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This end user license agreement (hereinafter referred to as "EULA") contains the license terms of 3D-Tool GmbH & Co.KG, Im Steiles 23/1, 69469 Weinheim, Germany (hereinafter referred to as "Licensor") for the use of the Software (as defined below).
If you have concluded a contract with the Licensor for the transfer of the Software including the general terms and conditions of the Licensor (hereinafter referred to as "GTC"), this EULA is part of these GTC and becomes binding upon conclusion of the contract for the transfer of the Software between the Licensor and You (hereinafter referred to as "Licensee").
IF YOU DO NOT AGREE TO THIS EULA, THE SOFTWARE MUST NOT BE INSTALLED OR USED.
1.1. "Software" means the proprietary software developed and distributed by Licensor and the accompanying documentation, whether provided to Licensee for a fee (e.g. 3D-Tool and its components) or free of charge (trial version, Free Viewer, EXE file published by 3D-Tool), and regardless of whether this Software is provided to the Licensee directly by the Licensor or by a third party. The Software is only provided as an executable program; the Licensee is not granted any rights to use the source code of the Software.
1.2. "System" means the operating system software into which the Software is installed.
1.3. "Access" means the ability of a user account to run and use the Software on the System.
1.4. "License" means Licensee's right to install the Software on a System and grant Access to the Software to user accounts in accordance with this EULA.
1.5. "Single User System" means a System that can only be used by a single user account at a given time. These are typically the Systems Windows Home, Windows Professional or Windows Enterprise.
1.6. "Multi User System" means a System that can be used by more than one user account at any given time. These are Windows server systems that make the applications installed on the System available to multiple users at the same time via Terminal Services, Remote Desktop Services, or similar technologies.
2. PROTECTION AGAINST UNAUTHORIZED USE, RIGHTS OF REPRODUCTION
2.1. Any use of the Software that goes beyond the scope of the License in accordance with this EULA (possibly including the GTC) is prohibited. All rights of use that are not expressly granted to the Licensee remain with the Licensor and, if applicable, its licensors.
2.2. If the Licensee uses the Software beyond the License granted to him, the Licensor is entitled to charge for the unauthorized use of the Software according to the currently valid license prices.
2.3. The Software may only be used as provided by the Licensor or by third parties with the Licenser's consent. Emulating, modifying, decompiling and/or disassembling the Software or unbundling Software components is prohibited. The Licensee's legal rights to decompilation remain unaffected. Also forbidden is the removal or bypass of any copy or similar protection mechanisms of the Software, and the removal, alternation and blanking of any copyright notice, brand, company logo, license information, and other program identification contained in the Software. All Licenses shall immediately expire in case of violation and the Licensor reserves the right to assert criminal and civil claims.
2.4. The use of the functions contained in the Software for displaying and converting CAD files is only permitted manually via the Software's user interface and its batch mode. The automated creation or execution of such batch files as well as the use of the functions by controlling, embedding, or integrating the Software or individual components through or into other software or hardware products is prohibited.
2.5. The Licensee may only reproduce the Software to the extent that this is necessary for the contractual use and only in the agreed number of Licenses. The Licensee is also entitled to make a backup copy of the Software provided.
2.6. If the Licensee's right of use expires, he is obliged to remove the Software and all copies from all Systems. He also undertakes to destroy all license materials and activation codes and all copies thereof.
3. RIGHTS OF USE
IF THE LICENSEE HAS PURCHASED SOFTWARE FROM THE LICENSOR THAT IS SUBJECT TO A FEE, THE RIGHTS OF USE ARE BASED ON THE FOLLOWING SECTIONS 3.1 UP TO AND INCLUDING 3.6. RIGHTS OF USE FOR THE LICENSOR'S SOFTWARE PROVIDED TO THE LICENSEE FREE OF CHARGE ARE GRANTED EXCLUSIVELY IN ACCORDANCE WITH SECTIONS 3.7. OR 3.8.
3.1. A single-user license grants the Licensee a worldwide, perpetual, non-exclusive license to activate the Software in a Single User System or a Multi User System, provided that the following regulations prescribed for the respective system are observed.
If the Software is activated with the License in a Single User System, then Access may be granted to all user accounts on the System. Activation in more than one Single User System is not permitted.
If the Software is activated with the License in a Multi User System, Access may be granted for exactly one user account on the System. An individual single-user license is required for each user account of the System with access to the Software.
3.2. A server license grants the Licensee the worldwide, perpetual, and non-exclusive License to activate the Software in a Multi User System. Access to the Software may be granted to a maximum of the contractually agreed number of user accounts specified on the license certificate. A server license cannot be used to activate the Software in Single User Systems, even if these are provided by a Multi User System.
3.3. The Licensee may allow contracted third parties to activate and use the Software in compliance with the provisions of this EULA. The use by these contracted third parties is limited to services for the Licensee.
3.4. The Licensee may allow affiliated companies to activate and use the Software in compliance with the provisions of this EULA. Affiliated companies are legal entities that are directly or indirectly controlled by the Licensee, who are under common control with the Licensee or who control the Licensee. Such control should be assumed if a voting right or similar right comprises fifty percent (50%) or more of the total issued shares.
3.5. Licensee may redistribute to any third party the components of the Software contained in the EXE files published using the Software. Any such third party must accept this EULA of the Licensor upon launch of the Software. The scope of functions of the EXE files corresponds to that of the Free Viewer.
3.6. Licensee is responsible for compliance with the terms of the EULA. The Licensee is responsible to the Licensor for compliance with this EULA by contractually commissioned third parties (section 3.3), affiliated companies (section 3.4) and other third parties (section 3.5) as for its own fault.
3.7. For the cost-free Free Viewer version of the Software and for the components of the Software contained in the EXE files published using the Software, the Licensor grants the worldwide, perpetual, and non-exclusive license to run and use the Software on any system (Free Viewer License).
3.8. To test the full functionality of the Software, a free trial key can be requested once from the Licensor before purchasing a paid License. The trial key is granted for a limited period of time and can be revoked by the Licensor at any time. If the Software is executed and used with a trial key, all commercial use and use of the Software for production purposes are prohibited.
4.1. All service updates for a major release of the Software can be installed, executed, and used by the Licensee free of charge. The License granted to Licensee applies accordingly to the use of such service updates.
4.2. If the Licensor publishes new major versions of the Software, the Licensee can purchase an update to the current major version from the Licensor for a fee but is not obliged to do so. For such paid updates, additional or different usage rights may be granted for the License.
5. TRANSFER OF LICENSES
5.1. To transfer a License from one System to another, all versions and copies of the Software must be deleted from the first System and may only be run on the second System in the future.
5.2. The Licensee is entitled to transfer the Software and the License granted to him to a third party while giving up all of his own rights of use. The transfer includes all major versions and service updates of the Software acquired under a License. The partial transfer of Licenses (except in the case of volume licenses) is not permitted. With the transfer, the third party acquires the License for the Software. At the same time, all rights of use of the Licensee expire. The latter is obliged to immediately delete or otherwise destroy all copies of the Software remaining with him. This also applies to backup copies. He also undertakes to destroy all license materials and activation codes and all copies thereof.
5.3. In the course of transferring a License to a new licensee, the Licensee is obliged to contractually impose usage rights and usage restrictions on the new licensee to the extent of the transferred License and in accordance with this EULA. The Licensor can demand that the Licensee discloses his contractual agreement with the new licensee to the Licensor.
6. EXPORT LIMITATIONS
6.1. The Licensee acknowledges and agrees that the Software is subject to the export control laws and regulations of the United States and the United Kingdom. Notwithstanding any other obligation pursuant to this Section 6, the Licensee is obliged to independently monitor and comply with the obligations and requirements arising out of said export control laws and regulations.
6.2. The Software may not be used by end users engaged in activities related to weapons of mass destruction except as authorized by the export laws and regulations of the United States. Such activities include but are not necessarily limited to activities related to: (1) the design, development, production, or use of nuclear materials, nuclear facilities, or nuclear weapons; (2) the design, development, production, or use of missiles or support of missiles projects; and (3) the design, development, production, or use of chemical or biological weapons. Upon installation or use of the Software, the Licensee acknowledges above stipulations and declares not to be involved in any of above-listed fields of activity.
7. 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.
8. WARRANTY AND LIABILITY
8.1. If the rights to use the Software are granted free of charge (Free Viewer license, trial key), the Licensor is only liable within the scope of the statutory provisions (in particular §§ 523, 600 of the German Civil Code).
8.2. If the rights to use the Software are granted for a fee to be paid to the Licensor, Section 9 of the GTC of the Licensor applies accordingly to the warranty for defects in title.
9.1. The law of the Federal Republic of Germany applies, excluding international private law and the provisions of the UN Sales Convention (CISG). Mandatory legal provisions of copyright law at the seat of the Licensee remain unaffected.
9.2. If the Licensee is a merchant, a legal entity under public law or a special fund under public law, or if the Licensee does not have a general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the Licensor. However, the Licensor is also entitled to sue the Licensee at his registered office.
9.3. If an individual stipulation of this EULA 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.
3D-Tool GmbH & Co. KG
Im Steiles 23/1
69469 Weinheim, Germany