DF Plug-in Use Policy

By agreeing to the terms and conditions below this Agreement allows free use of a plug –in software based on open source「Alembic※」that Digital Frontier (hereinafter referred as “DF”) and Hideki Suzuki co-developed (hereinafter referred as “DF plug-in”). Downloading the DF plug-in shall be deemed that the user agrees to all the terms of this Agreement. If the user cannot agree to the terms, please do not download the DF plug-in.

※「Alembic」：A file format that Sony Pictures Imageworks and Industrial Light & Magic (hereinafter referred as “ILM”) co-developed (shared format that connects between two different software )

Industrial Light & Magic, ILM and the Bulb and Gear design logo are all registered trademarks or service marks of Lucasfilm Ltd.

1. Terms of Use

DF plug-in is designed to allow certain data such as modeling data to work between 3DCG software “3dsMAX” and “MAYA.” The DF plug-in is developed based on “Alembic” and distributed with the approval of the “Alembic” copyright holders on condition of compliance with and approval by the user of the terms in this Agreement.

2. Copyright and other Ownership

Notwithstanding the foregoing, all intellectual property rights related to copyright, patent and trademark of the DF plug-in, including the right to register such rights, belong to Hideki Suzuki (except portions of “Alembic” and all third party components in the DF plug-in). DF is vested by Hideki Suzuki with the exclusive rights of representation for release, grant of use or license and all other operations and management of DF plug-in. The user shall not acquire any rights with respect to the DF plug-in.

3. Distribution Terms

Under no circumstances shall the user sell or distribute the DF plug-in on the internet. The user shall not record or publish on magazines, books, and etc, about the DF plug-in without prior permission of DF.

4. Prohibited Acts

Users shall not do the following acts:

1) To create derivative works of the DF plug-in including to modify or change the DF plug-in (except personal use at work (company, government office, etc.) and use in seminars, conferencesor demonstrations).

2) Acts of advertisement or duplication with such advertisements of the DF plug-in in association with Article 4-1 against the third party.

3) Acts to take apart and perform analyses on the DF plug-in such as reverse engineering, disassembly and reverse compilation of all or part of the DF plug-in.

4) To alter or remove all or part of the DF plug-in including words on this Agreement and other accompanying documents.

5. DF plug-in Support

DF will not provide updated versions, support installation procedures and operations and take measures or support on failure or defects discovered in the DF plug-in. However, DF may provide an updated version of the DF plug-in and deliver information on such updated versions to users. In such cases, this Agreement shall also apply to the updated version.

6. DF plug-in Guarantee

1) This Agreement does not guarantee integrity and reliability of proper operation of the DF plug-in. Even if a user meets the conditions required to operate, DF does not guarantee that the DF plug-in will operate on the user’s environments. In any case, DF will not be liable for any damages if the DF plug-in does not operate or causes defects in users’ device.

2) THE DF PLUG-IN IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS INCLUDING HIDEKI SUZUKI AND “DF” (HEREINAFTRER COLLECTIVELY REFERRED AS “HOLDERS”) "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE HOLDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE DF PLUG-IN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

3) DF plug-in (including Alembic) is distributed with components of other third party (Boost, MurmurHash3, CryptLib＋＋and components of others, hereinafter collectively referred to as “Open Source Components”). The following disclaimer regarding Open Source Components made by ILM on behalf of third party will also apply in this Agreement.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE OPEN SOURCE COMPONENTS ARE PROVIDED BY THE COPYRIGHT HOLDERS, CONTRIBUTORS, LICENSORS, ILM AND/OR ITS AFFILIATE (HEREINAFTER COLLECTIVELY REFERRED AS “LICENSORS”) "AS IS" AND ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER ORAL OR WRITTEN, WHETHER EXPRESS, IMPLIED, OR ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, OR TRADE USAGE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE DISCLAIMED. IN NO EVENT WILL THE LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE OPEN SOURCE COMPONENTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

7. Compensation for Damages

If a user violates the provisions of this Agreement, the user will be responsible for any and all damages suffered by DF thereby (including consequential damages, lost profits and special damages, etc.)

8. Changes in Terms

Without any prior notice, DF has the right to make changes to the terms on this Agreement at anytime. Regarding the changes in this Agreement, once the changes become public users will be deemed to have accepted the changes.

9. Governing law and Competent court

This Agreement shall be governed by the Laws of Japan. The user hereby consents to the exclusive jurisdiction of the courts in Tokyo district only.

10. Others

1) DF may change the specification and manual of the DF plug-in without prior notice.

2) DF may close any release and operation on the DF plug-in without prior notice.