EULA uv-packer

3D-IO GmbH Computer End User License Agreement (EULA) for “3d-io UV-Packer for Autodesk 3ds Max”

 

IMPORTANT – READ CAREFULLY:
This End User License Agreement (“License Agreement”) is a legal agreement between you (either an individual or an entity) and 3d-io a company under German law with residence in Wiesbaden, Germany. By signing this document or clicking on the “Accept” button, installing, copying or otherwise using 3d-plugin Products, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, click on the “Cancel” button and/or do not install 3d-plugin Products.
THIS PRODUCT MUST BE REGISTERED WITHIN 30 DAYS BEFORE YOU CAN CONTINUE USING THE SOFTWARE FOR AN UNLIMITED TIME

By downloading any Software from 3d-io GmbH (hereafter referred to as “3d-io”), installing or using this Software or any part of it, including any component, script or delivered documentation and supplemental information material, you agree to the following terms and conditions (the “Terms and Conditions”).

 

GENERAL
This is a license agreement and NOT an agreement for sale. Under this contract 3d-io grants to you a non-exclusive license to use 3d-plugin Products, which is software and documentation. 3d-plugin Products itself as well as the copy of 3d-plugin Products or any other copy you are authorized to make under this contract remain the property of 3D-IO at all times.

 

1. REFUND POLICY / LIMITED WARRANTY
3d-io does not offer refund on the digital products bought in the shop or otherwise. We sell exclusively to commercial users who can evaluate the software via the demo versions before making a purchase decision.
3d-io warrants that 3d-plugin products will perform in accordance with the documentation. 3d-io cannot warrant that 3d-plugin products will work together with other software and plug-ins from other 3rd party developers, because of the complexity of such interactions between different operating systems or software packages. The user may however immediately report such incompatibilities for further inspection by 3d-io. Such a report has to be done in writing.

 

2. USE OF SOFTWARE
2a) 3d-io grants you the non-exclusive, non-transferable, limited right and license to install and use this Software. Products and its manual and other accompanying printed material and “online” or electronic documentation with equipment owned by you or under your control, according to the terms and conditions of this Agreement.
2b) One license allows you to use one copy of the software on only one computer at one location at any one time.
To “use” the 3d-io Software means that the software is either loaded in the temporary memory (i.e., RAM) of a computer, or installed on the permanent memory of a computer (i.e., hard disk, CD ROM, etc.).
2c) Multiple use and network operation: If this Software is a Network Version, you may use it only over an internal local area network environment with the 3d-io Floating License Tool, and you may install and operate 3d-plugin Products on a single server computer in a single location which may be accessed by other computers, or on an individual computer, as a multiple-user installation with either:
(1): The maximum number of concurrent users being one (1), so that multiple individuals may access or use 3d-plugin Products, but that only one person at a time may do so,
or
(2): The maximum number of concurrent users being more than one (1), in which case you must purchase single seat licenses for each additional concurrent user.
The use of software or any device that reduces the number of computers/devices which access 3d-plugin Products’ licensing tool: usage in a Server configuration may interfere with or damage the licensing tool or prevent 3d-plugin Products from running properly. In no case will such a device “reduce” or prevent you from buying the number of single seat licenses required.
To “use” the 3d-io Software means that the software is either loaded in the temporary memory (i.e., RAM) of a computer, or installed on the permanent memory of a computer (i.e., hard disk, CD ROM, etc.).
2d) You may not use the Software in any manner that could damage, disable, overburden, or impair the Software (or servers or networks connected to the Software), nor may you use the Software in any manner that could interfere with any other party’s use and enjoyment of the Software (or servers or networks connected to the Software).
2e) You agree that you are solely responsible for (and that 3d-io has no responsibility to you or to any third party for) your use of the Software, any breach of your obligations under the Terms and Conditions, and for the consequences (including any loss or damage which 3d-io may suffer) of any such breach.
2f) If 3d-plugin Products is identified as a demonstration, evaluation, or NFR version, you may use it only for the purpose of commercial evaluation and demonstration. Such licenses are generated for a specific fixed time period. After a NFR license has been expired, all related documentation and data must be destroyed or sent back to 3D-IO or the dealer who handled the NFR version. You may not use it for commercial, professional, or for-profit purposes.

 

3. PROPRIETARY RIGHTS
The 3d-io Software is protected by copyright law.
3d-io is a trademark of 3d-io games & video production GmbH and protected by copyright law (Nr. 30 2011 056 278, Markenrecht Bundesrepublik Deutschland).
You acknowledge that
3a) the Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws,
and
3b) 3d-io and/or third parties own all right, title and interest in and to the Software and content, excluding content provided by you, that may be presented or accessed through the Software, including without limitation all Intellectual Property Rights therein and thereto.
“Intellectual Property Rights” means any and all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all Software, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to:
– copy (except for backup purposes), distribute, rent, lease, loan, modify or create derivative works of, adapt, translate, sublicense or transfer the 3d-io Software or any documentation accompanying the 3d-io Software. You may not transfer the 3d-io Software or its License.
– copy, distribute, rent, lease, loan, modify or create derivative works of, adapt, translate, sublicense or transfer any information from 3d-io Software, including without limitation, any part of the 3d-io Software, or any component, script or delivered documentation and supplemental information material.
– reverse engineer, disassemble or decompile, or attempt to reverse engineer or derive source code from, all or any portion of the 3d-io Software, or from any information accessible through the 3d-io Software (including, without limitation, data packets transmitted to and from 3d-io servers over the Internet), or anything incorporated therein, or analyze, decipher, “sniff” or derive code (or attempt to do any of the foregoing) from any packet stream transmitted to or from 3d-io Servers, whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly waive any legal rights you may have to do so. If the 3d-io Software and/or the 3d-io Server contain license management technology, you may not circumvent or disable that technology.
– take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Software
– use the Software to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights
– remove, obscure, or alter 3d-io’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software.
– install or use 3d-plugin License Manager on the Internet or over a wide area network.
– utilize any equipment, device, software, or other means designed to circumvent or remove any form of copy protection used by 3D-IO in connection with 3d-plugin Products, or use 3d-plugin Products together with any authorization code, serial number, or other copy protection device not supplied by 3D-IO directly or through an authorized reseller.

 

4. 3D-IO TERMS OF SERVICE AND PRIVACY POLICY
4a) 3d-io’s Privacy Policy (located at https://www.3d-plugin.com/privacy-policy) explains how 3d-io treats your information and protects your privacy when you use the Software. You agree to the use of your data in accordance with 3d-io’s privacy policies.
4b) The Software may contain features that are used in conjunction with other 3d-io Software and other services. Accordingly, your use of such features of the Software is also governed by 3d-io’s Terms of Service located at https://3d-plugin.com/terms-conditions, as well as any applicable 3d-io Service-specific Terms of Service and Privacy Policy, which may be updated from time to time and without notice.
4c) For the purpose of customer registration and control of proper use of the programs 3d-io will store personal data of the users in accordance with the German law on Personal Privacy and Data Protection. This data may only be used for the above-mentioned purposes and will not be accessible to third parties.

 

5. TERMINATION
These Terms and Conditions will continue to apply until terminated by either you or 3d-io as set forth below. You may terminate these Terms and Conditions at any time by permanently deleting the Software from your computer or server in its entirety. Your rights automatically and immediately terminate without notice from 3d-io or any Third Party if you fail to comply with any provision of these Terms and Conditions. In such event, you must immediately delete the Software.

 

6. INDEMNITY
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless 3d-io, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney fees) arising out of or accruing from your use of the Software, including your downloading, installation, or use of the Software, or your violation of these Terms and Conditions.

 

7. CONFIDENTIALITY
7a) All Licensing information, including license files, descriptions of code activation and written instructions of any kind created by 3d-io GmbH are only intended for the licensed user of this software and no one else. Such information may not be spread or distributed in any form to other users.

7b) For the purpose of customer registration and control of proper use of the programs 3d-io GmbH will store personal data of the users in accordance with the German law on Personal Privacy and Data Protection. This data may only be used for the above-mentioned purposes and will not be accessible to third parties.

 

8. DISCLAIMER OF WARRANTIES
8a) You expressly understand and agree that your use of the software is at your sole discretion and risk and that the software is provided as is and as available without any warranty of any kind.
8b) You are solely responsible for any damage to your computer, server or operating system, or other device, or loss of data that results from such use.
8c) 3d-io further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, with respect to the software.
8d) The software is not intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other activities in which the failure of the software could lead to death, personal injury, or severe physical or environmental damage.

 

9. LIMITATION OF LIABILITY
You expressly understand and agree that 3d-io, its subsidiaries and affiliates, and its licensors are not liable to you under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by you through your use of the software, including any loss of data or damage to your computer device, whether or not 3d-io or its representatives have been advised of or should have been aware of the possibility of any such losses arising.

 

10. MISCELLANEOUS
10a) These Terms and Conditions constitute the entire Agreement between you and 3d-io relating to the Software and govern your use of the Software, and completely replace any prior or contemporaneous agreements between you and 3d-io regarding the Software.
10b) The failure of 3d-io to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision, which will still be available to 3d-io.
10c) If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of these Terms and Conditions will continue to be valid and enforceable.
10d) The rights granted in these Terms and Conditions may not be assigned or transferred by either you or 3d-io without the prior written approval of the other party. Neither you nor 3d-io are permitted to delegate their responsibilities or obligations under these Terms and Conditions without the prior written approval of the other party.
10e) These Terms and Conditions and your relationship with 3d-io under these Terms and Conditions will be governed by the laws of Wiesbaden (Germany) without regard to its conflict of law provisions. You and 3d-io agree to submit to the exclusive jurisdiction of the courts located within Wiesbaden, Germany to resolve any legal matter arising from these Terms and Conditions. Notwithstanding this, you agree that 3d-io will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

 

11. CONFIDENTIALITY
All Licensing information, including license files, descriptions of code activation and written instructions of any kind created by 3D-IO are only intended for the licensed user of 3d-plugin Products and no one else. Such information may not be spread or distributed in any form to other users.

 

12. LIMITED WARRANTY
3d-io warrants that 3d-plugin products will perform in accordance with the documentation. 3d-io cannot warrant that 3d-plugin products will work together with other software and plug-ins from other 3rd party developers, because of the complexity of such interactions between different operating systems or software packages. The user may however immediately report such incompatibilities for further inspection by 3d-io. Such a report has to be done in writing.

 

13. OTHER
If any provision of this Agreement is found to be invalid or otherwise unenforceable, the further conditions of this Agreement will remain fully effective and the parties will be bound by obligations which approximate, as closely as possible, the effect of the provision found invalid or unenforceable, without being themselves invalid or unenforceable.

BY INSTALLING AND AUTHORIZING THIS SOFTWARE, YOU HEREBY AGREE TO THE TERMS AND CONDITIONS PRESENTED ABOVE.

 

Third Party Licensing

Portions of this software are developed and copyrighted by third parties.

 

UVAtlas

This product includes software developed by Microsoft Corp and licensed under the following terms:

Copyright (c) 2017 Microsoft Corp

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

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 AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

 

libcurl

This product includes software developed by Daniel Stenberg and licensed under the following terms:

COPYRIGHT AND PERMISSION NOTICE

Copyright (c) 1996 – 2017, Daniel Stenberg, daniel@haxx.se, and many contributors, see the THANKS file.

All rights reserved.

Permission to use, copy, modify, and distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies.

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 AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software