Cavalry End User License Agreement (EULA)

By installing, reproducing or otherwise using the software, the user enters into this license agreement with Scene Group Limited. This license agreement governs the user‘s use of the Scene Group software, associated media and Internet-based services. The use of the software without the conclusion of this license agreement is an infringement of copyright.

1. Object of Agreement
   1. Scene Group supplies the software to the user by making the software available for download on the Internet. The user can install and use the software on a computer. The software runs on the local machine and is not a cloud or web-based service.
   2. In order to use the software, the user must register with Scene Group and from time to time connect to the Internet in order to verify the licensing of the software.
2. General Terms and Conditions
   1. The registration of the software and the right of use are bound to the user and cannot be transferred or sublicensed to third parties without Scene Group‘s consent.
   2. The Software may be installed on more than one computer but the user may not use the software simultaneously on different computers.
   3. The user is only entitled to copy, rework, decompile, distribute and reproduce the software if this is expressly permitted by law. Other uses and exploitations of the software are not permitted to the user. In particular, the user may not transfer, sub-license, make publicly accessible, rent or otherwise enable third parties to use the software.
   4. The user‘s right of use ends with the end of the term of the license agreement as soon as Scene Group or the user terminates this license agreement for good cause. The user must then cease all use of the software immediately and completely and delete or destroy all copies. Already paid license fees will not be refunded.
   5. This EULA will be governed by and construed in accordance with the laws of England and Wales; and the courts of England will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA.
3. Licence
   1. The user receives the time-limited, remunerated, non-exclusive, non-transferable and non-sub-licensable right to install and use the software. In addition, the user may not use the software simultaneously on different devices and may not allow a third party to use the software. The license may not be transferred to another user.
   2. The granting of the right of use is subject to the condition that the user pays the license fees due.
   3. The user may use any version available to the subscriber but not concurrently. Scene Group reserves the right to retire versions that are older than 36 months.
4. Updates and Upgrades
   1. Scene Group may, at its sole discretion, develop and provide to the user updates of the software for the purpose of remedying defects and/or improving functionality as well as upgrades with extended functionality. A user may see a version increase from 1.0.0 to 1.0.1 for updates or from 1.0 to 1.1 or 1.0 to 2.0 for upgrades.
   2. The user is only entitled to use an update and/or upgrade if the user has the right to use the software. An update or upgrade does not give the user any additional or extended rights of use to the licensed software.
   3. If Scene Group provides the user with an update to ensure the contractual use of the software, the user must install the update to continue to use the software in accordance with the contract. Scene Group is not responsible for defects and damages caused by the user not installing the update. The user only has a claim against Scene Group for the provision of updates and upgrades if the parties agree to this in writing.
5. Warranties
   1. The licensee accepts that this software is provided “as is”, without warranty of any kind, express or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose and non-infringement of copyright, patent, trademark, or other right. In no event shall the Licensor be liable for any claim, damages or other liability, including any general, special, indirect, incidental, or consequential damages, whether in an action of contract, tort or otherwise, arising from, out of the use or inability to use the software or from other dealings in the software.
   2. The Licensee acknowledges that:
      1. the Software may not be error-free and that non-material errors in the software will not constitute a breach of this EULA;
      2. the Software has not been developed to meet the specific requirements of the Licensee, and accordingly the Licensee will be responsible for ensuring that the Software is suitable to meet the Licensee’s requirements.
6. Limitations and exclusions of liability
   1. Nothing in the EULA will:
      1. limit or exclude the liability of a party for death or personal injury resulting from negligence;
      2. limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;
      3. limit any liability of a party in any way that is not permitted under applicable law; or
      4. exclude any liability of a party that may not be excluded under applicable law, and, if you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the EULA.
   2. The Licensor will not be liable to the Licensee for any losses arising out of a Force Majeure Event.
   3. The Licensor will not be liable to the Licensee in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
   4. The Licensor will not be liable to the Licensee in respect of any loss or corruption of any data, database or software.
   5. The Licensor will not be liable to the Licensee in respect of any special, indirect or consequential loss or damage.
   6. The Licensor’s aggregate liability to the Licensee will not exceed the total amount paid for the License(s) by the Licensee.
7. Data Protection
   1. Scene Group complies with the applicable legal provisions when processing personal data. Information on Scene Group‘s data protection policies are available on the Internet at: https://cavalry.scenegroup.co/privacy-policy
   2. The user can activate and deactivate functions that share anonymised data while using the software. Activating these functions causes the software to automatically send software and hardware information to Scene Group from time to time via the existing network connection. Both the “Send Anonymised Analytics” and “Send Anonymised Crash Reports” functions include, but are not limited to, the version and language settings of the software, system information about the hardware and data about the use, configuration and problems encountered with the software. The contents and files created and processed by the user as well as personal data (name, email or address) are not sent to Scene Group with these functions. Scene Group processes and uses the information sent for statistical purposes and to improve its products and services and does not pass it on to third parties or use it for other purposes. Scene Group does not link the information sent to personal data and does not use it to identify the user or create user profiles.
8. Third Party Acknowledgements.
   1. Portions of the Scene Group software utilize or include third party software and other copyrighted material. Your use of such material is governed by their respective terms.
   2. Certain software libraries and other third party software included with the Scene Group Software are free software and licensed under the terms of the Lesser General Public License (LGPL). The LGPL software is distributed for its specific uses but without any warranty. A copy of the LGPL is included with the Scene Group Software.
   3. The Scene Group software uses libraries from the FFmpeg project under the LGPLv2.1.
   4. The Scene Group software uses libraries from the Qt project under the LGPLv3.

   5. To the extent that the Scene Group Software contains AVC and HEVC encoding and/or decoding functionality, commercial use of H.263, H.264 (AVC) and H.265 (HEVC) requires additional licensing and the following provision applies:

      THE AVC AND/OR HEVC FUNCTIONALITY IN THIS PRODUCT IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE STANDARDS AND/OR (ii) DECODE VIDEO THAT WAS ENCODED BY A CONSUMER

      ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP:// WWW.MPEGLA.COM.

   6. Use of MPEG-4.

      The Scene Group Software is licensed under the MPEG-4 Systems Patent Portfolio License for encoding in compliance with the MPEG-4 Systems Standard, except that an additional license and payment of royalties are necessary for encoding in connection with (i) data stored or replicated in physical media which is paid for on a title by title basis and/or (ii) data which is paid for on a title by title basis and is transmitted to an end user for permanent storage and/or use. Such additional license may be obtained from MPEG LA, LLC. See http://www.mpegla.com for additional details.

      This Scene Group Software is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and non-commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard ("MPEG-4 Video") and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any other use. Additional information including that relating to promotional, internal and commercial uses and licensing may be obtained from MPEG LA, LLC.See http://www.mpegla.com.

9. Breach of Copyright
   1. If the user violates this license agreement, uses the software without the required rights of use or otherwise violates Scene Group‘s intellectual property rights, the right of use granted in this license agreement shall immediately become invalid and Scene Group may terminate this license agreement without notice. The user must then cease all use of the software immediately and completely and delete or destroy all copies. Scene Group’s other rights, claims and measures against the user remain reserved.
   2. The software contains protective functions against unauthorized use, for the administration of rights and in order to prevent the user from using the software in a way that violates this license agreement. The protective functions collect data about the registration of the software, the system and the network in which the software is installed and used, as well as about the time and number of uses. This data is transmitted to Scene Group via network connections and the Internet. Scene Group processes the data to fulfill this license agreement and to protect the software from unauthorized use. The user may not remove or circumvent the protective functions and may not use the software without the protective functions.
10. General Terms
    1. If any provision of this License Agreement is held to be invalid, unenforceable, or incomplete, the remainder of this License Agreement shall continue in full force and effect. The invalid or unenforceable provision or the filling of the gap shall be replaced by the statutory provisions.