EULA for Real5D software
By installing the Real5D software, You or the Entity or Company that you represent ("You") are unconditionally consenting to be bound by and are becoming a party to this End User License Agreement ("Agreement"). Your use of the software or service shall also constitute assent to the terms of this agreement. if you do not unconditionally agree to all of the terms of this agreement, do not check the "I Agree" box and you will not have any right to use the Real5D software or service. Acceptance of this agreement by Real5D ("Real5D," "We," or "Us") is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms; if these terms are considered an offer, acceptance is expressly limited to these terms.
Real5D's rendering engine uses 3D models uploaded by users, therefore the models may be different from the real life objects. The display of remote locations is done using 3D rendering techniques, lighting, shadows and materials are mathematically correct but the result can be different than at the actual scene. Real5D's rendering should be considered as a visualisation, not an accurate real life model.
Subject to the terms of this Agreement and your compliance therewith, Real5D grants to you a personal, nontransferable, nonsublicensable, nonexclusive license to use this software and the related on-line documentation (collectively, the "Software") for your personal use only, on up to three computers that you own, in object code form only, and only in accordance with the related on-line documentation. Real5D shall retain all title to and ownership of the Software and all copies thereof. Real5D reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on its website, http://real5d.com, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Software or any Real5D Service by you following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
You shall not, nor shall you permit anyone else to, directly or indirectly: (i) modify, distribute, or, copy the Software; (ii) reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or structure, sequence, and organization of the Software (except to the extent restrictions on reverse engineering are prohibited by applicable local law); or (iii) rent, lease, or use the Software or any Real5D Service for timesharing or service bureau purposes. You shall maintain and not remove or obscure any proprietary notices on the Software, and shall reproduce such notices exactly on all permitted copies (if any) of the Software. As between the parties, all title, ownership rights, and intellectual property rights in and to the Software or any Real5D Service, and any copies, portions, or derivatives thereof, shall remain in Real5D and its suppliers or licensors. You understand that Real5D may modify or discontinue offering the Software or any Real5D Service at any time. This Agreement does not give you any rights not expressly granted herein.
Intellectual Property; Content
As a condition to your use of the Software, you represent, warrant, and covenant that you will not use the Software or any Real5D Service: (i) to infringe or violate the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (ii) to violate (or encourage the violation of) any applicable law, statute, ordinance, or regulation; (iii) to disseminate, transfer or store information or materials in any form or format (your "Content") that are harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that otherwise violate any law or right of any third party; (iv) to disseminate Content that is an advertisement, solicitation, investment opportunity, or other unsolicited commercial communication; (v) to disseminate Content that is the confidential information of any third party without authorization from such third party to do so; or (vi) to disseminate any software viruses or any other computer code, files, or programs that may interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or violate the security of any computer network. Further, you certify to Real5D that if you are an individual (e.g., not a corporation), you are at least the age of majority in your jurisdiction, or you have obtained the consent of your parent or guardian to use the Real5D Service. You also certify that you are legally permitted to use the Software and access the Content, and take full responsibility for the selection and use of the Software and access to the Content. This Agreement is void where prohibited by law, and the right to access the Software or the Real5D Services is revoked in such jurisdictions.
The software and the Real5D service is provided "as is" and Real5D makes no warranty of any kind with regard to the software and the Real5D service. Real5D expressly disclaims all warranties, express or implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose or noninfringement. further, Real5D does not warrant results of use or that the software and the Real5D service is bug-free or error-free or that its use will be uninterrupted. Real5D does not and cannot warrant the results you may obtain by using the software and the Real5D service. This disclaimer of warranty constitutes an essential part of this agreement. the foregoing disclaimers also apply with respect to Real5D's contractors and agents. Some states do not allow the exclusion of implied warranties, so the above limitations may not apply to you. Further, Real5D has no special relationship with or fiduciary duty to you. You acknowledge that Real5D has no control over, and no duty to take any action regarding: which users gain access to the Software and the Real5D Service; what Content you access via the Software and the Real5D Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Real5D from all liability for your having acquired or not acquired Content through the Software and the Real5D Service. The Software and the Real5D Service may contain, or enable you to access, information that some people may find offensive or inappropriate. Real5D makes no representations concerning any Content contained in or accessed through the Software and the Real5D Service, and Real5D will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Software and the Real5D Service.
Electronic Communications Privacy Act Notice (18 U.S.C. 2701-2711)
Real5D makes no guarantee regarding the confidentiality or privacy of any communication or information transmitted using the software or the Real5D service. Real5D will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on equipment, transmitted over networks accessed by the Software or the Real5D Service, or otherwise connected with your use of the Software or the Real5D Service.
Copyright Dispute and Privacy Policies
Limitation of Remedies and Damages
Under no circumstances and under no legal theory, including, but not limited to, tort, contract, negligence, strict liability, or otherwise, shall Real5D be liable to you or any other person (i) for any indirect, special, incidental, or consequential damages of any character or (ii) for any matter beyond its reasonable control. Real5D's liability for damages of any kind whatsoever arising out of this agreement shall be limited to $50 (us), except where not permitted by applicable law, in which case Real5D's liability shall be limited to the maximum extent permitted by such applicable law. The foregoing limitations shall apply even if Real5D has been informed of the possibility of such damages. The foregoing limitations also apply with respect to Real5D's contractors and agents. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusion may not apply to you.
You agree that Real5D and its partners, contractors, and agents shall have no liability whatsoever for any use you make of the Software. You shall indemnify and hold harmless Real5D and its partners, contractors, and agents from any claims, damages, losses, liabilities, costs, and fees (including reasonable attorney's fees) arising from your use of the Software as well as from your failure to comply with any term of this Agreement.
This Agreement shall continue until terminated as set forth in this section. You may terminate this Agreement at any time. Your rights under this Agreement will terminate automatically without notice from Real5D if you fail to comply with any term of this Agreement. Upon termination, the Agreement granted hereunder shall terminate and you shall immediately destroy and remove from all computers all copies of the Software, and discontinue all use of the Service, but the terms of this Agreement will otherwise remain in effect.
Export Law Assurances
In connection with the Software, you agree to comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control ("OFAC"), or other United States or foreign agency or authority, and you agree not to export, or allow the export or re-export of the Software in violation of any such restrictions, laws, or regulations. By using the Software, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws provisions thereof. The sole and exclusive jurisdiction and venue for actions arising under this Agreement shall be the State and Federal courts in San Francisco, California; you and Real5D each hereby consent to the jurisdiction of such courts in connection with any such action. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement constitutes the entire agreement between you and Real5D with respect your use of the Real5D Software and supersedes all prior or contemporaneous understandings regarding such subject matter. Except as set forth above, no amendment to or modification to this Agreement will be binding unless in writing and signed by Real5D and you. The party prevailing in any dispute under this Agreement shall be entitled to its costs and legal fees. Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material bargained for bases of this Agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement. Real5D expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. Real5D's contractors and agents are intended third party beneficiaries under this Agreement.
Government End Users
The Real5D Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.