END-USER LICENSE AGREEMENT (EULA) FOR 3D INSPECTION SYSTEM SOFTWARE

BY CLICKING “I AGREE”, DOWNLOADING, ACCESSING, INSTALLING, RUNNING OR USING 3D INSPECTION SYSTEM SOFTWARE (“3D SOFTWARE”) AND DOCUMENTATION, YOU AGREE (I) THAT THIS EULA IS A LEGALLY BINDING AND VALID AGREEMENT, (II) TO ABIDE BY THE TERMS AND CONDITIONS OF THIS EULA, AND (III) TO TAKE ALL NECESSARY STEPS TO ENSURE THAT THE TERMS AND CONDITIONS OF THIS EULA ARE NOT VIOLATED BY ANY PERSON OR ENTITY UNDER YOUR CONTROL OR IN YOUR SERVICE. IF YOU ARE USING THE SOFTWARE ON BEHALF OF AN ORGANIZATION, YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THIS EULA FOR THAT ORGANIZATION AND PROMISING THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS. IN THAT CASE, “YOU” AND “YOUR” ALSO REFERS TO THAT ORGANIZATION. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT CLICK “I AGREE”, DOWNLOAD, ACCESS, INSTALL, RUN OR USE THE SOFTWARE. THIS EULA CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY AND EXCLUSIVE REMEDIES. THE PROVISIONS BELOW FORM THE ESSENTIAL BASIS OF OUR AGREEMENT.

IMPORTANT- READ CAREFULLY: This End-User License Agreement (EULA) is a legal agreement between you (either an individual or single entity) and 3-D Inspection Systems Inc., (“3D Inspection Systems” for the 3D SOFTWARE that accompanies this EULA). The 3D SOFTWARE includes computer software, associated media and printed materials, “online” or electronic documentation or connected services and is licensed as a single integrated product. By installing, copying or otherwise using the 3D SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, 3D Inspection Systems is unwilling to license the 3D SOFTWARE to you. In such event, you may not use or copy the 3D SOFTWARE, and you should (1) promptly return the entire package to 3D Inspection Systems for a refund, or (2) if you received this software via download from an internet web site, then you must delete all of the downloaded files and you may obtain a refund in accordance with the refund policy of such internet web site.

 

1. GRANT OF LICENSE: 3D Inspection Systems grants to Customer a nonexclusive right to use the executable version (not source code) of the 3D SOFTWARE for Customer’s internal business purposes, in accordance with the user guides and other documentation provided (collectively, “Documentation”). 3D Inspection System reserves any rights not expressly granted in this Agreement, including all title and interest to the 3D SOFTWARE and all related intellectual property and proprietary rights.
2. Evaluation or Trial License. If software was indicated as distributed for your personal evaluation or trial purposes (including Live Trial or Paid Trial periods), the duration of the evaluation or trial license begins upon downloading and ends for whatever period as agreed by 3D Inspection Systems in writing. Evaluation or Trial (including Live Trial or during a limited paid trial period) licenses are provided on an AS-IS basis without warranty. Evaluation or Trial licenses may be terminated for convenience by either party at any time and are not transferrable.
3. Purchased License. If software was purchased or during and after completion of a purchase payment plan (including a Lease to own, payment plan, or other similar purchase over time), 3D Inspection Systems grants the initial registered user a limited nonexclusive license to:

Install and use one copy of the enclosed 3D SOFTWARE on a single Computer (DEDICATED COMPUTER) as a service provider in a commercial business (“BUSINESS USER”). The software is licensed per SINGLE BUSINESS ADDRESS (“ADDRESS”).

Install and use one copy of the enclosed 3D SOFTWARE on a second computer (BACKUP OR PERMANENTLY NETWORKED COMPUTER) under the same ownership ADDRESS as the DEDICATED COMPUTER, provided the computer designated as the DEDICATED COMPUTER is initially used for entering all Office Management job data or both computers are permanently networked to store all job and data information in common.

You may only download and install the 3D SOFTWARE on the allowed number of computers per ADDRESS. If you install the 3D SOFTWARE on a computer located at a different ADDRESS, including any “branch office”, you must purchase a completely separate licensed copy of 3D Inspection System software for use at that address separately.  However, private and business users or sub-contractors that operate at different business addresses MAY download and install ONLY the related companion Mobile app on one or more compatible devices. You may allow a sub-contractor to install the companion Mobile app on his device(s), but a sub-contractor may not install or use a PC with the main 3D SOFTWARE on any computer physically located and/or used at a different ADDRESS.

You must use one master computer database for entry of all jobs into Office Management.  If you wish to maintain a separate jobs database on another computer, or use a copy for independent usage by an employee or sub-contractor, you must purchase a completely separate licensed or branch license copy of 3D Inspection System software for that purpose.

For the purposes of this section, “use” means loading the 3D SOFTWARE into RAM, as well as the installation on a hard disk or other storage device (other than a network server). You may access the 3D SOFTWARE from a hard disk, over a network, or any other method you choose, so long as you otherwise comply with this agreement. If you wish to use the 3D SOFTWARE for more than two computers or for additional users under your ownership, contact 3D Inspection Systems for ADDITIONAL SUPPLEMENTAL NETWORK LICENSES OR BRANCH LICENSES. Additional licensing is considered integrally bundled under the ownership of the initial main registered user license. Further, for any seat license to maintain a software subscription, all additional licensing (Supplemental or Branch) must also maintain a subscription, otherwise arrangements may be made with 3D Inspection Systems to permanently forfeit unneeded additional licensing to re-negotiate subscription pricing at current rates for remaining licensing.

Prior to activating any additional licenses, you agree to supply the name and email address of the additional user(s) for support and activation purposes.

You agree not to provide your main activation password to another party for use with the software. 3D Inspection Systems can supply an alternate activation ID for use by additional users. You agree to contact 3D Inspection Systems immediately should there be a breach of your main password or should a user of an additional license no longer have an employment relationship with you.

b1. Supplemental Licensing. If you have acquired the 3D SOFTWARE in a License Pack or add-on Supplemental licensing (also known as Supplemental Network License), each license in the License Pack is provided as a single instance license for the same business user or entity address. You may install instances of the 3D SOFTWARE up to the amount authorized on the License Pack that is included with your product or on the product invoice on the allowed number of seat licenses at the registration address.  Any installation of additional License Pack on any portable computer or one not permanently located at the main registration address must be activated with special control licensing as determined by 3D Inspection Systems.

b2. Branch Licensing. If you have acquired the 3D SOFTWARE in a License Pack with one or more add-on Branch Licenses, each Branch License copy may be assigned for use by another user in your employ, who may install or use the software on a single main computer, and optionally on one additional computer for backup purposes, at an address location different from the main registered user business address (for instance for use at a home office or branch office). Any installation of additional Branch licensing must be activated with special control licensing as determined by 3D Inspection Systems.  Prior to activating any additional licenses, you agree to supply the name and email address of the additional user(s) for support and activation purposes. Branch licensing is considered integrally bundled under the ownership of the initial main registered user license and may not be separated to other ownership, however the main registered user may choose to reassign a Branch license to a different user in their employ by notifying 3D Inspection Systems and following the procedure as outlined by 3D Inspection Systems

1.2 Remote Access. You may use remote access technologies to access and use your licensed copy of the 3D SOFTWARE remotely from another device, as long as the 3D SOFTWARE installed on the host computer is not used by another user simultaneously. As an exception, you may allow others to access the software simultaneously only to provide you with technical support. These remote desktop rights do not permit you to use the 3D SOFTWARE on both the device hosting the remote desktop session and the access device at the same time.

1.3 License Rights for Multi-User Scenarios. Multiple users may use the 3D SOFTWARE installed on an allowed computer, provided each computer is not used concurrently or simultaneously by different users on the same computer, in accordance with the following conditions:

1. Computer. In this agreement, “computer” means a hardware system (whether physical or virtual) with a storage device capable of running the software. A hardware partition or blade is considered to be a computer.
2. Multiple or pooled connections. You may not use hardware or software to multiplex or pool connections, or otherwise allow multiple users or multiple computers or devices to access or use the software indirectly through the licensed computer.
3. Use in a virtualized environment. If you use virtualization software to create one or more virtual computers on a single computer hardware system, each virtual computer, and the physical computer, is considered a separate computer for purposes of this agreement. This license allows you to install only one license instance of the software for use on one computer, whether that computer is physical or virtual. If you want to use the software on more than one computer, you must obtain separate copies of the software and a separate license for each copy. Additionally support may be limited for virtualized environments.

1.4 Term Use or Lease Software. If you licensed the 3D SOFTWARE on a temporary term or lease basis, your rights to use the software are limited to the lease period. You may have the option to extend your lease or convert to a perpetual license. If you extend your lease, you may continue using the software until the end of your extended lease period. See any accompanying materials for lease details. After the expiration of your lease, most features of the software will stop running.

1.5 Internal Software Transfer. You may transfer your copy of the 3D SOFTWARE to a different computer. After the transfer, you must completely remove the 3D SOFTWARE and all its related components from the former computer. In some instances, you may be required to contact customer service and allow access to your computer to remove a license instance for its transfer to a new computer, or to allow 3D Inspection Systems to certify that you have uninstalled the software from the prior computer.

You agree to notify 3D Inspection Systems of any changes to your contact information or the address where the software is installed.

1.6 Internet-based Services and Apps. Access to various cloud-based or internet services may be included, available, or provided with your 3D SOFTWARE. Examples include Cloud3D Services and mobile apps. Availability of these and similar services may change over time, or may be dependent on using a current version of the 3D SOFTWARE or maintaining a subscription plan, which is your sole responsibility should you choose to use such services and apps. By using or receiving such services you agree to be bound by the current Terms and Conditions for these services as posted on the 3D Inspection System website. From time to time We may, in our sole discretion, update or modify the Terms and Conditions and by continuing to use or receive the Services after the effective date of any revisions to the terms or any Additional Policies, you agree to be bound by the revised terms or any revised Additional Policies. It is your responsibility to check the 3D Inspection System website regularly for any applicable changes. When using Internet-based services or features, you may not use those features in any way that could interfere with anyone else’s use of them, or to try to gain access to any service, data, account or network, in an unauthorized manner.

1.7 Third-party Services and Apps. Access to or integration with various services or apps owned by third parties (“Third Party Software”) may be available for use with or from inside your 3D SOFTWARE solely as a convenience which You access at your own risk. Your use of such Third Party Software is subject to the terms and conditions of this Agreement and the applicable Third Party Software licenses. 3-D INSPECTION SYSTEMS, INC. IS NOT RESPONSIBLE FOR THE UNAVAILABILTY, ACCURACY, OR RELIABILITY OF ANY INFORMATION, DATA, OR CONTENT FROM SUCH THIRD PARTY SOFTWARE OR SERVICES. 3D SOFTWARE is not responsible for any disclosure, modification, or deletion of such data resulting from such access by any Third Party Software or its provider. Any acquisition by You of a Third Party Software or service and any exchange of data thereby is solely between You and such Third Party.  Use of integrations with Third Party Software may require purchase or subscriptions for services with both 3D SOFTWARE and the Third Party Software.

We will not be liable for any loss, damage, cost or expense, whatsoever, suffered or incurred by any Person in connection with use of Third Party Software. Except as expressly agreed otherwise, third parties do not warrant the Third Party Software integration, do not assume any liability with respect to its use, and do not undertake to furnish any support or information relating thereto. 3D SOFTWARE neither warrants nor supports the Third Party Software whether or not they are designated by us as operable with the 3D SOFTWARE. Further, 3D SOFTWARE cannot guarantee the continued availability of and may cease to offer any integration with Third Party Software without entitling you to any refund, credit, or other compensation, if for example (without limit) the provider of a Third Party Software ceases to make the Third Party Software available for interoperation with the corresponding features in a manner deemed acceptable to us at our sole discretion. We may offer third-party names and information as an informational service only; it is not an endorsement or recommendation, implied or otherwise, of any listed company or software. Any Third Party Software listed and any cloud provider or code used by Third Party Software is independent from 3D SOFTWARE and is not under the control of 3D SOFTWARE. 3D SOFTWARE accepts no responsibility for and disclaims any liability from the actions of the listed companies or reliance on any information from or about such companies or services. You should make your own independent evaluation before conducting business with any such company and relying on any such information. We encourage you to read the privacy policies and terms of use of any Third Party Software.

 

2. OTHER SOFTWARE RIGHTS: You have a limited non-exclusive, royalty-free right to reproduce and distribute computer files created by you as original works in the Custom Form Studio (CFS) portion of the 3D SOFTWARE, provided the file extension is .3DF or .CFS or .SET or .CFG.

 

3. COPYRIGHT & PROPRIETARY PROTECTION: All title and copyrights in and to the 3D SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music and text incorporated into the 3D SOFTWARE), any accompanying printed materials, and any copies of the 3D SOFTWARE, are owned by 3D Inspection Systems Inc., and are protected by United States copyright laws and international treaty provisions. You must treat the 3D SOFTWARE like any other copyrighted material. This license and your right to use the 3D SOFTWARE terminate automatically if you violate any part of this agreement. In the event of termination, you must immediately destroy all copies of the 3D SOFTWARE or return it to 3D Inspection Systems. You may not copy any written materials accompanying the 3D SOFTWARE.

 

4. OTHER LIMITATIONS & RESTRICTIONS: You may not sublicense, rent or lease any portion of the 3D SOFTWARE, but you may transfer the 3D SOFTWARE (including all component parts, media and printed materials, any upgrades, this EULA, and, if applicable, all other software products provided together with the 3D SOFTWARE) on a permanent basis provided you are the original purchaser and retain no copies and the recipient agrees to the terms of this EULA and you have completed the appropriate transfer of license paperwork and process supplied by 3D Inspection Systems. If the 3D SOFTWARE was upgraded or is a newer version of the originally purchased software, any transfer forfeits use of all prior versions of the 3D SOFTWARE by any party, and only the newest or upgraded version of the software may be used by the transferee. You may not reverse-engineer, disassemble, de-compile, create derivative works, separate components, or make any attempt to discover the source code of the 3D SOFTWARE. You may not modify, translate or merge the 3D SOFTWARE with another program, except for your personal use on a single computer. Any modifications or updates to the 3D SOFTWARE are subject to this agreement. Upon upgrading the 3D SOFTWARE, the old copy must be deleted from the computer according to the process directed by 3D Inspection Systems and the original program or any installer must be physically destroyed.

 

4.2 License Auditing. Should you exceed any of your license limits, you agree to pay the then-applicable list price for the excess licensing usage as well as the related support and maintenance or subscription fees. Payment shall be made within thirty (30) days of invoice, unless otherwise agreed in writing by an authorized officer of 3D SOFTWARE.

You agree to allow 3D to audit the software installation and setup by remote connection, documentation, or in person upon our request.  Non-compliance with auditing efforts may result in termination of license to use or receive support.

 

5. Payments. All license grants by 3D Inspection Systems, and duties of 3D SOFTWARE, are subject to timely payment by You, including for any subscription or usage overages or purchase of any needed licensing for excess usage. You are responsible for any and all federal, state, dominion, provincial or local sales, use, personal, excise, or other taxes, fees or duties arising from or related to this Agreement (other than taxes based on 3D Inspection Systems’ net income).

3D Inspection Systems reserves the right to suspend Your access to all or parts of the Licensed Software while any payment is past due, or to deny support thereof. All orders are non-cancellable and payments by You are non-refundable unless expressly stated in this Agreement or in the order form or officially published policies.

 

6. Force Majeure. Neither party shall be held responsible for any delay or failure in performance of its obligations hereunder to the extent such delay or failure is caused by fire, flood, hurricane, strike, civil, governmental or military authority, acts of God, acts of terrorism, acts of war, or other similar causes beyond its reasonable control and without the fault or negligence of the delayed or non-performing party or its agents.

 

7. LIMITED WARRANTY: 3-D Inspection Systems Inc., warrants the media on which the 3D SOFTWARE is distributed to be free from defects in materials and workmanship and that the 3D SOFTWARE will perform substantially in accordance with the Documentation for a period of 90 days from your receipt of the 3D SOFTWARE. Any written or oral information or advice given by 3D Inspection Systems, its dealers, distributors, agents, employees or other end-users will in no way increase the scope of this warranty.

FOR AUSTRALIA ONLY: References to “Limited Warranty” are references to the warranty provided by the manufacturer or installer. This warranty is given in addition to other rights and remedies you may have under law, including your rights and remedies in accordance with the statutory guarantees under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The term “major failure” is defined in the Australian Consumer Law and includes, but is not limited to, where the goods are substantially unfit for purpose and cannot easily and within a reasonable time be remedied to make them fit for such a purpose, or where the goods depart in one or more significant respects, if they were supplied by description – from that description. We warrant that the media on which the 3D SOFTWARE is furnished will be free of defects in materials and workmanship under normal use for a period of thirty (30) days from the date you purchased the 3D SOFTWARE. The software when properly installed and under normal use will substantially conform to the features and functionality as set forth in the documentation accompanying the 3D SOFTWARE , however, the software may contain normal bugs and errors. Bug fixes and Updates may be provided from time to time. Any replacement software will be warranted for the original warranty period covered by this Section.

EXCLUSIONS (AUSTRALIA ONLY): The warranty provided under this section does not cover defects or problems that arise due to you causing the software to become of unacceptable quality, such as failure to take reasonable care or damage caused by abnormal use. Further, you assume all responsibilities for choosing, installing, and using the software. Except as set out above, to the maximum extent permitted by applicable law, 3D Inspection Systems disclaims all other warranties, either express or implied, including but not limited to non-infringement with respect to the software and accompanying documentation. If you alter the software in any way without being authorized by 3D Inspection Systems, we will not remedy defects caused by such alteration and you are liable for any damage incurred by 3D Inspection Systems due to your unauthorized alteration. If you install pre-release version products marked as such, you do so at your own risk.

PRE-COMMERCIAL RELEASE OR BETA SOFTWARE. If the 3D SOFTWARE You have received with this EULA is a pre-commercial release or a beta or test drive version or live trial, then You understand the Software (i) is the Confidential Information of 3D Inspection Systems, its licensors and suppliers, and (ii) does not represent a final product of 3D Inspection System. The Software may contain bugs, errors and other problems that could cause computer system failures and data loss. THEREFORE, ALL PRE-RELEASE OR BETA SOFTWARE IS PROVIDED ON AN “AS-IS” BASIS AND 3D Inspection Systems DISCLAIMS ANY AND ALL WARRANTIES OR LIABILITY TO YOU OF ANY KIND.

 

8. CUSTOMER REMEDIES: If the 3D SOFTWARE fails to comply with the warranty set forth above, 3D Inspection Systems entire liability and your exclusive remedy shall be replacement or repair of the 3D SOFTWARE, provided the defective 3D SOFTWARE is returned to 3D Inspection Systems along with a copy of your purchase receipt. If 3D Inspection Systems is unable to make the 3D SOFTWARE conform to the above warranty, 3D Inspection Systems will, at its option, refund all or a fair portion of the price you paid 3D Inspection Systems for this 3D SOFTWARE. This limited warranty is void if failure of the 3D SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement 3D SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days- whichever is longer. These remedies are not available outside the United States of America.

 

9. NO OTHER WARRANTIES: 3D INSPECTION SYSTEMS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE 3D SOFTWARE AND THE DOCUMENTATION. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE TO STATE.

 

10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES: In no event shall 3D Inspection Systems, its Suppliers or Distributors be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, or other pecuniary loss) arising out of the use of or inability to use the 3D SOFTWARE, even if 3D Inspection Systems has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. IN NO EVENT WILL 3D INSPECTION SYSTEMS TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

11. EXPORT CONTROL: The 3D SOFTWARE may be subject to the regulations of the Office of Export Administration of the U.S. Department of Commerce and the Software Product may not be shipped, relocated or exported to any location, except in compliance with such regulations.

 

12. GOVERNING LAW: This EULA shall be governed by the laws of the State of Florida, without regard to the laws of conflict and you agree to the jurisdiction of any court situated in Florida.

If and to the extent any provision of this EULA is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable but only to the extent of its illegality, invalidity, or unenforceability and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. No term or provision in this EULA will be considered waived, and no breach excused, unless such waiver is in writing signed on behalf of the party against whom the waiver is asserted. No waiver (whether express or implied) will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach. No modifications or amendments to this EULA will be binding upon 3D Inspection Systems unless made in writing and duly executed by You and an authorized representative of 3D Inspection Systems.

 

13. U.S. GOVERNMENT RESTRICTED RIGHTS: The 3D SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.22.7-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227.19, and clause 18-52.227-86(d) of the NASA Supplement to the FAR, as applicable. The contractor/manufacturer is 3D Inspection Systems, Inc., 413 NE Van Loon Lane, Suite 126, Cape Coral, Florida 33909, USA.

 

14. PRODUCT SUPPORT: 3D Inspection Systems product support is available to you from 3D Inspection Systems, via our website at www.3dinspection.com

 

15. UPDATES AND UPGRADES: 3D Inspection Systems periodically releases updated versions of the 3D SOFTWARE at additional cost. Contact 3D Inspection Systems for details. If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis for all license instances you have purchased. You agree by your installation and use of such copy of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software or transfer it to another person or entity unless such transfer is pursuant to Section 4.

Some Software versions may not be compatible with various computer operating systems and 3D Inspection Systems may not release Updates. The Software may not be compatible with computer operating systems that you may purchase now or in the future.

Some Updates may be provided in a way that they may be automatically downloaded and installed on your licensed computer, while other Upgrades may require a full installer to be downloaded separately and used. It is your responsibility to retain and safeguard a copy of the newest full installer for your software, in the event that it is ever needed for reinstallation.

 

16. INCLUSION OF MATERIALS OR LINKS TO THIRD PARTY SITES. 3D Inspection Systems is not responsible for the contents of any third-party materials, sites, or services that may be included or packaged with the Software, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. 3D Inspection Systems may provide these items to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by 3D Inspection Systems of the third-party site or service. By accepting this EULA, you are also accepting and agree to abide by any additional terms and conditions, if any, set forth by the third-party products.

 

17. INFORMATION ABOUT PRODUCT ACTIVATION: Each license instance of 3D SOFTWARE must be activated. Activation associates the use of the software with a specific computer or device. During activation, the software will automatically contact a server used by 3D Inspection System to associate the license instance with the licensed computer. This process is called “activation.” Because activation is meant to identify unauthorized changes to the licensing or activation functions of the software, and to otherwise prevent unlicensed use of the software, if you have not activated during the time permitted, most features of the software will stop running. Activation may become unavailable for products deemed obsolete in the future.
18. Does the software collect my personal information? If you connect your computer to the Internet, some features of the software may connect to 3D Inspection Systems service provider computer systems to send or receive information. During activation, the software will send information about the software and your computer to the receiving servers. This information may include the version, license type, language, your activation ID and password, and the Internet protocol address of the computer, and information derived from the hardware configuration of the computer. If the licensed computer is connected to the Internet, the software will automatically connect to 3D Inspection Systems for activation. If you need assistance with activation, please contact 3D Inspection Systems by telephone.
19. During activation, for your personal security you must use a unique password that is not used for any other important sites or accounts. Please safely record and store your Activation ID (user name or email) and Password. You must keep your Password confidential, as you are responsible for any activations that occur using your Activation ID and the Password you choose. You agree not to share your activation password with any third-party. For other services (such as Cloud3D Services or others) used by other inspectors or employees, you may be able to use your master ID and password to set up separate logins for their usage of these services which cannot be used for activation. You must also contact 3D Inspection Systems to arrange for additional copies to use separate activation passwords when used by different users.
20. Re-activation. Some changes to your computer components or the software may require re-activation of the software. 3D Inspection Systems is not responsible if a system change prevents or blocks a future activation.

 

18. Resellers. If the 3D SOFTWARE is acquired through a Reseller, You agree that (i) this Agreement constitutes the entire agreement between you and 3D Inspection Systems regarding the 3D SOFTWARE (and that the terms and conditions of any purchase order or other agreement between You and the Reseller and not binding on 3D Inspection Systems); and (ii) the Reseller is not 3D Inspection System’s agent and is not authorized to alter, amend or modify the terms of this Agreement. 3D Inspection Systems makes no representation of warranty with regard to any services provided by any Reseller.