TRIBBY3D END USER LICENSE AGREEMENT (EULA)
This SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This SOFTWARE PRODUCT is licensed, not sold.
This Software License Agreement (“Agreement”) governs the use of the Tribby3d Software and is a legal agreement between you (either an individual or a single entity) and PLSN Designtech AB (“PLSN Designtech”) with regard to the Copyrighted Software (herein referred to as “SOFTWARE PRODUCT” or “SOFTWARE”) provided with this Agreement.
The SOFTWARE PRODUCT includes computer software, the associated media, any printed materials, and any online or electronic documentation. Use of any software and related documentation (“Software”) provided to you by PLSN Designtech in whatever form or media, will constitute your acceptance of these terms, unless separate terms are provided by the software supplier, in which case certain additional or different terms may apply. If you do not agree with the terms of this Agreement, do not download, install, copy or use the Software. By installing, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, PLSN Designtech may be unwilling to license the SOFTWARE PRODUCT to you.
- Eligible Licensees.
This Software is available to be licensed solely by PLSN Designtech, with no right of duplication or further distribution, licensing, or sub-licensing provided to the licensee.
- License Grant.
PLSN Designtech grants to you a personal, non-transferable and non-exclusive right to use the copy of the Software provided with this Agreement. You agree you will not copy the Software, except as necessary to use it on the number of computers licensed for concurrent use within the licensed network (individual computer, local area network, and wide area network) specified on the invoice provided to you by PLSN Designtech at the time of license purchase. You agree that you may not copy the written materials accompanying the Software.
You are not permitted to:
· Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such thing
· Remove any proprietary notices, labels or marks from the Software
· Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
· Allow any third party to use the Software on behalf of or for the benefit of any third party
· Use the Software in any way which breaches any applicable local, national or international law
· Use the Software for any purpose that PLSN Designtech considers is a breach of this license agreement
· Transfer this Software to any third party
· Make use of the software beyond the purchased license period
The Software License does not give License to download, install or use any updates should they be made available, new or otherwise, unless you have a current License Subscription with PLSN Designtech for all licensed copies provided with this Agreement.
The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of PLSN Designtech, and you will not acquire any rights to the Software, except as expressly set forth above. All copies of the Software will contain the same proprietary notices as contained in or on the Software. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and “applets,” incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by PLSN Designtech. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
- Cloud-Based Licensing.
You agree that you (or your employees) will not attempt to alter or detriment the functionality of the SOFTWARE PRODUCT’s cloud-based licensing system.
You acknowledge that the use of a cloud-based licensing system requires the user’s device to maintain an active internet connection at all times during the use of the software.
- Disclaimer of Warranty.
The Software is provided “AS IS” without warranty of any kind. PLSN Designtech disclaims and makes no express or implied warranties and specifically disclaims the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. PLSN Designtech does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. PLSN DESIGNTECH IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE.
- Limitation of Liability.
In no event shall PLSN Designtech be liable to you for loss of prospective profits or special, indirect or consequential damages even if PLSN Designtech is advised of the possibility of such damage. In addition, in no event shall the liability of PLSN Designtech to you under this agreement exceed an amount equal to that paid by you to PLSN Designtech in connection with your use of the software within the previous twelve-month period.
Some states/countries do not allow the exclusion or limitation of incidental or consequential damages so the above exclusion or limitation may not apply to you.
- No Liability for Consequential Damages.
In no event shall PLSN Designtech or its suppliers be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this PLSN Designtech product, even if PLSN Designtech has been advised of the possibility of such damages. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
- Indemnification By You.
If you distribute the Software in violation of this Agreement, you agree to indemnify, hold harmless and defend PLSN Designtech from and against any claims or lawsuits, including attorney’s fees that arise or result from the use or distribution of the Software in violation of this Agreement.
- Trial License Limitations.
Permission is granted to use the Trial versions for the duration of the agreed trial license period (generally 14 days) for evaluation purposes only. The trial period may be extended or terminated at the discretion of PLSN Designtech. Trial versions are not licensed for commercial purposes. Permission to transfer or publish any related data including saved data, outputs (electronic or hardcopy) for purposes other than evaluation is not granted without written consent of PLSN Designtech. Permission to transfer is granted upon purchase of a full license from PLSN Designtech.