End-User License Agreement for Cuboid

Last updated: May 3, 2023

This End-User License Agreement (the “Agreement”) is a legally binding agreement between the following parties:

(a) "ShapeReality" (“we”, “us”) means the company ShapeReality, Hagenkampweg Noord 80, 5616TB Eindhoven, the Netherlands with chamber of commerce registration number 80261213.

(b) “You” means the final and ultimate user of the Software or the authorised representative of a company or other legal entity that will be the final and ultimate user of the Software, and the company or other legal entity that will be the final and ultimate user of the Software, if applicable.

PLEASE READ THIS LICENSE CAREFULLY.

IF YOU DO NOT ACCEPT THE TERMS OF THIS LICENSE, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.

BY DOWNLOADING, INSTALLING, COPYING, SAVING OR OTHERWISE USING THE SOFTWARE YOU AGREE TO BE BOUND BY THIS LICENSE.

1. Definitions

1.1 For the purposes of this Agreement, words below shall have the meanings defined in this clause, unless the context requires otherwise:

  • "Software" means the software Cuboid as accessed through the Application Store, the associated media, any printed materials, manuals, any online or electronic documentation, and any and all copies of such software and materials, including any Updates.
  • "Third-Party Software" means any third party software that are owned and licensed pursuant to Section 5 of this Agreement by parties other than ShapeReality and that are either integrated with or made part of the Software.
  • "Application Store" means the digital distribution service operated and developed by Meta Platforms Inc. (Meta Quest Store or Oculus Store) in which the Software has been downloaded or accessed.
  • "Updates" means any modified versions and updates of, and additions to the Software (excluding upgrades of the Software)

2. License

2.1 You are licensed to use the Software as expressly set out in this License from Your first use of the Software until termination of this License. No rights in the Software are sold to You; Your right is solely to use the Software within the terms of this License. All rights not expressly granted to You are reserved to ShapeReality.

2.2 The License granted to You is limited right, non-transferable and non-exclusive. Except to the extent any rights cannot be excluded by law, You are permitted to: download, install and use for personal use, one (1) copy of the Software on each supported device that You personally own or control. Commercial use is permitted but only by You and not by any other users of any devices that You own or control. If anyone other than Yourself needs to make commercial use of the Software, the other user will need to make a separate purchase.

2.3 You are responsible for ensuring Your device meets the recommended hardware requirements for the Software.

2.4 None of the provisions of this Agreement allows to use the License in concurrent (floating) mode.

3. Restrictions on use

3.1 IT IS NOT ALLOWED to:

  • (i) modify, alter, amend, fix, translate, enhance or otherwise create derivative works of the Software;
  • (ii) reverse engineer, disassemble or decompile of any portion of the Software;
  • (iii) remove, disable, or otherwise create or implement any workaround to, any security features contained in the Software;
  • (iv) remove, delete or alter any trademarks, copyright notices or other intellectual property rights notices of ShapeReality or its licensors, if any, from the Software;
  • (v) copy the Software, in whole or in part, except as provided herein;
  • (vi) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make the Software available to any third party for any reason;
  • (vii) use the Software in violation of any applicable law, regulation or rule;
  • (viii) use the Software in any other manner or for any other purpose or application not expressly permitted by ShapeReality

3.2 You will not, nor allow anyone else, to use the Software to:

  • (i) Commit any crime or violate any laws.
  • (ii) Breach the rights of any person (including, but not limited to rights of privacy and intellectual property rights).
  • (iii) Transmit, distribute, link or otherwise make available, advertise or promote any content that is defamatory or in breach of any contractual duty or any obligation of confidence, is obscene, sexually explicit, threatening, abusive, harassing, inciteful of violence or hatred, blasphemous, discriminatory on any ground, liable to cause anxiety, alarm or embarrassment, knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable;

3.3 You do not have a right to make archival or other copies of the Software, in whole or in part;

3.4 ShapeReality may modify the Software at any time at its sole discretion and without notice to You, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates and upgrades.

4. Intellectual property and ownership

4.1 ShapeReality shall at all times retain ownership of the Software as originally downloaded by You and all subsequent downloads of the Software by You. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of ShapeReality.

4.2 Any provisions in this Agreement are not and cannot be considered as a transfer of exclusive rights for intellectual property of the Software. All intellectual property rights over and in respect of the Software are owned by ShapeReality. You do not acquire any exclusive rights of ownership in the Software under this Agreement.

5. Third party notice

5.1 You agree to comply with the terms and conditions contained in Third-Party Software licenses with respect to the applicable Third-Party Software available at Third-party acknowledgements.

5.2 You agree and acknowledge that Sections 7 and 8 of this Agreement shall also govern Your use of the Third-Party Software. ShapeReality will have no responsibility with respect to any Third-Party Software, and You will look solely to the licensor(s) of the Third-Party Software for any remedy. ShapeReality claims no right in the Third-Party Software, and the same is owned exclusively by the licensor(s) of the Third-Party Software.

5.3 SHAPEREALITY PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO ANY THIRD-PARTY SOFTWARE.

6. Maintenance and support

6.1 ShapeReality will notify You of any available Updates and upgrades.

6.2 You may need to pay an additional fee in order to be able to download an upgrade.

6.3 You can download available Updates and upgrades from the website of ShapeReality or from the applicable Application Store.

6.4 Any maintenance and support provided by ShapeReality, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, subject to availability of personnel.

6.5 The terms of this Agreement will govern any Updates.

7. Disclaimer of warranties

7.1 THE SOFTWARE IS PROVIDED “AS IS” AND SHAPEREALITY, TO THE EXTENT PERMISSIBLE BY LAW, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, ASSOCIATED MEDIA, DOCUMENTATION AND ANY OTHER MATERIALS AND SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, SHAPEREALITY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARES, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSIVELY SET FORTH IN THE DOCUMENTATION), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE.

8. Limitation of liability

8.1 To the maximum extent permitted by applicable law, ShapeReality will in no way be liable to You or any third party for any loss or damage, whether caused through negligence or any other way, which may be directly or indirectly suffered in connection with any use of the Software.

8.2 Any liability we do have for losses You suffer is strictly limited to losses that were reasonably foreseeable and shall not, in aggregate, exceed the charges payable by You for the Software in the Application Store.

8.3 The limitations of liability referred to in Clause 8.1 and Clause 8.2 shall not apply in the event that: (i) any negligence on the part of ShapeReality lead to death or physical injury or (ii) damages arise from the intent, wilful misconduct or gross negligence of ShapeReality or the management of ShapeReality.

8.4 ShapeReality does not warrant that the Software will function in any environment.

9. Indemnity

9.1 You agree to indemnify, defend and hold harmless ShapeReality, its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses including, but not limited to, legal and accounting fees, arising directly or indirectly from Your acts or omissions in connection with using the Software or any breach by You of the terms of this Agreement.

10. Termination of license

10.1 This Agreement is effective from the date You first download, install and use the Software, and shall continue until terminated.

10.2 The Agreement will be terminated automatically once You uninstall and stop using the Software (including its supplementary materials and documentation) in its entirety.

10.3 ShapeReality is entitled to terminate this Agreement at any time with immediate effect and without prior notice in the event You fail to comply with the terms in this Agreement, or in the event ShapeReality is required to do so by law or an order of an applicable court.

10.4 Upon such termination, the License granted by this Agreement will immediately terminate and You agree to stop all access and use of the Software.

10.5 You acknowledge that the provisions of this Agreement, which by their nature are intended to survive termination, will remain in effect after termination of this Agreement.

11. Dispute resolution

11.1 This Agreement shall be governed by and construed in accordance with the laws of the Netherlands, excluding its conflicts of law rules.

11.2 Any dispute between ShapeReality and You shall exclusively be submitted to the competent court in The Hague, The Netherlands.

Contact

You can reach out to us for feedback, support, questions concerning this Agreement or the License, or any general inquiry via contact@shapereality.io or by visiting the Support page.