Terms and conditions
CAPTUR3D BETA Program
1 Scope of this Agreement
The Software-Product accompanying this Agreement as a pre-release copy and all affiliated materials, including documentation and information (collectively the "Product"), is copyrighted. Scope of this agreement is the licensing (not selling) of the "Product" to You, as the 'User'.
CAPTUR3D reserves all rights not expressly granted.
2 Extent of Use / User Duties
2.1. CAPTUR3D grants the User a simple, non-exclusive and temporally restricted right to use the "Product" solely for the purpose of testing. Your rights in the "Product" are limited to those expressly granted in this agreement. In particular, CAPTUR3D reserves all rights of reproduction, distribution and publication.
2.2. The license is restricted to the respective version acquired, i.e. new versions must be re-licensed. CAPTUR3D is not obligated to provide maintenance, technical support or updates to the User. In no event shall CAPTUR3D be obligated to provide the User a copy of the commercial release version of the "Product". CAPTUR3D is not obligated to make the "Product" commercially available.
2.3. The license is restricted to the object code of the "Product". CAPTUR3D is not obliged to provide the user with the source code. The user may not reverse engineer, decompile, dis- and/or reassemble, or change, alter, modify the "Product"; or create derivative works, enhancements, extensions or add-ons to/of any part of the "Product".
2.4. This license entitles the user to install and use the "Product" on only one single location (only one computer normally). If this location is part of a multi-user-system, or if the "Product" is to be designed for getting installed on a server centrally (and to be used in a network system), the license is valid for all authorised users of the related system.
2.5. A transfer of the "Product" or any portion of it to third parties under retention of any usage possibilities is excluded, unless CAPTUR3D permits such a transfer in a written agreement with the user. The user is obliged to prevent unauthorised access to the "Product" by third parties through the implementation of appropriate precautionary measures. The original storage media delivered and any backups are to be stored in a location protected against unauthorised access by a third party. The User is to be obliged to advise potential employees to respect copyright and the terms of this agreement.
2.6. The User shall not rent, lease, sell, sublicense, assign any portion of the "Product" or the "Product" itself.
2.7. Duplication of the "Product" is prohibited.
2.8. Any copy protection system, copyright-notice, or registration-number built into the "Product", or any other characteristics that serve to identify the program, are not to be removed by the User.
2.9. The User agrees to provide reasonable feedback to CAPTUR3D, particularly to report any and all problems and test results relating to the "Product". All this information may be used by CAPTUR3D for its own purpose. Due to the nature of the development work, CAPTUR3D provides no assurance that any specific errors or discrepancies in the "product" will be corrected.
3 Warranty / Claims for Damages
3.1. The User is aware of the fact that Software can generally not be produced completely devoid of faults. CAPTUR3D is only liable for defects in the "Product" that decrease significantly it's value or suitability for the contractually intended use. The warranty refers only to material defects of contractual "Product's” delivered by CAPTUR3D. CAPTUR3D is liable without limitation for defects in title.
3.2. It is up to the User to choose an appropriate usage location for the "Product" and to determine the type of hardware/computer system to be used. CAPTUR3D offers no guarantees in this matter.
4 Term of Agreement
4.1. The term of this Agreement shall commence on the date of User's receipt of the Software and will continue for 2 months. A continue of the term may be granted by CAPTUR3D on written request.
4.2. Aside from the termination of the right of use by reason of time lapse, this Agreement will terminate without notice upon the commercial release of the "Product".
4.3. Furthermore, the rights conferred to the User under this agreement terminate without notice from CAPTUR3D if the User fails to comply with any term(s) of this agreement.
5.1 The User binds itself not to circulate and to keep severely secret any kind of information, particularly with regard to technical, financial, organisational aspects, of which auxiliary persons, representatives, or other assigned persons get aware in coherence with this contract and/or during collaboration. In case of doubts the User binds itself to confer with CAPTUR3D.
5.2 The User is obliged to bind assistants, auxiliary persons, representatives or other persons who could get in contact to information in the same way.
6 Further Terms
6.1. This agreement may not be modified, varied or altered, unless agreed upon in writing by both contracting parties.
6.2. This agreement is governed by and interpreted in accordance with the laws of Australia.
6.3. This agreement, together with the general terms and conditions of CAPTUR3D, comprises the entire agreement between CAPTUR3D and the User.
6.4. If any current or future provision of this agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this agreement will not be affected.
By accepting these terms, User confirms that it has read and accepts the CAPTUR3D Early Adopter Program Terms and Conditions, and agrees that the CAPTUR3D Early Adoption SaaS product is still in development and will be subject to the EAP Terms and Conditions.