensee has purchased a License on a rental basis, the License shall b +e limited to the term of the rental as agreed in writing with Foundry after which it shall auto +matically expire. + +(i) "Educational License" If Licensee has purchased the Software on the discounted terms of Fou +ndry's Educational Policy published on its website (the "Educational Policy"), Licensee warrant +s and represents to Foundry as a condition of the Educational License that: (i) (if Licensee is + a natural person) he or she is a part-time or full-time student at the time of purchase and wi +ll not use the Software for any commercial, professional or for-profit purposes; (ii) (if the L +icensee is not a natural person) it +is an organization that will use the Software only for the purpose of training and instruction, + and for no other purpose, and (iii) Licensee will at all times comply with the Educational Pol +icy (as such policy may be amended from time to time). Unless the Educational License is a Floa +ting License, Licensee shall use the Software on only one computer at a time. + +(j) "Graduate License" If Licensee has purchased the Software on the discounted terms of Foundr +y's Graduate Licence, Licensee warrants and represents to Foundry as a condition of the Graduat +e Licence that the Licensee has graduated from a university or tertiary education institute no +more than six (6) months prior to the grant of the Graduate Licence. The Licensee may use the S +oftware in a personal capacity only (namely, as a sole trader or freelancer). For the avoidance + of doubt, Licensee may not use the +Graduate License in connection with any employment or other such collaborations with studios or + similar organisations. Foundry reserves the right to require evidence of graduation by the Lic +ensee. Each Graduate License shall be deemed to be a one (1) year Rental License after which it + shall automatically expire. + +(k) "Non-Commercial License" If the License is a Non-Commercial License, Licensee warrants and +represents that Licensee is a natural person, that they will only access and/or use one copy of + a Non-Commercial License for personal, recreational and non-commercial purposes and that only +Licensee will use the Software. Under a Non-Commercial License, Licensee will not use the Softw +are: (a) in conjunction with any other copies or versions of the Software, under any type of Li +cense model; (b) for any commercial, +professional, for-profit and/or on-sale purpose or otherwise to provide any commercial service( +s) to a third party (whether or not for financial or other reward and including for education, +instruction of or demonstration to any third party for commercial purposes); (c) in the course +of any employment or business undertaking of Licensee; (d) on any commercial premises during bu +siness hours (except where use of the Software is solely for a personal, recreational, educatio +nal or other non-commercial +purpose); and/or (e) to create any commercial tools or plug ins. + +(l) "Modo Steam Edition" A version of Modo with limited functionality as described in the Docum +entation is available to purchase on discount terms through Valve Corporation's Steam store. If + Licensee has purchased such version, Licensee warrants and represents to Foundry as a conditio +n of the Agreement that: (i) Licensee is a natural person; and (ii) Licensee will use the Softw +are strictly through Steam and only for personal, recreational and non-commercial use, except o +nly that if Licensee uses the +Software to create assets and content Licensee may sell such assets and content through Valve's + Steam Workshop. + +(m) "Modo indie" and "Mari indie" Variants of Modo and Mari with limited functionality as descr +ibed in the Documentation are available to purchase on discount terms through Valve Corporation +'s Steam store. If Licensee has purchased such a variant, Licensee warrants and represents to F +oundry as a condition of the Agreement that: (i) Licensee is a natural person; or (ii) Licensee + is an entity in the direct ownership of a single natural person; (iii) Licensee will only acce +ss and/or use one copy of either +variant; and (iv) only Licensee will use the Software. + +(n) "Trial License" Licensee may register for a "Trial License" of the Software (not available +for all products or in all regions or markets). A Trial License lasts a limited specified peri +od on the expiry of which the Software will automatically cease to function. Foundry may termin +ate any Trial License for convenience immediately on notice to Licensee. Licensee will use the +Software for product evaluation and learning purposes only and on only one computer at a time. + +(o) "Subscription License" Any reference to a Subscription License shall mean a Modo Subscripti +on License, Nuke Indie License or a Mari Individual Subscription License, as the case may be. + +2.2 If Licensee has purchased a License that permits "non-interactive" use of the Software ("He +adless Rendering"), Licensee is authorized to use a non-interactive version of the Software for + rendering purposes only (i.e. without a user, in a non-interactive capacity) and shall not use + such Software on workstations or otherwise in a user-interactive capacity. Headless Rendering + is not available on all products. In all cases except Modo (in respect of which there is no li +mit on the amount of Headless +Rendering allowed), Headless Rendering licenses are limited to one computer such that the numbe +r of computers on which Headless Rendering can be carried out is limited to the number of valid + Licenses that have been purchased. + +3. RESTRICTIONS ON USE + +Please note that in order to guard against unlicensed use of the Software, a license key is req +uired to access and enable the Software. Licensee is authorised to use the Software in machine + readable, object code form only (subject to clause 4), and Licensee shall not: (a) assign, sub +license, sell, distribute, transfer, pledge, lease, rent, lend, share or export the Software, t +he Documentation or Licensee's rights under this EULA; (b) alter or circumvent the license keys + or other copy protection mechanisms +in the Software or reverse engineer, decompile, disassemble or otherwise attempt to discover th +e source code of the Software in each case except as and to the extent that applicable law requ +ires such reverse engineering, decompilation, disassembly or discovery to be permitted and it i +s not lawful to contract out of such requirement; (c) implement or use any method or mechanism +designed to enable product functionality not available in the Software but available in (i) oth +er Foundry products; or (ii) other +Foundry releases of the same product; (d) (subject to clause 4) modify, adapt, translate or cre +ate derivative works based on the Software or Documentation; (e) use, or allow the use of, the +Software or Documentation on any project other than a project produced by Licensee (an "Authori +zed Project") or to provide a service (whether or not any charge is made) to any third party; ( +f) allow or permit anyone (other than Licensee and Licensee's authorized employees to the exten +t they are working on an Authorized +Project) to use or have access to the Software or Documentation; (g) copy or install the Softwa +re or Documentation other than as expressly provided for in this EULA; or (h) take any action, +or fail to take action, that could adversely affect the trademarks, service marks, patents, tra +de secrets, copyrights or other intellectual property rights of Foundry or any third party with + intellectual property rights in the Software (each, a "Third Party Licensor"). For purposes of + this clause 3, the term "Software" +shall include any derivatives of the Software. + +Notwithstanding clause 3(b) above, where the reduction of the Software to human readable form i +s necessary for the purposes of integrating the operation of the Software with the operation of + other software or systems used by the Licensee in accordance with section 50B of the Copyright + Designs and Patents Act 1988 (or any analogous legislation in other jurisdictions), prior to r +educing the Software to human readable form (whether by reverse engineering, decompilation or d +isassembly), the Licensee shall +notify Foundry and allow Foundry a reasonable period to either carry out such action as is requ +ired to fulfil the integration or provide the information necessary to achieve such integration + to the Licensee, and in either case the Licensee shall meet Foundry's reasonable costs in doin +g so. + +Unless Licensee has purchased an Individual License or a Login-Based License, if the Software i +s moved from one computer to another, the issuing of replacement or substituted license keys is + subject to and strictly in accordance with Foundry's License Transfer Policy, which is availab +le on Foundry's website and which requires a fee to be paid in certain circumstances. Foundry m +ay from time to time and at its sole discretion vary the terms and conditions of the License Tr +ansfer Policy. + +4. SOURCE CODE + +Notwithstanding that clause 1 defines "Software" as an object code version and that clause 3 pr +ovides that Licensee may use the Software in object code form only: + +4.1 if Foundry has agreed to license to Licensee (including by way of providing SDKs, upgrades, + updates or enhancements/customization) source code or elements of the source code of the Softw +are, the intellectual property rights in which belong either to Foundry or to a Third Party Lic +ensor ("Source Code"), Licensee shall be licensed to use the Source Code as Software on the ter +ms of this EULA and: (a) notwithstanding clause 3 (c), Licensee may use the Source Code at its +own risk in any reasonable way for +the limited purpose of enhancing its use of the Software solely for, where the Licensee is a bu +siness, its own internal business purposes or, where the Licensee is a consumer, domestic and p +rivate purposes and in all respects in accordance with this EULA; (b) Licensee shall in respect + of the Source Code comply strictly with all other restrictions applying to its use of the Soft +ware under this EULA as well as any other restriction or instruction that is communicated to it + by Foundry at any time during the +Agreement (whether imposed or requested by Foundry or by any Third Party Licensor); + +4.2 to the extent that the Software links to or itself incorporates any open source software an +d/or software libraries ("OSS Components") that are provided to Licensee with or as part of the + Software, then where such OSS Components are licensed on the terms of an open source software + licence that requires Foundry to make the OSS Components available to the Licensee on specific + terms (the "OSS Licence Terms"), those OSS Components are licensed to Licensee on, and subject + to, the terms of the relevant OSS +Licence Terms; + +4.3 where Foundry is required by any OSS Licence Terms to make the source code of the relevant +OSS Component available to the Licensee, Foundry will at any time during the three year period +starting on the date of the Agreement, at the request of Licensee and subject to Licensee payin +g to Foundry a charge that does not exceed Foundry's costs of doing so, provide Licensee with t +he source code of the relevant OSS Component (the "OSS Source Code") in order that Licensee may + modify the OSS Component in +accordance with the relevant OSS Licence Terms, together (where appropriate) with certain objec +t code of the Software necessary to enable Licensee to re-link any modified OSS Components to t +he Software (the "Object"); and + +4.4 notwithstanding any other term of the Agreement, Foundry gives no express or implied warran +ty, undertaking or indemnity whatsoever in respect of the Source Code, the OSS Components, the +OSS Source Code or the Object, all of which are licensed on an "as is" basis, or in respect of +any modification of the Source Code, the OSS Components or the OSS Source Code made by License +e ("Modification"). Licensee may not use the Object for any purpose other than its use of the S +oftware in accordance with this +EULA. Notwithstanding any other term of the Agreement, Foundry shall have no obligation to prov +ide support, maintenance, upgrades or updates of or in respect of any of the Source Code, the O +SS Components (save for any obligations Foundry may have in respect of any elements that form p +art of the Software as a whole), the OSS Source Code, the Object or any Modification. Licensee +shall indemnify Foundry against all liabilities and expenses (including reasonable legal costs) + incurred by Foundry in relation to +any claim asserting that any Modification infringes the intellectual property rights of any thi +rd party. + +5. BACK-UP COPY + +Licensee may store one copy of the Software and Documentation off-line and off-site in a secure +d location within the Home Country that is owned or leased by Licensee in order to provide a ba +ck-up in the event of destruction by fire, flood, acts of war, acts of nature, vandalism or oth +er incident. In no event may Licensee use the back-up copy of the Software or Documentation to +circumvent the usage or other limitations set forth in this EULA. + +6. OWNERSHIP + +Licensee acknowledges that the Software (including, for the avoidance of doubt, any Source Code + that is licensed to Licensee) and Documentation and all related intellectual property rights a +nd other proprietary rights are and shall remain the sole property of Foundry and the Third Par +ty Licensors. Licensee shall not remove, or allow the removal of, any copyright or other propri +etary rights notice included in and on the Software or Documentation or take any other action t +hat could adversely affect the +property rights of Foundry or any Third Party Licensor. To the extent that Licensee is authoriz +ed to make copies of the Software or Documentation under this EULA, Licensee shall reproduce in + and on all such copies any copyright and/or other proprietary rights notices provided in and o +n the materials supplied by Foundry hereunder. Nothing in the Agreement shall be deemed to give + Licensee any rights in the trademarks, service marks, patents, trade secrets, confidential inf +ormation, copyrights or other +intellectual property rights of Foundry or any Third Party Licensor, and Licensee shall be stri +ctly prohibited from using the name, trademarks or service marks of Foundry or any Third Party +Licensor in Licensee's promotion or publicity without Foundry's prior express written approval. + +Subject to clause 4.3, Foundry undertakes (the "Undertaking") to defend Licensee or at Foundry' +s option settle any claim brought against Licensee alleging that Licensee's possession or use o +f the Software or Documentation in accordance with the Agreement infringes the intellectual pro +perty rights of a third party in the same country as Licensee ("Claim") and shall reimburse all + reasonable losses, damages, costs (including reasonable legal fees) and expenses incurred by o +r awarded against Licensee in +connection with any such Claim, provided that the Undertaking shall not apply where the Claim i +n question is attributable to possession or use of the Software or Documentation other than in +accordance with the Agreement, or in combination with any hardware, software or service not sup +plied or specified by Foundry. The Undertaking is conditional on Licensee giving written notice + of the Claim to Foundry as soon as reasonably possible, cooperating in the defence of the Clai +m and not making any admission of +liability or taking any step prejudicial to the defence of the Claim. If any Claim is made, or +in Foundry's reasonable opinion is likely to be made, against Licensee, Foundry may at its sole + option and expense (a) procure for Licensee the right to continue using the Software, (b) modi +fy the Software so that it ceases to be infringing, (c) replace the Software with non-infringin +g software, or (d) terminate the Agreement immediately by notice in writing to Licensee and ref +und the License Fee (less a +reasonable sum in respect of Licensee's use of the Software to the date of termination) on retu +rn of the Software and all copies by Licensee. The Undertaking constitutes Licensee's exclusive + remedy and Foundry's only liability in respect of any Claim. + +7. LICENSE FEE + +7.1 Licensee acknowledges that the rights granted to Licensee under this EULA are conditional o +n Licensee's timely payment of the license fee payable to Foundry in connection with the Agreem +ent or, as the case may be, payable to Foundry's reseller (the "License Fee"). Except as expre +ssly set out in clause 8.8, License Fee shall be payable in full as one single payment. + +7.2 Licensee will be charged and agrees to pay to Foundry or Foundry's authorised reseller (as +applicable): (a) the License Fee as notified by Foundry (or its reseller) at the time of the in +itial purchase of the License; and (b) in respect of any Subscription Autorenewal Period for a +Subscription License, the License Fee as notified by Foundry (or its reseller) on or about the +applicable Renewal Date. Unless stated otherwise, any Licence Fee notified to the Licensee by F +oundry (or its reseller) is +exclusive of VAT and any other similar taxes, duties or levies, which shall be payable by the L +icensee (and the Licensee agrees to pay) in addition to the Licence Fee. + +7.3 In the cases of Non-Commercial NUKE or Trial Licenses for the avoidance of doubt, the fact +that no License Fee may be payable shall not be construed as a waiver by Foundry of any right o +r remedy available to it in relation to any breach by Licensee of this EULA or the Agreement, o +r of any other right or remedy arising under applicable law, all of which are expressly reserve +d. + +8. SUBSCRIPTION LICENSES AND AUTO-RENEWAL + +8.1 If Licensee has purchased a Subscription Licence, the License shall be limited to the Initi +al Subscription Period and any/all Auto-renewal Periods (each as defined below) (together the " +Subscription Period") after which it shall automatically expire. + +8.2 The Subscription Licence shall begin as soon as Foundry accepts Licensee's order by issuing + Licensee with a license key (the "Subscription Start Date") and shall continue for an initial +period of twelve (12) months (the "Initial Subscription Period") unless earlier terminated in a +ccordance the terms of this EULA. + +8.3 Unless Licensee opts out of auto-renewal in accordance with clause 8.6 then upon the first +anniversary of the Subscription Start Date and each subsequent anniversary (each a "Subscriptio +n Renewal Date"), Licensee's Subscription Licence shall renew automatically for a further twelv +e (12) months (each an "Auto-renewal Period"). Licensee's Subscription License will continue to + auto-renew in this manner until Licensee opts out of auto-renewal or unless earlier terminated + in accordance with the terms of +this EULA. + +8.4 Prior to each Subscription Renewal Date, Foundry shall send one (1) email to advise you tha +t your Subscription License is approaching auto-renewal to the contact email address as provide +d by Licensee in accordance with clause 22. The reminder email will be sent not less than thirt +y (30) days prior to the relevant Subscription Renewal Date. + +8.5 Subject to Licensee's timely payment of the applicable License Fee, a Subscription Licence +shall include access to certain maintenance and support services for the Subscription Licence i +n accordance with the terms of the Maintenance and Support Agreement which is available on FOUN +DRY's website (the "Maintenance and Support Agreement"). + +8.6 Opting Out of Auto-renewal. If Licensee wishes to opt out of auto-renewal then you must ema +il licenses@foundry.com providing details of the Subscription Licences which you wish to opt ou +t not less than seventy-two (72) hours prior to the relevant Subscription Renewal Date. Provid +ed that Licensee notifies Foundry in accordance with the provisions of this clause 8.6 then you +r Subscription License will not auto-renew and shall expire at the end of the then-current Subs +cription Period. If you require +further Maintenance and Support then please refer to Foundry's Maintenance and Support Policy a +s published on its website from time to time. + +8.7 Increases to the License Fee for Subscription Licenses. Foundry reserves the right to incre +ase the License Fee for Subscription Licenses from time to time provided that it shall provide +Licensee with not less than thirty (30) days' notice of any increase prior to the relevant Subs +cription Renewal Date. + +8.8 Payment in Instalments. If Licensee is paying the License Fee for the Subscription License +in instalments (as shall be noted in the applicable invoice), then the License Fee shall be owi +ng on the Subscription Start Date and any/all Subscription Renewal Dates and shall be payable i +n twelve (12) equal monthly instalments thereafter, or on termination of this agreement if earl +ier. By placing an order for a Subscription License payable in instalments, Licensee requests a +nd authorizes Foundry (or its +agents) to take one twelfth of the applicable annual License Fee from the means of payment prov +ided by Licensee every month during the Subscription Period. The Subscription License will term +inate automatically if payment cannot be taken from the means of payment provided by Licensee f +or any one month. In the event of termination, Licensee shall remain liable for the balance of + the License Fee which shall become payable immediately and in full. + +9. CANCELLATIONS + +9.1 Licensee may cancel a License within 14 days of the original purchase date to obtain a full + refund and Licensee will no longer be able to use the Software from the cancellation date. Li +censee's right to obtain a refund will be lost once the Software has been installed. + +9.2 Refunds are not payable for cancellations made after such date. This includes Subscription + licenses which are subject to the fixed twelve (12) month terms and for which the Licensee may + opt out of auto-renewal in accordance with Clause 8. + +9.3 Cancellations and requests for refunds can be made by contacting Foundry's Sales Support te +am at licenses@foundry.com. + + +10. MAINTENANCE AND SUPPORT + +If the Licensee has purchased maintenance and support services from Foundry for any Product lic +ensed under this EULA, or if the Licensee is entitled to receive maintenance and support servic +es for a Subscription Licence in accordance with clause 8.5, then Foundry shall provide those s +ervices subject to the terms of its Maintenance and Support Agreement available on its website. + Foundry may from time to time and at its sole discretion vary the terms and conditions of the +Maintenance and Support Agreement. +If Licensee allows their maintenance support services to lapse for a period of time ("Lapsed Pe +riod") and then seeks to purchase further maintenance and support services, Foundry reserves th +e right to require Licensee to back-pay fees for the Lapsed Period. + +11. TAXES AND DUTIES + +Licensee agrees to pay, and indemnify Foundry from claims for, any local, state or national tax + (exclusive of taxes based on net income), duty, tariff or other impost related to or arising f +rom the transaction contemplated by the Agreement. + +12. LIMITED WARRANTY + +12.1 Subject to clause 12.3, Foundry warrants that, for a period of ninety (90) days after Lice +nsee first downloads the Software ("Warranty Period"): (a) the Software will, when properly use +d on an operating system for which it was designed, perform substantially in accordance with th +e functions described in the Documentation; and (b) that the Documentation correctly describes +the operation of the Software in all material respects. If, within the Warranty Period, License +e notifies Foundry in writing of any +defect or fault in the Software as a result of which it fails to perform substantially in accor +dance with the Documentation, Foundry will, at its sole option, either repair or replace the So +ftware, provided that Licensee makes available all the information that may be necessary to ide +ntify, recreate and remedy the defect or fault. This warranty will not apply to, and Foundry sh +all have no liability for, any defect or fault caused by: (a) unauthorised use of or any amendm +ent made to the Software by any +person other than Foundry; and/or (b) use of the Software in conjunction with third party techn +ology. If Licensee is a consumer, the warranty given in this clause is in addition to Licensee' +s legal rights in relation to any Software or Documentation that is faulty or not as described. + +12.2 Foundry does not warrant that the Software or Documentation will meet Licensee's requireme +nts or that Licensee's use of the Software will be uninterrupted or error free. + +12.3 If Licensee purchases a license of the Software that is of a fixed term duration, the Warr +anty Period in clause 12.1 shall apply only to Licensee's first purchase of such license and no +t to any subsequent renewal(s) even if a renewal involves another download. + +13. INDEMNIFICATION + +Licensee agrees to indemnify, hold harmless and defend Foundry, the Third Party Licensors and F +oundry's and each Third Party Licensor's respective affiliates, officers, directors, shareholde +rs, employees, authorized resellers, agents and other representatives from all claims, defence +costs (including, but not limited to, legal fees), judgments, settlements and other expenses ar +ising from or connected with any claim that any authorised or unauthorised modification of the +Software or Documentation by +Licensee or any person connected with Licensee infringes the intellectual property rights or ot +her proprietary rights of any third party. + +14. LIMITATION OF LIABILITY TO BUSINESS USERS + +This clause applies where Licensee is a business user (and for these purposes any Licensee that + is not a consumer shall be treated as a business user). Licensee acknowledges that the Softwar +e has not been developed to meet its individual requirements, and that it is therefore Licensee +'s responsibility to ensure that the facilities and functions of the Software as described in t +he Documentation meet such requirements. The Software and Documentation is supplied only for Li +censee's internal use for its +business, and not for any re-sale purposes or for the provision of the Software (whether direct +ly or indirectly) to third parties. Foundry shall not under any circumstances whatever be liabl +e to Licensee, its affiliates, officers, directors, shareholders, employees, agents or other re +presentatives, whether in contract, tort (including negligence), breach of statutory duty, or o +therwise, arising under or in connection with the Agreement for loss of profits, sales, busines +s, or revenue, business +interruption, loss of anticipated savings, loss or corruption of data or information, loss of b +usiness opportunity, goodwill or reputation (in each case whether the loss is direct or indirec +t) or any indirect or consequential loss or damage. In respect of any other losses, Foundry's m +aximum aggregate liability under or in connection with the Agreement whether in contract, tort +(including negligence) or otherwise, shall in all circumstances be limited to the greater of US +$5,000 (five thousand USD) and a sum +equal to the License Fee. Nothing in the Agreement shall limit or exclude Foundry's liability f +or death or personal injury resulting from our negligence, for fraud or fraudulent misrepresent +ation or for any other liability that cannot be excluded or limited by applicable law. This EUL +A sets out the full extent of our obligations and liabilities in respect of the supply of the S +oftware and Documentation. Except as expressly stated in writing in this EULA, there are no con +ditions, warranties, representations +or other terms, express or implied, that are binding on Foundry. Any condition, warranty, repr +esentation or other term concerning the supply of the Software and Documentation which might ot +herwise be implied into, or incorporated in, the Agreement, whether by statute, common law or o +therwise, is excluded to the fullest extent permitted by law. + +15. LIMITATION OF LIABILITY TO CONSUMERS + +This clause applies where Licensee is a consumer. Licensee acknowledges that the Software has n +ot been developed to meet Licensee's individual requirements, and that it is therefore Licensee +'s responsibility to ensure that the facilities and functions of the Software as described in t +he Documentation meet such requirements. The Software and Documentation are only supplied for L +icensee's domestic and private use. Licensee agrees not to use the Software and Documentation f +or any commercial, business or +re-sale purposes, and Foundry has no liability to Licensee for any loss of profit, loss of busi +ness, business interruption, or loss of business opportunity. Foundry is only responsible for l +oss or damage suffered by Licensee that is a foreseeable result of Foundry's breach of the Agre +ement or its negligence but Foundry is not responsible for any loss or damage that is not fores +eeable. Loss or damage is foreseeable if they were an obvious consequence of a breach or if the +y were contemplated by Licensee and +Foundry at the time of forming the Agreement. Our maximum aggregate liability under or in conne +ction with the Agreement, whether in contract, tort (including negligence) or otherwise, shall +in all circumstances be limited to a sum equal to the greater of US$5,000 (five thousand USD) a +nd a sum equal to the License Fee. Nothing in the Agreement shall limit or exclude Foundry's li +ability for death or personal injury resulting from our negligence, for fraud or fraudulent mis +representation or for any other +liability that cannot be excluded or limited by applicable law. + +16. TERM; TERMINATION + +16.1 The Agreement is effective upon Licensee's download of the Software, and the Agreement wil +l remain in effect until termination or expiry. Licensee may terminate the Agreement on written + notice to Foundry if Foundry is in material breach of this Agreement and fails to cure the bre +ach within 10 (ten) working days of receiving notice of such breach. If Licensee breaches the A +greement, Foundry may terminate the License immediately by notice to Licensee. + +16.2 If the Agreement expires or is terminated, the License will cease immediately and License +e will immediately cease use of any Software and Documentation and either return to Foundry all + copies of the Software and Documentation in Licensee's possession, custody or power or, if Fou +ndry directs in writing, destroy all such copies. In the latter case, if requested by Foundry, +Licensee shall provide Foundry with a certificate confirming that such destruction has been com +pleted. + +16.3 Foundry reserves the right to terminate and/or suspend the License as it deems reasonable +in its sole discretion by notice to Licensee if it becomes aware that Licensee has failed to pa +y any sum due either to Foundry or to a reseller of Foundry either in connection with the Agree +ment or in connection with any other Software license to use any product(s) of Foundry, in conn +ection with any Maintenance and Support Agreement or if the Licensee is otherwise in breach of +or fails to comply with any term of +the Agreement. + +16.4 Foundry may also terminate this EULA if Licensee becomes subject to bankruptcy proceedings +, becomes insolvent, or makes an arrangement with Licensee's creditors. This EULA will terminat +e automatically without further notice or action by Foundry if Licensee goes into liquidation. + +17. CONFIDENTIALITY + +Licensee agrees that the Software (including, for the avoidance of doubt, any Source Code that +is licensed to Licensee) and Documentation are proprietary to and the confidential information +of Foundry or, as the case may be, the Third Party Licensors, and that all such information and + any related communications (collectively, "Confidential Information") are confidential and a f +undamental and important trade secret of Foundry and/or the Third Party Licensors. If Licensee +is a business user, Licensee shall +disclose Confidential Information only to Licensee's employees who are working on an Authorized + Project and have a "need-to-know" such Confidential Information for the purposes of that Autho +rized Project, and shall advise any recipients of Confidential Information that it is to be use +d only as expressly authorized in the Agreement. Licensee shall not disclose Confidential Infor +mation or otherwise make any Confidential Information available to any other of Licensee's empl +oyees or to any third parties +without the express written consent of Foundry. Licensee agrees to segregate, to the extent it +can be reasonably done, the Confidential Information from the confidential information and mate +rials of others in order to prevent commingling. Licensee shall take reasonable security measur +es, which measures shall be at least as great as the measures Licensee uses to keep Licensee's +own confidential information secure (but in any case using no less than a reasonable degree of +care), to hold the Software, +Documentation and any other Confidential Information in strict confidence and safe custody. Fou +ndry may request, in which case Licensee agrees to comply with, certain reasonable security mea +sures as part of the use of the Software and Documentation. This clause shall not apply to any +information that is in or comes into the public domain (other than as a result of the Licensee' +s breach of its obligations under the Agreement), or was in Licensee's lawful possession before + receipt or which Licensee develops +independently and without breach of this clause. Licensee acknowledges that monetary damages ma +y not be a sufficient remedy for unauthorized disclosure of Confidential Information, and that +Foundry shall be entitled, without waiving any other rights or remedies, to such injunctive or +other equitable relief as may be deemed proper by a court of competent jurisdiction. + +18. INSPECTION AND INFORMATION + +18.1 Unless Licensee is a consumer, Licensee shall advise Foundry on demand of all locations wh +ere the Software or Documentation is used or stored. Licensee shall permit Foundry or its autho +rized agents to audit all such locations during normal business hours and on reasonable advance + notice. + +18.2 The Software may include mechanisms to access and collect limited information from compute +r(s) on which it is installed and from any IT systems to which those computer(s) may be connect +ed (including any system registry files) and transmit it to Foundry and/or its resellers, inclu +ding the ability to locally cache such information on such computers. Such information (the "In +formation") may include details of relevant license(s) to Foundry products, details of computer + and network equipment, details of +the operating system(s) in use on such computer equipment, email domain relating to owners of s +uch computer and network equipment, the location of the computer(s) on which the Software is in +stalled and the profile and extent of use of the different elements of the Software and other F +oundry software. Foundry may use the Information to (a) model the profiles of usage, hardware a +nd operating systems in use collectively across its customer base in order to focus development + and support, (b) to provide +targeted support to individual customers, (c) to ensure that the usage of the Software by Licen +see is in accordance with the Agreement and does not exceed any user number or other limits on +its use, (d) to confirm the identity of Licensee, to identify unlicensed use of the Software (i +ncluding use of pirated or other unlicensed copies of the Software) and to assist Foundry (and +its resellers and any enforcement bodies) in contacting any unlicensed users of the Software an +d seeking to terminate unlicensed +use of the Software, and (e) to advise Licensee about service issues such as available upgrades + and maintenance expiry dates. To the extent that any Information constitutes personal data for + the purposes of the General Data Protection Regulation (EU) 2016/679 ("GDPR") it shall be proc +essed in accordance with the GDPR and with Foundry's Privacy Notice (see https://www.foundry.co +m/privacy-notice), as may be updated by Foundry from time to time. Licensee undertakes to make + all of users of the Software aware +of the uses which Foundry will make of the Information and of the terms of Foundry's Privacy Po +licy. + +18.3 By downloading or using the Software, you (i) warrant that you are entitled to control acc +ess to the computer(s) on which the Software is downloaded and any IT systems to which they may + be connected, and (ii) irrevocably authorise Foundry (through the use of the Software) to acce +ss such computer(s) and IT systems (including any system registry files) and collect the Inform +ation from them and to transmit that Information to Foundry and its resellers (and any enforcem +ent bodies) and use it for the +purposes identified at clause 18.2(a) to (e) above. + +19. U.S. GOVERNMENT LICENSE RIGHTS + +All Software, including all components thereof, and Documentation qualify as "commercial items, +" as that term is defined at Federal Acquisition Regulation ("FAR") (48 C.F.R.) 2.101, consisti +ng of "commercial computer software" and "commercial computer software documentation" as such t +erms are used in FAR 12.212. Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through 22 +7.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary in any +agreement into which this Agreement +may be incorporated, a government end user will acquire the Software and Documentation with onl +y those rights set forth in this Agreement. Use of either the Software or Documentation or both + constitutes agreement by the government that all Software and Documentation are "commercial co +mputer software" and "commercial computer software documentation," and constitutes acceptance o +f the rights and restrictions herein. The Software is the subject of the following notices: + + * Copyright (c) 2001 - 2020 The Foundry Visionmongers Ltd. All Rights Reserved. * Unpublished- +rights reserved under the Copyright Laws of the United Kingdom. + +20. SURVIVAL + +Clause 6, clause 7 and clauses 11 to 23 inclusive shall survive any termination or expiration o +f the Agreement. + +21. IMPORT/EXPORT CONTROLS + +To the extent that any Software made available under the Agreement is subject to restrictions u +pon export and/or re-export from any applicable jurisdiction (including the United States), Lic +ensee agrees to comply with, and not act or fail to act in any way that would violate, applicab +le international, national, state, regional or local laws and regulations, including, without l +imitation, the U.S. Export Administration Act and the Export Administration Regulations, the re +gulations of the U.S. Department of +Treasury Office of Foreign Assets Control, the International Traffic in Arms regulations, the U +nited States Foreign Corrupt Practices Act, the UK Export Control Act 2002 and the UK Export Co +ntrol Order 2008 (collectively, "Export Laws") as those laws may be amended or otherwise modifi +ed from time to time, and neither Foundry nor Licensee shall be required under the Agreement to + act or fail to act in any way which it believes in good faith will violate any such laws or re +gulations. Without limiting the +foregoing, Licensee agrees that it will not export or re-export, directly or indirectly, Foundr +y's Software or related products and services, or any commodity, technology, technical data, so +ftware or service that incorporates, contains or is a direct product of Foundry's Software, pro +ducts and/or services, (i) in violation of the Export Laws; (ii) to any country for which an ex +port license or other governmental approval is required at the time of export, without first ob +taining all necessary export +licenses or other approvals; (iii) to any country, or national or resident of a country, to whi +ch trade is embargoed by the United States; (iv) to any person or firm on any government agency +'s list of blocked, denied or barred persons or entities, including but not limited to the U.S. + Department of Commerce's Denied Persons List and Entities List, and the U.S Treasury Departmen +t's Specially Designated Nationals List; or (v) for use in any nuclear, chemical or biological +weapons, or missile technology +end-use. + +22. MISCELLANEOUS + +Unless Licensee is a consumer, the Agreement is the exclusive agreement between the parties con +cerning its subject matter and supersedes any and all prior oral or written agreements, negotia +tions, or other dealings between the parties concerning such subject matter. Licensee acknowled +ges that Licensee has not relied upon any representation or collateral warranty not recorded in + the Agreement inducing it to enter into the Agreement. + +The Agreement may be modified only in writing, by Foundry, at any time. + +The failure of either party to enforce any rights granted under the Agreement or to take action + against the other party in the event of any such breach shall not be deemed a waiver by that p +arty as to subsequent enforcement of rights or subsequent actions in the event of future breach +es. + +The Agreement and any dispute or claim arising out of or in connection with it or its subject m +atter or formation (including, unless Licensee is a consumer, non-contractual disputes or claim +s) shall be governed by, and construed in accordance with English Law and the parties irrevocab +ly submit to the non-exclusive jurisdiction of the English Courts, subject to any right that a +consumer may have to bring proceedings or to have proceedings brought against them in a differe +nt jurisdiction. + +If Foundry fails to insist that Licensee performs any obligation under the Agreement, or delays + in doing so, that will not mean that Foundry has waived its rights. + +If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforc +eable, it shall be deemed deleted, but that shall not affect the validity and enforceability of + the rest of this Agreement. + +Unless Licensee is a consumer, Licensee agrees that Foundry may refer to Licensee as a client o +r a user of the Software, may display its logo(s) for this purpose and may publish quotations a +nd testimonials from Licensee, its directors, partners, officers or employees. Foundry agrees t +o promptly cease any such use on Licensee's written request. + +Foundry and Licensee intend that each Third Party Licensor may enforce against Licensee under t +he Contracts (Rights of Third Parties) Act 1999 (the "Act") any obligation owed by Licensee to +Foundry under this EULA that is capable of application to any proprietary or other right of tha +t Third Party Licensor in or in relation to the Software. Foundry and Licensee reserve the righ +t under section 2(3)(a) of the Act to rescind, terminate or vary this EULA without the consent +of any Third Party Licensor. + +Email Address for Notices. Licensee shall notify Foundry of an email address for the provision +of any notices and correspondence in connection with the Agreement and shall notify Foundry via + licenses@foundry.com of any change(s) to that email address. Please note, the email address y +ou provide is important for the provision of notices to you, including in relation to the autor +enewal of any Subscription License (if applicable). It is your responsibility to provide and m +aintain an up to date email address. +Foundry shall store details of and may use the email address to notify you in accordance with t +he terms of this Agreement. + +23. COMPLAINTS & ONLINE DISPUTE RESOLUTION PLATFORM + +We hope that you are satisfied with any Software purchase made or service received from Foundry +, but if you have a complaint, in the first instance, please contact us on licenses@foundry.com + or through our Support Portal: https://support.foundry.com/hc/en-us (for technical support and + bug reports), or you can request a call back from the Sales team here: https://www.foundry.com +/contact-us. + + +Last updated 24 June 2020. + +Copyright (c) 24 June 2020 The Foundry Visionmongers Ltd. All Rights Reserved. Do not duplicate +. @@ -1,9 +1,13 @@ # Maintainer: Adrià Cabello <adriacabellocrespo at gmail dot com> pkgname=foundry-nuke -pkgver=13.2v3 +_pkgver_major=13 +_pkgver_minor=2 +_pkgver_build=3 +pkgver=${_pkgver_major}.${_pkgver_minor}v${_pkgver_build} pkgrel=1 pkgdesc="Nuke is a node-based digital compositing and visual effects application" -arch=('any') +arch=('x86_64') +license=('Custom: The Foundry') provides=('nuke') url="https://www.foundry.com/products/nuke" source=(https://www.foundry.com/products/download_product?file=Nuke$pkgver-linux-x86_64.tgz) @@ -17,5 +21,5 @@ package() { mv "Nuke$pkgver" "${pkgdir}/opt/nuke" - ln -s "/opt/nuke/Nuke13.2" "${pkgdir}/usr/bin/nuke" + ln -s "/opt/nuke/Nuke${_pkgver_major}.${_pkgver_minor}" "${pkgdir}/usr/bin/nuke" } |