PPS Copyright, Trademark & End User License Agreement
The materials ("Materials") contained on PowerProduction Software's (PowerProduction Software) web sites are provided by PowerProduction Software and may be used for informational purposes only. By using this site and downloading any of the Materials contained in any of PowerProduction Software's sites, you agree to the terms and provisions as outlined below. If you do not agree to them, do not use this site or download Materials. PowerProduction Software, Inc. reserves the right to change these terms and conditions from time to time in its sole discretion.
The information and images contained in this site are copyrighted and may not be distributed, modified, reproduced in whole or in part without the prior written permission of PowerProduction Software. The information on this web site is protected by law including copyright law.
COPYRIGHT NOTICE
Copyright © 1993-2024 PowerProduction Software, Inc. All Rights Reserved.
Duplication, use, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.
Web Site Publications: Except as expressly prohibited on this web site, you are permitted to view, copy, print, and distribute documents within this web site (such as datasheets, FAQ's, etc.), subject to your agreement that:
Use of this information is for informational, personal and noncommercial purposes only
You will not modify the documents or graphics
You will not copy or distribute graphics separate from their accompanying text and need expressed written permission from PowerProduction Software to publish our product descriptions and graphics
You may not quote materials out of context
You will display the above copyright notice and trademark notice (below) on all documents or portions of documents and retain any other copyright and other proprietary notices on any or every copy you make
You agree that PowerProduction Software may revoke this permission at any time and you will immediately stop your activities related to this permission upon notice from PowerProduction Software
The permission above does not include permission to copy the design elements, look and/or feel of this web site. The elements of this web site are protected by law, such as trade dress, trademark, unfair competition and other laws, and may not be copied or imitated in any manner.
RE Software: The software that is made available to you via download is the copyright work of PowerProduction Software, Inc. The use of the software is governed by the terms and conditions of the End User License Agreement that accompanies or is included in the software or as expressly stated on the web site pages accompanying the software. An End User cannot download or install the software without agreeing to the terms and conditions of the End User License Agreement. Any use or reproduction of the software in violation of the End User License Agreement is expressly prohibited and may result in civil and criminal liability.
DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND POWERPRODUCTION SOFTWARE, INC. , NEITHER POWERPRODUCTION SOFTWARE NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK OR COPYRIGHT.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND POWERPRODUCTION SOFTWARE, ALL INFORMATION, SOFTWARE, WEB SITE, AND PUBLICATIONS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND POWERPRODUCTION SOFTWARE HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, POWERPRODUCTION SOFTWARE DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT. IN NO EVENT WILL POWERPRODUCTION SOFTWARE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM THE LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION FOR BREACH OF CONTRACT OR WARRANTY OR TORT (INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION, SOFTWARE, WEB SITE OR PUBLICATIONS.
YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE WEB SITE AND PUBLICATIONS. POWERPRODUCTION SOFTWARE'S WEB SITE AND PUBLICATIONS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. POWERPRODUCTION SOFTWARE ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS IN THE WEB SITE AND PUBLICATIONS AND IN ANY OTHER REFERENCED OR LINKED DOCUMENTS.
POWERPRODUCTION SOFTWARE MAY MAKE CHANGES TO THE INFORMATION, SOFTWARE, WEB SITE, PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS AND PRODUCT OFFERINGS AT ANY TIME AND WITHOUT NOTICE.
THE WEB SITE AND PUBLICATIONS ARE DISTRIBUTED INTERNATIONALLY AND MAY CONTAIN REFERENCES TO POWERPRODUCTION SOFTWARE PRODUCTS, PROGRAMS AND SERVICES THAT HAVE NOT BEEN ANNOUNCED IN YOUR COUNTRY. THESE REFERENCES DO NOT IMPLY THAT POWERPRODUCTION SOFTWARE INTENDS TO ANNOUNCE SUCH PRODUCTS, PROGRAMS OR SERVICES IN YOUR COUNTRY.
THE WEB SITE CONTAINS LINKS TO THIRD PARTY SITES WHICH ARE NOT UNDER THE CONTROL OF POWERPRODUCTION SOFTWARE AND POWERPRODUCTION SOFTWARE IS NOT RESPONSIBLE FOR THE CONTENT ON ANY LINKED SITED. IF YOU ACCESS A THIRD PARTY SITE FROM POWERPRODUCTION SOFTWARE'S WEB SITE, THEN YOU DO SO AT YOUR OWN RISK. POWERPRODUCTION SOFTWARE PROVIDES THESE LINKS ONLY AS A CONVENIENCE AND THE INCLUSION OF THE LINK DOES NOT IMPLY THAT POWERPRODUCTION SOFTWARE ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON THE THIRD PARTY SITES.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
PowerProduction Software will investigate notices of copyright infringement and take appropriate actions under the DMCA [Digital Millennium Copyright Act], Title 17, United States Code, Section 512(c)(2) . Pursuant to DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for this site:
Service Provider: PowerProduction Software, Inc.
Full Address of Designated Agent to Which Notification Should be Sent: 15732 Los Gatos Blvd. Suite 300, Los Gatos, CA 95032
Phone Number of Designated Agent: 408 559-0808
To be effective, the Notification must include the following:
A physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Identification of the copyrighted work claimed to have been infringed
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material
Information reasonably sufficient to permit our service provider to contact the complaining party, (i.e. an address, telephone number, and, if available, an email address by which the complaining party may be contacted)
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
FEEDBACK
If you want to send us your feedback, and we hope you do, any information, feedback, questions, comments, suggestions or the like, or same such response, shall be deemed not to be confidential and PowerProduction Software will be free to reproduce, use, disclose and distribute the response to others, without limitation. You agree that PowerProduction Software shall be free to use any ideas, concepts or techniques contained in your response for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products incorporating such ideas, concepts or techniques.
TERMS OF IDEA SUBMISSION
You agree that:
Your ideas will automatically become the property of PowerProduction Software, without compensation to you
PowerProduction Software can use the ideas for any purpose and in any way, even give them to others
TRADEMARK NOTICE
PowerProduction Software's product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service marks, or trade names of PowerProduction Software, Inc. Such trademarks, service marks and trade names may be registered in the United States and internationally. The following is a list of trademarks and service marks of PowerProduction Software that may also be registered in the United States and/or internationally:
StoryBoard Quick, StoryBoard Quick Studio, StoryBoard Artist, StoryBoard Artist Studio, StoryBoard Artist Shot Assistant, StoryBoard Quick Shot Assistant, StoryBoard Quick Direct, Martini QuickShot Creator, WebBurst, WebBurst FX, CostumePro, AutoActuals, PowerPlayer, PowerProduction Software.
All other products and company names mentioned in the PowerProduction Software site may be trademarks of their respective owners.
SAMPLE TRADEMARK NOTICE
PowerProduction Software and [insert other PowerProduction Software Trademarks] are trademarks or service marks of PowerProduction Software, Inc. which may also be registered in the United States and/or internationally.
ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
PowerProduction Software actively and aggressively enforces its intellectual property rights to the fullest extent of the law. PowerProduction Software works with the Software Publishers Association to combat Software Piracy worldwide.
SOFTWARE PIRACY
In the United States and many other countries, copyright law provides for severe civil and criminal penalties for the unauthorized reproduction or distribution of copyrighted material. Copyrighted materials include, but are not limited to, computer programs and accompanying sounds, images and text. Under the US law, infringement may result in civil damages up to $100,000 and/or criminal penalties up to five years imprisonment and/or $250,000 in fines.
