End User License Agreement
This End User License Agreement ("Agreement") is a legal contract between you ("you" or "Licensee") and Octo Creative Technology LLC ("OctoRig," "we," "us," or "our"). It governs your use of the OctoRig desktop application, the firmware that runs on OctoRig controllers, and any related software, updates, and documentation (together, the "Software"). By downloading, installing, or using the Software, you agree to this Agreement. If you do not agree, do not use the Software.
1. License Grant
Subject to your compliance with this Agreement, OctoRig grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Software for your own personal or internal business purposes, solely to operate OctoRig controller hardware. This is a license, not a sale; OctoRig retains all ownership of the Software.
2. Restrictions
Except to the limited extent expressly permitted by applicable law that cannot be waived by contract, you agree that you will not, and will not permit anyone else to:
- Reverse engineer, decompile, disassemble, decrypt, extract, or otherwise attempt to derive the source code, firmware images, algorithms, or underlying structure of the Software;
- Copy, reproduce, distribute, publish, sell, rent, lease, sublicense, or otherwise make the Software available to any third party;
- Modify, adapt, translate, or create derivative works based on the Software or firmware;
- Extract, dump, clone, or re-flash the firmware from a controller onto other hardware, or produce competing or compatible hardware or firmware using the Software;
- Remove, alter, or obscure any proprietary notices, labels, or identifiers in the Software or hardware;
- Circumvent, disable, or interfere with any security, licensing, authentication, or access-control features;
- Use the Software to develop a product or service that competes with OctoRig, or to build a substantially similar product; or
- Use the Software in violation of any applicable law or regulation.
3. Ownership & Intellectual Property
The Software, firmware, hardware designs, effects, user-interface, trademarks, logos, and all related intellectual property are and remain the exclusive property of OctoRig and its licensors, protected by copyright and other laws. All rights not expressly granted to you are reserved. You receive no ownership rights in the Software.
4. Your Content
You retain ownership of the light shows and creative content you make. By choosing to publish or share content through the Services, you grant OctoRig a non-exclusive, worldwide, royalty-free license to host, store, display, and distribute that content solely to operate and promote the Services. You are responsible for ensuring you have the rights to any third-party material (such as music) you use with the Software.
5. Firmware & Updates
Firmware embedded in or provided for OctoRig controllers is licensed, not sold, under this Agreement. We may provide updates, patches, or new versions of the Software from time to time. Updates are covered by this Agreement unless accompanied by separate terms. You are responsible for installing updates needed for security and compatibility.
6. Early-Access / Beta Notice
OctoRig is a new, actively developed product. The Software may contain bugs, errors, or incomplete features and is provided on an evolving basis. Features may change or be removed. You use early-access functionality at your own risk.
7. Termination
This Agreement is effective until terminated. It terminates automatically if you breach any of its terms. Upon termination you must stop using and delete all copies of the Software. Sections that by their nature should survive (including ownership, restrictions, disclaimers, and limitation of liability) survive termination.
8. Disclaimer of Warranties
The Software is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. OctoRig does not warrant that the Software will be uninterrupted, error-free, secure, or that defects will be corrected. You assume the entire risk of using the Software.
9. Limitation of Liability
To the maximum extent permitted by law, OctoRig and its owners, members, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, or property damage, arising out of or related to the Software or this Agreement, even if advised of the possibility. OctoRig's total aggregate liability for any claim will not exceed the amount you paid for the Software or the associated hardware in the twelve (12) months before the claim, or fifty US dollars ($50), whichever is greater.
Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you.
10. Indemnification
You agree to indemnify and hold harmless OctoRig from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your misuse of the Software or violation of this Agreement.
11. Governing Law
This Agreement is governed by the laws of the State of [STATE], United States, without regard to its conflict-of-laws rules. You agree to the exclusive jurisdiction of the state and federal courts located in [COUNTY/STATE] for any dispute not subject to arbitration or small-claims proceedings.
12. Entire Agreement & Changes
This Agreement, together with our Privacy Policy, is the entire agreement between you and OctoRig regarding the Software and supersedes any prior agreements. We may update this Agreement; the updated version will be posted here with a new date, and continued use of the Software constitutes acceptance.
13. Contact
Questions about this Agreement? Email Support@octorig.com.