SpriteUV End-User License Agreement
IMPORTANT – READ CAREFULLY: This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single legal entity) (Licensee) and SpriteUV. This EULA applies after the Licensee has received the SpriteUV from any party. The Licensee agrees to be bound by the terms of this EULA by installing, copying, downloading or otherwise using the SpriteUV. If the Licensee does not agree to the terms of this EULA, you may not install, copy, download or otherwise use the SpriteUV.
- Software means releases and updates of SpriteUV software products identified on SpriteUV website.
- Authorized User means a person who accesses and uses Software under a User License.
- User License means a license granted under this EULA to the Licensee to permit an Authorized User to use Software.
- Grant of License
- Subject to the terms of this Agreement, the terms of the license type selected from Exhibit A and the payment of any applicable license fees, SpriteUV grants You a limited, non-exclusive, non-sublicensable and non-transferable license to (a) download, install, execute and perform the Software in machine readable object code form only and solely for internal use.
- The Software covered under this Agreement shall also include any and all updates, upgrades, bug fixes, dot releases, version upgrades, or any similar revisions or improvements (collectively, "Updates"), that may be made available to You by SpriteUV from time to time.
- Without SpriteUV's written permission, You may not (a) copy the Software, except for backup purposes or otherwise as expressly permitted by this Agreement, (b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Software, (c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Software or any part thereof except as and only to the extent this restriction is prohibited by law, (d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices on or in the Software, including any copy thereof, (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Software or any features or functionality of the Software to any third party for any reason or (f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Software.
- SpriteUV2 Free Restrictions.
- If you are a Legal Entity, you acknowledge and agree that as an express condition to the license rights granted under Section 1(a), you are not permitted to combine or integrate in any manner any Licensee Content developed with SpriteUV2 Free with any Licensee Content developed simultaneously with SpriteUV2 Pro / Corp.
- You agree to take appropriate measures to protect Your license key for the Software from unauthorized use. You are responsible for all damages arising from the use of the Software associated with Your license key in violation of this Agreement.
- Ownership and Reservation of Rights
- SpriteUV reserves all rights not expressly granted to the Licensee in this EULA.
- The Software and all copies thereof are protected by copyright and other intellectual property laws and treaties.
- SpriteUV or relevant third parties own the title, copyright, and other intellectual property rights in the Software and all subsequent copies of the Software.
- The Software is licensed, not sold and the Licensee does not acquire any rights of ownership in the Software.
- The Software may require Updates in order to run effectively. Updates are subject to the terms of this Agreement and may include new features, bug fixes or the removal of features of the Software. SpriteUV will provide Updates at no cost to You during the term of this Agreement. Updates do not increase the authorized number of computers or named users for Your license type.
- This EULA between SpriteUV and the Licensee is terminated in the following cases:
- Without prejudice to any other rights and in addition to any other termination rights in this EULA, SpriteUV may terminate this EULA if the Licensee fails to comply with the terms and conditions of this EULA.
- The decommissioning of the Software (including, but not limited to, installing another version of the Software) by the Licensee will have, as a consequence, the termination of this EULA.
- Immediately upon termination of a license granted under this EULA, the Licensee must at its own cost cease permitting access to and procure that all Authorized Users immediately cease all use of the Software, with the exception of using the Software to export data collected by the Software.
- Every version of the Software is treated as a separate product and comes under its own End-User License Agreement. By installing any other version of the Software, which is licensed under the terms of this EULA, and enters into another End-User License Agreement that comes with the installed version.
- Infringement Indemnification
- If the Software becomes, or in the opinion of SpriteUV may become, the subject of a claim of infringement of any third party’s intellectual property rights, SpriteUV may, at its option and in its discretion: (i) procure for Licensee the right to use the Software free of any liability; (ii) replace or modify the Software to make it non-infringing;
- Licensee will indemnify and hold harmless SpriteUV against all costs, expenses, losses and claims made against SpriteUV as a result of any infringement of a third party’s intellectual property rights arising from the Licensee’s or its Authorized User’s modification to the Software or combination of the Software with other products by Licensee or any of its Authorized Users.
- You acknowledge and agree the Software (including the SpriteUV runtime in your Licensee Content) may make Internet connections and report information back to SpriteUV to (i) check for Software updates; (ii) provide aggregated usage statistics of your use of the Software and the use of your Licensee Content by end users; and (iii) validate license keys in order to prevent unauthorized use.
- You acknowledge and agree we may collect some or all of the following Information about your system or device during your use of the software:
- The operating system and version running on your system or device;
- IP address;
- Version of the SpriteUV;
- Number of atlas builded
- Exclusion of Warranties and Limitation of Liability
- To the maximum extent permitted by applicable law in the jurisdiction in which the Software is supplied, SpriteUV and its third party suppliers provide the Software AS IS AND WITH ALL FAULTS, SPRITEUV, ON ITS OWN BEHALF AND ON BEHALF OF ITS LICENSORS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, SPRITEUV PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
- SPRITEUV SHALL NOT BE LIABLE TO YOU FOR ANY CAUSE RELATED TO OR ARISING OUT OF THIS AGREEMENT, WHETHER IN AN ACTION BASED ON A CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, HOWEVER ARISING, FOR (A) DAMAGES IN AN AMOUNT THAT EXCEEDS THE TOTAL FEES PAID BY YOU TO SPRITEUV FOR YOUR SOFTWARE LICENSE DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT WHICH GIVES RISE TO SUCH DAMAGES, (B) COST OF SUBSTITUTE GOODS, ANY DAMAGES BASED ON DELAY OR INABILITY TO USE THE SOFTWARE, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM COMPUTER FAILURE, MALFUNCTION OR SHUTDOWN OR (C) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THESE LIMITATIONS SHALL APPLY WHETHER OR NOT SPRITEUV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTHWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
- This EULA may not be amended except with the written agreement of SpriteUV whose consent may be withheld in its complete discretion without any requirement to provide reasons.
- Governing Law
- This EULA shall be governed by and construed in accordance with the substantial laws in force in the EU.
- Entire Agreement and Severability
- If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
SpriteUV License Types
1. SpriteUV2 Free License
(a) The SpriteUV Freel License authorizes You to use the available functions. And provided to the Licensee free of charge.
2. SpriteUV2 Pro License
(a) The SpriteUV2 Pro License is valid for entities with annual revenues of less than $300,000 USD or equivalent foreign currency. If annual revenues exceed this amount at any time, the license is no longer valid and the SpriteUV2 Corp License is required or all use of the Software.
(b) The SpriteUV2 Pro License authorize a single named user to use the corresponding Pro version of the Software with the provided license key on up to two computers maximum. The use of the Software by anyone other than the named user is expressly prohibited. The license key may not be installed on more than two computers at the same time.
3. SpriteUV2 Corp License
(a) The SpriteUV2 Corp License authorizes use of the Corp version of the Software with the provided license key for the number of users licensed. The number of computers on which the Software is in use must not exceed the number of users licensed. A server or otherwise shared installation where the number of users is not strictly controlled is prohibited.
Copyright © 2009-2010, All rights reserved. Poly2Tri contributors
Autodesk® FBX® http://www.autodesk.com/fbx
This software contains Autodesk® FBX® code developed by Autodesk, Inc. Copyright 2016 Autodesk, Inc. All rights, reserved. Such code is provided “as is” and Autodesk, Inc. disclaims any and all warranties, whether express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. In no event shall Autodesk, Inc. be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of such code.