for devDept Software products
IMPORTANT: READ CAREFULLY: This End User License
Agreement ("EULA") is a legal agreement between you, a developer of
software applications, and devDept Software S.r.l. (“DEVDEPT”) for all DEVDEPT
products, frameworks, components, source code, demos, intermediate files,
media, printed materials, and "online" or electronic documentation
("SOFTWARE") contained in this distribution.
By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by
the terms of this EULA. If you do not agree to any part of the terms of this
EULA, DO NOT INSTALL, COPY, USE, EVALUATE, OR REPLICATE IN ANY MANNER, ANY
PART, FILE OR PORTION OF THE SOFTWARE.
SOFTWARE is protected by copyright
laws and international copyright treaties, as well as other intellectual
property laws and treaties. DEVDEPT or its suppliers own the title, copyright
and other intellectual property rights in SOFTWARE. SOFTWARE is licensed, not
Summary of some of the most popular topics covered in this EULA:
- Licenses granted are perpetual. They do not expire when your subscription does.
- Licensed users get unlimited, royalty-free distribution rights.
- Licensed users can install the SOFTWARE on any number of computers.
- To develop with the SOFTWARE, each developer must have his own subscription.
- You may not use the SOFTWARE to develop SDKs, APIs or development tools.
- The SOFTWARE is provided as-is, without representations or warranties of any kind.
GRANT OF LICENSE. DEVDEPT grants you the rights described in this EULA provided that you comply with all the terms and conditions of this EULA:
DEVDEPT grants the use of SOFTWARE according to one of the named license types
below as identified in SOFTWARE description and according to the feature list
included with SOFTWARE documentation.
Standard License. DEVDEPT grants to you one (1)
personal, nontransferable, nonexclusive, royalty free license to use copies of SOFTWARE
and install such Software on one (1) desktop computer and one (1) laptop
computer (i) for your single concurrent internal use, (ii) to design, develop
and test any number applications that you create.
Trial License. If
the SOFTWARE you have obtained is marked as a "TRIAL" or “EVALUATION”,
you may install one copy of the SOFTWARE for evaluation purposes only, for a
period of 30 calendar days from the date of installation ("EVALUATION
PERIOD"). Upon expiration of the EVALUATION PERIOD, the SOFTWARE must be
uninstalled and all copies destroyed. You may not create applications or begin
software projects using the SOFTWARE under the terms of the Trial license. You may
not redistribute files in the SOFTWARE distribution if using an evaluation or
trial version of the SOFTWARE.
Software Activation. SOFTWARE
may include technology that restricts the use of SOFTWARE to a specific
hardware profile that, when present, must be activated to use SOFTWARE. The
installation may be transferred to a new machine no more than once every 30
days with confirmation of deactivation of SOFTWARE from the original machine.
DEVDEPT may, but is not required to, at its discretion authorize additional
transfers for hardware failure or other circumstances.
Remote Access. The single primary user of the
licensed machine may access and use SOFTWARE installed on the licensed machine
remotely from any other device. No other person may use SOFTWARE under the same
Unlicensed Third Parties. Licenses are non-transferable. All parties must be licensed individually by DEVDEPT.
Documentation. With respect to electronic and
other documentation, you may make any number of copies (either in hard copy or
electronic form) provided that such copies shall be used only for internal
purposes and are not republished or distributed beyond your premises.
You are granted a royalty free license to redistribute in binary form any components of
SOFTWARE explicitly marked as redistributable provided that you provide all technical support for
the distribution, you do not allow recipients to disassemble, decompile, or in
any other way allow them to gain separate access to SOFTWARE or any part of SOFTWARE.
Redistributions in binary form must
reproduce the following copyright notice in the documentation, or wherever such
third-party acknowledgements normally appear: “Portion of copyright © devDept
Software S.r.l. All Rights Reserved.”
The end user documentation included
with the redistribution, if any, must include the following acknowledgment:
"This product includes software developed by devDept Software S.r.l. (http://www.devdept.com)." Alternately, this
acknowledgment may appear in the software itself, if and wherever such third
party acknowledgments normally appear. You may optionally exclude this notice
with written permission from DEVDEPT.
The name "DEVDEPT" must
not be used to endorse or promote products derived from this software without
prior written permission. For written permission, please contact email@example.com.
Works derived from SOFTWARE may not
be called "DEVDEPT", nor may "DEVDEPT" appear in their
name, without prior written permission of DEVDEPT.
DEVDEPT is not obligated to provide support for works derived from SOFTWARE.
Disassembly. You may not reverse engineer,
decompile, disassemble or in any other way try to gain access to information
regarding the construction of SOFTWARE or attempt in any way to circumvent or
disable any software protection including but not limited to encryption, copy
protection, machine profiling and software enforced restrictions.
- Reservation of Rights. DEVDEPT reserves all rights not expressly granted herein.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Rental. You may not rent, lease, or lend SOFTWARE
without express written permission from DEVDEPT.
Termination. Without prejudice to any other
rights, DEVDEPT may terminate this EULA if you fail to comply with the terms
and conditions of this EULA. In such event, you must immediately destroy all
copies of SOFTWARE, including backups and
all of its component parts and derived works. Section 5 and 6 will survive
termination of the agreement.
Term. The term of this EULA shall
continue perpetually from the date of purchase unless terminated according to
the provisions in section 2(b).
Consideration. For the rights and license granted
in this EULA you will pay DEVDEPT or an authorized reseller the currently
published retail price available at http://www.devdept.com or another mutually agreed upon amount to appear on a valid invoice.
Consent to Use of Data. You
agree that DEVDEPT and its affiliates may collect and use technical
information, excluding any Confidential Information, gathered as part of SOFTWARE
support services provided to you, if any, related to SOFTWARE. DEVDEPT may use
this information solely to improve its products, to provide customized services
or technologies to you and to verify compliance with terms of this EULA.
DEVDEPT may disclose this information, excluding any information explicitly
declared as Confidential Information, to others but not in a form that
personally identifies you.
Derived Works. You agree that you will not use SOFTWARE
to develop derived works that offer similar functionality as SOFTWARE, expose
the features of SOFTWARE for use by an unlicensed third party. You agree not to
create software that might directly compete with DEVDEPT products at the time
of the purchase.
SOFTWARE MAINTENANCE AND UPDATES
For a period of twelve (12) months
following the purchase of SOFTWARE, DEVDEPT will provide email support with
guaranteed response in one (1) business day.
For a period of twelve (12) months
following the purchase of SOFTWARE, DEVDEPT will provide free critical upgrades
to SOFTWARE. Updates may be obtained by logging in to your account at http://www.devdept.com/account
Upgrades and Updates. If
this copy of SOFTWARE is an upgrade or update from an earlier version of SOFTWARE,
it is provided to you on a license exchange basis. You agree by your installation
and use of such copy of SOFTWARE to voluntarily terminate your earlier EULA and
that you will not continue to use the earlier version of SOFTWARE or transfer
it to another person or entity.
EXPORT RESTRICTIONS. You acknowledge that SOFTWARE is subject to Italian export jurisdiction. You agree to comply with all applicable international and national laws that apply to SOFTWARE including the Italian Export Administration Regulations as well as end-user,
endues and destination restrictions issued by Italian and other governments.
INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into SOFTWARE and any copies of SOFTWARE
that you are expressly permitted to make herein) are owned by DEVDEPT or its
suppliers. All title and intellectual property rights in and to the content
which may be accessed through use of SOFTWARE are the property of the respective
content owner and may be protected by applicable copyright or other
intellectual property laws and treaties. This EULA grants you no rights to use
such content. All title and intellectual property rights in and to your
modifications to SOFTWARE are owned by you provided that such modifications are
made available to DEVDEPT free of charge and royalty free for inclusion in
later releases of SOFTWARE. All rights not expressly granted are reserved by
OPEN SOURCE LIBRARIES. The following open source libraries are used and included within the SOFTWARE:
SharpDX (Open Source – MIT license)
Copyright © 2010-2013 Alexander Mutel
Clipper (Open Source – BSL license)
Copyright © 2010-2014 Angus Johnson
Triangle.NET (Open Source – MIT license)
Copyright © 1993-2005 Jonathan Richard Shewchuk, © 2014 Christian Woltering
Version: Beta 3
LASzip.NET (Open Source – LGPL license)
Copyright © 2007-2014, Martin Isenburg, © 2014 Robert Schuldt
MIConvexHull (Open Source – LGPL license)
Copyright © 2015, Matthew Ira Campbell & David Sehnal
Protocol Buffers (Open Source – BSD license)
Copyright 2014, Google Inc.
GeometryGymIFC (Open Source – MIT license)
Copyright 2016, Geometry Gym Pty Ltd
Both parties recognize that the
other party may obtain proprietary and/or confidential information
(“Confidential Information”) in the course of the business relationship defined
herein. Each party therefore agrees that it will not disclose the Confidential
Information of the other party to any third party (i) except as provided for in
this EULA or as necessary to pursue and implement the business relationships
defined herein; (ii) to its responsible employees and professional advisors
with a bona fide need to know and whom are bound by agreement or law to keep
such information confidential; (iii) as authorized by the other party in
writing or (iv) to the extent required by applicable law, court, or government
agency, provided that the disclosing party promptly notifies the other party
thereof and cooperates with any efforts by the disclosing party, at the
disclosing party’s expense, to limit such disclosure by means of seeking a
protective order or requesting confidential treatment.
You shall notify DEVDEPT immediately
upon discovery of any unauthorized use or disclosure of confidential
information, and will cooperate with DEVDEPT in every reasonable way to help
DEVDEPT regain possession of the confidential information and prevent its
further unauthorized use or disclosure.
You agree to pay, liquidated damages
of no less than ten (10) times the purchase price or fifteen thousand Euros (€15,000)
whichever is greater plus any direct, indirect or actual damages if any
violation of section 6 is proved in a court of law or admitted.
LIMITED WARRANTY AND DISCLAIMER
Except with respect to a TRIAL,
EVALUATION or BETA versions of the SOFTWARE, DEVDEPT warrants that, for a
period of ninety (90) days from the date of delivery (as evidenced by a copy of
your receipt): (i) when used with a recommended hardware configuration, SOFTWARE
will perform in substantial conformance with the documentation supplied with SOFTWARE;
and (ii) the physical media on which SOFTWARE is furnished, if any, will be
free from defects in materials and workmanship under normal use.
PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR THE TRIAL, EVALUATION
OR BETA VERSION OF SOFTWARE. THE TRIAL, EVALUATION OR BETA VERSION OF SOFTWARE
IS PROVIDED "AS IS".
DEVDEPT AND ITS SUPPLIERS DISCLAIM ALL OTHER
WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE,
INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. ALSO, THERE IS NO WARRANTY OF NON INFRINGEMENT AND TITLE OR QUIET
ENJOYMENT. DEVDEPT DOES NOT WARRANT THAT SOFTWARE IS ERRORFREE OR WILL OPERATE
WITHOUT INTERRUPTION. SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN
HAZARDOUS ENVIRONMENTS REQUIRING FAIL SAFE CONTROLS, INCLUDING WITHOUT
LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR
FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL,
AND LIFE SUPPORT OR WEAPONS SYSTEMS. DEVDEPT SPECIFICALLY DISCLAIMS ANY EXPRESS
OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH
RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY
(90) DAYS FROM THE DATE OF DELIVERY.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
DEVDEPT, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY
OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
EXCLUSIVE REMEDY. Your exclusive remedy under the preceding is to return SOFTWARE to the place you acquired it, with a copy of your receipt and a description of
the problem. Provided that any noncompliance with the above warranty is
reported in writing to DEVDEPT no more than ninety (90) days following delivery
to you, DEVDEPT will use reasonable commercial efforts to supply you with a
replacement copy of SOFTWARE that substantially conforms to the documentation,
provide a replacement for defective media, or refund to you your purchase price
for SOFTWARE, at its option. DEVDEPT shall have no responsibility if SOFTWARE
has been altered in any way, if the media has been damaged by misuse, accident,
abuse, modification or misapplication, or if the failure arises out of use of SOFTWARE
with other than a recommended hardware or software configuration. Any such
misuse, accident, abuse, modification or misapplication of SOFTWARE will void
the warranty above.
THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY
AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO
THE SOFTWARE AND RELATED DOCUMENTATION.
LIMITATION OF LIABILITY
NEITHER DEVDEPT NOR ITS SUPPLIERS SHALL BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER
OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE
INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS,
BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO
USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF DEVDEPT OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO
HAVE FAILED OF ITS ESSENTIAL PURPOSE.
DEVDEPT'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES
FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF €50 EUROS OR THE
AMOUNT PAID BY YOU FOR SOFTWARE THAT CAUSED SUCH DAMAGE.
THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED
TO APPLY TO THE WARRANTIES ANDDISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA.
INDEMNITY. You agree to indemnify DEVDEPT and
its officers, directors, employees, agents, and representatives from each and
every demand, claim, loss, liability, or damage of any kind, including actual
attorney's fees, whether in tort or contract, that it or any of them may incur
by reason of, or arising out of, any claim which is made by any third party
with respect to any breach or violation of this Agreement by you or any claims
based on the Applications and SOFTWARE included herein.
NO WAIVER. No action taken by either party pursuant to this EULA, and
no waiver by either party, whether express or implied, of any provision or
right in this EULA or any breach thereof, and no failure of either party to
exercise or enforce any of its rights under this EULA, will constitute a
continuing waiver with respect to such provision or right or as a breach or
waiver or any other provision or right, whether or not similar.
SEVERABILITY. If any covenant or provision of the
EULA is determined to be void or unenforceable in whole or part, then such void
or unenforceable covenant or provision shall be deleted from this EULA and
shall not effect or impair the enforceability or validity of any other covenant
or provision of this EULA or any part thereof.
GOVERNING LAW. If you acquired SOFTWARE in Italy,
this EULA is governed by the Italian law and the courts of Bologna shall have
exclusive jurisdiction on any dispute arising out or in connection with this
Agreement. If SOFTWARE was acquired outside Italy, then local law may apply.
FURTHER INSTRUMENTS. Except as otherwise expressly provided in this
agreement, each party shall furnish to the other (and shall deliver and cause to be executed, acknowledged
and delivered to the other) any further instruments, which such other party may
reasonably require or deem necessary from time to time to evidence, establish,
protect, enforce, defend or secure to such other party any or all of its rights
hereunder or to more effectuate or carry out the purposes, provisions or intent
of this agreement.
CAPTIONS. All indexes, titles, subject
headings, section titles, and similar items are provide for the purpose of
reference and convenience and are not intended to be inclusive, definitive, or
to affect the meaning or scope of this agreement.
ENTIRE AGREEMENT. This
EULA is the entire agreement between you and DEVDEPT relating to SOFTWARE and
the support services (if any) and it supersedes all prior or contemporaneous
oral or written communications, proposals and representations with respect to SOFTWARE
or any other subject matter covered by this EULA. To the extent the terms of
any DEVDEPT policies or programs for support services conflict with the terms
of this EULA, the terms of this EULA shall control.
Version 1.16, Revised January 12, 2018