EULA
End User License Agreement of UV-Packer
Copyright (C) 3D-IO Games & Video Production GmbH. UV-Packer is a registered trademark of 3D-IO GmbH. License last updated: January 20, 2021 This End-User License Agreement (“EULA”) is a legal agreement between you and 3D-IO GmbH.
This EULA agreement governs your acquisition and use of our UV-Packer software (“UV-Packer”) directly from 3D-IO GmbH or indirectly from any other source.
Please read this EULA agreement carefully before completing the installation process and using the UV-Packer software. It provides a license to use the UV-Packer software and contains warranty information and liability disclaimers.
By installing and/or using the UV-Packer software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
GENERAL USE
UV-Packer is free for use in any environment, including but not necessarily limited to: personal, academic, commercial, government, business, non-profit, and for-profit. “Free” in the preceding sentence means that there is no cost or charge associated with the installation and use of UV-Packer.
Permission is hereby granted, free of charge, to any person obtaining a copy of UV-Packer, to use UV-Packer without restriction, including the rights to use and copy UV-Packer, publish the results created by UV-Packer, and to permit persons to whom the UV-Packer is furnished to do so.
You may not modify, adapt, rent, lease, loan, sell, or create derivative the UV-Packer software. You may not include, link or embed UV-Packer software in your commercial software applications.
INTELLECTUAL PROPERTY RIGHTS
This Agreement does not transmit any intellectual rights on UV-Packer. UV-Packer and any copies are the intellectual property of and are owned by the 3D-IO GmbH.
UV-Packer is protected by copyright, including without limitation by Copyright Law and international treaty provisions.
The structure, organization and code of UV-Packer are the valuable trade secrets and confidential information of the 3D-IO GmbH. You agree not to decompile, disassemble or otherwise attempt to discover the source code of the Software.
You may not include, link or embed UV-Packer in your commercial software applications. For such purposes, 3D-IO GmbH offers you the commercial SDK, you can obtain it from https://www.uv-packer.com/download/
Any attempts to reverse-engineer, copy, clone, modify or alter in any way UV-Packer without the 3D-IO GmbH’s specific approval are strictly prohibited.
3D-IO GmbH shall at all times retain ownership of UV-Packer as originally downloaded by you and all subsequent downloads of UV-Packer by you. UV-Packer (and the copyright, and other intellectual property rights of whatever nature in UV-Packer, including any modifications made thereto) are and shall remain the property of 3D-IO GmbH.
WARRANTY
3D-IO GmbH warrants that:
3D-IO GmbH owns UV-Packer and documentation and/or is in possession of valid and existing licenses that support the terms of this Agreement.
UV-Packer conforms to specifications and functionality as specified in Documentation.
To the best of the 3D-IO GmbH’s knowledge, UV-Packer does not infringe upon or violate any intellectual property right of any third party.
UV-Packer does not contain any routine, intentionally designed by the 3D-IO GmbH to disable a computer program, or computer instructions that may alter, destroy or inhibit the processing environment.
Except those warranties specified in section Warranty above, UV-Packer is being delivered to you “AS IS” and the 3D-IO GmbH makes no warranty as to its use or performance.
3D-IO GmbH does not and cannot warrant the performance or results you may obtain by using UV-Packer. The entire risk arising out of use or performance of UV-Packer remains with you.
3D-IO GmbH gives no warranty, express or implied, that (i) UV-Packer will be of satisfactory quality, suitable for any particular purpose or for any particular use under specified conditions, notwithstanding that such purpose, use, or conditions may be known to the 3D-IO GmbH; or (ii) that UV-Packer will operate error free or without interruption or that any errors will be corrected.
LIMITATION OF LIABILITY In no event will 3D-IO GmbH be liable for any damages, claims or costs whatsoever or any consequential, indirect, incidental damages, or any lost profits or lost savings, even if the 3D-IO GmbH has been advised of the possibility of such loss, damages, claims or costs or for any claim by any third party.
NON-WAIVER If a portion of this agreement is held unenforceable, the remainder shall be valid. It means that if one section of the Agreement is not lawful, the rest of the Agreement is still in force. A party’s failure to exercise any right under this Agreement will not constitute a waiver of (a) any other terms or conditions of this Agreement, or (b) a right at any time thereafter to require exact and strict compliance with the terms of this Agreement.
TERMINATION
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to 3D-IO GmbH.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
GOVERNING LAW
The Licensee agrees that the UV-Packer is a “freeware item,” consisting of “freeware computer software” and “freeware computer software documentation” as applicable.
The UV-PACKER is a trademark licensed by 3D-IO GmbH.
This Agreement is governed by the laws of Germany, the State Hessen, without reference to any conflict of laws principles. Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction and venue of the courts in Wiesbaden, Germany.
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The above copyright notice and this permission notice shall be included in all copies of the UV-Packer Software.
THE UV-PACKED SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.