[ShapeLab Download Without Verification
Addison Mauldin
1.3. By downloading the Software from any source to your hardware device, you as an End User accept and agree to be bound by the provisions of these Terms of Use in their entirety. Partial acceptance of the Terms of Use is not possible. If the End User does not accept these Terms of Use in whole or in part, the End User may not install, run or use the Software.
1.4. These Terms of Use apply to Leopoly and the End User. For the purposes of these Terms of Use, an End User is any natural or legal person who downloads or stores the Software on his/her hardware device, installs or runs the Software, registers the Software in accordance with Section 3.3 or otherwise uses the Software.
1.5. If the End User downloads and/or uses the Software on behalf of a third party natural or legal person, the End User declares that, in such case, the End User is entering into the Agreement on behalf of such third party natural or legal person and the End User is entitled to represent such third party natural or legal person and to enter into the Agreement on its behalf. In such case, these Terms of Use shall also apply to such third party.
2.1. The Shapelab software, developed by Leopoly, is an intuitive design application using dynamic polygon mesh-based 3D modelling technology that provides a range of powerful tools for developing high-quality 3D models for both everyday users and professional 3D designers.
2.2. Subject to these Terms of Use, Leopoly shall provide to the End Users only the rights of use and any other services related to the Software as set forth in these Terms of Use, subject to the provisions of these Terms of Use. Leopoly does not provide any rights of use or services related to the Software not expressly provided for in these Terms of Use, in particular, it does not provide any system monitoring or maintenance (maintenance and support) services related to the Software.
3.1.2. In the case of downloading the Software through any point of sale, the legal relationship between the End User and the point of sale concerned shall be governed by the terms and conditions of the point of sale in force at the time. Leopoly excludes all liability in relation to any contract between the End User and the relevant point of sale, its contents, term, performance and termination, and in relation to the compliance of the relevant point of sale with the provisions of the contract between it and the End User or with these Terms of Use.
3.2.2. The End User shall use its best efforts to eliminate any abnormal environmental conditions, operational activities or other hazards that may be a threat to the operation of the Software.
3.3.1. Leopoly may, as a condition of use of the Software, require the End User to complete the registration process and create a user account on the following website: account.shapelabvr.com. Registration is always voluntary, however, if Leopoly requires registration as a condition of use of the Software, the Software cannot be used without registration and the creation of a user account. If Leopoly requires registration to use the Software, the registration process is governed by the following rules.
3.3.2. When registering and creating a user account, the End User is obliged to provide all the data indicated as mandatory, in accordance with the instructions provided in the registration interface, and is entitled to provide the data that are allowed to be recorded. The End User is required to provide real data during the registration. Leopoly may at any time verify the information provided by the End User during the registration and, if it has any doubt as to the accuracy of the information provided or if it becomes apparent that the End User intends to use the Software for unlawful purposes and in an unlawful or abusive manner in the future, Leopoly may refuse registration and the creation of a user account, delete the user account and suspend or prohibit the use or further use of the Software.
3.3.3. During the registration process, the End User shall provide an e-mail address that can be used for identification. When using the Software, the user account is identified by the e-mail address provided during the registration. One e-mail address can only be used to create one user account.
3.3.4. The End User acknowledges that he/she is solely responsible for maintaining the confidentiality of the e-mail address associated with the user account and for ensuring that the user account and the username and password required to access it are used only by the End User or persons authorized by the End User. Leopoly shall not be liable for any damages resulting from the unauthorized access to and use of the e-mail address associated with the user account, the use of the Software by unauthorized persons using the e-mail address associated with the user account, including, in particular, damages resulting from the loss or unauthorized use of the 3D models created by the End User. Leopoly does not have the ability or the obligation to verify that the username and password are being used by a person authorized by the End User.
3.3.5. The End User shall inform Leopoly immediately if it becomes aware that the identifiers necessary for the use of the Software have been made available or become known to an unauthorized third party. In this case, the End User shall change his/her username and/or password. The End User shall be solely liable for any damage resulting from any breach of the obligations under this clause, including in particular any damage resulting from the loss or unauthorized use of the 3D models created by the End User.
3.3.6. The End User shall declare during the Registration process that he/she has read, acknowledged and expressly accepts and agrees to be bound by the provisions of these Terms of Use and the Privacy Notice.
3.4.2. Updates offered by Leopoly to the End Users will be communicated to the End User via the Software, the additional services associated with the Software and/or the webshop (or other distribution platform). Installing software updates usually requires or may require an Internet connection and either enabling automatic updates or manually installing individual updates, or other steps as described in the information provided by Leopoly.
3.4.3. The End User is entitled to use the updates offered by Leopoly only if the End User is otherwise entitled to use the Software under these Terms of Use. The update shall be subject to the usage rights set out in these Terms of Use for the Software, unless Leopoly specifies different usage rights in relation to the update, in which case the latter terms of use shall prevail.
3.5.2. Leopoly may make the availability of certain features of the Software to the End Users subject to the payment of a fee. In this case, the End User acknowledges that the use of additional or enhanced features of the Software will result in an obligation to pay the fees set by Leopoly.
4.1.1. The copyright in the Software is owned in its entirety by Leopoly. Under these Terms of Use, Leopoly only grants the End User the right to use the Software (subject to the restrictions set forth in these Terms of Use) and does not expressly transfer the copyright to the End User. Leopoly does not transfer the source code or object code of the Software to the End User in any way, form or title.
4.1.2. Leopoly does not grant to the End User any rights of use not expressly stated in these Terms of Use, all other rights in the Software remain vested in Leopoly. Accordingly, Leopoly shall continue to own the copyright, design right, patent, trademark, know-how and trade secret, development, parameterization, translation and all other rights related to the Software, regardless of whether such rights have been officially registered or not.
4.1.4. Under these Terms of Use, Leopoly grants to the End User limited rights to use the Software, which does not include the transfer or assignment of the Software and the rights of use to third parties, the sale or lease of the Software or the rights of use in the course of trade. The rights of use belong exclusively to the End User, who is not entitled to transfer them to a third party or to grant a third party a further licence of use, either free of charge or for consideration, without the express prior written consent of Leopoly.
4.1.5. The right to use the Software does not extend to the reproduction of the Software and the distribution of reproduced copies, nor does it extend to the adaptation, editing, processing, communication to the public or public display of the Software. You may not copy, modify, adapt, edit, reverse engineer, translate, reverse engineer, reproduce or distribute the Software, or translate it into a programming language other than its original programming language, unless the applicable law permits any of these practices notwithstanding the express contractual prohibition in this section.
4.1.6. The End User is not entitled to use the Software in the course of providing services to third parties or otherwise for the benefit of third parties or for commercial or other gainful purposes.
4.1.7. Leopoly grants different levels of usage rights for the Software depending on the type of licence the End User wishes to use the Software under, as defined in these Terms of Use. The general rules set out in these Terms of Use apply to each type of licence, as well as the specific rules set out for each special type of licence.
4.1.8. Leopoly shall be entitled, but not obliged, to provide documentation to the End User in connection with the Software. If Leopoly makes documentation available in connection with the Software, it will publish it on its website. Leopoly owns the copyright in the Documentation and is subject to the terms of use for the Software set forth in these Terms of Use.
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