END USER LICENSE AGREEMENT
IMPORTANT: THIS IS A LICENSE, NOT A SALE
Unless otherwise provided for in this End User License Agreement (EULA), and unless you have a written agreement with more3D providing for additional use, this EULA gives you permission to install and use one (1) copy of this Software (as defined below) on one (1) computer or electronic device at any given time as set out in more detail below.
IMPORTANT NOTICE: PLEASE READ THIS EULA CAREFULLY. BY DOWNLOADING, ACCESSING, INSTALLING, OR USING THE SOFTWARE AND DOCUMENTATION (collectively “SOFTWARE”), YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE SOFTWARE. THIS EULA CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY AND EXCLUSIVE REMEDIES. THE PROVISIONS BELOW FORM THE ESSENTIAL BASIS OF OUR AGREEMENT. THE CURRENTLY APPLICABLE VERSION OF THIS EULA IS LOCATED AT: http://eula.more3d.com
This EULA is a legal agreement between You and more3D GmbH & Co. KG, Mainzer Straße 276, 53179 Bonn, Germany (“more3D”, “Us”, “We”, or “Our”) regarding Your use of the Software. Unless You have another written agreement with more3D regarding this Software, Your use of this Software is governed by this EULA.
IF YOU AGREE TO THIS EULA, YOU ARE GRANTED A LIMITED, PERSONAL, WORLDWIDE, NON-ASSIGNABLE, NON-SUBLICENSABLE, NON-TRANSFERABLE, AND NON-EXCLUSIVE LICENSE FOR AGREED REMUNERATION TO USE THE SOFTWARE, WHICH MAY BE LIMITED IN TIME AS SET FORTH BELOW. UNLESS HEREINAFTER AGREED OTHERWISE, YOU ARE PERMITTED TO USE ONE (1) COPY OF THE SOFTWARE FOR YOUR (A) PRIVATE, NON-COMMERCIAL PURPOSES (“PRIVATE USER”), AND/OR (B) COMMERCIAL PURPOSES IN A COMMERCIAL BUSINESS (“BUSINESS USER”). THIS SOFTWARE IS LICENSED PER HOUSEHOLD OR PER SINGLE ADDRESS (“ADDRESS”). EXCEPT FOR THE MORE3D PRODUCTS AND / OR COUNTRIES LISTED BELOW, YOU MAY ONLY DOWNLOAD AND INSTALL THE SOFTWARE ON ONE COMPUTING DEVICE. THE PRODUCT IS PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE (“DRM SOFTWARE”). AN INTERNET CONNECTION AND INSTALLATION OF THE MORE3D ACTIVATION TOOL SOFTWARE AND REGISTRATION WITH ENCLOSED PRODUCT KEY ARE REQUIRED TO ACTIVATE THE SOFTWARE AFTER INSTALLATION ON ANY COMPUTER, AUTHENTICATE YOUR COMPUTER AT ANY GIVEN TIME. WHILE THERE IS NO LIMIT TO THE TOTAL NUMBER OF COMPUTERS ON WHICH THE PRODUCT MAY BE INSTALLED, YOU MAY ONLY ACTIVATE THE PRODUCT ON ONE (1) DISTINCT COMPUTERS. TO TRANSFER THE LICENSE BETWEEN COMPUTERS, YOU MUST FIRST DEACTIVATE THE SOFTWARE LICENSE ON THE ACTIVE COMPUTER BEFORE YOU CAN ACTIVATE THE PRODUCT ON ANY OTHER COMPUTER. IF YOU CIRCUMVENT THE DRM SOFTWARE, THE PRODUCT WILL NOT BE ACCESSIBLE ANYMORE AND THE LICENSE GRANTED PER THIS END USER LICENSE AGREEMENT WILL BE DEEMED TERMINATED FOR MATERIAL BREACH. YOU ARE RESPONSIBLE FOR KEEPING THE SERIAL CODE OF THIS PRODUCT AT ALL TIMES. IF YOU HAVE PURCHASED MULTIPLE LICENSES FOR THE SOFTWARE, AT ANY TIME YOU MAY HAVE AS MANY COPIES OF THE SOFTWARE IN USE AS YOU HAVE LICENSES. MORE3D RESERVES THE RIGHT TO STORE ACTIVATION INFORMATION (“MAC-ADRESS”) OF THE COMPUTER AND TIME OF ACTIVATION. NO OTHER DATA SHALL BE COLLECTED.
LICENSE TO USE THE SOFTWARE. You receive a usage right (license) to the Software, but you do not own the Software itself. You may not allow the Software to be accessed, operated, or viewed from, or installed or uploaded to, other computers through a network connection. You agree that if the Software requires mandatory registration, activation, or email validation, You will complete the process providing more3D with accurate information. Your technical ability to use the Software is suspended until you complete the activation and/or registration process. The Software may include digital images, 3D models files, stock photographs, clip art, fonts, sounds or other works protected by copyright (“Stock Files”). The responsibilities and restrictions relating to the Software apply equally to the Stock Files. more3D reserves all rights not expressly granted to You in this EULA.
The software product can only be used by You on one (1) computing device at a time. Volume Licenses can be activated multiple times, until volume limit is exceeded. OEM, Academic, and Not-For-Resale versions are not eligible for this benefit.
ADDITIONAL TERMS APPLICABLE TO SOFTWARE PURCHASED OUTSIDE OF THE EUROPEAN ECONOMIC AREA: If You are located in a state outside the European Economic Area (consisting of the member states of the European Union (EU) as well as Iceland, Liechtenstein, and Norway) (EEA) where you also want to purchase and use the Software, the following shall apply: You must lawfully acquire the Software from Our authorized resellers. Otherwise, You do not have the right to use the Software. For the avoidance of doubt, You may only purchase the Software from more3D’s authorized store, eStore, or website that is located in the country where you want to deploy the Software.
ADDITIONAL TERMS APPLICABLE TO SOFTWARE PURCHASED IN THE REPUBLIC OF INDIA: If You are located in the Republic of India where you also want to purchase and use the Software, the following shall apply: You must lawfully acquire the Software from Our authorized resellers. Otherwise You do not have the right to use the Software. For the avoidance of doubt, You may only purchase the Software from more3D’s directly or a more3D’s authorized store, eStore, or website that is located in the Republic of India’s.
ADDITIONAL TERMS APPLICABLE TO SOFTWARE PURCHASED IN CHINA: If You are located in China where you also want to purchase and use the Software, the following shall apply: You must lawfully acquire the Software from Our authorized resellers. Otherwise You do not have the right to use the Software. For the avoidance of doubt, You may only purchase the Software from more3D’s directly or from a more3D’s authorized store, eStore, or website that is located in China.
YOUR RESPONSIBILITIES WHILE USING THE SOFTWARE. The Software may include product activation and other technology designed to prevent unauthorized use and copying. You may not sell, rent, lease, resell or loan the Software. However, You are explicitly free to sell or resell the Software if the Software has been placed on either the EU or EEA market with more3D’s consent and to the extent that more3D’s copyright is exhausted. For Software acquired by download, this is the case only if all of the following conditions are met:
1. Previously the Software was lawfully traded by more3D itself or with the approval of more3D. This is the case only when more3D has given its approval to download a copy of the Software in return for payment of a fee designed to compensate more3D for the economic value of the copy of the software.
2. You make each individual copy of the Software useless in case of resale.
3. You provide the purchaser the information necessary to determine the extent of proper use.
Should You not be the lawful first buyer of (the rights to) the Software, but rather have purchased used Software, You are only entitled to use the Software to the extent You have lawfully acquired the Software. Your rights to the Software are defined and restricted by the terms and conditions of this EULA.
If You purchase the Software as a gift to a third person, the third person must accept the terms of this EULA before using the Software. You may not reverse engineer, decompile, or disassemble the Software. While We own Our Software, You own and are responsible for the content that You create or have created for You resulting from the use of Our Software (including any add-ons or plug-ins to Our Software that You create or have created for You) (“Content”). You agree that, in connection with Your use of the Software, You are responsible for the direct and/or indirect consequences of any of the (a) Content You create and (b) third-party photos or images that You use or modify in creating Your Content, especially in situations where You share Your Content with third parties, such as members of social networking sites (e.g., Facebook, Flickr, LinkedIn, etc.). more3D can neither monitor nor control what third-party social networking sites or the members or users of such sites do with the Content You share. You are responsible for independently verifying the accuracy and completeness of Your Content (e.g. any technical illustrations or diagrams for operation guides, parts catalogs, schematics, writing diagrams, assembly instructions, maintenance manuals, architectural presentations or other materials You create and/or modify using Our Software). You may not modify or create derivative works based upon the Software. You represent and warrant to Us that You will comply with all applicable laws and regulations impacting Your use of the Software, including data protection and privacy laws. You agree that You will not use the Software in a way that is unlawful or that violates the rights of a third party. If we get sued or a claim is brought against Us by a third party due to (a) Your negligent actions, (b) Your failure to act when required, or (c) Your illegal Content, then You agree to defend, indemnify, and hold more3D harmless.
UPDATES. As part of the software installation process, you must first consent to the installation of the Software onto your computing device. more3D publishes Software updates, bug fixes, feature enhancements, or improvements (“Updates”) in half-yearly intervals. Access to updates requires an active maintenance contract. If Updates are not installed, You may not receive full benefit of the Software or the Software may not perform properly. more3D has no obligation to provide any support to the Software without the installation of such Updates. Updates are made available at more3D’s sole discretion.
USER GENERATED FEEDBACK. You have no obligation to provide more3D with ideas, suggestions, documentations, and/or proposals (“Feedback”). However, if you submit Feedback to more3D, while you retain ownership of such Feedback, you hereby grant more3D a nonexclusive, royalty-free, perpetual, irrevocable, transferable, unlimited license under all of your Intellectual Property Rights to use and otherwise exploit your Feedback for any purpose world-wide. Further, by submitting Feedback, you represent and warrant that (i) your Feedback does not contain the confidential or proprietary information of you or of third parties; (ii) more3D is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) more3D may have something similar to the Feedback already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from more3D for the Feedback under any circumstances.
OUR INTELLECTUAL PROPERTY RIGHTS. The Software is protected by German and international intellectual property laws, and treaty provisions. Therefore, You may not distribute the Software without Our permission unless otherwise provided for in this EULA or by law. If You purchase or download the Software in China, India, Indonesia, or Vietnam, You may not copy the Software for any purpose. If You purchase or download the Software in a country not specifically prohibited under this EULA, You may (in addition to the usage copies mentioned above) only make one (1) copy of the Software or You may keep one (1) copy of the Software on a single computing device for backup or archival purposes. For backup or archival purposes only, You may either make only one (1) copy of the Software and the Printed Materials or print one copy of any user documentation if You downloaded the Software or You may keep one (1) copy the Software on a single computing device. Unless otherwise permitted by mandatory law, You may not copy the Software. You agree that more3D, the more3D logos, and other more3D trademarks, service marks, and graphics are trademarks of more3D or are trademarks of more3D’s partners (“Marks”). You are not granted a right to use Marks without the owner’s permission, unless permitted by mandatory law. You will not remove, obscure, or alter any proprietary notices affixed to or contained within the Software. You understand and agree that We have the right to stop selling, distributing, servicing, or updating the Software (or any part of it) and services or offerings at any time.
BUSINESS USERS: If You are a business, You agree to maintain records, systems and/or procedures that accurately record the number of copies of the Software that have been acquired and installed on Your Computers and keep the records for two (2) years from the date Your license to use the Software ends. more3D or an agent of more3D may conduct an audit (remotely or at Your facility) of records and systems from Your business to verify that Your installation of the Software conforms with a valid license from more3D and with the terms and conditions of this EULA. You are obliged to support more3D’s audit to the best of Your abilities. more3D will not conduct more than one (1) audit per year. more3D will respect Your legitimate interests, the protection of confidential information and applicable law. If You substantiate legitimate confidentiality interests, more3D shall be obliged to have the audit done by an independent auditor being subject to strict confidentiality obligations. If the audit results find that Your use does not conform to a valid license, then You will immediately obtain a valid license for the Software; in such case more3D reserves the right to claim reimbursement of the audit costs from You. No user data shall be collected, aside from verfication of correct more3D software activation, MAC Address and activation timestamp.
PRE-COMMERCIAL RELEASE OR BETA SOFTWARE. If the Software You have received or are accessing with this EULA is a pre-commercial release or a beta version and you have agreed to receive a pre-commercial release or beta version, then You understand the Software is a pre-release, non-commercial version and does not represent a final product of more3D. The Software may contain bugs, errors and other problems that could cause computer system failures and data loss. THEREFORE, ALL PRE-RELEASE OR BETA SOFTWARE IS PROVIDED ON AN “AS-IS” BASIS. RESTRICTIONS OF LIABILITY APPLY AS STIPULATED BELOW.
ACADEMIC SOFTWARE. If the Software is identified as an academic or education edition version in the user documentation, on the purchase or download page of the website, and You qualify as an academic end user, You may install and access one (1) copy of the Software on up to the permitted number of computers, as agreed to by You and more3D, but only for educational or exclusively private purposes and for no other purpose. Academic versions of the Software may not be used for commercial, professional or other for-profit purposes. Notwithstanding the foregoing, You are not entitled to use the Software unless You qualify in Your jurisdiction as an academic end user (e.g., student or personal learning versions of the Software may only be used by faculty, staff members and degree, diploma or certificate-seeking students at qualified educational institutions). Contact more3D via Our web page (www.more3D.com) to determine whether You qualify as an academic end user Work product and other data created with academic or education edition versions of the Software may contain certain notices and limitations that make the data unusable outside the educational use area. If You combine or link data created with educational institutional versions, student versions or personal learning editions of the Software with data otherwise created, then that data may also be affected by these notices and limitations.
EVALUATION SOFTWARE. If the Software is identified as a demonstration, evaluation, or trial version (“Evaluation Version”) in the applicable user documentation, You may install and access one (1) copy of the Software only for the purpose of evaluation and/or demonstration. Unless You are authorized by more3D, You may not use Our Software for competitive analysis or commercial, professional, or other for-profit purposes. You understand that at the end of the evaluation period, You must either stop using the Software or pay for the Software to continue using it. If You fail to pay for it, then Your license terminates. Upon expiration of the evaluation period, You will immediately discontinue use of the Evaluation Version and delete and destroy all electronic copies of the Evaluation Version including, but not limited to, all user documentation that may have been provided as part of the evaluation from Your computer and any other computer devices on which You have installed the Evaluation Version. Any attempt to circumvent any expiration date technology is in violation of this EULA and will automatically and immediately terminate Your license to use the Evaluation Version.
LIMITED AND RESTRICTED WARRANTY (COUNTRIES OTHER THAN THOSE LISTED SEPARATELY BELOW UNDER “ADDITIONAL EULA TERMS”). The Software when properly installed and under normal use will substantially conform to the features and functionality as set forth in the documentation accompanying the Software; however, the Software may contain immaterial bugs and errors. Therefore, the Software – as the case may be in deviation of applicable statutory law – is provided on the basis that remedies regarding such immaterial bugs and errors will only be provided from time to time by bug fixes. This warranty is not valid for purchasers of used Software. Any replacement Software will be warranted for the remainder of the original warranty period. YOU ASSUME ALL RESPONSIBILITIES FOR CHOOSING, INSTALLING, AND USING THE SOFTWARE. UNLESS OTHERWISE PROVIDED FOR REGARDING SPECIFIC COUNTRIES AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MORE3D DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. SOME STATES OR COUNTRIES DO NOT ALLOW THE WARRANTY EXCLUSION OR LIMITATIONS; THE ABOVE LIMITATION MAY NOT APPLY TO YOU. In such instances, more3D may remedy substantial defects of the Software at its reasonable discretion by (a) providing a patch, Update or replacement of the Software, or (b) asking for return of the Software and cancelling this EULA. You are entitled to a reduction of the purchase price or a rescission of this EULA only if more3D has repeatedly failed to remedy the defect after a reasonable period of time. If You are a Private Users, Your claims under this clause are time-barred in twenty-four (24) months from receipt of Software; if You are a Business User, Your claims under this clause are time-barred in twelve (12) months. If You alter the Software in any way without being authorized by more3D, more3D will not remedy defects caused by such alteration and You are liable for any damages incurred by more3D due to Your unauthorized alteration. IF YOU INSTALL PRE-RELEASE VERSION PRODUCTS MARKED AS SUCH, YOU DO SO AT YOUR OWN RISK. Pre-release version products are to be used only for test purposes in testing environments and must not be used for production purposes. To make a warranty claim You must provide a detailed error description to more3D Customer Service or, at more3D’s request, return the Software along with any return materials authorization information provided to You by more3D, at more3D’s expense, to more3D GmbH & Co. KG, Mainzer Straße 276, 53179 Bonn, Germany. For further warranty information, please contact more3D Customer Service at www.more3D.com.
THE SOFTWARE MAY CONTAIN “OPEN SOURCE” MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT, GNU GENERAL PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, BOOST SOFTWARE LICENSE OR SIMILAR LICENSE). MORE3D MAKES NO WARRANTIES WITH RESPECT TO OPEN SOURCE MATERIALS CONTAINED IN THE SOFTWARE.
NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MORE3D OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MORE3D’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
RESTRICTIONS OF LIABILITY REGARDING CUSTOMERS IN GERMANY
more3D is liable for damages based on an intentional or grossly negligent breach of duty or malice by more3D, its legal representatives or persons whom it uses to perform its obligations. Insofar as more3D is liable for malice pursuant to sentence 1, compensation for damages of commercial customers is limited to the foreseeable, typically arising damages.
Further, more3D is also liable for damages that are caused by simple negligence if the negligence concerns the breach of such contractual obligations the fulfillment of which is of particular importance to achieving the purpose of the contract and in which You may therefore regularly trust (cardinal obligation; Kardinalpflicht). In this case, liability is limited to the foreseeable, typically arising damages.
more3D also assumes liability to the extent it has provided a guaranty as to quality or durability within the context of this guarantee.
Further contractual or statutory liability is – to the extent legally permitted – excluded without regard to the legal status of the claim asserted.
Where more3D’s liability is excluded or limited, this also applies to the personal liability of its employees, representatives and persons whom it uses to perform its obligations as well as more3D’s responsibility for their behavior.
U.S. GOVERNMENT-RESTRICTED RIGHTS. The Software and any accompanying documentation are “commercial computer software” and “commercial computer software documentation,” under DFAR Section 227.7202 and FAR Section 12.212. Any use, modification, reproduction release, performance, display or disclosure of the Software and accompanying documentation by the U.S. government will be governed solely by the terms of this EULA and will be prohibited except to the extent expressly permitted by the terms of this EULA.
EXPORT RESTRICTIONS. You may not download, distribute, export, re-export, or redistribute the Software, including any more3D shareware product, (a) into, or to a national or resident of any country to which the United States has embargoed goods, or (b) to anyone on the United States Treasury Department’s list of ‘Specially Designated’ nationals or the United States Commerce Department’s ‘Table of Deny Orders’. By downloading or using the Software, You represent and warrant that You are not located in, note under the control of, nor a national or resident of any such country or on any such list. Except pursuant to an express, written, fully-executed agreement with more3D, You may not purchase a license to use the Software for the purpose of exporting it to a U.S.-embargoed country, nor may You retain the services of a third party to purchase a license to use the Software if in doing so You will require such third party to send (via any means, electronic or otherwise) the Software to You in a U.S.-embargoed country.
This EULA is the entire agreement between You and more3D and supersedes any other communications or advertisements with respect to the Software and documentation. The Software, or any feature or part thereof, may not be available in all languages or in all countries.
If and to the extent any provision of this EULA is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable but only to the extent of its illegality, invalidity, or unenforceability. No term or provision in this EULA will be considered waived, and no breach excused, unless such waiver is in writing signed on behalf of the party against whom the waiver is asserted. No waiver (whether express or implied) will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach. No modifications or amendments to this EULA will be binding upon more3D unless made in writing and duly executed by You and an authorized representative of more3D.
Some Software versions may not be compatible with various computer operating systems and more3D may not release Updates (particularly Updates establishing compatibility). Your Software may not be compatible with computer operating systems that You may purchase now or in the future. You understand that Software may be incorporated into, and may incorporate itself into, software and other technology owned and controlled by third parties. This EULA remains effective with such incorporation. Any and all other third-party software or technology that may be distributed together with the Software (as bundled third-party software) may be subject to You explicitly accepting a license agreement with that third party. more3D’s licensors shall be a direct and intended third party beneficiary of this EULA.
This EULA specifically excludes the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such ‘Convention’, if otherwise applicable. Except as expressly set forth herein to the extent permitted by applicable law, this EULA shall not prejudice the non-excludable, statutory rights of any party dealing as a consumer.
For users in the European Union, Iceland, Norway and Switzerland
If You acquired the Software in the European Union, Iceland, Norway or Switzerland, then local law applies. In general any dispute between You and more3D regarding this EULA will be subject to the exclusive jurisdiction of the federal and provincial courts sitting in Bonn, Germany.
ADDITIONAL EULA TERMS
ADDITIONAL TERMS APPLICABLE TO FIXED TERM LICENSES: Subject to the terms and conditions of this EULA, in the instance of a fixed term license, the license to use the Software begins on date of purchase and shall be for the duration identified by more3D. Use of the software before or beyond the applicable fixed term, or any attempt to defeat the time-control disabling function in the Software, is an unauthorized use and constitutes a material breach of this EULA and applicable law.
ADDITIONAL TERMS APPLICABLE TO USERS OF SOFTWARE LOCATED IN GERMANY OR AUSTRIA: If You obtained the Software in Germany or Austria, then mandatory German and Austrian product liability and other consumer protection laws concerning remedies for defective goods shall apply and govern any inconsistencies between such laws and the provisions of this EULA set forth above.
Regarding WARRANTY the following shall apply: The Software when properly installed and under normal use will substantially conform to the features and functionality as set forth in the documentation accompanying the Software. However, the Software may contain immaterial bugs and errors. Therefore, the Software – as the case may be in deviation of applicable statutory law – is provided on the basis that remedies regarding such immaterial bugs and errors will only be provided from time to time by bug fixes.
Regarding LIABILITY the provisions under RESTRICTIONS OF LIABILITY REGARDING CUSTOMERS IN GERMANY shall apply.
ADDITIONAL TERMS APPLICABLE TO USERS OF HARDWARE OR SOFTWARE LOCATED IN THE UNITED KINGDOM: If (a) You are acting as a consumer and the United Kingdom is Your legal residence; (b) You entered into this EULA in the United Kingdom; and (c) You have obtained the Software in the United Kingdom, then the limitation of liability and warranty provisions set forth in applicable consumer protection and warranty laws of the United Kingdom shall apply and govern any inconsistencies between such laws and the provisions of this EULA set forth above.
ADDITIONAL TERMS APPLICABLE TO USERS OF HARDWARE OR SOFTWARE LOCATED IN AUSTRALIA:
LIMITED WARRANTY (AUSTRALIAN CONSUMERS ONLY)
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for “major failure” and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.
The term “major failure” is defined in the Australian Consumer Law and includes but is not limited to where the goods are substantially unfit for purpose and cannot easily and within a reasonable time be remedied to make them fit for such a purpose, or where the goods depart in one or more significant respects, if they were supplied by description – from that description.
The warranty provided under this section is provided by more3D GmbH & Co. KG, Mainzer Straße 276, Germany.
The Software when properly installed and under normal use will substantially conform to the features and functionality as set forth in the documentation accompanying the Software; however, the Software may contain normal bugs and errors. Bug fixes and Updates will be provided from time to time.
EXCLUSIONS (AUSTRALIA ONLY)
The warranty provided under this section does not cover defects or problems that arise due to You causing the Software to become of unacceptable quality, such as failure to take reasonable care or damage caused by abnormal use. Further, You assume all responsibilities for choosing, installing, and using the Software.
Except as set out above, to the maximum extent permitted by applicable law, more3D disclaims all other warranties, either express or implied, including but not limited to non-infringement with respect to the Software and the accompanying written materials.
If You alter the Software in any way without being authorised by more3D, more3D will not remedy defects caused by such alteration and You are liable for any damages incurred by more3D due to Your unauthorised alteration. If you install pre-release version products marked as such, you do so at your own risk. Pre-release version products are to be used only for test purposes in testing environments and must not be used for production purposes.
HOW TO CLAIM UNDER THE WARRANTY (AUSTRALIA ONLY)
For the warranty to be honoured, you must contact more3D’s Customer Service www.more3D.com. More detailed RMA instructions together with shipping information and an RMA number will then be sent to you by email. You will be required to provide proof of purchase the Software.
INDIRECT AND CONSEQUENTIAL LOSS – AUSTRALIA
TO THE EXTENT PERMITTED UNDER AUSTRALIAN LAW, MORE3D SHALL HAVE NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MORE3D OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER INDIRECT PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ADDITIONAL TERMS APPLICABLE TO USERS OF SOFTWARE CONTAINING SHAREWARE: Certain Software are shareware and as such are acquired without charge and can be used for a limited period of time for evaluation purposes and are subject to the particular end user license for such shareware.
USE OF PUBLIC DOMAIN SOFTWARE VRPN
The initial release of VRPN (The Virtual Reality Peripheral Network) was placed into the public domain on 5/4/1998 by the copyright holder Russell M. Taylor II at the University of North Carolina at Chapel Hill.
To protect all VRPN contributors from liability without restricting the use of VRPN, as of July 22, 2010, future versions of VRPN (versions 7.27 and higher) are being released under the Boost Software License 1.0, which is as follows: Boost Software License 1.0 (BSL1.0)
Permission is hereby granted, free of charge, to any person or organization obtaining a copy of the software and accompanying documentation covered by this license (the “Software”) to use, reproduce, display, distribute, execute, and transmit the Software, and to prepare derivative works of the Software, and to permit third-parties to whom the Software is furnished to do so, all subject to the following:
The copyright notices in the Software and this entire statement, including the above license grant, this restriction and the following disclaimer, must be included in all copies of the Software, in whole or in part, and all derivative works of the Software, unless such copies or derivative works are solely in the form of machine-executable object code generated by a source language processor.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Notwithstanding anything to the contrary contained herein, in the case of open source Font Software, such may be used and/or re-distributed in accordance with applicable open source licenses.
February 2020 | Version 1.1