END USER LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
Under the terms of this End User License Agreement (hereinafter referred to as “the Agreement”) concluded by and between studio d76 s.r.o., having its registered office at Františka Křížka 362/1, 170 00 Praha 7 – Holešovice, ID No.: 24800201, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File No.: 175382 (hereinafter referred to as “the Provider”), and you, a physical person or legal entity (hereinafter referred to as “You" or "the End User”), You are entitled to use the software defined in Article 1 of this Agreement (hereinafter referred to as “Software”).
By installing, downloading, copying, opening the file package, and/or using the Software containing this software, You agree to the terms and conditions of this Agreement. You agree that this Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless You have a different license agreement signed by the Provider, Your use of the Software indicates Your acceptance of this license agreement and warranty.
If You do not agree to be bound by this Agreement, immediately cancel the installation or download, remove the Software from Your computer and accompanying documentation.
1. Software. As used in this Agreement the term "Software" means: (i) the NeatScatter computer program and all components thereof; (ii) any related explanatory written materials and any other possible documentation related to the Software, above all any description of the Software, its specifications, any description of the Software properties or operation, any description of the operating environment in which the Software is used, instructions for use or installation of the Software or any description of how to use the Software (hereinafter referred to as “Documentation”); (iii) copies of the Software, patches for possible errors in the Software, additions to the Software, extensions to the Software, modified versions of the Software and updates of Software components, if any, licensed to You by the Provider pursuant to Article 2 of this Agreement. The Software shall be provided exclusively in the form of executable object code.
2. License. Subject to the condition that You have agreed to the terms of this Agreement, You pay the license fee and You comply with all the terms and conditions stipulated herein, the Provider shall grant You a limited, non-exclusive right to ("the License"):
a. install the Software on the hard disk of a computer or other permanent medium for data storage, install, and store of the Software in the memory of a computer system and store and display the Software;
b. to load the Software, to use it.
Your license to use the Software is limited to the extent of licenses purchased by You. You shall not allow others to use, copy or evaluate copies of the Software, unless explicitly provided otherwise herein.
3. License terms. You may install the Software on two workstations, provided that the extent of license purchased by You is not larger. Your right to use the Software shall not be time-limited.
4. Restrictions to rights. You may not distribute, extract components or make derivative works of the Software. When using the Software You are required to comply with the following restrictions:
a. You may not use, modify, translate or reproduce the Software or transfer rights to use the Software or copies of the Software in any manner other than as provided for in this Agreement.
b. You may not make copies or otherwise reproduce the Software, except for installing it on Your computer and for back-up copies as specified above.
c. You may not sub-license, lease, rent or lend the Software in whole or in part or use the Software for the provision of commercial or non-commercial services.
d. You may not re-sell or transfer Your license to a third party.
e. You may not reverse engineer, reverse compile or disassemble the Software or otherwise attempt to discover the source code of the Software, except to the extent that is expressly allowed by mandatory provisions of law.
f. You may not remove or alter any copyright or other proprietary notice or other marks from the Software.
g. You agree that You will only use the Software in a manner that complies with all applicable laws in the jurisdiction in which You use the Software, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
h. Subject to payment of the respective license fees, You shall receive the license code that You need in order to use the Software. You may not provide or disclose the license code provided to You to any third party.
You may use derivative works created by You using the 3D models incorporated in the Software however You see fit. You may not sell, distribute, lease, rent, sub-license or otherwise transfer the sample 3D models incorporated in the Software to third parties.
5. Termination of the License. If You fail to comply with any of the provisions of this Agreement, the Provider shall be entitled to withdraw from the Agreement, without prejudice to any entitlement or legal remedy open to the Provider in such eventualities. In the event of cancellation of the License, You must immediately delete, destroy or return at Your own cost, the Software and all backup copies. The financial obligations incurred by You shall survive the expiration or termination of this License. YOU ARE NOT ENTITLED TO UNILATERALLY WITHDRAW FROM THIS AGREEMENT OR OTHERWISE UNILATERALLY TERMINATE THIS AGREEMENT WITHOUT A CAUSE.
6. Updates to the Software. The Provider shall be entitled to issue updates to the Software ("Updates") from time to time, but shall not be obliged to provide Updates, unless stipulated otherwise in a separate agreement.
7. Exercising End User rights. You must exercise End User rights in person or via Your employees.
8. Copyright and Copyright Restrictions. The Software and all rights, without limitation including proprietary rights and intellectual property rights thereto are owned by the Provider and its Licensors. They are protected by international treaty provisions and by all other applicable national laws of the country in which the Software is being used. The structure, organization and source code of the Software are the valuable trade secrets and confidential information of the Provider.
The Provider’s name, logo and graphics file that represents the Software shall not be used in any way to promote products developed with the Software, unless You have a written agreement signed by the Provider.
9. Warranty and defects. Except as expressly stated in writing, the Provider makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose, and You shall not be entitled to claims based on defects of the Software. There is no warranty by the Provider or by any other party that the functions contained in the Software will meet Your requirements or that the operation of the Software will be uninterrupted or error-free. You assume all responsibility and risk for the selection of the Software to achieve Your intended results and for the installation, use and results obtained from it.
10. Limitation of liability. You acknowledge that the Software hereunder is only an aid in Your development of Your products and is not intended as a substitute for sound engineering judgement. The Provider shall not be liable in any manner whatsoever for the data output obtained through use of the Software. The Provider shall not be liable for any indirect damages such as loss of profits or for lost data. The Provider’s total cumulative liability damage relating to this Agreement shall be limited to and will in no event exceed the amount actually paid by You in relation with purchase of the Software. You acknowledge that the fees reflect the allocation of risk set forth in this Agreement and that the Provider would not enter into this Agreement without these limitations on liability. This Article 10 does not apply if You are concluding this Agreement as a consumer. This Article 10 also does not apply to damage caused by willful misconduct or gross negligence of the Provider as well as to damage caused to natural rights of a person.
11. Consumer rights. The Provider anticipates that the Software shall be purchased and used by professionals in the field of 3D graphics. Should You conclude this Agreement as a consumer, nothing in this Agreement will diminish any rights You may have under existing consumer protection legislation. The provisions of this Agreement, which exclude or limit Your rights arising from a defective performance or damages shall not apply if You conclude this Agreement as a consumer. Should You conclude an separate contract with the Provider, which provides You with further consumer rights, this Agreement shall be interpreted in line with such contract.
12. Applicable law and dispute resolution. This Agreement shall be governed by and construed in accordance with the laws of the Czech Republic. The End User and the Provider hereby agree that the principles of the conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods shall not apply. You expressly agree that any disputes or claims ensuing from this Agreement with respect to the Provider or any disputes or claims relating to use of the Software shall be settled by courts of the Czech Republic. The Provider may also commence legal proceedings against You in the courts in the state of Your domicile. If You are a consumer and You have purchased the Software from the Provider, You may be entitled to commence alternative dispute resolution procedure. The subject that may be entitled to carry out the alternative dispute resolution procedure is for example the Czech Trade Inspection (www.coi.cz). If You are a consumer, You may be also entitled to address your Dispute through an internet platform for online dispute resolution established by the European Commission (see the link: http://ec.europa.eu/consumers/odr/).
13. DISCLAMER OF WARRANTY. THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY THE SOFTWARE AS WELL.
14. General provisions. Should any of the provisions of this Agreement be invalid or unenforceable, this shall not affect the validity of the other provisions of the Agreement, which shall remain valid and enforceable in accordance with the conditions stipulated therein. This Agreement may only be modified in written form, signed by an authorized representative of the Provider or a person expressly authorized to act in this capacity under the terms of a power of attorney.
15. If You have any questions regarding this Agreement or wish to request any information from studio d76 s.r.o., please write to studio d76 s.r.o., Františka Křížka 362/1, 170 00 Praha 7 – Holešovice, e-mail: hello@neatscatter.com or visit our web page at http://neatscatter.com/.
16. Third party libraries acknowledgements and third party licenses
The Software includes Open Source Software licenced under the conditions as follows:
Boost Software License - Version 1.0 - August 17th, 2003
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.
TinyXML2
Original code by Lee Thomason (www.grinninglizard.com)
This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.
Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
