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Terms of Use:

This Service Agreement ("Agreement") is between ResPower, Inc. ("ResPower"), and user of the Service. This Agreement governs the terms and conditions of use of the Service provided by ResPower to user, and any software, devices, equipment, or connection, used in conjunction with the Service. By activating the Service, and clicking "Subscribe," you acknowledge that you have read, understood, and agreed to each and every term of this Agreement, including, but not limited to, the use of the Service and the Service provided. Further, you represent that you are of legal age to enter into this Agreement and be bound by its terms. If you do not agree to all of the terms and conditions, without condition, you will not be able to access or use the Service.
1. Definitions

1.1 Blender Software shall mean that open source software for 3D modeling, animation, rendering, post-production, interactive creation, and playback, available for all major operating systems under the GNU Public License.
1.2 3dsmax shall mean that software for 3D modeling, animation, rendering, post-production, interactive creation, and playback, available from AutoDesk.
1.3 Maya shall mean that software for 3D modeling, animation, rendering, post-production, interactive creation, and playback, available from AutoDesk.
1.4 LightWave shall mean that software for 3D modeling, animation, rendering, post-production, interactive creation, and playback, available from NewTek.
1.5 Vue shall mean that software for 3D modeling, animation, rendering, post-production, interactive creation, and playback, available from e-on Software.
1.6 brazil R/S shall mean that software for 3D rendering available from Splutterfish.
1.7 finalRender Stage-1 shall mean that software for 3D rendering available from TurboSquid.
1.8 V-Ray shall mean that software for 3D rendering available from ChaosGroup.
1.9 You, as the user, may be referred to in this Agreement as "you," "user," or "subscriber."
1.10 Service shall mean internet-based rendering services provided by ResPower under this Agreement.
1.11 Supported Render Engines shall mean the following render engines:

* 3dsmax Scanline
* Blender
* Brazil r/s
* finalRender Stage-1
* LightWave
* Maya Software
* Maya Vector
* Vue

Supported Render Engines excludes mental ray in any form, whether for 3dsmax, Maya, or any other package.

2. License

2.1 Subject to the terms, conditions, and limitations of this Agreement, ResPower grants to user PERSONAL, non-exclusive, and non-transferable access to and use of the Service for the Term specified below. This Service is to be used ONLY by individuals or individual businesses. A Plan is not to be used by multiple individuals, unless those individuals operate within the same business, or partnership. In the event that the individuals operate within the same business or partnership, there shall still be no more than 3 individuals using the Plan. Each and every individual who accesses or uses this Service must either (a) be subscribed to a Plan, and must have Pre-Paid for such subscription according to the payment terms in Section 3, or (b) be employed by a business that is subscribed to a Plan, which has been Pre-Paid according to the payment terms in Section 3. If the individual is accessing the Service under the subscription of an employer, such access must be done in the service of that employer. At no time shall an employer allow employees to use a subscription for personal use. User shall permit ResPower, at any time, to verify that use of the Service is within the terms of this Agreement.
2.2 This Service may be used in conjunction with Blender Software, which is subject to a General Public License. User assumes all responsibility for acquiring and complying with such or any other intellectual property licenses, included but not limited to, applications, programs, or tools required to use Blender Software or any rights granted by this Agreement. Because ResPower is not modifying, copying, or distributing Blender Software, and because ResPower's sole use of Blender Software is through running the Blender Software, the parties agree that the General Public License, and any limitation contained therein, is inapplicable to ResPower.
2.3 This Service may be used in conjunction with Supported Render Engines other than Blender, which is subject to license. User assumes all responsibility for acquiring and complying with such or any other intellectual property licenses, included but not limited to, applications, programs, or tools required to use Supported Render Engines or any rights granted by this Agreement.

3. Plans and Fees

3.1 In consideration of the License granted pursuant to Section 2, user shall pay ResPower a Fee. A Fee for use of the Service will be charged once, and will vary depending on the Plan to which user has subscribed, as described in Section 3.2. The particular Fee for each Plan available to user is posted on ResPower's website.
3.2 The Plans available include Super/Unlimited. The Service will be limited to a certain number of minutes per frame, and processed at varying priorities based on user's Plan. Super/Unlimited Plan will render at one hundred twenty (120) minutes per frame and carry a lesser priority than Services provided to third parties not covered under this Agreement.
3.3 All Fees due under the Agreement shall be payable in advance of the month of Service ("Pre-Paid"). A debit card, credit card, or other account, as may be approved and accepted by ResPower, is required and will be billed prior to performing any work under the Plan.
3.4 If, after any Fee is charged to user's debit card, credit card, or other account, the charge is declined, ResPower may lock user's account such that user may not access the Service. A five ($5.00) dollar re-activation fee will be charged to user, which user must pay in addition to any outstanding monthly Fees, before user may resume using the Service.
3.5 ResPower may change the Fees for Service and any Plan from time to time. ResPower may decrease Fees without providing any advance notice. Increases to Fees for Service or any Plan are effective fifteen(15) days after notice of change to user, either by posting said changes on ResPower's website, or by electronic mail directed to the e-mail address user provided ResPower when user signed up for Service, or to user's current e-mail address if user has notified ResPower in writing that user's e-mail address has changed. Increases to charges that recover costs associated with government programs are effective three (3) days after notice of change to user, either by posting changes on ResPower's website, or by electronic mail directed to the e-mail address user provided ResPower when user signed up for Service, or to user's current e-mail address if user has notified ResPower in writing that user's e-mail address has changed.

4. Term

4.1 This Agreement shall take effect on the date user subscribes by paying the Fee. The PLAN SHALL EXPIRE AFTER A CERTAIN NUMBER OF CONSECUTIVE DAYS TRANSPIRE. The number of days before expiration is selected by the user at the time of purchase.
4.2 Plans may not be terminated, frozen, paused, or otherwise refunded.
4.3 As a result of any termination under this Agreement, ResPower will be released from any further obligation under this Agreement.

5. Trial Period

5.1 There is no trial period; the Plan will expire automatically in accordance with section 4.

6. Support

6.1 Support, if required, shall be provided via e-mail. ResPower will respond to support requests in the order they are received, and makes no guarantees as to when support e-mails will be answered. Support service via telephone is not recommended or preferred, but will be provided for a two hundred and fifty dollar ($250.00) fee, payable in advance and in a manner acceptable to ResPower at its sole discretion, per support request.

7. Priority

7.1 ResPower provides a number of other services unrelated to this Service, and ResPower can only accommodate a certain number of rendering projects at any given time. Because of this, any Service requested under this Agreement may be postponed, withheld, delayed, or cancelled without notice to user and without liability to ResPower until other engine rendering jobs not covered by this Agreement are completed.

8. Use.

8.1 Access to and use of the Service is limited to the individual or business who initially subscribes to the Service. SHARING ACCOUNTS WITH UNSUBSCRIBED and/or NONPAYING INDIVIUDALS IS NOT ALLOWED. Anyone caught sharing an account with anyone other than a paying, subscribed user, unless said individual is demonstrably employed by the subscribed user, will have his or her account immediately terminated and no refunds will be given for any Pre-Paid Fees.
8.2 User represents and warrants that: (a) user has the power and authority to enter into and perform his or her obligations under this Agreement; (b) user's content does not and shall not contain any content, materials, advertising, or services that are inaccurate or that infringe on or violate any applicable law, regulation, or right of a third-party, including, without limitation, export laws, or any proprietary, contract, moral, or privacy right, or any other third-party right, and that user owns the user content or otherwise has the right to place the user content on and in the Service; and (c) should user receive notice of a claim regarding the Service, user shall promptly provide ResPower with written notice of such claim.
8.3 User represents and warrants that user will use the Service only for lawful purposes, and that user will not use the Service for any unlawful, abusive, or fraudulent purpose, including, but not limited to, using the Service in a way that interferes with ResPower's ability to provide services or avoids user's obligation to pay for Service. If ResPower has reason to believe that user or someone else is abusing Service or using Service fraudulently or unlawfully, ResPower may immediately suspend, restrict, or cancel Service without advance notice and notwithstanding any other provision of this Agreement, and no refunds will be given for any Pre-Paid fees.
8.4 ResPower reserves the right to monitor, from time to time, user's activity, and user hereby consents to such monitoring by ResPower. The parties agree such access does not create a duty on ResPower to police, monitor, or exert editorial control over content or use on or of the Service. User assumes responsibility for ensuring that user content does not infringe or violate any right of any third party. The use or transmission of any material in violation of any law or regulation is prohibited. This includes, but is not limited to, copyrighted material; material legally judged to be threatening, malicious, or obscene; material protected by trade secret; material that is otherwise deemed to be proprietary; and any material which may subject ResPower to civil or criminal liability or material judged by the sole reasonable discretion of ResPower to be inappropriate or improper. Placement of any such materials on the Service or use of the Service for same shall be construed as a material breach of this Agreement, permitting ResPower to immediately suspend, restrict, or cancel Service without advance notice and notwithstanding any other provision of this Agreement, and without giving refunds for any Pre-Paid fees.
9. Disclaimers and Limitations of Liability.

9.1 RESPOWER MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING OR RELATING TO SUPPORTED RENDER ENGINES, OR ANY MATERIALS OR SERVICES FURNISHED OR PROVIDED TO USER UNDER THIS AGREEMENT, ALL OF WHICH ARE LICENSED "AS IS, AS AVAILABLE" WITH ALL FAULTS. RESPOWER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD-PARTY WITH RESPECT TO BLENDER SOFTWARE AND ALL OTHER MATERIALS AND SERVICES, AND WITH RESPECT TO THE USE OF ANY OF THE FOREGOING.
9.2 IN NO EVENT WILL RESPOWER BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER, OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE, OR USE OF THE SUPPORTED RENDER ENGINES OR SERVICES PERFORMED OR PROVIDED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF RESPOWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RESPOWER'S LIABILITY UNDER THIS AGREEMENT FOR DAMAGES WILL NOT, IN ANY EVENT, EXCEED FEES PAID BY USER TO RESPOWER UNDER THIS AGREEMENT DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THE PROVISIONS OF THIS SECTION ALLOCATE RISKS UNDER THIS AGREEMENT BETWEEN USER AND RESPOWER. THE FEES CHARGED UNDER THIS AGREEMENT REFLECT THIS ALLOCATION OF RISKS AND LIMITATION OF LIABILITY.
9.3 User acknowledges that use of or connection to the Internet is inherently insecure and that connection to the Internet provides opportunity for unauthorized access by a third party to user's computer systems, networks, and information. ALL INFORMATION TRANSMITTED AND RECEIVED THROUGH THE INTERNET CANNOT BE EXPECTED TO REMAIN CONFIDENTIAL AND RESPOWER CANNOT AND WILL NOT WARRANT THE PRIVACY, SECURITY, AUTHENTICITY, AND NON-CORRUPTION OF ANY INFORMATION SO TRANSMITTED, OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET. RESPOWER SHALL NOT BE RESPONSIBLE FOR ANY ADVERSE CONSEQUENCES WHATSOEVER OF USER'S CONNECTION TO OR USE OF THE INTERNET, AND RESPOWER SHALL NOT BE RESPONSIBLE FOR ANY USE BY USER OF USER'S INTERNET CONNECTION OR THE SERVICE IN VIOLATION OF ANY LAW, RULE, OR REGULATION OR ANY VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANOTHER.
10. Infringement, Termination Option, and Indemnification.

10.1 In the event a claim, action, or allegation is brought or threatened by any party which states that the Supported Render Engines or any other intellectual property used by user in conjunction with this Service infringes any parties' intellectual property rights, including, but not limited to, patents, copyrights, or trade secrets, ResPower may, at its sole option, immediately terminate this Agreement without notice to user and no refunds will be paid for any Pre-Paid Fees.
10.2 User shall indemnify ResPower, its affiliates, officers, directors, licensees, and licensors from any and all claims and expenses, including, without limitation, reasonable attorney's fees, arising from user's breach of any provision of this Agreement or asserted by third parties against ResPower arising from user's use of the Service or from any other action or inaction by User.
11. Limitation on Claims.

11.1 No action arising out of any breach, or claimed breach of this Agreement, or transactions contemplated by this Agreement, may be brought by user more than six (6) months after the cause of action has accrued. For purposes of this Agreement, a cause of action will be deemed to have accrued when user knew, or reasonably should have known, of the breach or claimed breach.
12. No Binding Authority

12.1 No employee, agent, representative, or affiliate of ResPower has authority to bind ResPower to any oral representations or warranty concerning the Service. Any written representation or warranty not expressly contained in this Agreement will not be enforceable.
13. Force Majeure

13.1 ResPower shall not incur any liability to user on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control and without negligence of ResPower. Such events, occurrences, or causes may include, without limitation, acts of God, strikes, lockouts, riots, acts of war or terrorism, earthquake, fire and explosions, and power failure or Internet access service interruption.
13.2 User acknowledges and understands that Service may not be available in the event of power failure, or in the event of Internet access service interruption. Should there be an interruption in power supply or Internet access service, Service may not function until some time after power or Internet access is restored.
14. Waiver

14.1 Any waiver of the provisions of this Agreement or of rights or remedies under this Agreement by ResPower must be in writing to be effective. Failure, neglect, or delay by ResPower to enforce any provisions of this Agreement, or its rights or remedies at any time, will not be construed and will not be deemed to be a waiver of ResPower's rights under this Agreement and will not in any way affect the validity of the whole or any part of this Agreement or prejudice ResPower's right to take subsequent action. No exercise or enforcement by ResPower of any right or remedy under this Agreement will preclude the enforcement by ResPower of any other right or remedy under this Agreement that ResPower is entitled by law to enforce.
15. Severability

15.1 If any term, condition, or provision in this Agreement is found to be invalid, unlawful, or unenforceable to any extent, the parties shall endeavor in good faith to agree to such amendments that will preserve, as far as possible, the intentions expressed in this Agreement. If the parties fail to agree on such an amendment, such invalid term, condition, or provision will be severed from the remaining terms, conditions, and provisions, which will continue to be valid and enforceable to the fullest extent permitted by law.
16. Integration

16.1 This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. This Agreement may not be amended, except by a writing signed by both parties.
17. Law

17.1 The Agreement shall be subject to and construed and interpreted in accordance with the laws of the State of Alabama, excepting their choice of law provisions. The parties hereby consent to the exclusive jurisdiction of the state and federal courts located in Madison County, Alabama, for resolution of any disputes arising out of this Agreement.
18. Survival

18.1 Any provisions of this Agreement relating to proprietary rights, warranties, confidentiality, non-disclosure, limitation of liability, and user indemnification obligations and payment obligations shall survive the termination or expiration of this Agreement.
19. Notice

19.1 Any notice required under this Agreement must be in writing and shall be sent to ResPower at the following address:
ResPower, Inc.
2505 Elliott Ave SW
Huntsville, AL 35805

Terms of Use:

This Service Agreement ("Agreement") is between ResPower, Inc. ("ResPower"), and user of the Service. This Agreement governs the terms and conditions of use of the Service provided by ResPower to user, and any software, devices, equipment, or connection, used in conjunction with the Service. By activating the Service, and clicking "Subscribe," you acknowledge that you have read, understood, and agreed to each and every term of this Agreement, including, but not limited to, the use of the Service and the Service provided. Further, you represent that you are of legal age to enter into this Agreement and be bound by its terms. If you do not agree to all of the terms and conditions, without condition, you will not be able to access or use the Service.

1. Definitions

1.1 Blender Software shall mean that open source software for 3D modeling, animation, rendering, post-production, interactive creation, and playback, available for all major operating systems under the GNU Public License.
1.2 3dsmax shall mean that software for 3D modeling, animation, rendering, post-production, interactive creation, and playback, available from AutoDesk.
1.3 Maya shall mean that software for 3D modeling, animation, rendering, post-production, interactive creation, and playback, available from AutoDesk.
1.4 LightWave shall mean that software for 3D modeling, animation, rendering, post-production, interactive creation, and playback, available from NewTek.
1.5 Vue shall mean that software for 3D modeling, animation, rendering, post-production, interactive creation, and playback, available from e-on Software.
1.6 brazil R/S shall mean that software for 3D rendering available from Splutterfish.
1.7 finalRender Stage-1 shall mean that software for 3D rendering available from TurboSquid.
1.8 V-Ray shall mean that software for 3D rendering available from ChaosGroup.
1.9 mental ray shall mean that software for 3D rendering available from mental images GmBH.
1.10 You, as the user, may be referred to in this Agreement as "you," "user," or "subscriber."
1.11 Service shall mean internet-based rendering services provided by ResPower under this Agreement.
1.12 Supported Render Engines shall mean the following render engines:

* Blender

Supported Render Engines excludes all other render engines in any form, whether for 3dsmax, Maya, or any other package.

2. License

2.1 Subject to the terms, conditions, and limitations of this Agreement, ResPower grants to user PERSONAL, non-exclusive, and non-transferable access to and use of the Service for the Term specified below. This Service is to be used ONLY by individuals. A Plan is not to be used by multiple individuals, even if those individuals operate within the same business, partnership, or other organization. Each and every individual person who accesses or uses this Service must be subscribed to a Plan, and must have Pre-Paid for such subscription according to the payment terms in Section 3. User shall permit ResPower, at any time, to verify that use of the Service is within the terms of this Agreement.
2.2 This Service may be used in conjunction with Blender Software, which is subject to a General Public License. User assumes all responsibility for acquiring and complying with such or any other intellectual property licenses, included but not limited to, applications, programs, or tools required to use Blender Software or any rights granted by this Agreement. Because ResPower is not modifying, copying, or distributing Blender Software, and because ResPower's sole use of Blender Software is through running the Blender Software, the parties agree that the General Public License, and any limitation contained therein, is inapplicable to ResPower.
2.3 This Service may be used in conjunction with Supported Render Engines other than Blender, which is subject to license. User assumes all responsibility for acquiring and complying with such or any other intellectual property licenses, included but not limited to, applications, programs, or tools required to use Supported Render Engines or any rights granted by this Agreement.

3. Plans and Fees

3.1 In consideration of the License granted pursuant to Section 2, user shall pay ResPower a Fee. A Fee for use of the Service will be charged once, and will vary depending on the Plan to which user has subscribed, as described in Section 3.2. The particular monthly Fee for each Plan available to user is posted on ResPower's website.
3.2 The Plans available include Super/Unlimited Lite. The Service will be limited to a certain number of minutes per frame, and processed at varying priorities based on user's Plan. Super/Unlimited Plan will render at one hundred twenty (120) minutes per frame and carry a lesser priority than Services provided to third parties not covered under this Agreement.
3.3 All Fees due under the Agreement shall be payable in advance of the month of Service ("Pre-Paid"). A debit card, credit card, or other account, as may be approved and accepted by ResPower, is required and will be billed prior to performing any work under the Plan.
3.4 If, after any Fee is charged to user's debit card, credit card, or other account, the charge is declined, ResPower may lock user's account such that user may not access the Service. A five ($5.00) dollar re-activation fee will be charged to user, which user must pay in addition to any outstanding monthly Fees, before user may resume using the Service.
3.5 ResPower may change the Fees for Service and any Plan from time to time. ResPower may decrease Fees without providing any advance notice. Increases to Fees for Service or any Plan are effective fifteen(15) days after notice of change to user, either by posting said changes on ResPower's website, or by electronic mail directed to the e-mail address user provided ResPower when user signed up for Service, or to user's current e-mail address if user has notified ResPower in writing that user's e-mail address has changed. Increases to charges that recover costs associated with government programs are effective three (3) days after notice of change to user, either by posting changes on ResPower's website, or by electronic mail directed to the e-mail address user provided ResPower when user signed up for Service, or to user's current e-mail address if user has notified ResPower in writing that user's e-mail address has changed.

4. Term

4.1 This Agreement shall take effect on the date user subscribes by paying the Fee. The PLAN SHALL EXPIRE AFTER A CERTAIN NUMBER OF CONSECUTIVE DAYS TRANSPIRE. The number of days before expiration is selected by the user at the time of purchase.
4.2 Plans may not be terminated, frozen, paused, or otherwise refunded.
4.3 As a result of any termination under this Agreement, ResPower will be released from any further obligation under this Agreement.

5. Trial Period

5.1 There is no trial period; the Plan will expire automatically in accordance with section 4.

6. Support

6.1 Support, if required, shall be provided via e-mail. ResPower will respond to support requests in the order they are received, and makes no guarantees as to when support e-mails will be answered. Support service via telephone is not recommended or preferred, but will be provided for a two hundred and fifty dollar ($250.00) fee, payable in advance and in a manner acceptable to ResPower at its sole discretion, per support request.

7. Priority

7.1 ResPower provides a number of other rendering services unrelated to this Service, and ResPower can only accommodate a certain number of rendering projects at any given time. Because of this, any Service requested under this Agreement may be postponed, withheld, delayed, or cancelled without notice to user and without liability to ResPower until other engine rendering jobs not covered by this Agreement are completed.

8. Use.

8.1 Access to and use of the Service is limited to the individual or business who initially subscribes to the Service. SHARING ACCOUNTS WITH UNSUBSCRIBED and/or NONPAYING INDIVIUDALS IS NOT ALLOWED. Anyone caught sharing an account with anyone other than a paying, subscribed user will have his or her account immediately terminated and no refunds will be given for any Pre-Paid Fees.
8.2 User represents and warrants that: (a) user has the power and authority to enter into and perform his or her obligations under this Agreement; (b) user's content does not and shall not contain any content, materials, advertising, or services that are inaccurate or that infringe on or violate any applicable law, regulation, or right of a third-party, including, without limitation, export laws, or any proprietary, contract, moral, or privacy right, or any other third-party right, and that user owns the user content or otherwise has the right to place the user content on and in the Service; and (c) should user receive notice of a claim regarding the Service, user shall promptly provide ResPower with written notice of such claim.
8.3 User represents and warrants that user will use the Service only for lawful purposes, and that user will not use the Service for any unlawful, abusive, or fraudulent purpose, including, but not limited to, using the Service in a way that interferes with ResPower's ability to provide services or avoids user's obligation to pay for Service. If ResPower has reason to believe that user or someone else is abusing Service or using Service fraudulently or unlawfully, ResPower may immediately suspend, restrict, or cancel Service without advance notice and notwithstanding any other provision of this Agreement, and no refunds will be given for any Pre-Paid fees.
8.4 ResPower reserves the right to monitor, from time to time, user's activity, and user hereby consents to such monitoring by ResPower. The parties agree such access does not create a duty on ResPower to police, monitor, or exert editorial control over content or use on or of the Service. User assumes responsibility for ensuring that user content does not infringe or violate any right of any third party. The use or transmission of any material in violation of any law or regulation is prohibited. This includes, but is not limited to, copyrighted material; material legally judged to be threatening, malicious, or obscene; material protected by trade secret; material that is otherwise deemed to be proprietary; and any material which may subject ResPower to civil or criminal liability or material judged by the sole reasonable discretion of ResPower to be inappropriate or improper. Placement of any such materials on the Service or use of the Service for same shall be construed as a material breach of this Agreement, permitting ResPower to immediately suspend, restrict, or cancel Service without advance notice and notwithstanding any other provision of this Agreement, and without giving refunds for any Pre-Paid fees.

9. Disclaimers and Limitations of Liability.

9.1 RESPOWER MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING OR RELATING TO SUPPORTED RENDER ENGINES, OR ANY MATERIALS OR SERVICES FURNISHED OR PROVIDED TO USER UNDER THIS AGREEMENT, ALL OF WHICH ARE LICENSED "AS IS, AS AVAILABLE" WITH ALL FAULTS. RESPOWER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD-PARTY WITH RESPECT TO BLENDER SOFTWARE AND ALL OTHER MATERIALS AND SERVICES, AND WITH RESPECT TO THE USE OF ANY OF THE FOREGOING.
9.2 IN NO EVENT WILL RESPOWER BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER, OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE, OR USE OF THE SUPPORTED RENDER ENGINES OR SERVICES PERFORMED OR PROVIDED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF RESPOWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RESPOWER'S LIABILITY UNDER THIS AGREEMENT FOR DAMAGES WILL NOT, IN ANY EVENT, EXCEED FEES PAID BY USER TO RESPOWER UNDER THIS AGREEMENT DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THE PROVISIONS OF THIS SECTION ALLOCATE RISKS UNDER THIS AGREEMENT BETWEEN USER AND RESPOWER. THE FEES CHARGED UNDER THIS AGREEMENT REFLECT THIS ALLOCATION OF RISKS AND LIMITATION OF LIABILITY.
9.3 User acknowledges that use of or connection to the Internet is inherently insecure and that connection to the Internet provides opportunity for unauthorized access by a third party to user's computer systems, networks, and information. ALL INFORMATION TRANSMITTED AND RECEIVED THROUGH THE INTERNET CANNOT BE EXPECTED TO REMAIN CONFIDENTIAL AND RESPOWER CANNOT AND WILL NOT WARRANT THE PRIVACY, SECURITY, AUTHENTICITY, AND NON-CORRUPTION OF ANY INFORMATION SO TRANSMITTED, OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET. RESPOWER SHALL NOT BE RESPONSIBLE FOR ANY ADVERSE CONSEQUENCES WHATSOEVER OF USER'S CONNECTION TO OR USE OF THE INTERNET, AND RESPOWER SHALL NOT BE RESPONSIBLE FOR ANY USE BY USER OF USER'S INTERNET CONNECTION OR THE SERVICE IN VIOLATION OF ANY LAW, RULE, OR REGULATION OR ANY VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANOTHER.

10. Infringement, Termination Option, and Indemnification.

10.1 In the event a claim, action, or allegation is brought or threatened by any party which states that the Supported Render Engines or any other intellectual property used by user in conjunction with this Service infringes any parties' intellectual property rights, including, but not limited to, patents, copyrights, or trade secrets, ResPower may, at its sole option, immediately terminate this Agreement without notice to user and no refunds will be paid for any Pre-Paid Fees.
10.2 User shall indemnify ResPower, its affiliates, officers, directors, licensees, and licensors from any and all claims and expenses, including, without limitation, reasonable attorney's fees, arising from user's breach of any provision of this Agreement or asserted by third parties against ResPower arising from user's use of the Service or from any other action or inaction by User.

11. Limitation on Claims.

11.1 No action arising out of any breach, or claimed breach of this Agreement, or transactions contemplated by this Agreement, may be brought by user more than six (6) months after the cause of action has accrued. For purposes of this Agreement, a cause of action will be deemed to have accrued when user knew, or reasonably should have known, of the breach or claimed breach.

12. No Binding Authority

12.1 No employee, agent, representative, or affiliate of ResPower has authority to bind ResPower to any oral representations or warranty concerning the Service. Any written representation or warranty not expressly contained in this Agreement will not be enforceable.

13. Force Majeure

13.1 ResPower shall not incur any liability to user on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control and without negligence of ResPower. Such events, occurrences, or causes may include, without limitation, acts of God, strikes, lockouts, riots, acts of war or terrorism, earthquake, fire and explosions, and power failure or Internet access service interruption.
13.2 User acknowledges and understands that Service may not be available in the event of power failure, or in the event of Internet access service interruption. Should there be an interruption in power supply or Internet access service, Service may not function until some time after power or Internet access is restored.

14. Waiver

14.1 Any waiver of the provisions of this Agreement or of rights or remedies under this Agreement by ResPower must be in writing to be effective. Failure, neglect, or delay by ResPower to enforce any provisions of this Agreement, or its rights or remedies at any time, will not be construed and will not be deemed to be a waiver of ResPower's rights under this Agreement and will not in any way affect the validity of the whole or any part of this Agreement or prejudice ResPower's right to take subsequent action. No exercise or enforcement by ResPower of any right or remedy under this Agreement will preclude the enforcement by ResPower of any other right or remedy under this Agreement that ResPower is entitled by law to enforce.

15. Severability

15.1 If any term, condition, or provision in this Agreement is found to be invalid, unlawful, or unenforceable to any extent, the parties shall endeavor in good faith to agree to such amendments that will preserve, as far as possible, the intentions expressed in this Agreement. If the parties fail to agree on such an amendment, such invalid term, condition, or provision will be severed from the remaining terms, conditions, and provisions, which will continue to be valid and enforceable to the fullest extent permitted by law.

16. Integration

16.1 This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. This Agreement may not be amended, except by a writing signed by both parties.

17. Law

17.1 The Agreement shall be subject to and construed and interpreted in accordance with the laws of the State of Alabama, excepting their choice of law provisions. The parties hereby consent to the exclusive jurisdiction of the state and federal courts located in Madison County, Alabama, for resolution of any disputes arising out of this Agreement.

18. Survival

18.1 Any provisions of this Agreement relating to proprietary rights, warranties, confidentiality, non-disclosure, limitation of liability, and user indemnification obligations and payment obligations shall survive the termination or expiration of this Agreement.

19. Notice

19.1 Any notice required under this Agreement must be in writing and shall be sent to ResPower at the following address:
ResPower, Inc.
2505 Elliott Ave SW
Huntsville, AL 35805

Terms of Use:

This Service Agreement ("Agreement") is between ResPower, Inc. ("ResPower"), and user of the Service. This Agreement governs the terms and conditions of use of the Service provided by ResPower to user, and any software, devices, equipment, or connection, used in conjunction with the Service. By activating the Service, and clicking "Subscribe," you acknowledge that you have read, understood, and agreed to each and every term of this Agreement, including, but not limited to, the use of the Service and the Service provided. Further, you represent that you are of legal age to enter into this Agreement and be bound by its terms. If you do not agree to all of the terms and conditions, without condition, you will not be able to access or use the Service.
1. Definitions

1.1 Blender Software shall mean that open source software for 3D modeling, animation, rendering, post-production, interactive creation, and playback, available for all major operating systems under the GNU Public License.
1.2 3dsmax shall mean that software for 3D modeling, animation, rendering, post-production, interactive creation, and playback, available from AutoDesk.
1.3 Maya shall mean that software for 3D modeling, animation, rendering, post-production, interactive creation, and playback, available from AutoDesk.
1.4 LightWave shall mean that software for 3D modeling, animation, rendering, post-production, interactive creation, and playback, available from NewTek.
1.5 Vue shall mean that software for 3D modeling, animation, rendering, post-production, interactive creation, and playback, available from e-on Software.
1.6 brazil R/S shall mean that software for 3D rendering available from Splutterfish.
1.7 finalRender Stage-1 shall mean that software for 3D rendering available from TurboSquid.
1.8 V-Ray shall mean that software for 3D rendering available from ChaosGroup.
1.9 You, as the user, may be referred to in this Agreement as "you," "user," or "subscriber."
1.10 Service shall mean internet-based rendering services provided by ResPower under this Agreement.
1.11 Supported Render Engines shall mean the following render engines:

* 3dsmax Scanline
* Blender
* Brazil r/s
* finalRender Stage-1
* LightWave
* Maya Software
* Maya Vector
* Vue

Supported Render Engines excludes mental ray in any form, whether for 3dsmax, Maya, or any other package.

2. License

2.1 Subject to the terms, conditions, and limitations of this Agreement, ResPower grants to user PERSONAL, non-exclusive, and non-transferable access to and use of the Service for the Term specified below. This Service is to be used ONLY by individuals or individual businesses. A Plan is not to be used by multiple individuals, unless those individuals operate within the same business, or partnership. In the event that the individuals operate within the same business or partnership, there shall still be no more than 3 individuals using the Plan. Each and every individual who accesses or uses this Service must either (a) be subscribed to a Plan, and must have Pre-Paid for such subscription according to the payment terms in Section 3, or (b) be employed by a business that is subscribed to a Plan, which has been Pre-Paid according to the payment terms in Section 3. If the individual is accessing the Service under the subscription of an employer, such access must be done in the service of that employer. At no time shall an employer allow employees to use a subscription for personal use. User shall permit ResPower, at any time, to verify that use of the Service is within the terms of this Agreement.
2.2 This Service may be used in conjunction with Blender Software, which is subject to a General Public License. User assumes all responsibility for acquiring and complying with such or any other intellectual property licenses, included but not limited to, applications, programs, or tools required to use Blender Software or any rights granted by this Agreement. Because ResPower is not modifying, copying, or distributing Blender Software, and because ResPower's sole use of Blender Software is through running the Blender Software, the parties agree that the General Public License, and any limitation contained therein, is inapplicable to ResPower.
2.3 This Service may be used in conjunction with Supported Render Engines other than Blender, which is subject to license. User assumes all responsibility for acquiring and complying with such or any other intellectual property licenses, included but not limited to, applications, programs, or tools required to use Supported Render Engines or any rights granted by this Agreement.

3. Plans and Fees

3.1 In consideration of the License granted pursuant to Section 2, user shall pay ResPower a Fee. A Fee for use of the Service will be charged once, and will vary depending on the Plan to which user has subscribed, as described in Section 3.2. The particular Fee for each Plan available to user is posted on ResPower's website.
3.2 The Plans available include Super/Unlimited and other's listed on ResPower's website at the time of purchase. The Service will be limited to a certain number of minutes per task, and processed at varying priorities based on user's Plan and disclosed via ResPower's website at the time of purchase. User's Plan will carry a lesser priority than Services provided to third parties not covered under this Agreement.
3.3 All Fees due under the Agreement shall be payable in advance of the month of Service ("Pre-Paid"). A debit card, credit card, or other account, as may be approved and accepted by ResPower, is required and will be billed prior to performing any work under the Plan.
3.4 If, after any Fee is charged to user's debit card, credit card, or other account, the charge is declined, ResPower may lock user's account such that user may not access the Service. A five ($5.00) dollar re-activation fee will be charged to user, which user must pay in addition to any outstanding monthly Fees, before user may resume using the Service.
3.5 ResPower may change the Fees for Service and any Plan from time to time. ResPower may decrease Fees without providing any advance notice. Increases to Fees for Service or any Plan are effective fifteen(15) days after notice of change to user, either by posting said changes on ResPower's website, or by electronic mail directed to the e-mail address user provided ResPower when user signed up for Service, or to user's current e-mail address if user has notified ResPower in writing that user's e-mail address has changed. Increases to charges that recover costs associated with government programs are effective three (3) days after notice of change to user, either by posting changes on ResPower's website, or by electronic mail directed to the e-mail address user provided ResPower when user signed up for Service, or to user's current e-mail address if user has notified ResPower in writing that user's e-mail address has changed.

4. Term

4.1 This Agreement shall take effect on the date user subscribes by paying the Fee. The PLAN SHALL EXPIRE AFTER A CERTAIN NUMBER OF CONSECUTIVE DAYS TRANSPIRE. The number of days before expiration is selected by the user at the time of purchase.
4.2 Plans may not be terminated, frozen, paused, or otherwise refunded.
4.3 As a result of any termination under this Agreement, ResPower will be released from any further obligation under this Agreement.

5. Trial Period

5.1 There is no trial period; the Plan will expire automatically in accordance with section 4.

6. Support

6.1 Support, if required, shall be provided via e-mail. ResPower will respond to support requests in the order they are received, and makes no guarantees as to when support e-mails will be answered. Support service via telephone is not recommended or preferred, but will be provided for a two hundred and fifty dollar ($250.00) fee, payable in advance and in a manner acceptable to ResPower at its sole discretion, per support request.

7. Priority

7.1 ResPower provides a number of other services unrelated to this Service, and ResPower can only accommodate a certain number of rendering projects at any given time. Because of this, any Service requested under this Agreement may be postponed, withheld, delayed, or cancelled without notice to user and without liability to ResPower until other engine rendering jobs not covered by this Agreement are completed.

8. Use.

8.1 Access to and use of the Service is limited to the individual or business who initially subscribes to the Service. SHARING ACCOUNTS WITH UNSUBSCRIBED and/or NONPAYING INDIVIUDALS IS NOT ALLOWED. Anyone caught sharing an account with anyone other than a paying, subscribed user, unless said individual is demonstrably employed by the subscribed user, will have his or her account immediately terminated and no refunds will be given for any Pre-Paid Fees.
8.2 User represents and warrants that: (a) user has the power and authority to enter into and perform his or her obligations under this Agreement; (b) user's content does not and shall not contain any content, materials, advertising, or services that are inaccurate or that infringe on or violate any applicable law, regulation, or right of a third-party, including, without limitation, export laws, or any proprietary, contract, moral, or privacy right, or any other third-party right, and that user owns the user content or otherwise has the right to place the user content on and in the Service; and (c) should user receive notice of a claim regarding the Service, user shall promptly provide ResPower with written notice of such claim.
8.3 User represents and warrants that user will use the Service only for lawful purposes, and that user will not use the Service for any unlawful, abusive, or fraudulent purpose, including, but not limited to, using the Service in a way that interferes with ResPower's ability to provide services or avoids user's obligation to pay for Service. If ResPower has reason to believe that user or someone else is abusing Service or using Service fraudulently or unlawfully, ResPower may immediately suspend, restrict, or cancel Service without advance notice and notwithstanding any other provision of this Agreement, and no refunds will be given for any Pre-Paid fees.
8.4 ResPower reserves the right to monitor, from time to time, user's activity, and user hereby consents to such monitoring by ResPower. The parties agree such access does not create a duty on ResPower to police, monitor, or exert editorial control over content or use on or of the Service. User assumes responsibility for ensuring that user content does not infringe or violate any right of any third party. The use or transmission of any material in violation of any law or regulation is prohibited. This includes, but is not limited to, copyrighted material; material legally judged to be threatening, malicious, or obscene; material protected by trade secret; material that is otherwise deemed to be proprietary; and any material which may subject ResPower to civil or criminal liability or material judged by the sole reasonable discretion of ResPower to be inappropriate or improper. Placement of any such materials on the Service or use of the Service for same shall be construed as a material breach of this Agreement, permitting ResPower to immediately suspend, restrict, or cancel Service without advance notice and notwithstanding any other provision of this Agreement, and without giving refunds for any Pre-Paid fees.
9. Disclaimers and Limitations of Liability.

9.1 RESPOWER MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING OR RELATING TO SUPPORTED RENDER ENGINES, OR ANY MATERIALS OR SERVICES FURNISHED OR PROVIDED TO USER UNDER THIS AGREEMENT, ALL OF WHICH ARE LICENSED "AS IS, AS AVAILABLE" WITH ALL FAULTS. RESPOWER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD-PARTY WITH RESPECT TO BLENDER SOFTWARE AND ALL OTHER MATERIALS AND SERVICES, AND WITH RESPECT TO THE USE OF ANY OF THE FOREGOING.
9.2 IN NO EVENT WILL RESPOWER BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER, OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE, OR USE OF THE SUPPORTED RENDER ENGINES OR SERVICES PERFORMED OR PROVIDED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF RESPOWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RESPOWER'S LIABILITY UNDER THIS AGREEMENT FOR DAMAGES WILL NOT, IN ANY EVENT, EXCEED FEES PAID BY USER TO RESPOWER UNDER THIS AGREEMENT DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THE PROVISIONS OF THIS SECTION ALLOCATE RISKS UNDER THIS AGREEMENT BETWEEN USER AND RESPOWER. THE FEES CHARGED UNDER THIS AGREEMENT REFLECT THIS ALLOCATION OF RISKS AND LIMITATION OF LIABILITY.
9.3 User acknowledges that use of or connection to the Internet is inherently insecure and that connection to the Internet provides opportunity for unauthorized access by a third party to user's computer systems, networks, and information. ALL INFORMATION TRANSMITTED AND RECEIVED THROUGH THE INTERNET CANNOT BE EXPECTED TO REMAIN CONFIDENTIAL AND RESPOWER CANNOT AND WILL NOT WARRANT THE PRIVACY, SECURITY, AUTHENTICITY, AND NON-CORRUPTION OF ANY INFORMATION SO TRANSMITTED, OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET. RESPOWER SHALL NOT BE RESPONSIBLE FOR ANY ADVERSE CONSEQUENCES WHATSOEVER OF USER'S CONNECTION TO OR USE OF THE INTERNET, AND RESPOWER SHALL NOT BE RESPONSIBLE FOR ANY USE BY USER OF USER'S INTERNET CONNECTION OR THE SERVICE IN VIOLATION OF ANY LAW, RULE, OR REGULATION OR ANY VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANOTHER.
10. Infringement, Termination Option, and Indemnification.

10.1 In the event a claim, action, or allegation is brought or threatened by any party which states that the Supported Render Engines or any other intellectual property used by user in conjunction with this Service infringes any parties' intellectual property rights, including, but not limited to, patents, copyrights, or trade secrets, ResPower may, at its sole option, immediately terminate this Agreement without notice to user and no refunds will be paid for any Pre-Paid Fees.
10.2 User shall indemnify ResPower, its affiliates, officers, directors, licensees, and licensors from any and all claims and expenses, including, without limitation, reasonable attorney's fees, arising from user's breach of any provision of this Agreement or asserted by third parties against ResPower arising from user's use of the Service or from any other action or inaction by User.
11. Limitation on Claims.

11.1 No action arising out of any breach, or claimed breach of this Agreement, or transactions contemplated by this Agreement, may be brought by user more than six (6) months after the cause of action has accrued. For purposes of this Agreement, a cause of action will be deemed to have accrued when user knew, or reasonably should have known, of the breach or claimed breach.
12. No Binding Authority

12.1 No employee, agent, representative, or affiliate of ResPower has authority to bind ResPower to any oral representations or warranty concerning the Service. Any written representation or warranty not expressly contained in this Agreement will not be enforceable.
13. Force Majeure

13.1 ResPower shall not incur any liability to user on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control and without negligence of ResPower. Such events, occurrences, or causes may include, without limitation, acts of God, strikes, lockouts, riots, acts of war or terrorism, earthquake, fire and explosions, and power failure or Internet access service interruption.
13.2 User acknowledges and understands that Service may not be available in the event of power failure, or in the event of Internet access service interruption. Should there be an interruption in power supply or Internet access service, Service may not function until some time after power or Internet access is restored.
14. Waiver

14.1 Any waiver of the provisions of this Agreement or of rights or remedies under this Agreement by ResPower must be in writing to be effective. Failure, neglect, or delay by ResPower to enforce any provisions of this Agreement, or its rights or remedies at any time, will not be construed and will not be deemed to be a waiver of ResPower's rights under this Agreement and will not in any way affect the validity of the whole or any part of this Agreement or prejudice ResPower's right to take subsequent action. No exercise or enforcement by ResPower of any right or remedy under this Agreement will preclude the enforcement by ResPower of any other right or remedy under this Agreement that ResPower is entitled by law to enforce.
15. Severability

15.1 If any term, condition, or provision in this Agreement is found to be invalid, unlawful, or unenforceable to any extent, the parties shall endeavor in good faith to agree to such amendments that will preserve, as far as possible, the intentions expressed in this Agreement. If the parties fail to agree on such an amendment, such invalid term, condition, or provision will be severed from the remaining terms, conditions, and provisions, which will continue to be valid and enforceable to the fullest extent permitted by law.
16. Integration

16.1 This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. This Agreement may not be amended, except by a writing signed by both parties.
17. Law

17.1 The Agreement shall be subject to and construed and interpreted in accordance with the laws of the State of Alabama, excepting their choice of law provisions. The parties hereby consent to the exclusive jurisdiction of the state and federal courts located in Madison County, Alabama, for resolution of any disputes arising out of this Agreement.
18. Survival

18.1 Any provisions of this Agreement relating to proprietary rights, warranties, confidentiality, non-disclosure, limitation of liability, and user indemnification obligations and payment obligations shall survive the termination or expiration of this Agreement.
19. Notice

19.1 Any notice required under this Agreement must be in writing and shall be sent to ResPower at the following address:
ResPower, Inc.
2505 Elliott Ave SW
Huntsville, AL 35805

Terms of Use:

This Service Agreement ("Agreement") is between ResPower, Inc. ("ResPower"), and user of the Service. This Agreement governs the terms and conditions of use of the Service provided by ResPower to user, and any software, devices, equipment, or connection, used in conjunction with the Service. By activating the Service, and clicking "Subscribe," you acknowledge that you have read, understood, and agreed to each and every term of this Agreement, including, but not limited to, the use of the Service and the Service provided. Further, you represent that you are of legal age to enter into this Agreement and be bound by its terms. If you do not agree to all of the terms and conditions, without condition, you will not be able to access or use the Service.
1. Definitions

1.1 Blender Software shall mean that open source software for 3D modeling, animation, rendering, post-production, interactive creation, and playback, available for all major operating systems under the GNU Public License.
1.2 3dsmax shall mean that software for 3D modeling, animation, rendering, post-production, interactive creation, and playback, available from AutoDesk.
1.3 Maya shall mean that software for 3D modeling, animation, rendering, post-production, interactive creation, and playback, available from AutoDesk.
1.4 LightWave shall mean that software for 3D modeling, animation, rendering, post-production, interactive creation, and playback, available from NewTek.
1.5 Vue shall mean that software for 3D modeling, animation, rendering, post-production, interactive creation, and playback, available from e-on Software.
1.6 brazil R/S shall mean that software for 3D rendering available from Splutterfish.
1.7 finalRender Stage-1 shall mean that software for 3D rendering available from TurboSquid.
1.8 V-Ray shall mean that software for 3D rendering available from ChaosGroup.
1.9 mental ray shall mean that software for 3D rendering available from mental images GmBH.
1.10 You, as the user, may be referred to in this Agreement as "you," "user," or "subscriber."
1.11 Service shall mean internet-based rendering services provided by ResPower under this Agreement.
1.12 Supported Render Engines shall mean the following render engines:

* 3dsmax Scanline
* Blender
* Brazil r/s
* finalRender Stage-1
* LightWave
* Maya Software
* Maya Vector
* mental ray for Maya
* mental ray for 3dsmax
* Vue

2. License

2.1 Subject to the terms, conditions, and limitations of this Agreement, ResPower grants to user PERSONAL, non-exclusive, and non-transferable access to and use of the Service for the Term specified below. This Service is to be used ONLY by individuals or individual businesses. A Plan is not to be used by multiple individuals, unless those individuals operate within the same business, or partnership. In the event that the individuals operate within the same business or partnership, there shall still be no more than 6 individuals using the Plan. Each and every individual who accesses or uses this Service must either (a) be subscribed to a Plan, and must have Pre-Paid for such subscription according to the payment terms in Section 3, or (b) be employed by a business that is subscribed to a Plan, which has been Pre-Paid according to the payment terms in Section 3. If the individual is accessing the Service under the subscription of an employer, such access must be done in the service of that employer. At no time shall an employer allow employees to use a subscription for personal use. User shall permit ResPower, at any time, to verify that use of the Service is within the terms of this Agreement.
2.2 This Service may be used in conjunction with Blender Software, which is subject to a General Public License. User assumes all responsibility for acquiring and complying with such or any other intellectual property licenses, included but not limited to, applications, programs, or tools required to use Blender Software or any rights granted by this Agreement. Because ResPower is not modifying, copying, or distributing Blender Software, and because ResPower's sole use of Blender Software is through running the Blender Software, the parties agree that the General Public License, and any limitation contained therein, is inapplicable to ResPower.
2.3 This Service may be used in conjunction with Supported Render Engines other than Blender, which is subject to license. User assumes all responsibility for acquiring and complying with such or any other intellectual property licenses, included but not limited to, applications, programs, or tools required to use Supported Render Engines or any rights granted by this Agreement.
3. Plans and Fees

3.1 In consideration of the License granted pursuant to Section 2, user shall pay ResPower a Fee. A Fee for use of the Service will be charged once, and will vary depending on the Plan to which user has subscribed, as described in Section 3.2. The particular Fee for each Plan available to user is posted on ResPower's website.
3.2 The Plans available include Super/Unlimited Premium. The Service will be limited to a certain number of minutes per frame, and processed at varying priorities based on user's Plan. Super/Unlimited Plan will render at one hundred twenty (120) minutes per frame and carry a lesser priority than Services provided to third parties not covered under this Agreement.
3.3 All Fees due under the Agreement shall be payable in advance of the month of Service ("Pre-Paid"). A debit card, credit card, or other account, as may be approved and accepted by ResPower, is required and will be billed prior to performing any work under the Plan.
3.4 If, after any Fee is charged to user's debit card, credit card, or other account, the charge is declined, ResPower may lock user's account such that user may not access the Service. A five ($5.00) dollar re-activation fee will be charged to user, which user must pay in addition to any outstanding monthly Fees, before user may resume using the Service.
3.5 ResPower may change the Fees for Service and any Plan from time to time. ResPower may decrease Fees without providing any advance notice. Increases to Fees for Service or any Plan are effective fifteen(15) days after notice of change to user, either by posting said changes on ResPower's website, or by electronic mail directed to the e-mail address user provided ResPower when user signed up for Service, or to user's current e-mail address if user has notified ResPower in writing that user's e-mail address has changed. Increases to charges that recover costs associated with government programs are effective three (3) days after notice of change to user, either by posting changes on ResPower's website, or by electronic mail directed to the e-mail address user provided ResPower when user signed up for Service, or to user's current e-mail address if user has notified ResPower in writing that user's e-mail address has changed.
4. Term

4.1 This Agreement shall take effect on the date user subscribes by paying the Fee. The PLAN SHALL EXPIRE AFTER A CERTAIN NUMBER OF CONSECUTIVE DAYS TRANSPIRE. The number of days before expiration is selected by the user at the time of purchase.
4.2 Plans may not be terminated, frozen, paused, or otherwise refunded.
4.3 As a result of any termination under this Agreement, ResPower will be released from any further obligation under this Agreement.

5. Trial Period

5.1 There is no trial period; the Plan will expire automatically in accordance with section 4.

6. Support

6.1 Support, if required, shall be provided via e-mail. ResPower will respond to support requests in the order they are received, and makes no guarantees as to when support e-mails will be answered. Support service via telephone is not recommended or preferred, but will be provided for a two hundred and fifty dollar ($250.00) fee, payable in advance and in a manner acceptable to ResPower at its sole discretion, per support request.
7. Priority

7.1 ResPower provides a number of other rendering services unrelated to this Service, and ResPower can only accommodate a certain number of rendering projects at any given time. Because of this, any Service requested under this Agreement may be postponed, withheld, delayed, or cancelled without notice to user and without liability to ResPower until other engine rendering jobs not covered by this Agreement are completed.
8. Use.

8.1 Access to and use of the Service is limited to the individual or business who initially subscribes to the Service. SHARING ACCOUNTS WITH UNSUBSCRIBED and/or NONPAYING INDIVIUDALS IS NOT ALLOWED. Anyone caught sharing an account with anyone other than a paying, subscribed user, unless said individual is demonstrably employed by the subscribed user, will have his or her account immediately terminated and no refunds will be given for any Pre-Paid Fees.
8.2 User represents and warrants that: (a) user has the power and authority to enter into and perform his or her obligations under this Agreement; (b) user's content does not and shall not contain any content, materials, advertising, or services that are inaccurate or that infringe on or violate any applicable law, regulation, or right of a third-party, including, without limitation, export laws, or any proprietary, contract, moral, or privacy right, or any other third-party right, and that user owns the user content or otherwise has the right to place the user content on and in the Service; and (c) should user receive notice of a claim regarding the Service, user shall promptly provide ResPower with written notice of such claim.
8.3 User represents and warrants that user will use the Service only for lawful purposes, and that user will not use the Service for any unlawful, abusive, or fraudulent purpose, including, but not limited to, using the Service in a way that interferes with ResPower's ability to provide services or avoids user's obligation to pay for Service. If ResPower has reason to believe that user or someone else is abusing Service or using Service fraudulently or unlawfully, ResPower may immediately suspend, restrict, or cancel Service without advance notice and notwithstanding any other provision of this Agreement, and no refunds will be given for any Pre-Paid fees.
8.4 ResPower reserves the right to monitor, from time to time, user's activity, and user hereby consents to such monitoring by ResPower. The parties agree such access does not create a duty on ResPower to police, monitor, or exert editorial control over content or use on or of the Service. User assumes responsibility for ensuring that user content does not infringe or violate any right of any third party. The use or transmission of any material in violation of any law or regulation is prohibited. This includes, but is not limited to, copyrighted material; material legally judged to be threatening, malicious, or obscene; material protected by trade secret; material that is otherwise deemed to be proprietary; and any material which may subject ResPower to civil or criminal liability or material judged by the sole reasonable discretion of ResPower to be inappropriate or improper. Placement of any such materials on the Service or use of the Service for same shall be construed as a material breach of this Agreement, permitting ResPower to immediately suspend, restrict, or cancel Service without advance notice and notwithstanding any other provision of this Agreement, and without giving refunds for any Pre-Paid fees.
9. Disclaimers and Limitations of Liability.

9.1 RESPOWER MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING OR RELATING TO SUPPORTED RENDER ENGINES, OR ANY MATERIALS OR SERVICES FURNISHED OR PROVIDED TO USER UNDER THIS AGREEMENT, ALL OF WHICH ARE LICENSED "AS IS, AS AVAILABLE" WITH ALL FAULTS. RESPOWER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD-PARTY WITH RESPECT TO BLENDER SOFTWARE AND ALL OTHER MATERIALS AND SERVICES, AND WITH RESPECT TO THE USE OF ANY OF THE FOREGOING.
9.2 IN NO EVENT WILL RESPOWER BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER, OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE, OR USE OF THE SUPPORTED RENDER ENGINES OR SERVICES PERFORMED OR PROVIDED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF RESPOWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RESPOWER'S LIABILITY UNDER THIS AGREEMENT FOR DAMAGES WILL NOT, IN ANY EVENT, EXCEED FEES PAID BY USER TO RESPOWER UNDER THIS AGREEMENT DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THE PROVISIONS OF THIS SECTION ALLOCATE RISKS UNDER THIS AGREEMENT BETWEEN USER AND RESPOWER. THE FEES CHARGED UNDER THIS AGREEMENT REFLECT THIS ALLOCATION OF RISKS AND LIMITATION OF LIABILITY.
9.3 User acknowledges that use of or connection to the Internet is inherently insecure and that connection to the Internet provides opportunity for unauthorized access by a third party to user's computer systems, networks, and information. ALL INFORMATION TRANSMITTED AND RECEIVED THROUGH THE INTERNET CANNOT BE EXPECTED TO REMAIN CONFIDENTIAL AND RESPOWER CANNOT AND WILL NOT WARRANT THE PRIVACY, SECURITY, AUTHENTICITY, AND NON-CORRUPTION OF ANY INFORMATION SO TRANSMITTED, OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET. RESPOWER SHALL NOT BE RESPONSIBLE FOR ANY ADVERSE CONSEQUENCES WHATSOEVER OF USER'S CONNECTION TO OR USE OF THE INTERNET, AND RESPOWER SHALL NOT BE RESPONSIBLE FOR ANY USE BY USER OF USER'S INTERNET CONNECTION OR THE SERVICE IN VIOLATION OF ANY LAW, RULE, OR REGULATION OR ANY VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANOTHER.
10. Infringement, Termination Option, and Indemnification.

10.1 In the event a claim, action, or allegation is brought or threatened by any party which states that the Supported Render Engines or any other intellectual property used by user in conjunction with this Service infringes any parties' intellectual property rights, including, but not limited to, patents, copyrights, or trade secrets, ResPower may, at its sole option, immediately terminate this Agreement without notice to user and no refunds will be paid for any Pre-Paid Fees.
10.2 User shall indemnify ResPower, its affiliates, officers, directors, licensees, and licensors from any and all claims and expenses, including, without limitation, reasonable attorney's fees, arising from user's breach of any provision of this Agreement or asserted by third parties against ResPower arising from user's use of the Service or from any other action or inaction by User.
11. Limitation on Claims.

11.1 No action arising out of any breach, or claimed breach of this Agreement, or transactions contemplated by this Agreement, may be brought by user more than six (6) months after the cause of action has accrued. For purposes of this Agreement, a cause of action will be deemed to have accrued when user knew, or reasonably should have known, of the breach or claimed breach.
12. No Binding Authority

12.1 No employee, agent, representative, or affiliate of ResPower has authority to bind ResPower to any oral representations or warranty concerning the Service. Any written representation or warranty not expressly contained in this Agreement will not be enforceable.
13. Force Majeure

13.1 ResPower shall not incur any liability to user on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control and without negligence of ResPower. Such events, occurrences, or causes may include, without limitation, acts of God, strikes, lockouts, riots, acts of war or terrorism, earthquake, fire and explosions, and power failure or Internet access service interruption.
13.2 User acknowledges and understands that Service may not be available in the event of power failure, or in the event of Internet access service interruption. Should there be an interruption in power supply or Internet access service, Service may not function until some time after power or Internet access is restored.
14. Waiver

14.1 Any waiver of the provisions of this Agreement or of rights or remedies under this Agreement by ResPower must be in writing to be effective. Failure, neglect, or delay by ResPower to enforce any provisions of this Agreement, or its rights or remedies at any time, will not be construed and will not be deemed to be a waiver of ResPower's rights under this Agreement and will not in any way affect the validity of the whole or any part of this Agreement or prejudice ResPower's right to take subsequent action. No exercise or enforcement by ResPower of any right or remedy under this Agreement will preclude the enforcement by ResPower of any other right or remedy under this Agreement that ResPower is entitled by law to enforce.
15. Severability

15.1 If any term, condition, or provision in this Agreement is found to be invalid, unlawful, or unenforceable to any extent, the parties shall endeavor in good faith to agree to such amendments that will preserve, as far as possible, the intentions expressed in this Agreement. If the parties fail to agree on such an amendment, such invalid term, condition, or provision will be severed from the remaining terms, conditions, and provisions, which will continue to be valid and enforceable to the fullest extent permitted by law.
16. Integration

16.1 This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. This Agreement may not be amended, except by a writing signed by both parties.
17. Law

17.1 The Agreement shall be subject to and construed and interpreted in accordance with the laws of the State of Alabama, excepting their choice of law provisions. The parties hereby consent to the exclusive jurisdiction of the state and federal courts located in Madison County, Alabama, for resolution of any disputes arising out of this Agreement.
18. Survival

18.1 Any provisions of this Agreement relating to proprietary rights, warranties, confidentiality, non-disclosure, limitation of liability, and user indemnification obligations and payment obligations shall survive the termination or expiration of this Agreement.
19. Notice

19.1 Any notice required under this Agreement must be in writing and shall be sent to ResPower at the following address:
ResPower, Inc.
2505 Elliott Ave SW
Huntsville, AL 35805

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