KG-dev 3DBI – End User License Agreement
Important: read this agreement carefully.
Last updated: March 17, 2021.
BY PURCHASING, DOWNLOADING, INSTALLING, REINSTALLING OR USING ALL OR ANY PORTION OF THE SOFTWARE, YOU ARE ACCEPTING ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT USE OR ACCESS THE SOFTWARE. IF YOU HAVE PAID A LICENSE FEE FOR USE OF THE SOFTWARE AND DO NOT AGREE TO THESE TERMS, YOU MAY RETURN THE SOFTWARE FOR A FULL REFUND, PROVIDED YOU (A) DO NOT USE THE SOFTWARE AND (B) RETURN THE SOFTWARE WITHIN FOURTEEN (14) DAYS OF YOUR INITIAL PURCHASE.
BY AGREEING TO THESE TERMS AND CONDITIONS, YOU REPRESENT THAT YOU ARE 18 YEARS OLD OR OLDER AND CAPABLE OF ENTERING INTO A LEGALLY BINDING AGREEMENT. IF YOU WISH TO USE THE SOFTWARE AS AN EMPLOYEE, CONTRACTOR, OR AGENT OF A CORPORATION, PARTNERSHIP OR SIMILAR ENTITY, THEN YOU MUST BE AUTHORIZED TO SIGN FOR AND BIND THE ENTITY IN ORDER TO ACCEPT THE TERMS OF THIS AGREEMENT. THE LICENSES GRANTED UNDER THIS AGREEMENT ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE BY SUCH AUTHORIZED PERSONNEL.
If an executed agreement exists between you and KG-dev at any time regarding the Software, the terms of that agreement shall supersede the terms of this Agreement in its entirety. Thus, if you enter into a separate written agreement with KG-dev regarding the Software, that agreement (not this one) will control your use of the Software; and further if that agreement is terminated, you will not have the right to use the Software under the terms of this Agreement after termination.
This Software End User License Agreement (“Agreement“) is between KG-dev BV, located in Belgium, Europe, with company registration number BE07 1947 2754 (“KG-dev“) and the customer (individual or entity) that has downloaded or otherwise procured the licensed Software (as defined below) for use as an end user (“you“). This Agreement covers any Software and supporting user or technical documentation provided with the Software (“Documentation“).
“Effective Date” means the earlier of the date you sign an Order Form or the date on which the Software is first made available to you.
“Order Form” means any order (which includes without limitation online orders) which is entered into by KG-dev (or an authorized KG-dev distributor or reseller) and you under which you are provided the Software. Each Order Form for the Software shall be deemed a part of this Agreement. This Agreement is binding on you whether or not you executed an Order Form with KG-dev. Order Forms may not vary the terms of this Agreement. Only a written agreement, signed by KG-dev (not a KG-dev Supplier) may vary the terms of this Agreement.
“Content” means 3D models, data sets, templates, and other similar materials and content owned by or licensed to KG-dev and/or its affiliates whether or not proprietary, which are made available to you through the Software.
“.3dbi” means the file format that is owned by KG-dev and contains geometric and identifiable information about a 3d model, intended for usage within the Software, as well as the used file name extension for such files.
“Viewer” means the custom Microsoft® Power BI® visual made by and owned by KG-dev, named “3DBI viewer – by KG-dev”, capable of reading .3dbi models.
“Creator” means any software, webservice or any tool provided to you that are made by and owned by KG-dev, such as but not limited to, Trimble® SketchUp® extensions, Autodesk® Revit® addins or Graphisoft® Archicad® Addons, that are capable of generating .3dbi models.
Unless otherwise noted, the Content, .3dbi, Viewer, Creator and Documentation are referred to collectively herein as “Software“.
“Access” means to use or benefit from using the functionality of the Software.
“Activation Key” means a unique code that can be purchased from KG-dev or its resellers that can be used to Access the Software for a limited time on a limited number of devices.
“Third-Party Software” means any third-party software that is provided to you under separate terms and conditions.
2. License Grant
Subject to the terms and conditions of this EULA (including the license restrictions set forth below), KG-dev grants you a limited, worldwide, non-transferable and non-exclusive license (without the right to sublicense) to access the software for your internal use only.
3. License Restrictions
You may not, and you may not permit anyone else to:
- Access the Software on more devices allowed by your Activation Key;
- Access the Software for a longer period than allowed by your Activation Key;
- copy, modify, adapt, translate, create a derivative work of the Software or use it for any public display or performance, except as expressly authorized in this EULA;
- decompile, reverse engineer, or disassemble the Software except and only to the extent permitted by applicable law (and then only with advance notice to KG-dev);
- remove, obscure or alter any product identification, proprietary, copyright, trademark or other notices contained in the Software or accessed in conjunction with or through the Software;
- distribute, sell, transfer, sublicense, rent, or lease the Software, or use the Software (or any portion thereof) for time sharing, hosting, service provider, or like purposes;
- take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Software; or
- use the Software in violation of any applicable laws or regulations.
5. Proprietary Rights
All software is licensed, not sold. You acknowledge and agree that:
- the Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws; and
- KG-dev owns all right, title and interest in and to the Software, including without limitation all Intellectual Property Rights therein.
“Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
Notwithstanding anything to the contrary contained herein, except for the limited license rights expressly provided herein, KG-dev and its suppliers have and will retain all rights, title and interest (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Software and all copies, modifications and derivative works thereof (including any changes which incorporate any of your ideas, feedback or suggestions). You acknowledge that you are obtaining only a limited license right to the Software and that irrespective of any use of the words “purchase”, “sale” or like terms hereunder no ownership rights are being conveyed to you under this Agreement or otherwise.
6. Termination of this License
You may terminate this EULA at any time by manually deleting the Software in all its forms from your computer and network locations.
If you violate this EULA, your authorization and license to Access the Software shall automatically terminate and you must immediately discontinue use of and destroy any copies of the Software.
Sections 3 (License Restrictions), 5 (Proprietary Rights), 7 (Warranty Disclaimer), 8 (Dangerous Activities) and 9 (Limitation of Liability) will survive any termination or expiration of this EULA.
7. Warranty Disclaimer
TO THE FULLEST EXTENT PERMITTED BY LAW, (A) THE SOFTWARE IS LICENSED “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” AND YOU BEAR ALL RISK OF USING IT; (B) KG-DEV, AND EACH OF OUR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS IN RELATION TO THE SOFTWARE; (C) YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE; AND (D) KG-DEV EXCLUDES ANY WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.
8. Dangerous Activities
The Software is not intended for use in the operation of nuclear facilities, life support systems, emergency communication, aircraft navigation or communication systems, air traffic control systems, technical building or structural design, power plant design or operation, or any other such activities in which the failure of the Software could lead to death, personal injury, or severe physical or environmental damages.
9. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KG-DEV SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KG-DEV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SOFTWARE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SOFTWARE. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS, IN NO EVENT WILL KG-DEV’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE.
10. Governing Law
This EULA and all related actions and proceedings is governed by the laws of BELGIUM. Any potential disputes or conflicts arising from or related to this Agreement, shall be presented before the competent Belgian Court. All agreements concluded by KG-dev with the client, as well as the execution of individual orders, shall be governed by and construed in accordance with Belgian Law, without regard to provisions of conflicts of law.
11. Third-Party Software
The Software may contain or be provided with certain Third-Party Software (including Open Source Software or other software which may be made available to you in source code form). Such Third-Party Software is not licensed hereunder and is licensed pursuant to the terms and conditions.