End User License Agreement¶
Last Updated: June 07, 2020
This End User License Agreement (“Agreement”) is a legal agreement between you (either an individual or a single entity) (collectively “You”) and Russian3DScanner LLC (“R3DS”), a company registered at Lomonosova 114/12-8, Voronezh, Russia, 394087, for the Node software product.
BY DOWNLOADING AND/OR USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE.
“Software” means the R3DS proprietary software product Node, licensed to you under this Agreement. The term “Software” shall also include any documentation, upgrades, modified versions, updates, additions, and copies of the Software licensed to you by R3DS, if any.
“License” means the limited right to use the Software as detailed in this Agreement.
“User” means an individual person who is authorized by R3DS to use the Software.
“Legal Entity” means any company, corporation, limited liability company, general partnership, limited partnership, limited liability partnership, proprietorship, joint venture, or other form of business organization, and includes, without limitation, any government, non-for-profit, educational, or academic institution, including but not limited to any primary or secondary school, vocational school, college or university.
“Perpetual License” means a License to use the Software for unlimited period of time. Maintenance is included in the first 12-months period, and then offered on an optional basis. Additional maintenance may be purchased on the R3DS website. Maintenance provides most recent Software updates. The annual maintenance fees are fifty (50) percent of the price of the Perpetual License at the time of purchasing the maintenance.
“Evaluation License” means a License granted to a User for a limited duration, to enable the User to evaluate the Software and to determine whether to purchase a version of the Software. The use of an Evaluation License for commercial, professional, or for-profit purposes is forbidden.
R3DS grants to you a nonexclusive License to use the Software only in accordance with the terms and conditions set forth herein. The terms used in this Agreement, have the meaning ascribed to them in Section 1 or elsewhere in this Agreement.
3. RIGHTS AND RESTRICTIONS¶
You agree not to transfer, assign, rent, lease, sublicense, or lend the Software to any other person or entity, except as expressly provided herein. You may not distribute or otherwise make the Software available to any third party. The source code of the Software shall not be made available to you. R3DS reserves the right to increase the license fee for Indie and Professional Licenses from time to time.
4. SOFTWARE LICENSE TERMS¶
4.1. LICENSE VARIANTS¶
The Software is available under the following license types: Evaluation License, Professional License. The terms and conditions applicable to each license type are set out in Section 1 of this Agreement. License fees are subject to change at R3DS sole discretion.
5. WARRANTY AND LIMITATION OF LIABILITY¶
You expressly acknowledge and agree that the use of the Software is at your own risk. The software and related documentation are provided “AS IS”, without warranty of any kind. R3DS does not, either expressed, implied or statutory, make any warranties, claims or representations with respect to the Software, including, without limitation, warranties of quality, performance, noninfringement, merchantability or fitness for use or a particular purpose, unless explicitly stated otherwise in this agreement. R3DS further does not represent or warrant that the Software will always function uninterrupted or error-free. No oral or written information or advice given by R3DS or by any of its representatives or agents shall create a warranty. R3DS shall not be liable for any damages (including direct, indirect, incidental, consequential and special damages) whether suffered by you, even if R3DS was advised of the possibility of such damages.
The Software is owned by Russian3DScanner, LLC., and its structure, organization, and code are valuable trade secrets of Russian3DScanner. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or modify the functionality of the Software.