VIRTUAL POSE ® SaaS COLLECTION 1 MULTI-USERS LICENSE AGREEMENT
PLEASE READ THIS Virtual Pose ® SaaS COLLECTION 1 LICENSE AGREEMENT CAREFULLY BEFORE PURCHASING:
This LICENSE AGREEMENT ("LICENSE") that is entered into between you (the "CUSTOMER") and STUDIOVIEW INTERACTIVE, LLC ("SVI") becomes effective only after receipt of payment, and shall remain valid provided that payment for each monthly recurring charge is subsequently received. CUSTOMER may terminate this LICENSE at any time by destroying all copies of Virtual Pose ® SaaS Collection 1 ("VP SaaS 1") including any documentation. This LICENSE will terminate immediately, and without notice from SVI, if CUSTOMER fails to comply with any provision contained therein. Upon termination, CUSTOMER must destroy all copies of VP SaaS 1 in CUSTOMER's possession including any documentation.
Multiple-Users License Grant: SVI grants to CUSTOMER a nonexclusive and nontransferable LICENSE to use
VP SaaS 1 thusly: (i) Projected onto TEN (10) projection screens during classroom sessions, provided that no more than TEN (10) projectors are used at any one time. (ii) installed in a single location on a hard disk or other storage device of up to TWO HUNDRED AND THIRTY SEVEN (237) computers owned or leased by CUSTOMER for which CUSTOMER has paid a LICENSE fee ("Permitted Number of Computers"); or (iii) provided VP SaaS 1 is configured for network use, installed on a single file server for use on a single local area network for either (but not both) of the following purposes: (a) Temporary installation onto a hard disk or other storage device of up to TWO HUNDRED AND THIRTY SEVEN (237) computers; or (b) use of VP SaaS 1 over such network, provided the number of computers connected to the server does not exceed TWO HUNDRED AND THIRTY SEVEN (237) computers. The total number of VP SaaS 1 copies shall therefore NOT exceed TWO HUNDRED AND THIRTY SEVEN (237) copies. CUSTOMER grants to SVI or its independent accountants the right to examine its books, records and accounts during CUSTOMER's normal business hours to verify compliance with the above provisions. In the event such audit discloses that the Permitted Number of Computers is exceeded, CUSTOMER shall promptly pay to SVI the appropriate additional prorated licensee fee for the additional computers or users. At SVI's option, SVI may terminate this LICENSE for failure to pay the required additional, prorated LICENSE fee.
EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY, IN WHOLE OR IN PART,VP Saas 1 OR DOCUMENTATION; MODIFY VP SaaS 1; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF VP SaaS 1;
OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF VP SaaS 1.
In no event does SVI warrant thatVP SaaS 1 is error free or that CUSTOMER will be able to operate the VP SaaS 1 without problems or interruptions.
DISCLAIMER. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
IN NO EVENT WILL SVI OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE VP SaaS 1 EVEN IF SVI OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall SVI's or its suppliers' liability to CUSTOMER, whether in contract, tort (including negligence), or otherwise, exceed $230. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
VP SaaS 1, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. CUSTOMER agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import VP SaaS 1.
This LICENSE shall be governed by and construed in accordance with the laws of the State of Virginia, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this LICENSE shall remain in full force and effect. This document constitutes the entire LICENSE between the parties with respect to the use of VP SaaS 1.
All contents Copyright © StudioView Interactive, LLC. All rights reserved.
VIRTUAL POSE ® FOR-SCHOOLS MULTI-USERS LICENSING:
Software-as-a-Service (SaaS) Subscription Plan
In 1998, I created Virtual Pose ® ("VP") with one principal vision in mind: to provide educational institutions with a simple, practical, and cost-effective way to offer their students life-drawing classes — whether VP is used as a supplemental source of figure-drawing models at real (i.e., "brick 'n' mortar") schools, or as the only source of models in online (i.e., "virtual") classes.
Historically, at a time when most of us were still using a dial-up modem to access the Internet, we sold new VP books and
Back then, and in order to accommodate schools and faculty, we allowed the use of VP in the classroom on the condition that every student purchase his or her NEW copy.
Eventually, and starting with the Rochester Institute of Technology's National Technical Institute for the Deaf's school of Visual Communications Studies, which has been licensing the VP2, VP3, and VP4 collections since 2005, some colleges and universities requested we offer a multi-users option as well; and so we did.
Therefore, back when VP was still in print, there were two options available to the world of academia: either each student purchase his or her NEW copy, or the educational institution acquire a multi-users license.
Today, however, and given that we NO LONGER SELL NEW physical (i.e., real) books or CD ROMS, the ONLY LEGAL OPTION remaining that we can offer academic institutions is our FOR-SCHOOLS MULTI-USERS LICENSE ("LICENSE"), which is either available as a yearly/non-recurring subscription (which serves up to 20 students and faculty) or monthly, recurring-billing Software-as-a-Service ("SaaS") subscription (which serves up to 237 students and faculty).
• The LICENSE remains in effect as long as the MONTHLY recurring charge is paid.
• Our CANCEL-ANY-TIME policy, customer care, and our free technical support makes our SaaS subscription the next logical step.
• Last but not least, we provide CONSIDERABLE DISCOUNTS: We did the math, and I'm proud to announce we are offering your school over 78% in savings on the inaugural Virtual Pose ® SaaS Collection 1 I have assembled for you for a price that can't be beat, and which has already inspired countless artists around the world to sketch, draw, and paint the human figure.
Mario Henri Chakkour, AIA
Here are the six Virtual Pose ® collections you will have immediate access to upon completing the transaction thereof. To learn more about each collection in this package deal I have put together for you, please visit each link featured below. Oh, and make sure you have popcorn ready, as you might be here a while!
For up to two hundred and thirty-seven (237) accounts, we will offer access to SIX (6) VP collections (shown below) for a monthly-recurring fee of only $230 per month, which comes to little over $1 per account, per month, for SIX COLLECTIONS. Please compare that to our VP3 collection's non-recurring, multi-users license (limited to only 20 accounts), which alone costs $0.83 per account, per month! (In fact, if these SIX collections were to be sold separately with their price adjusted for 237 accounts, you would have to pay $1,46.75 in licensing fees PER MONTH!). And the really good news is that once you sign on to this deal, YOUR PRICE NEVER GOES UP. So, hurry, and start your Virtual Pose ® SaaS 1 subscription TODAY!