Products – FARO 3D App Center

DrawToAutoCAD - Licence Contract

This is a licence contract, not a bill of sale between you (short ‘licensee’) and FARO Tec (short ‘licenser’). By downloading and installing DrawToAutoCAD you agree to the terms of this contract. The rights for using, transferring and duplicating are limited by this contract.

1 Subject of the Contract

Subject of the contract is the handing out of the program package DrawToAutoCAD. DrawToAutoCAD is given to the licensee in the form of an object program. There is no right for obtaining the source code. The program package also includes the manual, a software copy protection or a software based copy protection and if delivered data storage devices.

The parties to the contract start out from the ability to protect the program according to copyright. The licenser or a third party have a copyright for the delivered subject. As far as a third party has any copyrights the licenser owns the corresponding user rights.

2 Extent of Use

For the duration of the contract the licensee is granted the simple not exclusive and personal right (licence) to use the computer programs stored on the data storage devices according to the regulations stated below.

A licence of the software may not be used by the licensee on more than one single computer at any time.

The licensee is entitled to make a back-up copy of the program. The program package and the firm names, trademarks and copyright remarks contained in it may not be altered or processed in any way. The licensee is not entitled to copy or in any way duplicate the software as well as the written material completely or partly in its original or in altered form or in a form merged with or included in other software.

The licensee is obliged not to disassemble the program or parts of it or to have it disassembled. In case the licensee needs information for creating the interoperability this information will be provided by the licenser. It is also not allowed to translate or alter the written material or to create works derived from the written material.

The licensee is not entitled to remove the software copy protection connected to the software program or to by-pass it in any way.

The licensee has to make sure that programs, documentations and duplicated items are not accessible to third parties without previous consent of the licenser. The licensee is especially not entitled to transfer, rent or lend the software to a third party without an explicit consent of the licenser. In principle a transfer is only possible if the third party agrees to the conditions of the contract. These conditions have to be pointed out explicitly to the third party. With a licensed transfer all user rights of the transferring party are void.

A further use is not allowed.

3 Guarantee

The creation of the software is carried out with carefulness in compliance with established programming rules. According to the development of the technology errors in the creation of the software cannot be excluded completely.

The licenser is not liable for errors and does not guarantee the specific usefulness of the software for the requirements of the licensee. The licensee is responsible for the correct choice and the consequences from the use of the software as well as for the desired and obtained results from the use of this software. There is no right for guarantee claims, as far as they are legally permitted.

The licenser is especially not liable for indirect damages or resultant damages caused by errors or faults of the licensed software. The limitation of liability is void for intention, gross negligence and guaranteed characteristics.

4 Loss of the Dongle

FARO products may be protected by a dongle (software copy protection). The dongle contains the complete license information. Your license is therefore intrinsically tied to the dongle. In case of loss or damage of the dongle the licensee is bound to promptly notify the FARO Technologies Inc (licensor) of the loss of the dongle. The dongle (license) will not be replaced by the FARO.

5 Duration of Contract

The contract runs for an indefinite time. The licensee’s right to use the software runs out automatically without termination if the licensee violates a condition of this contract. If the user right is terminated due to a violation of the contract the licensee is obliged to destroy all parts of the program package transferred with the licence as well as all software copies including probably altered copies.

6 Final Regulations

In case that one or more than one regulation of this contract are or will become inoperative or the contract should contain loopholes the legal validity of the other regulations is not affected by this. Instead of the inoperative regulation an operative one, that is economically as close as possible to the desire of both parties, is seen as agreed on.

Each alteration of this contract must be drawn up in writing. There are no supplementary agreements to this contract.

Valid is the law of the Federal Republic of Germany. Sole court of jurisdiction for all lawsuits resulting from this contract is Dresden.

Supplementary Regulations for the Use with AutoCAD LT

DrawToAutoCAD uses LTX under license from ManuSoft (http://www.manusoft.com) for the required software support in order to load and carry out DrawToAutoCAD within AutoCAD LT®. Herewith you obtain the license to use the software LTX as a part of DrawToAutoCAD for an indefinite time. This license is exclusively valid for the use of LTX within the framework for which DrawToAutoCAD was developed, planned and licensed. Each and every other use of the LTX-files is strictly forbidden and any violation of these license regulations will be legally prosecuted in full scale. Neither ManuSoft nor a probable heir or legal successor implicitly or explicitly guarantees the usability or faultlessness of LTX for the end-user or a third party. ManuSoft is not resuming liability for direct, indirect, special, accidental or resultant damages in any connection with LTX.

Compatibility and System Requirements

For SCENE 5.2 to 5.4
For SCENE 5.5
For SCENE 6.0 to 2020
Hardware requirements: identical with SCENE requirements
AutoCAD 2010 and above (includes vertical products like Archtiecture, Civil 3D, Plant 3D etc.)
Licensed version of PointCloud, FARO Cloud or PointSense 8.0.4.12 and above OR licensed version of VirtuSurv 15.0 and above..

For legacy support (versions of PointCloud or FARO Cloud prior to 8.0.4.12) please contact support@faroeurope.com

System Requirements

The minimum system requirements to use FARO Zone 3D are listed, below. Choosing a computer with specifications that are higher than the minimum requirement will result in better performance.

Microsoft^® Windows^® 7, 8 or 10
Central Processor equivalent to an Intel i5, or better. For point cloud use, an i7 is strongly recommended.
8 GB of RAM, or higher
12 GB of free hard drive space
Any Windows compatible mouse with a scroll wheel
A DirectX 11 compatible graphics card, such as an Nvidia^® Quadro 2000, GeForce 400+, Radeon HD4000+, or better is recommended
Recommended Accessory: 3D Mouse

VR Minimum Requirements

Microsoft^® Windows^® 7, 8 or 10
Central Processor equivalent to an Intel i7, or better
16 GB of RAM, or higher
12 GB of free hard drive space
Any Windows compatible mouse with a scroll wheel
A high-performance, DirectX 11 compatible graphics card, such as a GeForce GTX 1060, or better is recommended
Oculus Rift, Oculus S or VIVE VR Goggles
Three 3.0 USB ports
Recommended Accessory: 3D Mouse

Recommended

Processor: Quad-core X64, Intel Core i7/Xeon, 8 physical cores
Graphics Card: Dedicated graphics card, OpenGL 4.1 or higher, at least 4 GB Memory; For Stereo Rendering: NVIDIA Quadro; For VR Rendering: NVIDIA 1080GTX or similar, SteamVR must be installed, Supported VR Headsets: Windows Mixed Reality, Oculus Rift with Touch Controllers, HTC Vive
Main Memory:64 GB RAM
Hard Disk Drive: 512 GB Solid State Drive + Regular HDD
Operating System: 64-bit Windows™ 7 SP1 or higher
Screen resolution: 1920×1080
Accessories: Mouse with 2 buttons and a scroll wheel, Internet connection for licensing SCENE

Compatibility and System Requirements

SCENE 7.1 or higher needs to be installed.

System requirements are identical with SCENE 7.1

Does not support SCENE 5.1 or lower

Compatibility and System Requirements

for SCENE 5.2 to 5.4
for SCENE 5.5
for SCENE 6.0 to 7.0
for SCENE 7.1 and above

Hardware requirements: identical with SCENE requirements
BricsCAD v13 32bit, v14 32bit/64bit and above
Licensed version of VirtuSurv 15.0 and above

System Requirements:

Requirements if ONLY viewing FARO Zone 2D diagrams:

Microsoft Windows 7, 8, or 10
Central processor equivalent to an Intel i5, or better
4 GB of RAM, or higher
8 GB of free hard drive space
Minimum screen resolution of 1024 x 768 pixels
A DirectX 11 compatible graphics card, such as an Nvidia® Quadro 2000, GeForce 400+, Radeon HD4000+, or better is recommended
Any Windows compatible mouse with a scroll wheel

Requirements to view FARO Zone 3D diagrams, analysis, and point clouds:

Microsoft Windows 7, 8, or 10
Central processor equivalent to an Intel i7, or better
8 GB of RAM, or higher
12 GB of free hard drive space
Minimum screen resolution of 1024 x 768 pixels
A DirectX 11 compatible graphics card, such as an Nvidia® Quadro 2000, GeForce 400+, Radeon HD4000+, or better is recommended
Any Windows compatible mouse with a scroll wheel

Additional requirements to view FARO Zone 3D files in VR:

16GB RAM+
Graphics card equivalent to GeForce GTX 1060 or better
Oculus or VIVE VR googles
3 available USB 3.0 Ports
HDMI 1.3 Video output

Compatibility and System Requirements

SCENE 7 and above
SCENE 7 LT and above

Identical with SCENE
Network card for licensing
SCENE must be run as administrator to install the plug-in
SCENE must be run as administrator to install any license

Software License Agreement

This Software License Agreement is part of the operating manual for the product and software system which you have purchased from FARO TECHNOLOGIES INC. (collecti vely, the “Licenser”). By your use of the software you are agreeing to the terms and conditions of this Software License Agreement. Throughout this Software License Agreement, the term “Licensee” means the owner of the System.

I. The Licensor hereby grant s the Licensee the non – exclusive right to use the computer software described in this Operating Manua l (the “Software”). The License e shall have no right to sell, assign, sub – license, rent or lease the Software to any third party without the Licenser’s pr ior written consent.

II. The Licenser further grants the Licensee the right to make a backup copy of the Software media. The Licensee agrees that it will not decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Software except as permitted by this Agreement. The Licensee further agrees not to copy any written materials accompanying the Software.

III. The Licensee is licensed to use the Software only in the manner described in the Operating Manual. Use of the Software in a manner other than that described in the Operating Manual or use of the Software in conjunction with any non – Licenser product which decompiles or recompiles the Software or in any other way modifies the structure, sequence or function of the Software code, is not an authorized use, and further, such use voids the Licenser’s set forth below.

IV. The only warranty with respect to the Software and the accompanying written materials is the warranty, if any, set forth in the Quotation/Purchase Order and Warranty Append ix B pursuant to which the Software was purchased from the Licenser.

V. THIS WARRANTY IS IN LIEU OF OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RES PECT TO THE SOFTWARE AND WRITTEN MATERIALS. IN NO EVENT WILL THE LICENSER BE LIABLE FOR DAMAGES, INCLUDING ANY LOST PROFITS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, NOTWITHSTANDING THAT THE LICE NSER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THE LICENSER WILL NOT BE LIABLE FOR ANY SUCH CLAIM BY ANY OTHER PARTY.

VI. In the event of any breach by the Licensee of this Agreement, the license granted hereby shall immediately terminate and t he Licensee shall return the Software media and all written materials, together with any copy of such media or materials, and the Licensee shall keep no copies of such items.

VII. The interpretation of this Agreement shall be governed by the following prov isions:

a. This Agreement shall be construed pursuant to and governed by the substantive laws of the State of Florida (and any provision of Florida law shall not apply if the law of a state or jurisdiction other than Florida would otherwise apply).

b. If a ny provision of this Agreement is determined by a court of competent jurisdiction to be void and non – enforceable, such determination shall not affect any other provision of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect. If any provision or term of this Agreement is susceptible to two or more constructions or interpretations, one or more of which would render the provision or term void or non – enforceable, the parties agree that a construction or interpre tation which renders the term of provision valid shall be favored.

c. This Agreement constitutes the entire Agreement, and supersedes all prior agreements and understandings, oral and written, among the parties to this Agreement with respect to the subject matter hereof.

VIII. If a party engages the services of an attorney or any other third party or in any way initiates legal action to enforce its rights under this Agreement, the prevailing party shall be entitled to recover all reasonable costs and expens es (including reasonable attorney’s fees before trial and in appellate proceedings)

System Requirements

If you want to view your own FARO SCENE projects with FARO VR PointCloud 1.0 or generate individual VR Viewer versions, please consider using FARO VR Generator which will be available soon.

Please also consider the hardware requirements of Oculus Rift for optimal performance: NVIDIA GTX 970 / AMD 290 equivalent or greater, Intel i5-4590 equivalent or greater, 8GB+ RAM, Compatible HDMI 1.3 video output, 2x USB 3.0 ports, Windows 7 SP1 or newer

Test your PC for compatibility with https://ocul.us/compat-tool

Compatibility and System Requirements

Requires SCENE 5.2 or SCENE LT 5.2 and above.

System requirements are identical with SCENE 5.2.

Software License Agreement

ATS Workspace Cleaner 1.2.1
Copyright (c) 2015 ATS AB

*** END USER LICENSE AGREEMENT ***

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

1. LICENSE

By receiving, opening the file package, and/or using ATS Workspace Cleaner (“Software”) containing this software, you agree that this End User User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by ATS AB your use of ATS Workspace Cleaner indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, ATS AB grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use ATS Workspace Cleaner in accordance with this Agreement and any other written agreement with ATS AB. ATS AB does not transfer the title of ATS Workspace Cleaner to you; the license granted to you is not a sale. This agreement is a binding legal agreement between ATS AB and the purchasers or users of ATS Workspace Cleaner.

If you do not agree to be bound by this agreement, remove ATS Workspace Cleaner from your computer now and, if applicable, promptly return to ATS AB by mail any copies of ATS Workspace Cleaner and related documentation and packaging in your possession.

2. DISTRIBUTION

ATS Workspace Cleaner and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of ATS Workspace Cleaner contact ATS AB.

3. USER AGREEMENT

3.1 Use

Your license to use ATS Workspace Cleaner is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of ATS Workspace Cleaner.

3.2 Use Restrictions

You shall use ATS Workspace Cleaner in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of ATS Workspace Cleaner together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

Each licensed copy of ATS Workspace Cleaner may be used on one single computer location by one user. Use of ATS Workspace Cleaner means that you have loaded, installed, or run ATS Workspace Cleaner on a computer or similar device. If you install ATS Workspace Cleaner onto a multi-user platform, server or network, each and every individual user of ATS Workspace Cleaner must be licensed separately.

You may make one copy of ATS Workspace Cleaner for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of ATS Workspace Cleaner . The assignment, sublicense, networking, sale, or distribution of copies of ATS Workspace Cleaner are strictly forbidden without the prior written consent of ATS AB. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of ATS Workspace Cleaner. If any person other than yourself uses ATS Workspace Cleaner registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!

3.3 Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile ATS Workspace Cleaner. Nor can you create any derivative works or other works that are based upon or derived from ATS Workspace Cleaner in whole or in part.

ATS AB’s name, logo and graphics file that represents ATS Workspace Cleaner shall not be used in any way to promote products developed with ATS Workspace Cleaner. ATS AB retains sole and exclusive ownership of all right, title and interest in and to ATS Workspace Cleaner and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of ATS Workspace Cleaner, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for ATS AB.

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend ATS AB, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of ATS AB’s Software.

In no event (including, without limitation, in the event of negligence) will ATS AB, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, ATS Workspace Cleaner or the use or inability to use ATS Workspace Cleaner or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

ATS AB’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by ATS AB ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to ATS AB.

3.5 Warranties

Except as expressly stated in writing, ATS AB makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

This Agreement shall be governed by the law of the country applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Sweden therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of ATS Workspace Cleaner and destroy all copies of ATS Workspace Cleaner supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY ATS Workspace Cleaner AS WELL.

5. CONSENT OF USE OF DATA

You agree that ATS AB may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to ATS Workspace Cleaner. ATS AB may also use this information to provide notices to you which may be of use or interest to you.

System Requirements

Requires SCENE 5.2 or SCENE LT 5.2 and above.

Memory required: 4 GB free (shared with SCENE)
Processor required: Same as SCENE
Hard drive required: 2 GB for cache files (for large exports)
Memory optimal: 8 GB free or more (for large exports)
Processor optimal: up to 8 cores can be used by ATS Uniform Filter

Software License Agreement

ATS Uniform Filter 2.0
Copyright (c) 2015 ATS AB

*** END USER LICENSE AGREEMENT ***

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

1. LICENSE

By receiving, opening the file package, and/or using ATS Uniform Filter (“Software”) containing this software, you agree that this End User User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by ATS AB your use of ATS Uniform Filter indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, ATS AB grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use ATS Uniform Filter in accordance with this Agreement and any other written agreement with ATS AB. ATS AB does not transfer the title of ATS Uniform Filter to you; the license granted to you is not a sale. This agreement is a binding legal agreement between ATS AB and the purchasers or users of ATS Uniform Filter.

If you do not agree to be bound by this agreement, remove ATS Uniform Filter from your computer now and, if applicable, promptly return to ATS AB by mail any copies of ATS Uniform Filter and related documentation and packaging in your possession.

2. DISTRIBUTION

ATS Uniform Filter and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of ATS Uniform Filter contact ATS AB.

3. USER AGREEMENT

3.1 Use

Your license to use ATS Uniform Filter is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of ATS Uniform Filter.

3.2 Use Restrictions

You shall use ATS Uniform Filter in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of ATS Uniform Filter together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

Each licensed copy of ATS Uniform Filter may be used on one single computer location by one user. Use of ATS Uniform Filter means that you have loaded, installed, or run ATS Uniform Filter on a computer or similar device. If you install ATS Uniform Filter onto a multi-user platform, server or network, each and every individual user of ATS Uniform Filter must be licensed separately.

You may make one copy of ATS Uniform Filter for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of ATS Uniform Filter . The assignment, sublicense, networking, sale, or distribution of copies of ATS Uniform Filter are strictly forbidden without the prior written consent of ATS AB. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of ATS Uniform Filter. If any person other than yourself uses ATS Uniform Filter registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!

3.3 Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile ATS Uniform Filter. Nor can you create any derivative works or other works that are based upon or derived from ATS Uniform Filter in whole or in part.

ATS AB’s name, logo and graphics file that represents ATS Uniform Filter shall not be used in any way to promote products developed with ATS Uniform Filter. ATS AB retains sole and exclusive ownership of all right, title and interest in and to ATS Uniform Filter and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of ATS Uniform Filter, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for ATS AB.

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend ATS AB, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of ATS AB’s Software.

In no event (including, without limitation, in the event of negligence) will ATS AB, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, ATS Uniform Filter or the use or inability to use ATS Uniform Filter or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

ATS AB’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by ATS AB ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to ATS AB.

3.5 Warranties

Except as expressly stated in writing, ATS AB makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

This Agreement shall be governed by the law of the country applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Sweden therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of ATS Uniform Filter and destroy all copies of ATS Uniform Filter supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY ATS Uniform Filter AS WELL.

5. CONSENT OF USE OF DATA

You agree that ATS AB may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to ATS Uniform Filter. ATS AB may also use this information to provide notices to you which may be of use or interest to you.

Compatibility and System Requirements

ATS Sphere Remover 1.0
Copyright (c) 2014 ATS AB

*** END USER LICENSE AGREEMENT ***

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

1. LICENSE

By receiving, opening the file package, and/or using ATS Sphere Remover 1.0 (“Software”) containing this software, you agree that this End User User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by ATS AB your use of ATS Sphere Remover 1.0 indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, ATS AB grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use ATS Sphere Remover 1.0 in accordance with this Agreement and any other written agreement with ATS AB. ATS AB does not transfer the title of ATS Sphere Remover 1.0 to you; the license granted to you is not a sale. This agreement is a binding legal agreement between ATS AB and the purchasers or users of ATS Sphere Remover 1.0.

If you do not agree to be bound by this agreement, remove ATS Sphere Remover 1.0 from your computer now and, if applicable, promptly return to ATS AB by mail any copies of ATS Sphere Remover 1.0 and related documentation and packaging in your possession.

2. DISTRIBUTION

ATS Sphere Remover 1.0 and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of ATS Sphere Remover 1.0 contact ATS AB.

3. USER AGREEMENT

3.1 Use

Your license to use ATS Sphere Remover 1.0 is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of ATS Sphere Remover 1.0.

3.2 Use Restrictions

You shall use ATS Sphere Remover 1.0 in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of ATS Sphere Remover 1.0 together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

Each licensed copy of ATS Sphere Remover 1.0 may be used on one single computer location by one user. Use of ATS Sphere Remover 1.0 means that you have loaded, installed, or run ATS Sphere Remover 1.0 on a computer or similar device. If you install ATS Sphere Remover 1.0 onto a multi-user platform, server or network, each and every individual user of ATS Sphere Remover 1.0 must be licensed separately.

You may make one copy of ATS Sphere Remover 1.0 for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of ATS Sphere Remover 1.0 . The assignment, sublicense, networking, sale, or distribution of copies of ATS Sphere Remover 1.0 are strictly forbidden without the prior written consent of ATS AB. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of ATS Sphere Remover 1.0. If any person other than yourself uses ATS Sphere Remover 1.0 registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!

3.3 Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile ATS Sphere Remover 1.0. Nor can you create any derivative works or other works that are based upon or derived from ATS Sphere Remover 1.0 in whole or in part.

ATS AB’s name, logo and graphics file that represents ATS Sphere Remover 1.0 shall not be used in any way to promote products developed with ATS Sphere Remover 1.0. ATS AB retains sole and exclusive ownership of all right, title and interest in and to ATS Sphere Remover 1.0 and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of ATS Sphere Remover 1.0, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for ATS AB.

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend ATS AB, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of ATS AB’s Software.

In no event (including, without limitation, in the event of negligence) will ATS AB, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, ATS Sphere Remover 1.0 or the use or inability to use ATS Sphere Remover 1.0 or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

ATS AB’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by ATS AB ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to ATS AB.

3.5 Warranties

Except as expressly stated in writing, ATS AB makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

This Agreement shall be governed by the law of the country applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Sweden therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of ATS Sphere Remover 1.0 and destroy all copies of ATS Sphere Remover 1.0 supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY ATS Sphere Remover 1.0 AS WELL.

5. CONSENT OF USE OF DATA

You agree that ATS AB may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to ATS Sphere Remover 1.0. ATS AB may also use this information to provide notices to you which may be of use or interest to you.

Compatibility and System Requirements

Requires SCENE 5.2.5 or SCENE LT 5.2.5.
System requirements are identical with SCENE 5.2.5.

View End User License Agreement

ATS Quality Manager 2.0
Copyright (c) 2014 ATS AB

*** END USER LICENSE AGREEMENT ***

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

1. LICENSE

By receiving, opening the file package, and/or using ATS Quality Manager (“Software”) containing this software, you agree that this End User User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by ATS AB your use of ATS Quality Manager indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, ATS AB grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use ATS Quality Manager in accordance with this Agreement and any other written agreement with ATS AB. ATS AB does not transfer the title of ATS Quality Manager to you; the license granted to you is not a sale. This agreement is a binding legal agreement between ATS AB and the purchasers or users of ATS Quality Manager.

If you do not agree to be bound by this agreement, remove ATS Quality Manager from your computer now and, if applicable, promptly return to ATS AB by mail any copies of ATS Quality Manager and related documentation and packaging in your possession.

2. DISTRIBUTION

ATS Quality Manager and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of ATS Quality Manager contact ATS AB.

3. USER AGREEMENT

3.1 Use

Your license to use ATS Quality Manager is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of ATS Quality Manager.

3.2 Use Restrictions

You shall use ATS Quality Manager in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of ATS Quality Manager together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

Each licensed copy of ATS Quality Manager may be used on one single computer location by one user. Use of ATS Quality Manager means that you have loaded, installed, or run ATS Quality Manager on a computer or similar device. If you install ATS Quality Manager onto a multi-user platform, server or network, each and every individual user of ATS Quality Manager must be licensed separately.

You may make one copy of ATS Quality Manager for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of ATS Quality Manager . The assignment, sublicense, networking, sale, or distribution of copies of ATS Quality Manager are strictly forbidden without the prior written consent of ATS AB. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of ATS Quality Manager. If any person other than yourself uses ATS Quality Manager registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!

3.3 Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile ATS Quality Manager. Nor can you create any derivative works or other works that are based upon or derived from ATS Quality Manager in whole or in part.

ATS AB’s name, logo and graphics file that represents ATS Quality Manager shall not be used in any way to promote products developed with ATS Quality Manager. ATS AB retains sole and exclusive ownership of all right, title and interest in and to ATS Quality Manager and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of ATS Quality Manager, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for ATS AB.

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend ATS AB, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of ATS AB’s Software.

In no event (including, without limitation, in the event of negligence) will ATS AB, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, ATS Quality Manager or the use or inability to use ATS Quality Manager or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

ATS AB’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by ATS AB ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to ATS AB.

3.5 Warranties

Except as expressly stated in writing, ATS AB makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

This Agreement shall be governed by the law of the country applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Sweden therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of ATS Quality Manager and destroy all copies of ATS Quality Manager supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY ATS Quality Manager AS WELL.

5. CONSENT OF USE OF DATA

You agree that ATS AB may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to ATS Quality Manager. ATS AB may also use this information to provide notices to you which may be of use or interest to you.

Compatibility and System Requirements

SCENE or SCENE LT 5.2 or higher need to be installed.

System requirements are identical with SCENE 5.2

Does not support SCENE 5.1 or lower

Software License Agreement

License

Under this Software License Agreement (the “Agreement”), Point Cloud Spatial Solutions (the “Vendor”) grants to the user (the “Licensee”) a non-exclusive and non-transferable license (the “License”) to use Elevation Quality Analysis for SCENE (EQA4SCENE) (the “Software”).
“Software” includes executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.
Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.
The Software may be loaded onto no more than one computer. A single copy may be made for backup purposes only.
The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.
The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.License Fee
The original purchase price paid by the Licensee will constitute the entire license fee and is the full consideration for this Agreement.Limitation of Liability
The Software is provided by the Vendor and accepted by the Licensee “as is”. Liability of the Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.
The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.
The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.Warrants and Representations
The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright or applicable statute.Acceptance
All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee (“Acceptance”) on installation of the Software.Term
The term of this Agreement will begin on Acceptance and is perpetual.Termination
This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to the Vendor.Force Majeure
The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.Governing Law
The Parties to this Agreement submit to the jurisdiction of the courts of the State of California for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of California.Miscellaneous
This Agreement can only be modified in writing signed by both the Vendor and the Licensee.
This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.
Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor’s successors and assigns.Notices
All notices to the Vendor under this Agreement are to be provided at the following address:

Point Cloud Spatial Solutions
12440 Landale St.
Studio City, CA 91604
Or visit Point Cloud Spatial Solutions at http://www.pcss.xyz

Compatibility and System Requirements

EQA4SCENE works with version 5.2 or above of SCENE or SCENE LT. Verify that your computer meets the minimum system requirements for your operating system and hardware as specified by FARO documentation for SCENE or SCENE LT. Visit the FARO Technical Support Center for more details.

Software License Agreement

This Software License Agreement is part of the Operating Manual for the product and software System which you have purchased from FARO TECHNOLOGIES INC. (collectively, the “Licenser”). By your use of the software you are agreeing to the terms and conditions of this Software License Agreement. Throughout this Software License Agreement, the term “Licensee” means the owner of the System.

I. The Licensor hereby grants the Licensee the non exclusive right to use the computer software described in this Operating Manual (the “Software”). The Licensee shall have no right to sell, assign, sub-license, rent or lease the Software to any third party without the Licenser’s prior written consent.

II. The Licenser further grants the Licensee the right to make a backup copy of the Software media. The Licensee agrees that it will not decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Software except as permitted by this Agreement. The Licensee further agrees not to copy any written materials accompanying the Software.

III. The Licensee is licensed to use the Software only in the manner described in the Operating Manual. Use of the Software in a manner other than that described in the Operating Manual or use of the Software in conjunction with any non-Licenser product which decompiles or recompiles the Software or in any other way modifies the structure, sequence or function of the Software code, is not an authorized use, and further, such use voids the Licenser’s set forth below.

IV. The only warranty with respect to the Software and the accompanying written materials is the warranty, if any, set forth in the Quotation/Purchase Order and Warranty Appendix B pursuant to which the Software was purchased from the Licenser.

V. THIS WARRANTY IS IN LIEU OF OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND WRITTEN MATERIALS. IN NO EVENT WILL THE LICENSER BE LIABLE FOR DAMAGES, INCLUDING ANY LOST PROFITS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, NOTWITHSTANDING THAT THE LICENSER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THE LICENSER WILL NOT BE LIABLE FOR ANY SUCH CLAIM BY ANY OTHER PARTY.

VI. In the event of any breach by the Licensee of this Agreement, the license granted hereby shall immediately terminate and the Licensee shall return the Software media and all written materials, together with any copy of such media or materials, and the Licensee shall keep no copies of such items.

VII. The interpretation of this Agreement shall be governed by the following provisions:

a. This Agreement shall be construed pursuant to and governed by the substantive laws of the State of Florida (and any provision of Florida law shall not apply if the law of a state or jurisdiction other than Florida would otherwise apply).

b. If any provision of this Agreement is determined by a court of competent jurisdiction to be void and non-enforceable, such determination shall not affect any other provision of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect. If any provision or term of this Agreement is susceptible to two or more constructions or interpretations, one or more of which would render the provision or term void or non-enforceable, the parties agree that a construction or interpretation which renders the term of provision valid shall be favored.

c. This Agreement constitutes the entire Agreement, and supersedes all prior agreements and understandings, oral and written, among the parties to this Agreement with respect to the subject matter hereof.

VIII. If a party engages the services of an attorney or any other third party or in any way initiates legal action to enforce its rights under this Agreement, the prevailing party shall be entitled to recover all reasonable costs and expenses (including reasonable attorney’s fees before trial and in appellate proceedings).

Compatibility and System Requirements

The SCENE WebShare 2Go 2.0 plugin is compatible with the following versions of SCENE:

SCENE 6.0 and above

SCENE LT 6.0 and above

System Requirements: identical with SCENE 6.0 (LT) requirements

End User License Agreement

This Software License Agreement is part of the Operating Manual for the product and software System which you have purchased from scantaxi UG (haftungsbeschränkt) (collectively, the “Licenser”). By your use of the software you are agreeing to the terms and conditions of this Software License Agreement. Throughout this Software License Agreement, the term “Licensee” means the owner of the System.

I. The Licensor hereby grants the Licensee the non exclusive right to use the computer software described in this Operating Manual (the “Software”). The Licensee shall have no right to sell, assign, sub-license, rent or lease the Software to any third party without the Licenser’s prior written consent.

II. The Licenser further grants the Licensee the right to make a backup copy of the Software media. The Licensee agrees that it will not decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Software except as permitted by this Agreement. The Licensee further agrees not to copy any written materials accompanying the Software.

III. The Licensee is licensed to use the Software only in the manner described in the Operating Manual. Use of the Software in a manner other than that described in the Operating Manual or use of the Software in conjunction with any non-Licenser product which decompiles or recompiles the Software or in any other way modifies the structure, sequence or function of the Software code, is not an authorized use, and further, such use voids the Licenser’s set forth below.

IV. The only warranty with respect to the Software and the accompanying written materials is the warranty, if any, set forth in the Quotation/Purchase Order and Warranty Appendix B pursuant to which the Software was purchased from the Licenser.

V. THIS WARRANTY IS IN LIEU OF OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND WRITTEN MATERIALS. IN NO EVENT WILL THE LICENSER BE LIABLE FOR DAMAGES, INCLUDING ANY LOST PROFITS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, NOTWITHSTANDING THAT THE LICENSER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THE LICENSER WILL NOT BE LIABLE FOR ANY SUCH CLAIM BY ANY OTHER PARTY.

VI. In the event of any breach by the Licensee of this Agreement, the license granted hereby shall immediately terminate and the Licensee shall return the Software media and all written materials, together with any copy of such media or materials, and the Licensee shall keep no copies of such items. VII. The interpretation of this Agreement shall be governed by the following provisions:

a. This Agreement shall be construed pursuant to and governed by the substantive laws of Germany.

b. If any provision of this Agreement is determined by a court of competent jurisdiction to be void and non-enforceable, such determination shall not affect any other provision of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect. If any provision or term of this Agreement is susceptible to two or more constructions or interpretations, one or more of which would render the provision or term void or non-enforceable, the parties agree that a construction or interpretation which renders the term of provision valid shall be favored.

c. This Agreement constitutes the entire Agreement, and supersedes all prior agreements and understandings, oral and written, among the parties to this Agreement with respect to the subject matter hereof.

VIII. If a party engages the services of an attorney or any other third party or in any way initiates legal action to enforce its rights under this Agreement, the prevailing party shall be entitled to recover all reasonable costs and expenses (including reasonable attorney’s fees before trial and in appellate proceedings).

Compatibility and System Requirements

SCENE 5.1.6 and above
SCENE 5.1.6 LT and above