3D-IO GmbH End User License Agreement (EULA) for Unwrella™
IMPORTANT -- READ CAREFULLY:
This End User License Agreement ('License Agreement') is a legal agreement between you (either an individual or an entity) and 3D-IO GmbH a company under German law with residence in Wiesbaden, Germany. By clicking on the 'Accept' button, installing, copying or otherwise using Unwrella, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, click on the 'Cancel' button and/or do not install Unwrella.
THIS PRODUCT MUST BE REGISTERED WITHIN 30 DAYS. AFTER REGISTRATIONS YOU MAY CONTINUE USING THE SOFTWARE FOR AN UNLIMITED TIME
This is a license agreement and NOT an agreement for sale. Under this contract 3D-IO GmbH grants to you a non-exclusive license to use Unwrella, which is software and documentation.
Unwrella itself as well as the copy of Unwrella or any other copy you are authorized to make under this contract remain the property of 3D-IO GmbH at all times.
2. Use of Unwrella
(1) 3D-IO GmbH grants you a nonexclusive, nontransferable license to use Unwrella and its manual and other accompanying printed material and “online” or electronic documentation with equipment owned by you or under your control, according to the terms and conditions of this Agreement. This Agreement permits a single user to install and use Unwrella on only one computer at one location at any one time.
(2) If Unwrella is identified as a demonstration, evaluation, or NFR version, you may use it only for the purpose of commercial evaluation and demonstration. Such licenses are generated for a specific fixed time period. After a NFR license has been expired, all related documentation and data must be destroyed or sent back to 3D-IO GmbH or the dealer who handled the NFR version.
You may not use it for commercial, professional, or for-profit purposes.
3. Multiple use and network operation
If this Software is a Network Version, you may use it only over an internal local area network environment with the 3D-IO GmbH Floating License Tool, and you may install and operate Unwrella on a single server computer in a single location which may be accessed by other computers, or on an individual computer, as a multiple-user installation with either:
(1) The maximum number of concurrent users being one (1), so that multiple individuals may access or use Unwrella, but that only one person at a time may do so, or
(2) The maximum number of concurrent users being more than one (1), in which case you must purchase single seat licenses for each additional concurrent user.
The use of software or any device that reduces the number of computers/devices which access Unwrella's licensing tool when used in a Server configuration may interfere or damage the licensing tool or prevent Unwrella from running properly. In no case will such a device 'reduce' or prevent you from buying the number of single seat licenses required.
(1) You may not rent, lease, sublicense or lend Unwrella or documentation. You may, however, transfer all your rights to use Unwrella to another person or legal entity provided that you transfer this agreement, Unwrella, including all copies, updates or prior versions. You must inform 3D-IO GmbH in writing about a license transfer and the new user has to sign and accept this license agreement.
(2) In case of such a transfer the license of the former user expires and all remaining data covered by this license must be deleted/destroyed.
5. You May Not:
(1) Copy or use Unwrella or Documentation except as permitted by this Agreement.
(2) Reverse engineer, decompile, or disassemble Unwrella except to the extent permitted by law where this is indispensable to obtain the information necessary to achieve interoperability of an independently created program with Unwrella or with another program and such information is not readily available from 3D-IO GmbH or elsewhere.
(3) Install or use Unwrella on the Internet or over a wide area network, including, without limitation, use in connection with a Web based render farm or similar service.
(4) Remove, alter, or obscure any proprietary notices, labels, or marks from Unwrella or documentation.
(5) Utilize any equipment, device, software, or other means designed to circumvent or remove any form of copy protection used by 3D-IO GmbH in connection with Unwrella, or use Unwrella together with any authorization code, serial number, or other copy protection device not supplied by 3D-IO GmbH directly or through an authorized reseller.
6. Limited warranty
THIS PLUG-IN IS A TOOL INTENDED TO BE USED BY TRAINED PROFESSIONALS ONLY. 3D-IO GmbH WARRANTS THAT UNWRELLA WILL PERFORM IN ACCORDANCE WITH THE DOCUMENTATION. 3D-IO GmbH CAN NOT WARRANT THAT UNWRELLA WILL WORK TOGETHER WITH OTHER SOFTWARE AND PLUG-INS FROM OTHER 3RD PARTY DEVELOPERS, BECAUSE OF THE COMPLEXITY OF SUCH INTERACTIONS BETWEEN DIFFERENT OPERATING SYSTEMS OR SOFTWARE PACKAGES. THE USER MAY HOWEVER IMMEDIATELY REPORT SUCH INCOMPATIBILITIES FOR FURTHER INSPECTION BY 3D-IO GmbH. SUCH A REPORT HAS TO BE DONE IN WRITING.
7. Warranty Disclaimer
THE INFORMATION IS PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. 3D-IO GmbH DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL 3D-IO GmbH, ITS SUPPLIERS, UNWRELLA, INC., OR DISCREET - A DIVISION OF AUTODESK, INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOSS OF BUSINESS PROFITS OR SPECIAL DAMAGES, EVEN IF 3D-IO GmbH OR ITS SUPPLIERS, UNWRELLA, INC., OR DISCREET - A DIVISION OF AUTODESK, INC. HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE FOREGOING LIMITATION MAY NOT APPLY.
All Licensing information, including license files, descriptions of code activation and written instructions of any kind created by 3D-IO GmbH are only intended for the licensed user of Unwrella and no one else. Such information may not be spread or distributed in any form to other users.
9. Registration Data
For the purpose of customer registration and control of proper use of the programs 3D-IO GmbH will store personal data of the users in accordance with the German law on Personal Privacy and Data Protection. This data may only be used for the above-mentioned purposes and will not be accessible to third parties.
If any provision of this Agreement is found to be invalid or otherwise unenforceable, the further conditions of this Agreement will remain fully effective and the parties will be bound by obligations which approximate, as closely as possible, the effect of the provision found invalid or unenforceable, without being themselves invalid or unenforceable.
BY INSTALLING AND AUTHORIZING THIS SOFTWARE, YOU HEREBY AGREE TO THE TERMS AND CONDITIONS PRESENTED ABOVE.
3d Studio MAX is a registered trademark of Discreet, a division of Autodesk Inc. Unwrella is a registered trademark of 3D-IO GmbH.