End User License Agreement for VR Tourviewer Software

Please read this End User License Agreement (“EULA”) before You purchase a License Key for the Software and subsequently download and use the Software.
By purchasing a License Key and/or downloading and using the Software, You agree, without reservation, to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not purchase a License Key and/or download and use the Software.
If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.
You may not accept this EULA if You are not of legal age to form a binding contract with 3DV.

1. Definitions

1.1 – In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:
• “Activate” turning the Trial or Beta version into the Full version of the same application with the License Key provided by 3DV;
• “3DV” 3DV, Patricierslaan 72, 3824 CD Amersfoort, the Netherlands: (KVK) 08090185. VAT number: NL193317783B01;
• “Documentation” the detailed information about the Software, its features and the system requirements as made available on the website of 3DV, as amended from time to time;
• “License Key” a unique code provided by 3DV, which enables You to activate the Trial version or Full version by entering the code into the Software and to subsequently use the Software during the applicable license term. For Android software that uses the Samsung Gear VR headset, the License Key doesn’t have to be entered into the software, the software will automatically be activated when the software connects to the VR Tourviewer server;
• “Full version” the license for the Software for the term specified on the webpage of the store where You purchase the license, or in any applicable agreement concerning the purchase of the license (as stand-alone product or as part of a subscription) to Use the Software;
• “Software” any software application and/or all of the contents of the files and/or other media, including software setup files, licensed to You by 3DV, including any Updates;
• “Trial version” the license for the Software to Use the Software for the sole purpose of testing and evaluating the Software. A beta version of the Software is also considered to be a Trial version;
• “Updates” any modified versions and updates of, and additions to the Software (excluding upgrades of the Software);
• “Use” the access, download, install, copy or get benefit from using the Software in accordance with the documentation.
• “You” you, the final and ultimate user of the Software or the authorized 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.
General
1.2 – This EULA applies to any licenses granted to You by 3DV for the use of the Software.
1.3 – By purchasing a License Key for the Software and/or downloading and using the Software, You enter into this EULA with 3DV.
1.4 – This EULA may be modified from time to time. 3DV will notify you of such modifications on its website or otherwise, e.g. by using the email address used for the provision of the License Key. Any modifications to this EULA shall only apply upon acceptance by You.

2. License

2.1 – 3DV grants You a non-exclusive, non-transferable, limited, revocable license to Use the Software in accordance with this EULA. 3DV reserves all rights not expressly granted to You.
2.2 – 3DV is and remains the owner of any intellectual property rights with respect to the Software. You shall not acquire any ownership to the Software as result of Your purchase of the License Key or Your Use of the Software.

3. Permitted use and restrictions

3.1 – In order to be able to install and Activate the Software and receive Updates and upgrades, Your device shall have access to the Internet and shall meet the system requirements described in the Documentation that can be found on the webpage: https://sketchapp.com/updates/.
3.2 – You may Use the Software on one device only, unless You have purchased (a) a volume license or (b) more than one Full version or Trial/Beta version. In the event You have purchased a volume license or more than one Full version or Trial version, the number of devices You may Use the Software on shall not exceed the number of the Full version or Trial version purchased. If You exceed the limit, 3DV may block the License Key.
3.3 – You shall Use the Full version or Trial version in accordance with applicable laws and shall not:
a. Use the Trial version on any system where the Trial version was previously Used and expired;
b. rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License Key, the Full version or the Trial version;
c. assign the License Key, the Full version or the Trial version without prior written approval of 3DV;
d. Use the Full version or Trial version for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
e. delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Software; or
f. copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Software and the License Key or any parts thereof, except to the extent permitted by applicable law.
3.4 – 3DV 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. Maintenance and support

4.1 – 3DV will notify You of any available Updates and upgrades.
4.2 – You will be entitled to receive Updates free of charge during a period of twelve (12) months upon purchasing the License Key for the Full version. In order to receive Updates after this twelve months’ period, You will need to renew your License Key for the Full version.
4.3 – You may need to pay an additional fee in order to be able to download an upgrade.
4.4 – Any maintenance and support provided by 3DV, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty (‘garantie’), as soon as reasonably practicable, subject to availability of personnel.

5. Use of data

5.1 – 3DV and its subsidiaries may periodically collect and use technical and related data concerning the Software You have licensed, including about the version number of the Software You have installed and about the system You have installed the Software on. 3DV will use such data to facilitate maintenance and support with respect to the Software, to improve its products and to provide further services or technologies to You.
5.2 – 3DV may process personal data with respect to You, if and to the extent necessary to provide the License Key, to provide maintenance and support to You with respect to the Software and to comply with its obligations under this EULA. To the extent 3DV will process personal data, it will comply with its obligations under applicable data protection law. Please see our privacy statement for more details on the processing of Your personal data that 3DV has collected and received through its website.

6. Disclaimer

6.1 – You Use the Software at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.
6.2 – The Software and accompanying documentation are provided on an “as is” and “as available” basis without warranty – express or implied- of any kind, and 3DV specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by 3DV, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.

7. Liability limitation

7.1 -The liability of 3DV and any third party that has been involved in the creation, production, or delivery of the Software for all damages arising out of or in any way relating to the License version, the Trial version, the License Key, the Software and/or this EULA shall in no event exceed the total amount of € 50.
7.2 – 3DV and any third party that has been involved in the creation, production, or delivery of the Software are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the Software).
7.3 – The limitations of liability referred to in clause 7.1 and 7.2 shall not apply in the event that: (i) any negligence on the part of 3DV leads to death or physical injury or (ii) damages arise from the intent, wilful misconduct or gross negligence of 3DV or the management of 3DV.

8. Termination

8.1 – This EULA will continue to be in force until the expiry or termination of the Full version or Trial version.
8.2 – The Full version or Trial version will terminate automatically at the end of the applicable license term, unless renewed or Activated prior to the end of the applicable license term.
8.3 – 3DV is entitled to terminate the Full version or Trial version by blocking the License Key during the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA, in the event You fail to pay Your (subscription) fee for the License Key within the applicable payment term, or in the event 3DV is required to do so by law or an order of an applicable court.
8.4 – Upon termination of the Full version or Trial version, You shall cease all use of the Software and shall destroy all copies thereof.
8.5 – You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.

9. Governing law and disputes

9.1 – This EULA shall be governed by and construed in accordance with the laws of the Netherlands, excluding its conflicts of law rules.
9.2 – Any dispute between 3DV and You shall exclusively be submitted to the competent court in The Hague, the Netherlands.