PLEASE CHECK THE “I HAVE READ AND AGREE TO THE LICENSE AGREEMENT” BOX AT THE BOTTOM OF THIS AGREEMENT IF YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. 

BY CHECKING THE “I HAVE READ AND AGREE TO THE LICENSE AGREEMENT” BOX AND/OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING ALL OR ANY PORTION OF THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, AND TO THE EXTENT YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, YOU HAVE THE POWER AND AUTHORITY TO BIND THAT COMPANY.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE AND CONTACT INARTIS FOR TERMS AND LIMITATIONS ON RETURNING THE SOFTWARE FOR A REFUND.

1. Software License

License Grant.
Subject to the terms and conditions set forth in this Agreement, Inartis hereby grants to Licensee and Licensee hereby accepts, a limited, non-transferable, perpetual, non-exclusive license (the “License”) to install, and use the Inartis computer software identified as Kribi 3D Designer and any updates, upgrades, modifications and error corrections thereto provided to Licensee (the “Programs”), accompanying documentation (the “Documentation”) and any accompanying material including but not limited to any images, animations, video, models, (the “Content Files” together with the Documentation and Programs, collectively the “Software”) solely as specified in this Agreement. 

YOU MAY NEED TO OBTAIN A SEPARATE PUBLISHING LICENSE IN ORDER TO USE AND PLUBLISHING ANY CONTENTS PRODUCED BY YOU USING THE SOFWARE IN ANY KRIBI 3D PLAYER, STANDALONE PLAYER, PLUG-IN, RUNTIME OR ACTIVEX CONTROL.

Scope of Use
The Software is licensed on a per-end user seat basis, not sold. You may install the Software on one compatible Computer; access and use the Software solely by the number of persons corresponding to the number of end-user licenses you purchased as long as, when required by the Software, you present a valid serial number for each copy, for each end-user license you purchased, make one copy of the printed materials accompanying the Software, if any, or print one copy of any online user documentation solely for use by licensed users.

Trial License
If you download the free Trial License, then, subject to the terms and conditions set forth in this agreement, Licensor hereby grants to Licensee and Licensee hereby accepts a license for evaluation purposes only. You are authorized to install, copy, and use the Software for the sole purpose of testing its functionality. You are not allowed to use it for any commercial or productive purpose.

The trial license expires in a limited period of time after the installation, You may not use the Software after its tryout period has ended unless you input a valid serial number.

ACCESS TO ANY OUTPUT FILES CREATED WITH THE SOFTWARE USED ON A TRIAL BASIS IS ENTIRELY AT YOUR OWN RISK.

Pre-release version
If you download the free pre-release version license (beta version), then, subject to the terms and conditions set forth in this agreement, Licensor hereby grants to Licensee and Licensee hereby accepts a license for evaluation and trial purposes only. You are authorized to install, copy, and use the Software for the sole purpose of testing its functionality. You are not allowed to use it for any commercial or productive purpose. The Pre-release version license expires in a limited period of time after the installation, and will terminate thirty (30) days following Inartis commercial release of the Product. 

THE SOFTWARE IS A PRE-RELEASE VERSION PRODUCT AND IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY. THE SOFTWARE MAY CONTAIN BUGS, ERRORS AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES OR DATA LOSS AND MAY NOT PERFORM ALL FUNCTIONS FOR WHICH IT IS INTENDED OR REPRESENTED AND SHOULD ONLY BE USED IN A DEDICATED TEST ENVIRONMENT THAT DOES NOT HOLD ANY RISK OF LOSS OF OR DAMAGE TO PRODUCTION DATA. THE USE OF THE SOFTWARE PRODUCT IS ENTIRELY AT YOUR RISK. ACCESS TO ANY OUTPUT FILES CREATED WITH THE SOFTWARE USED ON A TRIAL BASIS IS ENTIRELY AT YOUR OWN RISK.

Update Subscription
If You purchase an End User License with Subscription, You are eligible to receive all Major Updates and Minor Updates for the version of the Software that you license hereunder for the Software for a period of one (1) year from the date on which you purchase the License for the Software.  Updates replace and/or supplement (and may disable) the version of the Software that formed the basis for your eligibility for the Update.  You may use the resulting updated Software only in accordance with the terms of this License. Updates may be licensed to you by Inartis with additional or different terms.

Backup Copy
You may make a reasonable number of backup copies of the Software, provided your backup copies are not installed or used for other than archival purposes.

Content Files
Unless stated otherwise in the “Read-Me” files or other license associated with the Content Files, which may include specific rights and restrictions with respect to such materials, You may display, modify, reproduce and distribute any of the Content Files. However, you may not distribute the Content Files on a stand-alone basis (i.e., in circumstances in which the Content Files constitute the primary value of the product being distributed), and you may not claim any trademark rights in the Content Files or derivative works thereof.

Sample Application Code
You may modify the source code form of those portions of such software programs that are identified as sample code, sample application code, or components (each, “Sample Application Code”) in the accompanying Documentation solely for the purposes of designing, developing and testing websites and applications developed using Inartis Software; provided, however, you are permitted to copy and distribute the Sample Application Code (modified or unmodified) only if all of the following conditions are met: you distribute the compiled object Sample Application Code with your application; you do not include the Sample Application Code in any product or application designed for website development; and you do not use the Inartis name, logos or other Inartis trademarks to market your application. You agree to indemnify, hold harmless and defend Inartis from and against any loss, damage, claims or lawsuits, including attorney’s fees, that arise or result from the use or distribution of your application.

2. License Limitations

At no time may the Software be used by other individuals than the Licensed End User(s);
You are not allowed to resell, transfer, rent, lease, or sublicense the Software and your associated rights;
You are not allowed to disassemble, decompile or “unlock”, decode or otherwise reverse translate or engineer, or attempt in any manner to reconstruct or discover any source code or underlying algorithms of Software that is provided to you;
 You are not allowed to use, copy, modify, or distribute copies of the Software and any accompanying documents;
 You are not allowed to disclose the results of any benchmark tests of the software to any third party without Inartis prior written approval.

3. Term and Termination

Term and Termination.
This Agreement and the License granted hereunder shall last as long as you use the Software in compliance with this Agreement. Inartis may terminate this Agreement and the License granted hereunder if you fail to comply with any of the terms and conditions of this Agreement. Upon termination of this Agreement for any reason the License granted to you hereunder shall terminate automatically and You shall immediately cease use and distribution of the Software, You must also destroy all copies of the Software and any product and company logos provided by Inartis in connection with this Agreement.

Additional Termination Rights of Inartis. 
Unless otherwise prohibited by law and without prejudice to Inartis other rights or remedies, Inartis shall have the right to terminate this Agreement and the License granted hereunder immediately in the event that any of the below occurs: If You materially breach any of the material terms of this Agreement, and You fail to cure such material breach within thirty (30) days of receipt of notice from Inartis of such material breach; If You breach any of the License restrictions set forth herein, or engage in, or participate with any third party in the unauthorized manufacture, duplication, reverse-engineering, distribution of any software of Inartis (including the Software), or engage in any activities prohibited by law; If You engage in the unauthorized use of any software of Inartis (including the Software) or infringe upon any intellectual property right of Inartis.
 
4. Intellectual Property
 
All title and ownership rights in and to the Software (including but not limited to any images, animations, video, models, text embedded in the Software) and any authorized copies that you make are the intellectual property of and are owned by Inartis and its licensors. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Inartis and its licensors, the intellectual property embodied in the Software, and any trademarks or service marks of Inartis that are used in connection with the Software are and shall at all time remain exclusively owned by Inartis and its licensors and are protected by applicable copyright or other intellectual property laws and treaties. This agreement does not grant you any intellectual property rights in the Software.

All title and intellectual property rights in and to the content that may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content.
 
5. Limited Warranty
 
Inartis warrants solely that the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days period following the date on which You purchase the License for the Software.
 
Inartis does not warrant the use of the Software will be uninterrupted or error free at all times and in all circumstances, nor that program errors will be corrected. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION, INARTIS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
 
This limited warranty shall not apply to any error or failure resulting from machine error, Licensee’s failure to follow operating instructions, installation not in accordance with the recommended operating system and hardware configuration, negligence or accident, non-substantial variation of performance from the Documentation or modifications to the Software by any person or entity other than Inartis. 
 
This limited warranty does not apply to the following, which are made available AS-IS and without warranty from Inartis: patches, pre-release (beta), trial, evaluation, product sampler, and not for resale (NFR) copies of the Software; websites, Inartis online services; and any software made available by Inartis for free via web download from the Inartis website.
 
In the event of a breach of warranty, Licensee’s sole and exclusive remedy and Inartis sole and exclusive obligation, is repair of all or any portion of the Software. If such remedy fails of its essential purpose, Licensee’s sole remedy and Inartis maximum liability shall be a refund of the paid purchase price for the defective Software only. This limited warranty is only valid if Inartis receives written notice of breach of warranty, along with proof of purchase, within such ninety (90) days period. 
 
6. Limitation of Liability
 
To the maximum extent permitted by applicable law, in no event will Inartis be liable for any indirect, special, incidental, or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. 
In any case, Inartis entire liability under any provision of this agreement shall not exceed in the aggregate the sum of the license fees Licensee paid to Inartis for the Software giving rise to such damages, notwithstanding any failure of essential purpose of any limited remedy. 
 
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not be applicable. Inartis  does not seek to limit your warranty or remedies to any extent not permitted by law.
 
Inartis is not responsible for any liability arising out of content provided by Licensee or a third party that is accessed through the Software and/or any material linked through such content. Any data included in the Software upon shipment from Inartis  is for testing use only and Inartis hereby disclaims any and all liability arising therefrom.

Inartis is acting on behalf of its affiliates and suppliers for the purpose of disclaiming, excluding and limiting obligations, warranties and liability, but in no other respects and for no other purpose.
 
7. Indemnity
 
You agree to indemnify, hold harmless, and defend Inartis and its resellers from and against any and all claims, lawsuits and proceedings (collectively “Claims”), and all expenses, costs (including attorney's fees), judgments, damages and other liabilities resulting from such Claims, that arise or result from the use or distribution of Your Integrated Product (to the extent such Claims are not attributable to the Software component of such Integrated Product).  
 
8. Confidentiality

Software Comments.
You agree that all Software comments are made voluntarily and shall not create a confidentiality obligation from Inartis to any party and Inartis shall be free to use any Software comments in any manner without obligation of any kind to you or any of your employees.

Unsolicited idea submission. Inartis or any of its employees do not accept or consider unsolicited ideas, including ideas for new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. So, please do not send your unsolicited ideas to Inartis or anyone at Inartis to avoid potential misunderstandings or disputes when Inartis products or marketing strategies might seem similar to ideas submitted to Inartis. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Inartis makes no assurances that your ideas and materials will be treated as confidential or proprietary.
 
9. Governing Law
 
This License will be governed by the law of the Swizerland, and the competent court of Launnane.
This agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
If any provision of this Agreement is to be held unenforceable, such holding will not affect the validity of the other provisions hereof.  Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
 
10. Entire Agreement
 
This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous communications regarding the subject matter hereof.  
 
11. Privacy
 
Automatic Connections to the Internet
The Software may cause your Computer to automatically connect to the Internet and to communicate with an Inartis website for purposes that may include providing you with additional information, features and functionality, checking for Updates, license activation. When the Software automatically connects to the Internet, an Internet protocol address (“IP Address”) that is associated with your current Internet connection is sent to an Inartis website, no personally identifiable information is sent. Whenever the Software makes an Internet connection and communicates with an Inartis website, the Inartis Privacy Policy shall apply.
 
12. No Assignment
 
You may not assign, sublicense, sub-contract, or otherwise transfer this Agreement, or any rights or obligations under it, without Inartis prior written consent.
 
13. Survival
 
Sections 2.3, 2.4, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 shall survive the expiration or termination of this Agreement.
 
14. Severability

If a particular provision of this Agreement is terminated or held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, this Agreement shall remain in full force and effect as to the remaining provisions.


YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE PRODUCT, BY LOADING OR RUNNING THE SOFTWARE PRODUCT, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT’S TERMS AND CONDITIONS.  YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN INARTIS AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.


 
Kribi 3D Designer EULA rev 2.0