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3D-Tool End User License Agreement (EULA)

The license terms of the 3D-Tool GmbH & Co. KG (in the following “Licensor”) for the use of the 3D-Tool software and its components as well as the accompanying documentation (in the following “Software”) are agreed upon as follows. Upon installation of the software you (in the following “Licensee”) hereby accept these license terms.

IF YOU DO NOT AGREE TO THE LICENSE TERMS, THE SOFTWARE MAY NOT BE INSTALLED OR USED.

1. PROTECTION AGAINST UNAUTHORIZED USE, RIGHTS OF PEPRODUCTION

1.1. Any type of use of the Software that is not in accordance with this End User License Agreement is forbidden. All rights of use that are not hereby expressly permitted shall remain with the Licensor and his Licensors.

1.2. Should the Licensee use the Software in an unauthorized manner, the Licensor then has the right to bill the Licensee for the unauthorized use in accordance with the current applicable license fees.

1.3. The emulation, alteration, decompilation and disassembly of the Software is forbidden. Also forbidden is the removal, alternation and blanking of any copyrights, trademarks, company logos and license information contained in the Software. All licenses shall be immediately terminated thereby and the Licensor reserves the right to assert criminal and civil claims..

1.4. The Licensee only has the right to reproduce the Software if the contractual use of the Software so requires. The Licensee also has right to make a security back up of the provided Software.

1.5. The Licensee is not permitted to sell or to otherwise distribute his licenses or the Software.

1.6. If the rights of use expire, then the Licensee is obligated to delete the Software, and all copies thereof, from his computer system. The Licensee is also obligated to destroy all license materials and activation codes and any copies thereof.

2. RIGHTS OF USE

2.1. A single user license grants the Licensee the non-exclusive, worldwide right to use the Software with this license on ONE single user system (Workstation)for an unlimited period of time. Under no circumstances does the Licensee have the right to use the single user license in any way on more than one single user system or to permit such a use. If the Software is installed on a multiple user system (Server) or made accessible in a network (Remote-Access), then only the users with an individual single user license may use the Software.

2.2. A server license grants the Licensee the non-exclusive, worldwide right to make the Software with this license accessible on a multiple user system (Server), or in a network (Remote-Access), and to enable the contractually agreed upon number of users to use the Software for an unlimited period of time. If the Software is no longer executed on a multiple user system or in a network, then the Software may be executed on single user systems as long as the number of single user systems does not exceed 50% of the contractually agreed upon number of users.

2.3. If the Software is used under a volume license, then the stipulations of the respective volume license agreement shall be applicable in addition to the stipulations of this EULA.

2.4. For the Free Viewer Version of the Software, the Licensor hereby grants the non-exclusive, worldwide right to execute and use the Software randomly on any system for private and commercial use for an unlimited period of time.

2.5. For components of the Software that are incorporated in the “executable” files (EXE-files) created by the Software the Licensor hereby grants the non-exclusive, worldwide right to execute and use the Software randomly on any system for private and commercial use for an unlimited period of time (Free Viewer License).

2.6. A onetime only cost free trial license can be requested for the purpose of testing the complete functionality of Software before a license is acquired. The rights of use to this trial license are limited to the time period of the testing and can be revoked at any time. If the Software is executed and used with a trial license, then any and all commercial use or productive uses are forbidden.

3. UPDATES

3.1. All service updates for a major release can be installed, executed and used by the Licensee free of charge.

3.2. Should the Licensor release a new major release of the Software, the Licensee may optionally carry out an update of his license to the respective current major release with costs; he is not obligated to do so.

4. TRANSFER OF LICENSES

4.1. To transfer a license from one computer to another all versions and copies of the Software must be deleted from the first computer and may only executed on the second computer in the future.

4.2.To transfer a license to a new proprietor the initial Licensee must disclose the new proprietor to the Licensor in writing, and with a signature by the initial Licensee. The new Licensee may only use the Software if he accepts the End User License Agreement (EULA) of the Software. The transfer comprises all versions and updates of the Software acquired with this license. The rights of use of the initial Licensee to these versions and updates shall expire upon transfer.

5. EXPORT LIMITATIONS

5.1. The licensee may not provide, export or re-export software or other technology obtained in the course of this agreement to countries (or to a citizen or resident of such a country) that are subject to an embargo of the United States of America or to a person listed in the regulations of the Treasury Department or Department of Commerce of the United States of America.

5.2. The Software may not be sold, rented or provided to and may not be used by persons and entities which are involved with activities regarding weapons of mass destruction, including but not limited to activities regarding the conception, the development, the production or the use of nuclear materials, nuclear systems, nuclear weapons, chemical weapons, biological weapons, rockets or regarding the support of rocket systems.

5.3. By installing or using the Software, the Licensee acknowledges the stipulations above and certifies that he is not a resident of such a country, is not controlled by such a country, is not a citizen or resident of such a country, is not a person listed in the specified regulations and is not involved in the activities specified above.

6. LIMITED RIGHTS OF THE U.S. GOVERNMENT

The Software and any supplemental documentation shall be provided as “commercial computer software” and “commercial computer software documentation” in accordance with the applicable directives of civil and military procurement acts of the United States of America as well as the respective addenda to these acts. If a license is acquired by or in the name of the U.S. government or by a principal supplier or sub-supplier of the U.S. government, the government is granted only those rights to the Software and the supplemental documentation in accordance with these license terms; conform with 48 CFR 227.7201 to 227.7202-4 (if acquired by the U.S. Department of Defense) and 48 CFR 2.101 and 12.212 (if acquired by other government agencies) as well as applicable follow-up regulations.
Manufacturer: 3D-Tool GmbH & Co. KG, Im Steiles 23/1, 69469 Weinheim, Germany.

7. WARRANTY AND LIABILITY

7.1. Neither a sales warranty nor any other warranty shall be given if the rights of use to the Software are granted free of charge (Free Viewer License, Trial License). If the Licensee uses the Software free of charge, he accepts the Software as it currently is and is not entitled to any warranty claims.

7.2. The Licensor shall only be liable for willfully and maliciously caused damages if the rights of use to the Software are granted free of charge (Free Viewer License, Demo License).

8. GENERAL

8.1. The laws of the Federal Republic of Germany are applicable.

8.2. If the Licensee is a business or if the Licensee does not have his domicile place of general jurisdiction in Germany, then the place of jurisdiction is the place of business of the 3D-Tool GmbH & Co. KG. However, the 3D-Tool GmbH & Co KG also has the right to file an action against the customer at the latter’s place of business respectively the latter’s place of jurisdiction of the domicile.

8.3. If an individual stipulation of this agreement should be invalid or not executable or become invalid or not executable upon conclusion of the agreement, the validity of the remaining agreement shall not be affected.