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End user licence agreement

Version 1.0 (Store)

Effective date: the date on which THETA Render is first made available in the

Microsoft Store

Licensor: Athanasios A. Bampanelos, an individual, Greece | VAT no.: 062617240

Contact: contact@thetarender.com | Website: thetarender.com

This version applies to THETA Render (NVIDIA edition) obtained from the Microsoft Store.

1. WHAT THIS AGREEMENT COVERS

1.1 This End User Licence Agreement ("Agreement") is between the Licensor named above ("Licensor", "we") and the person or company that gets or uses THETA Render from the Microsoft Store ("you").

1.2 "THETA Render" means the proprietary software written by the Licensor: the THETA Render desktop application, the plug-ins for host programs (such as SketchUp and Rhino), the render workflow files, the pre-computed conditioning files (THETA_*.safetensors) and the app package delivered through the Microsoft Store. This Agreement licenses only these proprietary components ("Proprietary Components").

1.3 THETA Render is delivered together with open-source software and machine-learning models written by others ("Third-Party Components"), including ComfyUI, PyTorch and the FLUX.2 [klein] model. They are licensed under their own terms, which are listed in the Third-Party Notices (THIRD_PARTY.txt, shown under About in the application and installed with it). This Agreement does not replace, restrict or change those terms.

1.4 Relationship to the Microsoft Store terms. You also have an agreement with Microsoft for your use of the Microsoft Store (its terms of use and, where they apply, its standard application licence terms). This Agreement is the licence the Licensor provides for THETA Render and is offered as the additional licence terms for this app. Where the Microsoft Store terms are mandatory for the purchase, payment, delivery or refund of an app, they apply to those matters. For the rights to use THETA Render, this Agreement applies, to the extent the Microsoft Store terms allow. If a mandatory Microsoft Store rule conflicts with this Agreement, the mandatory Microsoft Store rule prevails to the extent of the conflict.

2. PURCHASE

2.1 You get THETA Render through the Microsoft Store. Microsoft sets out in its own Store terms the arrangements that apply to the purchase, payment, tax, invoicing, delivery, refunds and other Store-related matters. Microsoft is not a party to this Agreement. The Licensor provides this licence for THETA Render and remains responsible for the software to the extent required by applicable law. Nothing in this Agreement means that only Microsoft has obligations towards you.

2.2 The licence in this Agreement is granted by the Licensor and takes effect when your purchase in the Microsoft Store is completed (or, for the free trial, when the trial starts).

2.3 Nothing in this Agreement removes a right you have as a consumer under mandatory law, including the remedies for digital content that does not conform to the contract.

2.4 Right of withdrawal and refunds. Withdrawal, cancellation and refund requests for a purchase made in the Microsoft Store are decided and processed by Microsoft under its Store terms and policies. The Licensor does not collect payment, does not receive your payment details, and cannot issue refunds in the Store. This does not affect your statutory rights as a consumer, including for digital content that does not conform to the contract.

2.5 The free trial in clause 4.8 is offered so that you can test THETA Render before you buy. Please test it on your own computer and your own graphics card.

3. ACCEPTANCE

3.1 This Agreement is shown in the Microsoft Store listing and under About in the application, and can be read before you get THETA Render. You accept it by getting, installing or using THETA Render.

3.2 If you do not accept it, do not install or use the Proprietary Components. You may then ask Microsoft for a refund under the Microsoft Store terms and your statutory rights.

4. LICENCE

4.1 Subject to this Agreement, the Licensor grants you a non-exclusive, non-transferable licence, for an unlimited period, to install and use the version of the Proprietary Components that you obtained, for lawful personal or business purposes, including commercial rendering work.

4.2 The licence belongs to the Microsoft account that obtained THETA Render and is personal to one individual user (or, for a company, one named user). It must not be shared. The number of computers on which you may install and use THETA Render is determined by the Microsoft Store and the Microsoft account rules that apply to your purchase from time to time. A second user requires a separate purchase.

4.3 To use THETA Render on another computer, sign in with the same Microsoft account in the Microsoft Store on that computer and install it there. The Licensor does not run activations or deactivations in this version; the licence is managed by Microsoft. If you remove a device from your Microsoft account, follow the Microsoft Store instructions.

4.4 THETA Render is installed and updated only through the Microsoft Store. There is no separate installer to copy.

4.5 The licence is for an unlimited period, but it does not promise that any online service, update, support, future operating system or third-party software will always be available. THETA Render is tested only on the Windows versions and graphics drivers listed on the Microsoft Store page. A later change to Windows or to a graphics driver may stop it working, and the Licensor does not promise to prevent this. This sentence describes technical realities of third-party platforms and does not limit any mandatory rights concerning conformity or required updates, including the rights of a consumer under mandatory law (see clauses 9.3 and 10.2).

4.6 Business use. If a company buys THETA Render, the licence is held by the Microsoft account used for the purchase and may be used by one named user.

4.7 Lost, stolen or failed computers. Because the licence is tied to your Microsoft account and not to one computer, a lost or replaced computer does not use up the licence. Install THETA Render again on another computer, and manage your devices in your Microsoft account.

4.8 Free trial. The Microsoft Store currently offers a free trial of THETA Render for the period shown on the Microsoft Store page. During the trial you may use THETA Render with its full functionality, free of charge, to evaluate it before buying. The trial is your opportunity to check, on your own computer, with your own models and graphics card, that THETA Render works as described on the Microsoft Store page and in the system requirements. You may use the trial for your own work, including commercial work, free of charge, but only for the length of the trial; the trial gives no right after that period, and the other terms of this Agreement apply to it. The trial period is counted and recorded by Microsoft and Windows, not by the Licensor. After the trial THETA Render asks you to get it from the Microsoft Store and cannot be used until you do. Obtaining another trial by circumventing the Microsoft Store's rules is a breach of clause 5.1(c). During the trial clauses 5 to 7 and 9 to 18 apply as they do to a purchased copy, with the trial supplied free of charge.

5. RESTRICTIONS

5.1 Except as this Agreement or mandatory law allows, you must not:

(a) sell, rent, lend, sublicense or distribute the Proprietary Components, or offer them as a standalone product or as part of a service for others;

(b) remove or change copyright, trademark or ownership notices in them;

(c) bypass, disable or tamper with the Microsoft Store licence check or the limit of the free trial;

(d) share your Microsoft account or the licence with others;

(e) copy, modify, decompile, disassemble or reverse engineer the Proprietary Components, except to the extent that mandatory law (including the rules on decompilation for interoperability) permits this regardless of this Agreement; or

(f) use them unlawfully, in a way that infringes the rights of others, or to create, alter or distribute content that is unlawful, that sexualises or exploits minors, or that is sexually explicit without a lawful basis.

5.2 These restrictions apply only to the Proprietary Components. They do not apply to Third-Party Components to the extent their licences give you other rights.

6. OPEN-SOURCE COMPONENTS AND MODELS

6.1 ComfyUI. THETA Render installs ComfyUI Portable 0.39.0, licensed under the GNU General Public License version 3 (GPL-3.0). ComfyUI is a separate program. It runs in the background on your own computer, is reachable only from your own computer, and exchanges data with the THETA Render application through a local network connection. The Proprietary Components are not part of ComfyUI.

6.2 Your rights under GPL-3.0 and the other open-source licences (including the rights to use, copy, modify and redistribute the relevant components) are not limited by this Agreement or by any licence terms the Licensor provides for the Proprietary Components. Where this Agreement conflicts with an applicable open-source licence, the open-source licence prevails for the component concerned. The Third-Party Notices explain where the source code is available.

6.3 THETA custom nodes. The five ComfyUI custom nodes written by the Licensor (theta_clip, image_select, image_router, building_landscape_router, conditioning_select) run inside ComfyUI. They are licensed to everyone under GPL-3.0 and are installed as readable source files in the folder theta_components\custom_nodes.

6.4 Models. THETA Render uses machine-learning models, including FLUX.2 [klein] 4B, each under the licence stated in the Third-Party Notices. You must not use the models in a way that those licences or the law forbid.

6.5 THETA Render is not made, endorsed or supported by Black Forest Labs, Comfy Org, NVIDIA, Trimble, Robert McNeel & Associates or the other owners of the Third-Party Components. SketchUp is a trademark of Trimble Inc. Rhino and Rhinoceros are trademarks of Robert McNeel & Associates.

7. YOUR IMAGES AND RESULTS

7.1 You keep whatever rights you have in the images, models and drawings you load, and the Licensor does not claim ownership of the images THETA Render produces for you. Subject to the law, the licences of the models and the rights of third parties, you may use the results for any lawful purpose, including commercial work.

7.2 The Licensor does not promise that results are unique, protected by copyright, accurate or free of third-party rights.

7.3 THETA Render is not rendering software in the technical sense, such as a ray-tracing or physically based renderer that calculates light, materials and geometry from your model. It is an AI image generator: it takes a picture of your view and uses a generative artificial intelligence model to produce a new image from it. A render is an AI-made interpretation of your view, not an exact reproduction of your model. It may add, remove or change objects, openings, furniture, vegetation, signs or text, and it may alter proportions, geometry, materials, colours and lighting. It does not guarantee that the geometry of your model is kept exactly. Two renders of the same view will differ, and the results are not expected to be accurate.

7.4 Results are illustrations. Do not use them for measuring, dimensioning, drawings, quantities, regulatory submissions or construction information. You must check every result against your model before you show it to a client or rely on it. When you present a result to others, you are responsible for making clear that it is an AI-generated illustration.

7.5 What you agree to receive. The behaviour described in clauses 7.2 to 7.4 is the agreed nature of THETA Render, not a defect; provided that THETA Render otherwise performs substantially as described on the product page and in this Agreement. By buying and using THETA Render you confirm that you have read this clause, that you understand that THETA Render is an AI image generator and not an accurate rendering program, and that you accept this. You should test THETA Render thoroughly with your own views and your own computer during the free trial in clause 4.8 before you buy it, and you should not buy it if the results do not meet your needs.

7.6 Images you load and reporting. THETA Render has no text prompt: it works only from the image you load and from fixed instructions written by the Licensor. You are responsible for the images you load and for how you use the results, and you must not load images you have no right to use or that are unlawful. THETA Render does all its work on your computer; the Licensor does not see, review or store your images or results and does not distribute them. Because the output is produced by an AI model, it may nevertheless contain content you did not expect. If a result seems inappropriate, use About > Report a problem in the application or write to contact@thetarender.com. The Licensor will consider the report and take appropriate action, which may include changes to the application. Nothing in this clause limits liability that cannot be limited by law.

8. LOCAL PROCESSING AND LICENCE CHECK

8.1 THETA Render does its work on your own computer. Your images, projects and renders are not sent to the Licensor or to anyone else.

8.2 Licence check. When THETA Render starts, it asks Windows whether this Microsoft account is licensed or in the free trial. Windows and the Microsoft Store answer this question under Microsoft's own terms and privacy statement. THETA Render sends nothing to the Licensor and runs no licence server of its own in this version. No images, projects or information about your computer are sent to the Licensor.

8.3 Offline use. If Windows cannot answer (for example you are offline), THETA Render keeps working for up to 7 days after the last time the licence was confirmed. After that it needs one successful check. A failed check, or an unclear answer, is never treated as a refund or as a breach of this Agreement.

8.4 Refunds and withdrawn licences. If Microsoft refunds or reverses your purchase, Windows withdraws the licence and THETA Render treats the copy as not licensed at its next successful check. The Licensor does not decide this and does not disable licences itself. If you believe the licence was withdrawn in error, contact Microsoft first and then us at contact@thetarender.com.

8.5 Apart from the licence check made by Windows, THETA Render makes no internet connection, and it does not check for updates by itself. Otherwise it works without an internet connection.

8.6 The Privacy Notice (PRIVACY.txt) describes this in full.

9. UPDATES AND SUPPORT

9.1 The Licensor may publish updates through the Microsoft Store. Unless the Microsoft Store page at the time of purchase says otherwise, updates within the major version you bought (for example, all 1.x versions) are free. A later major version may be offered as a separate product for an additional price, and the version you bought will continue to work. The purchase price covers the version supplied at the time of purchase and any updates expressly included on the Microsoft Store page; future versions may be offered separately, and the Licensor does not promise to develop new features. Updates are delivered and installed by the Microsoft Store according to your Windows and Store settings. Nothing in this Agreement limits any mandatory obligation to provide updates necessary to maintain THETA Render in conformity with the contract under applicable law, including Law 4967/2022 and Directive (EU) 2019/770. For consumers, the period during which such updates must be supplied is determined by applicable law and the reasonable expectations arising from the nature, purpose and price of the software.

9.2 Support is given by email at contact@thetarender.com, with reasonable effort and no guaranteed response time, for the current version and the system requirements shown on the Microsoft Store page. Installing a supported NVIDIA graphics driver is your responsibility.

9.3 If you are a consumer, nothing in this section limits any legal obligation of the Licensor to supply updates that are needed to keep THETA Render in conformity with the contract.

10. WARRANTY

10.1 THETA Render is an independent product made by a small developer. It is supplied "as is", without any guarantee or warranty beyond what the law requires.

10.2 If you are a consumer, you have the statutory rights and remedies for digital content that is not in conformity (such as bringing it into conformity, a price reduction or termination and refund), and this Agreement does not limit them.

10.3 Otherwise, and to the maximum extent the law allows, THETA Render is supplied "as is" and "as available", without any voluntary warranty or guarantee, express or implied, and without any warranty beyond those that cannot be excluded, including as to fitness for a particular purpose, uninterrupted or error-free operation, or compatibility with every computer, graphics card, driver or operating system.

10.4 Third-Party Components are supplied under their own licences, which generally exclude warranties.

11. LIMITATION OF LIABILITY

11.1 To the maximum extent the law allows, the Licensor is not liable for indirect or consequential loss, loss of profit, revenue, savings, goodwill or data, or for business interruption, and is not responsible for professional, design, engineering, construction, regulatory or commercial decisions made using the results.

11.2 The Licensor's total liability for claims arising from THETA Render is limited to the price you paid for the licence concerned (for the free trial, which is free of charge, to the extent the law allows).

11.3 Nothing in this Agreement limits or excludes liability for intent or gross negligence, for death or personal injury, for product liability, or any other liability that cannot be limited or excluded by law, including your rights as a consumer.

11.4 You are responsible for keeping backups of your own files.

12. TERMINATION

12.1 You may stop using THETA Render at any time, and may uninstall it through Windows.

12.2 The Licensor may end this licence if you materially breach this Agreement and, where the breach can reasonably be remedied, you do not remedy it within 14 days of written notice. In the Microsoft Store version the Licensor has no tool of its own to disable a licence; the licence is managed by Microsoft. If the breach is serious or cannot be remedied, the Licensor may report it to Microsoft under the Microsoft Store terms and ask Microsoft to take the steps its terms allow. This clause does not limit any mandatory rights that you have as a consumer.

12.3 When this licence ends, your right to use the Proprietary Components ends immediately. Ending this Agreement does not take away any right you hold under an applicable open-source licence.

13. INTELLECTUAL PROPERTY

13.1 The Licensor keeps all rights in the Proprietary Components, including the name and logo THETA Render, except the rights expressly granted here. Third-Party Components belong to their owners.

14. PERSONAL DATA

14.1 Personal data is handled as described in the Privacy Notice. This Agreement is not consent to marketing or analytics, and THETA Render contains no analytics.

15. LAWS

15.1 You must use THETA Render in compliance with the laws that apply to you, including export-control and sanctions laws.

16. CHANGES

16.1 The Licensor may publish a new version of this Agreement for new versions of THETA Render. A new version does not change the terms of a licence you have already bought without your agreement, unless the change is required by law or is only in your favour.

17. GOVERNING LAW AND COURTS

17.1 This Agreement is governed by Greek law. If you are a business, the courts of Athens have exclusive jurisdiction.

17.2 If you are a consumer, this clause does not take away the protection of the mandatory rules of the country where you live, and you may bring a claim in the courts of that country.

18. GENERAL

18.1 This Agreement, the Privacy Notice and the Third-Party Notices are the whole agreement about THETA Render between you and the Licensor. If a provision is invalid, the rest stays in force and the invalid provision is replaced by a valid one that comes closest to its purpose.

18.2 This Agreement is written in English. A translation may be provided for convenience; if they differ, the English text prevails, unless mandatory law requires otherwise.

18.3 Notices to the Licensor: Athanasios A. Bampanelos, by email to contact@thetarender.com. The postal address is on the product page at thetarender.com.