Terms of use 3dUniversum: effective as of June 1st, 2014

Please read the terms and conditions carefully, as they set your legal rights and obligations in relation to the software and services of 3DUniversum. This is a legal agreement between you (hereinafter "User") and 3DUnivsersum B.V., Amsterdam, The Netherlands (hereinafter "3DUNIVERSUM") regarding the use of our software namely the SDK and/or 3DMultiScan software (hereinafter "Licensed Software") and services namely the online services and 3DUniversum.com website (hereinafter "Services"). The Licensed Software and Services are intellectual properties of 3DUNIVERSUM by intellectual property law and international copyright treaties. Any commercial use of the Licensed Software and Services of 3DUNIVERSUM can be made only under the following terms of license. You should print a copy of these terms and conditions for future reference. We will not file a copy specifically in relation to you, and they may not be accessible on our website in future.

 

If you have any questions or complaints about our Licensed Software and Services, please contact us by email to info@3duniversum.com. In order for us to take the appropriate action please describe in reasonable detail the nature of your request or inquiry.

1. By using our Licensed Software, the User acknowledges that he/she has read, understood and agree to be bound by the following terms and conditions. In fact, by installing, copying, or otherwise using the Licensed Software and Services, the User agrees to be bound by and comply with the terms of this License Agreement. The User assumes responsibility for the selection of the program to achieve the intended results, and for the installation, use and results obtained from the Licensed Software. If at any time the User does not agree to the terms and conditions of this License Agreement, please terminate the use of our Licensed Software Services immediately. 3DUNIVERSUM reserves the right to change these terms any time. If we change our privacy policy, we will post the revised policy statement here, with an updated revision date.

 

2.1 All Licensed Software provided by 3DUNIVERSUM is granted non-exclusively. Unless explicitly specified otherwise by mutual written agreement, the User may put into application the Licensed Software on one single workstation. The User is not allowed to install copies of the Licensed Software on other workstations. In case the User installs the Licensed Software on more than one workstation than granted in this License Agreement, the User needs to pay the license fee for each workstation put into operation with the Licensed Software for the time period concerned.

2.2 The User is not allowed to rent, lease, or distribute the Licensed Software. Copyright law protects the Licensed Software and accompanying documentation. You may not copy, reproduce or make data transmissions, in whole or in part, except as is necessary for back-up or archival purposes. You may not reverse engineer, translate, disassemble or decompile our software, in whole or in part. 3DUNIVERSUM may provide the User with support services related to the Licensed Software by providing software updates. Any supplemental software provided to the User is subject to this License Agreement.

2.3 External libraries (DLL’s) are used by the Licensed Software (listed below) under different license terms. Sublicenses are not provided by this License Agreement to these libraries to the User. By reference to the specific licenses or external libraries, the terms of such DLL license are made part of the License Agreement in order to comply with such terms for the use of DLL’s for the application of the Licensed Software.

 

DLL                         License Type

Boost                    Boost License (http://www.boost.org/users/license.html)

OpenCV               BSD License (http://code.opencv.org/projects/OpenCV/wiki/WikiStart )

PCL                       BSD License ( http://pointclouds.org/about/)

Flann                  BSD License (http://www.cs.ubc.ca/research/flann/)

Eigen                  MPL License (http://eigen.tuxfamily.org/index.php?title=Main_Page#License)

Vtk                     Open Source (http://www.vtk.org/)

Fftw                   GPL License (http://www.fftw.org/)

Qt                       GPL v3, LGPL v2  (http://qt-project.org/downloads)

OpenGL             SGI License (http://www.sgi.com/products/software/opengl/license.html)

OpenCTM          zlib/libpng License (http://opensource.org/licenses/Zlib)

3. The License Agreement is effective upon acceptance and installation of the Licensed Software and shall continue until terminated. 3DUNIVERSUM reserves the right to terminate this agreement if the User fails to comply with these terms and conditions. Upon termination the User shall stop all use of the Licensed Software.

4. Copyright and confidentiality of the Licensed Software will survive any termination of these terms and conditions in perpetuity.

5. Except for the warranty stated herein, 3DUNIVERSUM disclaims all warranties with regard to the Licensed Software and Services, including the implied warranty of merchantability and fitness for a particular purpose.

6. 3DUNIVERSUM’s entire liability and your exclusive remedy, is limited to the User’s purchase price, which shall be paid to the User upon return of the Licensed Software and the statutory declaration required above certifying complete return.

7. In no event will 3DUNIVERSUM be liable for any loss of profits, loss of use, or indirect, special, incidental or consequential damages in any way related to or arising out of the use of the Licensed Software. 3DUNIVERSUM’s liability shall in no event exceed the amounts paid to 3DUNIVERSUM for the Licensed Software.

8. This Agreement shall be construed and enforced in accordance with the Dutch law and each party agrees to be subject to those relevant laws.

9. The User agrees that these terms and conditions supersede any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of these terms and conditions.

10. If any provision of these terms and conditions is held to be invalid or unenforceable the remaining provisions will not be affected.

11. The User must not use the Services (services and/or website) in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Licensed Software, or any of the areas of, or services regarding, the Licensed Software.

12. On the website of 3DUNIVERSUM, links may be provided to third-party websites or information. If the User uses those links, the User will leave this website. Links on the website of 3DUNIVERSUM do not mean we endorse, sponsor, or recommend the third party, their website, or their information. The User will be subject to the Terms of Use and Privacy Policy of those websites. Access and use of such reference sites is solely at the User’s own risk. In addition, the User’s correspondence or business dealings with advertisers found on or through 3DUNIVERSUM Services are solely between the User and such advertiser. 3DUniversum will not be liable for the unreliability or inaccuracy of any information obtained through those reference sites.

13. The User warrants to 3DUNIVERSUM that the use of the Services of 3DUNIVERSUM will not:

(a)          breach any laws, statutes, regulations or legally-binding codes;

(b)          infringe any person's Intellectual Property Rights or other legal rights; or

(c)           give rise to any cause of action against 3DUNIVERSUM or any third party.

14. The User will indemnify and will keep indemnified 3DUNIVERSUM against all liabilities, damages, losses, costs and expenses (including legal expenses and amounts paid [upon legal advice] in settlement of any disputes) suffered or incurred by 3DUNIVERSUM and arising as a result of any breach by the User of clause 13 of these terms and conditions.

15. Where a Force Majeure Event gives rise to a failure or delay in either party performing its obligations under the Agreement [(other than obligations to make payment)], those obligations will be suspended for the duration of the Force Majeure Event.

16. Any and all text, 3D models, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Website (hereinafter "Your Content") is generated, owned and controlled solely by the User, and not by 3DUNIVERSUM. 3DUNIVERSUM does not claim any ownership rights in Your Content, and the User hereby expressly acknowledges and agrees that Your Content remains the User’s sole responsibility.

17. The User hereby acknowledges and agrees that 3DUNIVERSUM (i) stores content and other information at the direction, request and with the authorization of its users (hereinafter "All Content"), (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. The User is solely responsible for all of Your Content that the User uploads, posts or distributes to, on or through the Platform, and to the extent permissible by law, 3DUNIVERSUM excludes all liability with respect to all Content (including Your Content) and the activities of its Users with respect thereto.

18. The Content of the 3DUNIVERSUM website (Services), including (but not limited to) all written material, text, images, photos and code, are protected under international copyright and trademark laws. The User may not copy, reproduce, modify, republish, transmit or distribute any material from this site without express written permission.

If someone believes the 3DUNIVERSUM website infringes a copyright, please provide the following information immediately to info@3duniversum.com:

  • Identification of the copyrighted work(s) claimed to have been infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information regarding how we may contact you (e.g. mailing address, telephone number, e-mail address);
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you that the information in your notification is accurate, and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.

19. It is expected that all Users of the website (Services) will comply with applicable copyright laws. However, if we are notified of claimed copyright infringement, or otherwise become aware of facts and circumstances from which infringement is apparent, we will respond expeditiously by removing or disabling access to the material that is claimed to be infringing or to be the subject of infringing activity.