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NOTE: PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY, AND MAKE SURE YOU HAVE UNDERSTOOD THE RULES. RUHRSOURCE GMBH ("LICENSOR") GRANTS THE RIGHT TO USE THIS SOFTWARE TO YOU ("LICENSEE") ONLY IF YOU AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE SOFTWARE LICENSE AGREEMENT. DO THIS BY CLICKING "OK" OR "YES". IF YOU DO NOT ACCEPT THIS SOFTWARE LICENSE AGREEMENT, CLICK "CANCEL", "NO", OR "CLOSE WINDOW". IN THIS CASE, YOU ARE NOT ALLOWED TO INSTALL OR USE THE PROVIDED SOFTWARE.
1. OBJECT OF AGREEMENT
1.1 The subject of this software licensing agreement ("contract") is the grant of rights from the Licensor to the Licensee to use the software CUR3D Maker Edition ("License Object").
The Licensor is the owner of the copyright and other industrial property rights in the software and reserves all rights to the object of the license provided that these have not been expressly granted to the customer in the following provisions.
1.2 The subject of the license consists of the object code of the software and the accompanying documentation.
2. GRANT OF RIGHTS
2.1 In conjunction with this Agreement and subject to the restrictions set forth herein, the Licensor hereby grants the Licensee a simple, unlimited right to use the License Object (hereinafter "License"). The license entitles the Licensee to install the License Object as object code – according to the product description – on a single computer or several computers and to use it for private purposes as intended by the Licensee. Commercial use of the License Object is prohibited.
2.2 In particular, the Licensee is prohibited from copying, renting or leasing the Licensed Object in whole or in part, to change, translate or otherwise redesign the License Object, to sublicense the License Object or to publicly display the License Object wired or wirelessly, including public access in a way that it is accessible to members of the public from places and at times of their choice. The Licensee is also prohibited from decompiling, disassembling or reverse engineering the License Object ("reverse engineering"), unless the Licensee is entitled to do so under the relevant compulsory copyright.
2.3 All rights to the source code of the License Object are exclusive to the Licensor. The Licensee is not entitled to access or to publish the source code. § 69e Copyright Act remains unaffected.
2.4 The license is non-transferable; except for the copy of the software downloaded by the Licensee provided that the Licensee makes the program copy installed on his computer unusable at the time of transmission.
2.5 Upon request and insofar as there is a legitimate interest, the Licensee will allow the Licensor or a third party commissioned by him to check whether the use of the License Object is within the rights granted herein; the Licensee will assist the Licensor in carrying out such an audit to the best of its ability.
2.6 The Licensor reserves the right to revise, extend or delete any parts of the Licensed Object from time to time at its sole discretion. In addition, the Licensor is entitled to change or provide, at any time and from time to time, any updates or upgrades to the Licensed Object or components thereof at its sole discretion. Licensee agrees and acknowledges that no products or services of the Licensor have been licensed to him if not expressly described in this agreement.
2.7 Under the foregoing provisions, the Licensee acknowledges that the Licensed Object contains software that is subject to other terms of use with respect to the use of such software than this Agreement. Open source software licenses may be applicable to certain such components, which means that any software license approved by the Open Source Initiative as open source software or by a correspondingly equivalent license makes it a condition for the distribution of such software, that the Distributor will make this software available in the source code format. See § 11 for further information on the software components that fall under such a license as well as their respective terms of use. These may, however, be changed by third parties at any time. If necessary, the Licensor hereby provides the corresponding software in the source code.
3. INTERNET CONNECTION
The Licensee agrees that access to the Licensed Object, as well as certain features, require a connection to the Internet for which he is solely responsible. The operation of the License Object may possibly be limited or restricted by bandwidth and other technical restrictions on which the Licensor has no influence. The responsibility for this lies with a third party who makes the Internet connection available.
4. CONTRACT TERM
4.1 The term of this Agreement shall commence upon your acceptance of the terms of this Agreement and terminate with the expiration of the License in accordance with the product description.
4.2 Upon expiry or termination of this Agreement, the rights and licenses granted to the Licensee under this Agreement expire without delay and shall immediately terminate the use of the Licensed Products.
5. WARRANTY
5.1 The Licensor guarantees the agreed upon character of the License Object as well as that the Licensee can use the License Object without violating the rights of third parties. The warranty is not applicable to deficiencies due to the use of the Licensed Object in a hardware and software environment that does not meet the requirements set out in the product description, or for changes and modifications made by the Licensee to the Licensed Object without virtue of the law, of this agreement or by the prior written consent of the Licensor.
5.2 If the Licensee is an entrepreneur and has acquired the rights of use of the License Object for an indefinite period, he shall upon receipt immediately check the License Object for obvious defects and notify the Licensor of them without delay. The same applies if such a defect emerges later. Section 377 of the German Commercial Code (HGB) applies.
In case of defects, the Licensor is entitled to supplementary performance, i.e. at his own option to remove the defect ("rework") or replacement delivery. With the replacement delivery, the Licensee may adopt a new version of the software, unless this leads to unacceptable impairments. In the case of legal deficiencies, the Licensor shall, at his own discretion, grant the Licensee with a legally faultless use of the License Object or modify it in such a way that no third party rights are infringed.
5.3 The Licensor is entitled to provide the warranty in the rooms of the Licensee. The Licensor also complies with his obligation to rectify the problem by providing updates with an automatic installation routine for downloading on his homepage and offering telephone support to the Licensee for solving any installation problems.
5.4 The right of the Licensee to reduce the purchase price or to withdraw from the contract in case of a double failure of the repair or replacement delivery at his option remains unaffected. There is no right of withdrawal in case of insignificant defects. If the Licensee claims compensation or compensation for futile expenses, the seller is liable according to section 6.
5.5 If the Licensee is an entrepreneur and has acquired a limited-term right to use the License Object, the Licensor guarantees the maintenance of the contractually agreed character of the License Object during the contract period as well as that no rights of a third party are infringed. The Licensor shall remedy any material and legal deficiencies in the Licensed Object in an appropriate time.
The Licensee is obliged to notify the Licensor immediately of defects of the software after their discovery. This shall be done as a description of the time of occurrence of the deficiencies and the specific circumstances.
5.6 If the customer is a consumer, the federal warranty rules apply unrestrictedly.
5.7 With the exception of claims for damages, warranty claims due to defects will expire in two years or in one year if no consumer is involved. The limitation period begins with the delivery of the contractual software, in case of sale by download from the Internet after notification and unblocking of the access data for the download area. Claims for damages and claims for reimbursement of futile expenses shall be subject to the provisions of Section 6.
6. LIABILITY, DAMAGES
6.1 The Licensor is liable under this Agreement only in accordance with the following provisions in (a) to (e):
(a) The Licensor shall be liable without limitation for deliberate or grossly negligent damage caused by the Licensor, his legal representatives or managerial staff, as well as deliberately caused damages of other means by helpers; for gross negligence on the part of other vicarious agents, liability shall be governed by the provisions for negligence laid down in (e) below.
(b) The Licensor shall be liable without limitation for deliberate or negligently caused damage to life, body or health by the Licensor, his legal representatives or vicarious agents.
(c) The Licensor is liable for damages due to missing assured characteristics up to the amount which was covered by the purpose of the assurance and which was recognizable to the Licensor upon delivery of the assurance.
(d) The Licensor is liable for damages according to the provisions of the Product Liability Act.
(e) The Licensor is liable for damages resulting from the violation of cardinal obligations by the Licensor, his legal representatives or vicarious agents; cardinal obligations are the essential obligations which form the basis of the contract which were decisive for the conclusion of the agreement and on which the Licensee may trust. If the Licensor has slightly violated these cardinal obligations, his liability is limited to the amount foreseeable for the Licensor at the time of the respective performance.
6.2 As far as legally permissible, the Licensor is not liable for the loss of data.
6.3 A further liability of the Licensor is excluded.
7. AUDIT RIGHT
The Licensor will allow the Licensor, at his request, to verify the proper use of the Licensed Object, in particular whether the Licensee uses it qualitatively and quantitatively within the limits of the Licenses purchased by him. For this purpose, the Licensee will provide information to the Licensor, grant access to relevant documents and documents, as well as allow the Licensor to verify the hardware and software environment, or an auditing company that is approved by the Licensee and acceptable to the Licensor. The Licensor may carry out the examination in the premises of the Licensee at regular business hours or have it carried out by third parties obliged to maintain secrecy. The Licensor shall ensure that the business operations of the Licensee are disturbed as little as possible by their activities on the spot. If the review reveals an excess of 5% (5%) or other non-contractual use, Licensee bears the cost of the review, otherwise the Licensor's costs bear.
8. PRIVACY POLICY
8.1 Upon conclusion of this agreement, the Licensee agrees to the validity of the data protection provisions of the Licensor as amended.
8.2 The Licensor is allowed to collect the following data: the MAC address of the system on which the License Object was installed, as well as the number of printouts made by means of the License Object. This information is used to provide the Licensor's services and to inform the Licensee of product upgrades, new products and services, offers and other information. If the Licensor requires further data for the fulfillment of these purposes, he shall inform the Licensee thereof before the data collection.
9. PRODUCT IMPROVEMENTS AND EVALUATION
9.1 In the case of crashes, data is transmitted to help the Licensor identify problems with the License Object. This is:
• A description of the problem. Depending on the type of installation, this can contain the name of the Windows user account of the Licensee. It also contains information about the hardware configuration and the properties of the printer profile selected for the current project.
• A list of all CUR3D updates installed by the program; As well as the time when the Licensee started the installation.
• A screenshot of the program at the time of the crash. This can contain all data that was displayed in the program at this time, in particular: filenames & path; Names of the objects within the file; Exact dimensions. However, NO images or data from other programs on the system.
The Licensee may object to the transmission of this data without affecting the functionality of the License Object.
9.2 In all cases, the data of the Licensee is used exclusively for the two aforementioned purposes in accordance with the provisions of the Federal Data Protection Act (Bundesdatenschutzgesetz) and is not passed on to third parties. The data is stored exclusively until the end of the period.
10. FINAL PROVISIONS
10.1 Amendments to this contract require their written form to be effective. This also applies to this requirement.
10.2 This Agreement shall be governed by the laws of the Federal Republic of Germany, with the exception of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.
10.3 General terms and conditions of the Licensee are not applicable.
10.4 The parties agree on the domicile of the Licensor as an exclusive court of jurisdiction for all disputes arising out of or in connection with this contract, provided that the Licensee is a merchant within the meaning of the German Commercial Code or the Licensee has no seat in the Federal Republic of Germany.
10.5 The parties are aware that the software may be subject to export and import restrictions. In particular, authorization may be required or use of the software or associated technologies may be restricted abroad. The Licensee will comply with the applicable export and import control regulations of the Federal Republic of Germany, the European Union and the United States of America, as well as all other relevant regulations. The fulfillment of the contract by the Licensor is subject to the proviso that the fulfillment does not constitute any obstacles to national and international regulations of export and import law as well as no other legal regulations.
10.6 The invalidity of individual provisions of this agreement shall not affect the validity of the remaining provisions. In this case, the parties undertake to agree on effective regulations which come closest to the intended purpose of the invalid regulations. This also applies to the closure of any gaps in this Agreement.
11. OPEN SOURCE NOTE
11.1 Open Asset Import Library (www.assimp.sourceforge.net)
Copyright (c) 2006 - 2015 assimp team
All rights reserved.
License: www.assimp.sourceforge.net/main_license.html
11.2 OpenVDB (www.openvdb.org)
You have the right to obtain a copy of the source code by reasonable means in a timely manner, at a charge no more than the cost of distribution. Write to info@ruhrsource.com for more information.
License: www.openvdb.org/license
11.3 zlib (www.zlib.net)
Copyright (c) Jean - loup Gailly, Mark Adler
License: www.zlib.net/zlib_license.html
11.4 Google Material Icons
under the Apache License Version 2.0
www.material.io/icons
11.5 FreeImage (www.freeimage.sourceforge.net)
License: www.freeimage.sourceforge.net/freeimage-license.txt
11.6 FreeType (www.freetype.org)
Portions of this software are copyright © 2016 The FreeType Project (www.freetype.org). All rights reserved.
License: http://git.savannah.gnu.org/cgit/freetype/freetype2.git/tree/docs/FTL.TXT
11.7 Intel Threading Building Blocks (www.threadingbuildingblocks.org)
License: www.apache.org/licenses/LICENSE-2.0
1. OBJECT OF AGREEMENT
1.1 The subject of this software licensing agreement ("contract") is the grant of rights from the Licensor to the Licensee to use the software CUR3D Maker Edition ("License Object").
The Licensor is the owner of the copyright and other industrial property rights in the software and reserves all rights to the object of the license provided that these have not been expressly granted to the customer in the following provisions.
1.2 The subject of the license consists of the object code of the software and the accompanying documentation.
2. GRANT OF RIGHTS
2.1 In conjunction with this Agreement and subject to the restrictions set forth herein, the Licensor hereby grants the Licensee a simple, unlimited right to use the License Object (hereinafter "License"). The license entitles the Licensee to install the License Object as object code – according to the product description – on a single computer or several computers and to use it for private purposes as intended by the Licensee. Commercial use of the License Object is prohibited.
2.2 In particular, the Licensee is prohibited from copying, renting or leasing the Licensed Object in whole or in part, to change, translate or otherwise redesign the License Object, to sublicense the License Object or to publicly display the License Object wired or wirelessly, including public access in a way that it is accessible to members of the public from places and at times of their choice. The Licensee is also prohibited from decompiling, disassembling or reverse engineering the License Object ("reverse engineering"), unless the Licensee is entitled to do so under the relevant compulsory copyright.
2.3 All rights to the source code of the License Object are exclusive to the Licensor. The Licensee is not entitled to access or to publish the source code. § 69e Copyright Act remains unaffected.
2.4 The license is non-transferable; except for the copy of the software downloaded by the Licensee provided that the Licensee makes the program copy installed on his computer unusable at the time of transmission.
2.5 Upon request and insofar as there is a legitimate interest, the Licensee will allow the Licensor or a third party commissioned by him to check whether the use of the License Object is within the rights granted herein; the Licensee will assist the Licensor in carrying out such an audit to the best of its ability.
2.6 The Licensor reserves the right to revise, extend or delete any parts of the Licensed Object from time to time at its sole discretion. In addition, the Licensor is entitled to change or provide, at any time and from time to time, any updates or upgrades to the Licensed Object or components thereof at its sole discretion. Licensee agrees and acknowledges that no products or services of the Licensor have been licensed to him if not expressly described in this agreement.
2.7 Under the foregoing provisions, the Licensee acknowledges that the Licensed Object contains software that is subject to other terms of use with respect to the use of such software than this Agreement. Open source software licenses may be applicable to certain such components, which means that any software license approved by the Open Source Initiative as open source software or by a correspondingly equivalent license makes it a condition for the distribution of such software, that the Distributor will make this software available in the source code format. See § 11 for further information on the software components that fall under such a license as well as their respective terms of use. These may, however, be changed by third parties at any time. If necessary, the Licensor hereby provides the corresponding software in the source code.
3. INTERNET CONNECTION
The Licensee agrees that access to the Licensed Object, as well as certain features, require a connection to the Internet for which he is solely responsible. The operation of the License Object may possibly be limited or restricted by bandwidth and other technical restrictions on which the Licensor has no influence. The responsibility for this lies with a third party who makes the Internet connection available.
4. CONTRACT TERM
4.1 The term of this Agreement shall commence upon your acceptance of the terms of this Agreement and terminate with the expiration of the License in accordance with the product description.
4.2 Upon expiry or termination of this Agreement, the rights and licenses granted to the Licensee under this Agreement expire without delay and shall immediately terminate the use of the Licensed Products.
5. WARRANTY
5.1 The Licensor guarantees the agreed upon character of the License Object as well as that the Licensee can use the License Object without violating the rights of third parties. The warranty is not applicable to deficiencies due to the use of the Licensed Object in a hardware and software environment that does not meet the requirements set out in the product description, or for changes and modifications made by the Licensee to the Licensed Object without virtue of the law, of this agreement or by the prior written consent of the Licensor.
5.2 If the Licensee is an entrepreneur and has acquired the rights of use of the License Object for an indefinite period, he shall upon receipt immediately check the License Object for obvious defects and notify the Licensor of them without delay. The same applies if such a defect emerges later. Section 377 of the German Commercial Code (HGB) applies.
In case of defects, the Licensor is entitled to supplementary performance, i.e. at his own option to remove the defect ("rework") or replacement delivery. With the replacement delivery, the Licensee may adopt a new version of the software, unless this leads to unacceptable impairments. In the case of legal deficiencies, the Licensor shall, at his own discretion, grant the Licensee with a legally faultless use of the License Object or modify it in such a way that no third party rights are infringed.
5.3 The Licensor is entitled to provide the warranty in the rooms of the Licensee. The Licensor also complies with his obligation to rectify the problem by providing updates with an automatic installation routine for downloading on his homepage and offering telephone support to the Licensee for solving any installation problems.
5.4 The right of the Licensee to reduce the purchase price or to withdraw from the contract in case of a double failure of the repair or replacement delivery at his option remains unaffected. There is no right of withdrawal in case of insignificant defects. If the Licensee claims compensation or compensation for futile expenses, the seller is liable according to section 6.
5.5 If the Licensee is an entrepreneur and has acquired a limited-term right to use the License Object, the Licensor guarantees the maintenance of the contractually agreed character of the License Object during the contract period as well as that no rights of a third party are infringed. The Licensor shall remedy any material and legal deficiencies in the Licensed Object in an appropriate time.
The Licensee is obliged to notify the Licensor immediately of defects of the software after their discovery. This shall be done as a description of the time of occurrence of the deficiencies and the specific circumstances.
5.6 If the customer is a consumer, the federal warranty rules apply unrestrictedly.
5.7 With the exception of claims for damages, warranty claims due to defects will expire in two years or in one year if no consumer is involved. The limitation period begins with the delivery of the contractual software, in case of sale by download from the Internet after notification and unblocking of the access data for the download area. Claims for damages and claims for reimbursement of futile expenses shall be subject to the provisions of Section 6.
6. LIABILITY, DAMAGES
6.1 The Licensor is liable under this Agreement only in accordance with the following provisions in (a) to (e):
(a) The Licensor shall be liable without limitation for deliberate or grossly negligent damage caused by the Licensor, his legal representatives or managerial staff, as well as deliberately caused damages of other means by helpers; for gross negligence on the part of other vicarious agents, liability shall be governed by the provisions for negligence laid down in (e) below.
(b) The Licensor shall be liable without limitation for deliberate or negligently caused damage to life, body or health by the Licensor, his legal representatives or vicarious agents.
(c) The Licensor is liable for damages due to missing assured characteristics up to the amount which was covered by the purpose of the assurance and which was recognizable to the Licensor upon delivery of the assurance.
(d) The Licensor is liable for damages according to the provisions of the Product Liability Act.
(e) The Licensor is liable for damages resulting from the violation of cardinal obligations by the Licensor, his legal representatives or vicarious agents; cardinal obligations are the essential obligations which form the basis of the contract which were decisive for the conclusion of the agreement and on which the Licensee may trust. If the Licensor has slightly violated these cardinal obligations, his liability is limited to the amount foreseeable for the Licensor at the time of the respective performance.
6.2 As far as legally permissible, the Licensor is not liable for the loss of data.
6.3 A further liability of the Licensor is excluded.
7. AUDIT RIGHT
The Licensor will allow the Licensor, at his request, to verify the proper use of the Licensed Object, in particular whether the Licensee uses it qualitatively and quantitatively within the limits of the Licenses purchased by him. For this purpose, the Licensee will provide information to the Licensor, grant access to relevant documents and documents, as well as allow the Licensor to verify the hardware and software environment, or an auditing company that is approved by the Licensee and acceptable to the Licensor. The Licensor may carry out the examination in the premises of the Licensee at regular business hours or have it carried out by third parties obliged to maintain secrecy. The Licensor shall ensure that the business operations of the Licensee are disturbed as little as possible by their activities on the spot. If the review reveals an excess of 5% (5%) or other non-contractual use, Licensee bears the cost of the review, otherwise the Licensor's costs bear.
8. PRIVACY POLICY
8.1 Upon conclusion of this agreement, the Licensee agrees to the validity of the data protection provisions of the Licensor as amended.
8.2 The Licensor is allowed to collect the following data: the MAC address of the system on which the License Object was installed, as well as the number of printouts made by means of the License Object. This information is used to provide the Licensor's services and to inform the Licensee of product upgrades, new products and services, offers and other information. If the Licensor requires further data for the fulfillment of these purposes, he shall inform the Licensee thereof before the data collection.
9. PRODUCT IMPROVEMENTS AND EVALUATION
9.1 In the case of crashes, data is transmitted to help the Licensor identify problems with the License Object. This is:
• A description of the problem. Depending on the type of installation, this can contain the name of the Windows user account of the Licensee. It also contains information about the hardware configuration and the properties of the printer profile selected for the current project.
• A list of all CUR3D updates installed by the program; As well as the time when the Licensee started the installation.
• A screenshot of the program at the time of the crash. This can contain all data that was displayed in the program at this time, in particular: filenames & path; Names of the objects within the file; Exact dimensions. However, NO images or data from other programs on the system.
The Licensee may object to the transmission of this data without affecting the functionality of the License Object.
9.2 In all cases, the data of the Licensee is used exclusively for the two aforementioned purposes in accordance with the provisions of the Federal Data Protection Act (Bundesdatenschutzgesetz) and is not passed on to third parties. The data is stored exclusively until the end of the period.
10. FINAL PROVISIONS
10.1 Amendments to this contract require their written form to be effective. This also applies to this requirement.
10.2 This Agreement shall be governed by the laws of the Federal Republic of Germany, with the exception of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.
10.3 General terms and conditions of the Licensee are not applicable.
10.4 The parties agree on the domicile of the Licensor as an exclusive court of jurisdiction for all disputes arising out of or in connection with this contract, provided that the Licensee is a merchant within the meaning of the German Commercial Code or the Licensee has no seat in the Federal Republic of Germany.
10.5 The parties are aware that the software may be subject to export and import restrictions. In particular, authorization may be required or use of the software or associated technologies may be restricted abroad. The Licensee will comply with the applicable export and import control regulations of the Federal Republic of Germany, the European Union and the United States of America, as well as all other relevant regulations. The fulfillment of the contract by the Licensor is subject to the proviso that the fulfillment does not constitute any obstacles to national and international regulations of export and import law as well as no other legal regulations.
10.6 The invalidity of individual provisions of this agreement shall not affect the validity of the remaining provisions. In this case, the parties undertake to agree on effective regulations which come closest to the intended purpose of the invalid regulations. This also applies to the closure of any gaps in this Agreement.
11. OPEN SOURCE NOTE
11.1 Open Asset Import Library (www.assimp.sourceforge.net)
Copyright (c) 2006 - 2015 assimp team
All rights reserved.
License: www.assimp.sourceforge.net/main_license.html
11.2 OpenVDB (www.openvdb.org)
You have the right to obtain a copy of the source code by reasonable means in a timely manner, at a charge no more than the cost of distribution. Write to info@ruhrsource.com for more information.
License: www.openvdb.org/license
11.3 zlib (www.zlib.net)
Copyright (c) Jean - loup Gailly, Mark Adler
License: www.zlib.net/zlib_license.html
11.4 Google Material Icons
under the Apache License Version 2.0
www.material.io/icons
11.5 FreeImage (www.freeimage.sourceforge.net)
License: www.freeimage.sourceforge.net/freeimage-license.txt
11.6 FreeType (www.freetype.org)
Portions of this software are copyright © 2016 The FreeType Project (www.freetype.org). All rights reserved.
License: http://git.savannah.gnu.org/cgit/freetype/freetype2.git/tree/docs/FTL.TXT
11.7 Intel Threading Building Blocks (www.threadingbuildingblocks.org)
License: www.apache.org/licenses/LICENSE-2.0