END-USER LICENSE AGREEMENT FOR DYNASCAPE SKETCH3D (DS|SKETCH3D)

IMPORTANT – PLEASE READ CAREFULLY:

THIS END-USER LICENSE AGREEMENT (HEREINAFTER ALSO REFERRED TO AS "EULA") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND DYNASCAPE SOFTWARE INC (HEREINAFTER ALSO REFERRED TO AS "DYNASCAPE"). THIS EULA GOVERNS YOUR RIGHTS TO USE DYNASCAPE SKETCH3D (ALSO KNOWN AS DS|SKETCH3D) AND ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION IMAGES, TEXTURES, 2D MODELS, 3D MODELS, AND PLUGINS AVAILABLE FOR DOWNLOAD FROM THE DYNASCAPE WEBSITE OR ITS ASSOCIATE WEBSITES, TOGETHER WITH ALL UPDATES, UPGRADES AND ENHANCEMENTS PROVIDED TO YOU (HEREINAFTER ALSO COLLECTIVELY REFERRED TO AS "PRODUCT").

BY PURCHASING A PRODUCT LICENSE OR BY PURCHASING A SUBSCRIPTION RENEWAL AND/OR BY DOWNLOADING, INSTALLING AND USING THE PRODUCT, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THIS EULA AND YOU EXPRESSLY AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS EULA.

IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS EULA, DYNASCAPE IS UNWILLING TO LICENSE THE PRODUCT TO YOU, AND YOU ARE NOT PERMITTED TO PURCHASE A PRODUCT LICENSE OR A SUBSCRIPTION RENEWAL, YOU ARE NOT PERMITTED TO DOWNLOAD, INSTALL AND USE THE PRODUCT, AND YOU MUST REMOVE THE PRODUCT FROM YOUR COMPUTER AND DESTROY ALL COPIES YOU HOLD OF THE PRODUCT AND DERIVATIVE WORKS IMMEDIATELY.

LICENSE GRANT

DynaSCAPE grants you a personal, limited, non-exclusive, non-transferable License to use the Product. DynaSCAPE reserves all other rights. The Product is licensed, not sold, to you by DynaSCAPE.

DOWNLOADS, UPDATES, AND SUBSCRIPTION RENEWAL

Your rights to use the Software, to access DynaSCAPE’s Support Services, and to receive updates requires that a Valid Account and Subscription be maintained. DynaSCAPE has a strict policy insuring that the Software operates only on licensed computers and that only licensed computers receive updates and maintenance services. Users who do not maintain a valid account will not have access to or use of:
   i.    The Software and related Services and Modules.
   ii.    Support services by phone or email or by any other means.
   iii.    Product updates or upgrades.
   iv.    The DynaSCAPE Content (text, articles, online plant images, textures, 2D Models, 3D Models, and Plugins as applicable to the selected software, services, and modules).
Upon your acceptance of this Agreement, and to the ongoing payment of subscription fees, DynaSCAPE hereby grants the User a non-exclusive and non-transferable right to use the Software and related Services, Modules, and Content.

For the duration of your License, you are entitled to log in to the DynaSCAPE website by entering your DynaSCAPE account information (username and password) and download a currently available version of the Product and any updates, including without limitation new 2D and 3D models, new textures, new plugins, and new versions of plugins.

When your License expires, you will lose access to downloads and updates. You can renew your License each subsequent year by purchasing a License Renewal. If you decide not to renew your subscription, you are agreeing to terminate this License Agreement. Upon termination, you shall remove the Product from your computer and destroy all copies you hold of the Product and derivative works immediately.

You shall not disclose your DynaSCAPE account information (username and password) to a third party or allow a third party to use your DynaSCAPE account information to access downloads. You shall not use anyone else’s username and password.

RESTRICTIONS ON DOWNLOADS

You may download each Product item up to 10 times. Upon your attempt to download an item for the 11^th time, your DynaSCAPE account will be deactivated, preventing you from any further downloading. Your DynaSCAPE account may be reactivated by DynaSCAPE, at our sole discretion if it can be determined that this License Agreement has not otherwise been violated. To discuss reactivation of an account, contact DynaSCAPE.

PRODUCT DELIVERY

The Product and related documentation are delivered electronically only. You can download the Product from the DynaSCAPE website. You shall set up the Internet connection required for download and bear the costs of using the Internet connection that is required to retrieve the download.

The Product and related documentation are not supplied in physical form and there is no obligation to do so. Only the current versions of the Product will be available and accessible only for the duration of your License.

SUPPORT

For the duration of your Product License, DynaSCAPE provides you with personal, non-transferable access to Support via email and by phone, in accordance with the current Support Policy at the time of the support request. Third-party applications are not supported beyond our Product; including but not limited to SketchUp for which we only support our Product plugins. Contact the appropriate vendor for support of third-party applications.

Support inquiries that result from proven errors in the Product will not be subject to a full or partial refund. If the resolution provided does not meet your approval, DynaSCAPE is under no obligation to provide an alternate resolution.

You can renew your access to Support each subsequent year by purchasing a License Renewal.

PERMITTED USE

The Product is a collection of plugins and content for 3D modeling in SketchUp. You are authorized to use the Product to build your designs in 3D, for both non-commercial and commercial purposes.

You may export your 3D designs as images, create walk through videos, develop renderings, and distribute your presentations in a printed or electronic form.

RESTRICTIONS ON USE

NO DISTRIBUTION AND RESALE:

You may not distribute, transfer, publish, or otherwise make publicly available the Product or any part of the Product or any derivative works, either separately or as a part of a larger product, to a third party.

You may not upload or store the Product or any part of the Product or any derivative works, either separately or as a part of a larger product, to and in intranets, the World Wide Web, or any other place where it can be accessed by a third party, including but not limited to SketchUp 3D Warehouse.

You may not sell, rent, lease, or sublicense the Product or any part of the Product or any derivative works, either separately or as a part of a larger product, to a third party.

You may not distribute, transfer, publish, sell, rent, lease, or otherwise make publicly available any products from which any original content delivered with the Product (including without limitation original images, textures, 2D models, 3D models, plugins or any parts thereof) or any derivative content created from original content could be extracted by a third party.

NO REVERSE ENGINEERING:

You may not decompile, reverse engineer, disassemble, or otherwise reduce plugins delivered with the Product to a human perceivable form.

You may not extract images from original 2D models, 3D models and textures delivered with the Product.

You may not extract images from derivative 2D models, 3D models and textures created from original content delivered with the Product.

You may not use the Product in such a way that any original content delivered with the Product, (including without limitation original images, textures, 2D models, 3D models, plugins or any parts thereof) or any derivative content created from original content could be extracted by a third party.

MODIFICATIONS AND DERIVATIVE WORKS:

You may not modify, alter, merge, adapt or translate the Product or any part of the Product, except for its pieces that this EULA explicitly mentions to be subject to modification or customization.

You may modify original images, textures, 2D models and 3D models delivered with the Product and create derivative images, textures, 2D models and 3D models from original content delivered with the Product, provided that the original Product files, original content or any part thereof remain protected from being extracted from the derivative work by a third party.

EXPORT:

You may export original 2D models and 3D models delivered with the Product or any parts thereof to any other format for personal use only.

You may export any derivative 2D models and 3D models created from original content delivered with the Product or any parts thereof to any other format for personal use only.

COPIES:

You may install and use a single copy of the Product on a single computer. You may also make and use a second copy of the Product on a home or portable computer, provided that only you use the Product.

You may make more copies of the Product or any part of the Product for personal backup purposes only.

INTELLECTUAL PROPERTY

The Product and any copies of the Product that you are authorized by DynaSCAPE to make are the intellectual property of and are owned by DynaSCAPE. The Product is protected by copyright laws, including without limitation the Copyright Act of Canada, international treaty provisions, and applicable copyright laws in the country in which the Product is being used.

You may not brand the Product or any part of the Product as your own or declare your own copyright on the Product or any part of the Product. You shall take no actions which adversely affect DynaSCAPE’s intellectual property rights in the Product.

Any derivative works that you create from original content delivered with the Product (including without limitation (i) derivative images, textures and models that contain original images, textures, models or that contain any original parts thereof (ii) modified versions of original images, textures and models, or any modified parts thereof, and (iii) derivative images, textures and models that contain modified versions of original images, textures and models or that contain any modified parts thereof) shall be intellectual property of DynaSCAPE since they are derived from, based on and/or contain the original Product or a part of the original Product, which is intellectual property of DynaSCAPE.

Designs, scenes, and renderings that are created by you in SketchUp via your utilization of the Product, in accordance with its documentation and the terms and conditions of this EULA, are your intellectual property.

TRADEMARKS

DynaSCAPE Sketch3D, DS|Sketch3D, DynaSCAPE logo, DynaSCAPE Sketch3D logo and other DynaSCAPE product names, service names and logos are trademarks of DynaSCAPE Software Inc.

SketchUp and SketchUp 3D Warehouse are trademarks of Trimble Inc. Other company names, logos, service names and product names are trademarks of their respective owners.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOU USE THE PRODUCT AT YOUR OWN RISK. THE PRODUCT IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. DYNASCAPE PROVIDES NO WARRANTIES FOR THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DYNASCAPE DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND SATISFACTORY QUALITY. DYNASCAPE DOES NOT WARRANT THAT THE PRODUCT IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION OR THAT ANY ERRORS IN THE PRODUCT WILL BE CORRECTED. DYNASCAPE MAKES NO WARRANTY THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND ADEQUACY OF THE PRODUCT FOR YOUR INTENDED USE.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DYNASCAPE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF DYNASCAPE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL DYNASCAPE’S AGGREGATE LIABILITY UNDER THESE TERMS EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCT. THESE LIMITATIONS SHALL NOT APPLY WHERE EXPRESSLY PROHIBITED BY LAW.

INDEMNITY

You agree to indemnify and hold DynaSCAPE and its subsidiaries, affiliates, employees, partners, and licensors harmless from any claim, demand, obligations, or expenses, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Product, your violation of the EULA, or your violation of any rights of a third party.

CHANGES TO THE EULA

DynaSCAPE reserves the right to change the terms and conditions of this EULA at any time, at its sole discretion, with or without prior notice. Changes to the EULA will be announced on the DynaSCAPE website. Failure to receive notification of a change does not make those changes invalid. A current copy of this EULA will be available on the DynaSCAPE website.

GOVERNING LAW

This EULA shall be governed by the laws of Ontario, Canada and shall be subject to the jurisdiction of the courts of Ontario, Canada.

NO WAIVER

The failure of DynaSCAPE to exercise any right under the EULA or enforce any provision of the EULA shall not constitute a waiver of such right or provision.

SEVERABILITY

If any provision of this EULA is found by the court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this EULA shall remain in full force and effect.

TERMINATION

Without prejudice to any other rights, DynaSCAPE may terminate this EULA or your rights under this EULA at any time if you breach any of its terms and conditions. Upon termination, you shall remove the Product from your computer and destroy all copies you hold of the Product and derivative works immediately.

You may terminate this EULA at any time by removing the Product from your computer and destroying all copies you hold of the Product and derivative works.

The rights and obligations of the parties set forth in Sections "Intellectual Property", "Trademarks", "Disclaimer of Warranties", "Limitation of Liability", "Indemnity", "Termination", "No Refund" and "Entire Agreement" shall survive termination of this EULA for any reason.

NO REFUND

All sales are final. No refund shall be provided.

ENTIRE AGREEMENT

This EULA constitutes the entire agreement between you and DynaSCAPE relating to the subject matter covered and supersedes any previous EULAs, agreements, arrangements, undertakings, or proposals, written or oral, between you and DynaSCAPE in relation to the subject matter.

CONTACT INFORMATION

Canada - Head Office
DynaSCAPE Software Inc.
2660 Sherwood Heights Drive, Unit 104
Oakville, ON, L6J 7Y8
Phone: 1.800.710.1900
Fax: 1.289.812.4544

Product Page: https://sketch3d.dynascape.com

Last updated on June 6, 2013