End User License Agreement


End User License Agreement

Last updated August 8, 2018

 

This License (“License”) contains provisions that apply to all software (the “Client Software”) published by Cast & Crew Production Software, LLC dba Final Draft (“Final Draft”, “we”, “us” or “our”) except for any software or apps you download through an interface that includes a different end user license agreement (e.g., the Mac App Store, the iTunes App Store, etc.). If you do not agree with this License and the Terms of Service at https://www.finaldraft.com/company/legal/terms-of-service (the “Terms”), do not download, install, copy or use the Client Software.  The Terms are incorporated as part of this License.

Our right to change this License is described in the Terms.

YOUR LICENSE TO USE THE CLIENT SOFTWARE
You may use the Client Software strictly in accordance with this License and the Terms. We reserve the right to update the Client Software from our systems at and in our sole discretion. Once installed, you may copy the installer files of the Client Software solely for backup purposes where backup is limited to archiving for restoration purposes. You must not delete the copyright notices on the backup copy.  Final Draft grants you a non-exclusive, non-transferable, non-sublicensable, limited license, revocable at any time at our sole discretion, to download, install and use the Client Software on your computer and other devices, in accordance to the type of license you have purchased or obtained.

Except for the rights explicitly granted in this License, Final Draft retains all right, title and interest (including all intellectual property rights) in the Client Software and user documentation, including the copies of the Client Software on your devices. Final Draft may use third-party software that is subject to open source or third-party license terms. You are subject to those terms. The license you have purchased is indicated on your order form, invoice or similar document. Different licenses have different restrictions on the number of permitted simultaneous users and the number of computers the Client Software may be loaded onto. User documentation will be available on the Final Draft website.

The foregoing notwithstanding, Final Draft retains ownership of all intellectual property rights in and to the Client Software, including copies, improvements, enhancements, derivative works and modifications thereof. Your rights to use the Client Software are limited to those expressly granted by this License.  No other rights with respect to the Client Software or any related intellectual property rights are granted or implied.

  1. YOUR RESPONSIBILITY TO PROTECT YOUR CONTENT
    You are solely responsible for maintaining appropriate security measures, including using additional encryption technology to protect your content from unauthorized access and disclosure, and for keeping backup copies of all content. Final Draft has no responsibility or liability for deletion, corruption or other damage to or loss of content.
  2. SOFTWARE PIRACY
    Final Draft considers software piracy a crime and will use all legal means to prevent piracy of the Client Software.  Please refer to our Software Piracy Policy (the “Piracy Policy”) (www.finaldraft.com/company/legal/software-piracy) which is incorporated into and part of this License, for more information.
  3. ACCEPTABLE USE

You may not (yourself or through a third-party):

(a)    use the Client Software to harm, threaten, or harass anyone (including Final Draft and its employees, officers and directors);

(b)    use the Client Software or the non-public information you gain from using the Client Software to create similar services;

(c)    modify, alter, tamper with, repair or otherwise create derivative works of any software or reverse engineer, disassemble, decompile, discover or recreate the software (including source code) used to provide or access the Client Software, except and only to the extent that the applicable law expressly requires us to permit you to do so;

(d)    use any automated process (e.g., a bot) with the Client Software;

(e)    use the Client Software in any manner or for any purpose other than as expressly permitted by the Terms, the License and the information available on our websites;

(f)    sell, lend, rent, lease, sublicense, assign or otherwise transfer any of the rights granted to you with respect to the Client Software to any third-party;

(g)    remove, obscure or alter any proprietary rights notice pertaining to the Client Software, including notices on any software, apps, and documentation;

(h)    access or use the Client Software in a way intended to avoid incurring fees or exceeding usage limits or quotas;

(i)    use the Client Software in connection with anything misleading or illegal or post anything that is unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable or that encourages criminal conduct;

(j)    attempt to access other accounts, computer systems or networks not covered by the Terms, through password mining or any other means;

(k)    violate the Piracy Policy; or

(l)    share passwords or other access information or devices or otherwise authorize any third-party to access or use the Client Software.

  1. INFRINGEMENT

You and Final Draft acknowledge and agree that, in the event of a third-party claim that the Client Software, or your possession or use thereof, infringes any third-party’s intellectual property rights, you (and not Final Draft) will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement.