End User Licence Agreement

3DG PhotoMatch · last updated: [DATE]

Draft. This is a working draft: it must be reviewed by a lawyer before publication. The licensor's address, the competent court and the date are still to be filled in.

1. Parties and subject

This agreement is between Guido Bazzotti, trading as “3DG”, PEC 3dg@pec.it, VAT IT01914500200 (“3DG” or “the Licensor”) and the natural or legal person who installs or uses the software (“the User”).

Its subject is the software 3DG PhotoMatch, in its versions for 3ds Max, Cinema 4D, Rhino and SketchUp (the “Software”), together with the plugin installed on the User's computer and the licence activation and verification service the plugin relies on (the “Service”).

By installing, activating or using the Software the User accepts this agreement. If the User does not accept it, they must not install or use the Software.

2. Licence granted

3DG grants the User a non-exclusive, non-transferable and revocable licence to install and use the Software, for the platform the licence was purchased for:

on two registered computers owned or used by the User;
with one workstation in use at a time: opening the Software on one registered computer may suspend availability on the other, until the latter takes it back;
for an unlimited number of projects, commercial ones included.

A licence for one platform does not grant the right to use the Software on another platform.

3. Free trial

3DG may offer a free trial of limited duration (currently 7 days), with every function active, limited to one email address and one computer per person. When the trial ends the Software stops solving until a licence is activated. 3DG may change or suspend the trial at any time.

4. Activation, connection and verification

The Software requires online activation: the first activation on each computer goes through 3DG's servers and needs an internet connection.
The camera solve runs on the User's computer: once activated, the Software works without a connection too. The Software periodically checks with 3DG's servers that the licence is still valid on the computer in use; if the check fails, it keeps working for 72 hours from the last successful check. After that period without a successful connection, solving stops until a check succeeds.
The User may release a registered computer from within the Software, in order to register another one. Replacing a computer that can no longer be released (failure, reinstall, hardware change) must be requested from 3DG using the email address of the purchase; 3DG will assess and carry it out within a reasonable time.
3DG undertakes to keep the Service running, but does not warrant uninterrupted availability. Maintenance and faults may temporarily prevent the activation of new computers and, if they last beyond the period in point 2, the periodic licence check.

5. Restrictions

The User may not:

copy, distribute, rent, lend, transfer or sublicense the Software or the licence key;
share the licence key with third parties or publish it;
circumvent, disable or tamper with the licensing, verification or communication mechanisms, nor use the Service with tools other than the Software;
decompile, modify or create derivative works of the Software, save where mandatory law provides otherwise;
use the Software for unlawful purposes or in breach of third-party rights.

Breach of these restrictions leads to revocation of the licence without refund, in addition to damages.

6. Intellectual property

The Software, the Service, the code, the documentation and the signs “3DG” and “3DG PhotoMatch” (trade names and unregistered marks) belong to the Licensor and are protected by copyright and industrial property law. This agreement transfers no ownership: the User acquires a right of use.

The Software is written entirely by 3DG and bundles no third-party libraries. The only code of external origin is the Ed25519 signature verification, derived from the public-domain reference implementation of RFC 8032; the full list is in the LICENSE-THIRD-PARTY.txt file shipped with every package.

3ds Max is a trademark of Autodesk, Inc.; Cinema 4D of Maxon Computer GmbH; Rhinoceros of Robert McNeel & Associates; SketchUp of Trimble Inc.; V-Ray of Chaos Software; Corona Renderer of Chaos Czech a.s. 3DG PhotoMatch is an independent product, not affiliated with, sponsored by or endorsed by those companies.

7. Updates

Bug-fix updates and minor versions for the purchased platform are included in the price. 3DG may charge for major versions or for support of new versions of the host programs, and may discontinue support for obsolete host versions on notice.

8. Warranty disclaimer

The Software and the Service are provided “as is”. To the extent permitted by law, 3DG disclaims every warranty, express or implied, of merchantability, fitness for a particular purpose and non-infringement.

In particular the User acknowledges that camera matching is an estimate: the computed position, orientation and focal length depend on the quality of the photograph, on the precision of the points indicated by the User and on how well the model matches reality. Every result must be checked by the User before being used for surveys, design, rendering, expert reports or any other professional purpose. 3DG does not warrant the accuracy, the metric precision or the fitness of the result for any given purpose.

9. Limitation of liability

To the extent permitted by law, 3DG is not liable for indirect, incidental or consequential damages, nor for loss of profit, data, contracts or time, arising from the use of or inability to use the Software or the Service, even if advised of the possibility of such damages.

In any case 3DG's total liability towards the User may not exceed the amount paid by the User for the licence in the twelve months preceding the event giving rise to the claim.

Nothing in this agreement limits liability for wilful misconduct or gross negligence, nor the mandatory rights of consumers.

10. Term and termination

The licence is perpetual for the version purchased, subject to the dependency on the Service described in article 4. 3DG may terminate the agreement and revoke the licence in case of breach of articles 5 or 6. On termination the User must stop using the Software and delete every copy.

3DG reserves the right to discontinue the Service on at least twelve months' notice, published on the website; in that case it will consider ways for users with an active licence to keep using the Software.

11. Personal data

The processing of personal data connected with the use of the Software and the Service is described in the Privacy Notice, which forms an integral part of this agreement.

12. Governing law and jurisdiction

This agreement is governed by Italian law. The courts of Mantua (Italy) have jurisdiction, without prejudice, for consumers, to the mandatory jurisdiction of the courts of their place of residence or domicile.

13. Miscellaneous

If a clause is invalid, the others remain effective. Failure to exercise a right is not a waiver of it. 3DG may update this agreement for future versions of the Software; the applicable version is the one accepted on installation.

Contact: support@3dg.it