skiNNer is an AI based weight painting for 3D models, replacing hours of work so you can do other, more enjoyable things in the 3D animation pipeline.
The skiNNer AI is still learning! If you would like to use this early version of Artimatic skiNNer, please sign up for the beta tests by emailing us at Team@Artimatic.io
By using skiNNer, you agree to the
THIS END-USER SOFTWARE LICENSE AGREEMENT (THE “AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR SINGLE ENTITY) (HEREAFTER REFERRED TO AS “LICENSEE”) AND ARTIMATIC TECHNOLOGIES, INC., A GEORGIA CORPORATION (HEREAFTER REFERRED TO AS “LICENSOR”) FOR THOSE SOFTWARE COMPONENTS BEING PROVIDED TO LICENSEE CONCURRENTLY WITH LICENSEE’S ACKNOWLEDGEMENT OF THIS AGREEMENT (THE “SOFTWARE”).
BY CLICKING THE “I ACCEPT” BUTTON, ACCESSING, RUNNING, OR OTHERWISE USING THE SOFTWARE OR SERVICES, LICENSEE AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT AND DOES NOT CLICK THE “I ACCEPT” BUTTON, LICENSEE IS NOT AUTHORIZED TO ACCESS OR USE THE SOFTWARE OR RECEIVE THE SERVICES AND SHOULD IMMEDIATELY DISCONTINUE USE OF THE SOFTWARE AND DELETE AND/OR DESTROY ANY MATERIALS OR DOCUMENTATION PROVIDED BY LICENSOR TO LICENSEE CONCERNING THE SOFTWARE.
SOFTWARE LICENSE
The Software and any written, audio, visual and graphical content provided through the use of the Software or the Services (collectively the “Materials”) is protected by copyright laws and international copyright treaties as well as other intellectual property laws and treaties, and unless otherwise expressly state herein, is owned exclusively by Licensor. The Software is licensed, not sold.
1. Grant of License
Licensor hereby grants Licensee during the Term (as defined below) a nonexclusive, nonsublicensable, nontransferable license, for the number of users ordered by Licensee, to access and use the Software in machine-readable, object code form according to the terms and conditions herein. Licensee acknowledges that the Software may be provided as software-as-a-service, in such cases, Licensor has no delivery obligations and will not ship copies of the Software to Licensee as a part of its services. If the Software is being provided on an installed basis, Licensee agrees to cooperate with Licensor to install the Software and to promptly install any modifications or updates to the Software provided by Licensor during the Term. Except for the license granted expressly herein, no right, title, or interest in the Software is transferred to Licensor by this Agreement.
2. Rights and Limitations
(a) Licensor acknowledges that it is being provided access to the Software as part of a beta test of the Software and that the Software is not in its final commercial form. This beta test is being made available on an invitation basis only. Licensor agrees to solely use the Software for Licensor’s internal business use and will not provide access to the Software to anyone other than its employees, contractors or consultants under written contract agreeing to be bound by terms at least as protective as this Agreement. Licensee shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Software or the Materials in any way; (ii) make copies, modify or make derivative works based upon the Software or the Materials; (iii) reverse engineer, decompile, disassemble, or reconfigure the Software; (iv) access the Software or Materials in order to build a competitive product or service; (v) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vi) interfere with or disrupt the integrity or performance of the Software or the data contained therein; or (vii) attempt to gain unauthorized access to the Software or its related systems or networks.
(b) Licensee may not use the Software outside of, or access the Software from outside, the country in which it was purchased, without the prior written consent of Licensor. Licensee is responsible for all activity occurring under Licensee’s user accounts and shall comply with all applicable U.S. laws and regulations in connection with Licensee’s use of the Software, including but not limited to privacy laws and export control laws and regulations. Licensee shall: (i) notify Licensor immediately upon becoming aware of any unauthorized use of any password or account or any other known or suspected breach of security with respect to the Software; (ii) report to Licensor immediately and use reasonable efforts to stop immediately any copying or distribution or misuse of Materials or the Software that becomes known or suspected by Licensee or Licensee’s users; and (iii) not impersonate another Licensor user or provide false identity information to gain access to or use the Service.
(c) Licensee , not Licensor, shall have sole responsibility for the accuracy, quality, integrity, legality, and intellectual property ownership or right to use all data, information or material that Licensee or Licensee’s users may disclose or submit to Licensor orthe Software in the course of using the Software or receiving the Services (“Licensee Data”), and Licensor shall not be responsible or liable for the deletion, correction, destruction, damage, or loss of Licensee Data not caused by Licensor and/or the Software. Licensor’s use of Licensee Data shall be limited to the purpose of providing the Software and/or the Services to the Licensee and for Licensor to meet its obligations hereunder.
Licensor shall appoint one or more direct contacts to reasonably assist Licensee with execution of workflow adjustments, support and/or troubleshooting purposes. Licensee agrees to identify a primary point of contact to interface with Licensor on integration, maintenance and support issues. Licensee agree that this primary point of contact will be made available to have bi-weekly calls during the Term, and to participate monthly in a review discussion with other beta users concerning the Software.
4. Payments
The Software is being provided to Licensee for no additional charge over and above those fees already being paid by Licensee for other software products offered by Licensor. Licensee agrees to pay any sales, value-added or other similar taxes imposed by applicable law for the right to access the Software and otherwise associated with the Service.
5. Maintenance; Updates.
Licensor may from time-to-time, and in its exclusive discretion, update the Software in order to, among other things, correct errors or bugs, improve the performance of the Software Product or increase the functionality of the Software. Licensee acknowledges that such updates may change or modify certain functions or features of the Software. Licensor shall not be liable to Licensee for any specific changes to the features or functionality of the Software and Licensee’s exclusive recourse if it is not satisfied with any update or improvement is to stop using the Software. Licensor may, at its option, provide such updates to Licensor at no charge or require the payment of a license fee to access and use the updated software. Nothing herein shall obligate Licensor to provide any maintenance or support for the Software and nothing herein shall be interpreted as granting Licensee a right to receive any specific upgrades, patches, enhancements, bug fixes, new versions or new releases of the Software.
6. Intellectual Property
(a) Licensee acknowledges and agrees that the Software is being licensed to Licensee, not sold, and that other than the limited license granted herein, Licensee shall have no right, title or interest in or to the Software. As between Licensor and Licensee, all title, intellectual property rights, including without limitation, any patent and copyrights in and to the Software (including but not limited to source code, images, renderings, icons, animations, one lines, database structure, monitoring parameters, device drivers, audio, and “applets” and “widgets” incorporated into the Software Product) the Materials and all tangible work product developed in the performance of the Services, is owned by and remains with Licensor. Licensee shall be entitled to keep copies of any Materials provided to Licensee by Licensor in connection with the performance of the Services that are in the possession of Licensee at the time of the termination of this Agreement, however, Licensee shall not be entitled to modify or use such Materials to provide services, whether internally or externally, similar to the Services provided by Licensor. The Software and Materials is protected by copyright laws and international treaty provisions. Licensee may not make any use of the Software or Materials not expressly authorized herein.
(b) Licensee agrees that any suggestions, comments, feedback, ideas, or suggested modifications Licensee provides Licensor concerning the Software (collectively “Feedback”) including without limitation user discussion input, usability reports, bug reports and test results shall exclusively belong to Licensor. Licensee hereby assigns and transfers over to Licensor any rights, title or interest Licensee has or is deemed to acquire in the Feedback.
7. Warranty/Limitation of Liability.
(a) Disclaimer. LICENSEE ACKNOWLEDGES AND AGREES THAT THE SOFTWARE IS BEING PROVIDED AS PART OF A BETA-TEST AND THAT THE SOFTWARE IS NOT IN ITS FINAL COMMERCIAL FORM. THE SOFTWARE, MATERIAL, SERVICES AND ANY UPDATES OR IMPROVEMENTS TO THE SOFTWARE PROVIDED BY LICENSOR TO LICENSEE ARE PROVIDED"AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED BY LICENSOR TO THE EXTENT ALLOWED BY APPLICABLE LAW. NO WARRANTY IS MADE REGARDING THE RESULTS OF THE SOFTWARE OR SERVICE OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY OR SERVICES WILL MEET LICENSEE’S REQUIREMENTS. NO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE OF LICENSOR IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS DISCLAIMER OF WARRANTY.
(b) Limitation of Liability. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE DAMAGES ARISING OUT OF THIS AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE OR THE USE OR INABILITY TO USE THE RESULTS OF THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DAMAGES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING ACTIVE OR PASSIVE NEGLIGENCE), BREACH OF WARRANTY, CLAIMS BY THIRD PARTIES OR OTHERWISE, EXCEED THE LICENSE FEE PAID BY CUSTOMER FOR THE SOFTWARE.
THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED REMEDY OR LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE.
(c) Authority. Licensee hereby represents and warrants that it has the full power and authority to accept the terms of this Agreement on behalf of Licensee and that Licensee agrees to be bound by the terms of this Agreement.
8. Termination
This Agreement shall commence upon Licensee’s agreement to the terms by clicking “I ACCEPT” (the “Effective Date”) and shall continue in effect, unless earlier terminated as provided herein, upon the earlier to occur of three (3) months from the Effective Date or the commercial release of the Software to the general public by Licensor. Either party may terminate this agreement for any reason by providing thirty (30) days advance written notice to the other party. Without prejudice to any other rights, Licensor may terminate this agreement, effective immediately, if Licensee violates its confidentiality obligations (as set forth below) or otherwise fails to comply with the terms and conditions herein. In the event of termination of its rights under the Agreement, Licensee must immediately cease using the Software.
9. Confidentiality
Licensee shall use its commercially reasonable efforts (but in no case less than the efforts used to protect its own proprietary information of a similar nature) to protect all proprietary, confidential, and/or non-public information pertaining to or in any way connected to the Software, the Licensor's financial, and/or other business affairs (the "Confidential Information"). Licensee shall not disclose or publicize the Confidential Information without the Licensor’s prior written consent. Licensee shall use its reasonable efforts (but in no case less than the efforts used to protect its own proprietary information of a similar nature) not to disclose and not to use the Confidential Information for its own benefit or for the benefit of any other person, third-party, firm or corporation in a manner inconsistent with the purpose of this Agreement. The terms of confidentiality and non-disclosure contained herein shall expire five (5) years from the date of the termination of this Agreement. Confidential Information shall not include information which was: (i) generally available to the public at the time of disclosure, or later available to the public other than through fault of Licensee; (ii) already known to Licensee prior to disclosure pursuant to this Agreement; or (iii) obtained at any time lawfully from a third-party under circumstances permitting its use or disclosure to others. Notwithstanding the foregoing, Licensor may disclose Confidential Information as required by applicable law or by proper legal or governmental authority. Licensor will give Company prompt notice of any such legal or governmental demand and reasonably cooperate with Company in any effort to seek a protective order or otherwise to contest such required disclosure, at Company’s expense.
Without limiting the generality of the foregoing, Licensee agrees that access to the Software is being provided on a limited basis during the beta-test period and that all information concerning the functions, features and operation of the Software are considered to be the Confidential Information of Licensor. Licensee agrees not to discuss the Software with any other non-beta users of the Software, and shall in no event publicly disclose or comment on the Software hereunder. The violation of this provision may result in the immediate termination of this Agreement and the immediate revocation of Licensee’s right to continue to access the Software.
10. Miscellaneous.
(a) Notices. Notice, demand, or other communication mandated to be given by this Agreement by either party to the other shall be sufficiently given or delivered if it is sent by registered or certified mail, postage prepaid, return receipt requested or delivered personally. Unless Licensor is otherwise notified in writing, Licensee’s address for notice purposes shall be Licensee’s address provided to Licensor in registering to access the Software.
(b) Acknowledgement. Accessing or using the Software constitutes acceptance of this Agreement in its entirety. Licensee will confirm this acceptance when Licensee presses the “I Accept” button (or equivalent) in the terms and conditions dialog presented by the Software or associated website during ordering or installation, or, if Licensee has contracted Licensor or an authorized third party to install the software, by that party’s selection of the Accept button. This Agreement sets forth the entire agreement of the parties with relation to the Software and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to the subject matter hereof. Neither party has relied upon any such prior or contemporaneous communications.
(c) Independent Contractors. The parties are independent contractors and will so represent themselves in all regards. Neither party is the agent of the other and neither may bind the other in any way.
(d) No Waiver. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any prior or subsequent breach of this Agreement.
(e) Force Majeure. To the extent caused by force majeure, no delay, failure, or default will constitute a breach of this Agreement.
(f) Assignment & Successors. Licensee may not assign this Agreement or transfer any of its rights or obligations hereunder without Licensor’s express written consent. Any attempted assignment in violation of this provision shall be voidab initio. Except to the extent forbidden in the previous sentence, this Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties.
(g) Choice of Law & Jurisdiction. This Agreement will be governed solely by the internal laws of the State of North Carolina, without reference to such State’s principles of conflicts of law. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of Georgia. This Agreement shall not be governed by the 1980 U.N. Convention on Contracts for the Sale of Goods.
(h) Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.