EULA
END USER LICENSE AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY
This End User License Agreement ("EULA") sets out the terms of use for Rhino Nature (the "App"). The application is a software developed by Przemysław Doliwa, ul. Brzask 21/1, 60-369 Poznań, Poland ("we") and distributed by us or by third parties designated by us. By using the App, you accept the EULA.
Accepting the EULA on behalf of a legal entity means a declaration of having the appropriate authorization to make declarations of will and to conclude contracts on behalf of that legal entity.
The EULA cannot be accepted by entities without legal capacity.
Installation or use of the App means that the user has read the EULA and the T&C and accepts their content in full and undertakes to strictly comply with them.
We may change the content of the EULA at any time by notifying it on the website https://rhinonature.com and additionally via emails sent to the email addresses provided by users. By continuing to use the App, you accept the changes made.
Violation of any of the provisions of the EULA will result in blocking access to the App and in pursuing claims.
Summary (TL;DR):
In order to use the App, you must purchase the selected License and activate the License Key. As a result, an agreement is concluded with us under the terms and conditions set out in the EULA and in the Terms & Conditions, that were accepted before using the App
The App is a plug-in for Rhinoceros. To use the App, you must have the current version of Rhinoceros and meet the appropriate hardware requirements.
Any questions regarding the EULA may be sent to us via email at: support@rhinonature.com
Ownership
All moral and proprietary intellectual property rights to the App are our property and under no circumstances will these rights be transferred to users, or will users be authorized to exercise these rights on our behalf.
Personal and property intellectual property rights are legally protected both on the basis of the domestic law of the Republic of Poland and the provisions of international law.
License
General provisions
Upon purchase of the License Key, we grant you a non-exclusive, non-transferable, limited, revocable license to use the App in accordance with the EULA. We reserve all rights not expressly granted to you. We are and remain the owner of all intellectual property rights in relation to the App. The purchase of a License and use of the App in no way transfers to you the proprietary intellectual property to the App or to any of its elements, including models and textures.
The App can be installed on the number of devices specified in the selected License:
Trial – a single-device License;
Single – a single-device License;
Indie – a License for two devices;
Volume – a License for multiple devices, in the amount specified in the order;
NFR – a License for multiple devices, in the amount agreed with us;
With the exception of the Trial version, the License is granted for an indefinite period.
We are entitled to withdraw the granted License by blocking the License Key with immediate effect and without prior notice in the event of non-compliance with the EULA or in the event that we are required to do so by law or a court order.
Using the App after the License has expired is prohibited.
You shall use the App in accordance with applicable laws and the Terms and shall not:
Use the Trial License on any device where the trial period was previously used and expired;
Rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License Key or the App;
Use the App for any unlawful or illegal activity, or to facilitate such activity;
Delete or alter any disclaimers, warnings, copyright or other proprietary notices related to the App;
Copy, adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code, modify or create derivative works of the App and the License Key or any parts thereof, except to the extent permitted by applicable law;
Use the App in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of any person or entity, or that violates any applicable law;
Use the App for any purpose that is to our detriment or commercial disadvantage, including, but not limited to, developing a competing software product or service; - under pain of incurring legal consequences.
We may modify the App at any time at our sole discretion and without notice to you, for example to comply with applicable law or a court order, to avoid third party infringement claim or to provide updates and upgrades.
Violation of the terms of the EULA results in the termination of the agreement, blocking access to the App and pursuing claims for damages.
Provisions for specific types of License
Trial License
It is a non-commercial License, which means that it cannot be used for profit and other commercial purposes;
It is a time-limited License (15 days);
Single License
It is a commercial License, which means that it can be used for commercial purposes;
It can be used on a maximum of one device;
Indie License
It is a commercial License, which means that it can be used for commercial purposes;
It can be used on a maximum of two devices, but not simultaneously;
It may be used only by entities whose income from gainful activity does not exceed USD 100,000.00 in the tax year;
Volume License
It is a commercial License, which means that it can be used for commercial purposes;
It can be used on multiple devices at the same time (the number of devices depends on the size of the License);
Not for Resale („NFR”) License
It is a non-commercial License, which means that it cannot be used for profit and other commercial purposes, unless we give consent to the commercial use in writing under pain of nullity;
It is a License designed to test the App and is granted only at our discretion, upon a justified request, based on the agreement between us.
Disclaimers and limitations of liability
You use the App at your own risk, and you bear all risk of its quality, performance, and accuracy. By installing and using the App, the user declares the use of it at their own risk. The App is a product provided by us as is, without warranty of any kind, express or implied, and you accept it in its entirety. In particular, the guarantee of the suitability of the App for a specific purpose is excluded, and the user has no right to demand any changes to the App or adapt the App to the individual needs of the user. No oral or written advice given by us, our distributors, agents, or employees, constitutes a warranty or in any way extends the scope of a warranty. We reserve the right to suspend further development and operation of the App at any time.
Liability of ours and of all third parties who participated in the creation, production, or delivery of the App, for any damage that may result from the App or from the EULA or in any way related to them, in each case is limited to willful misconduct and a maximum of up to an amount equal to the price paid for the given License.
We and any third party who have been involved in the creation, production, or delivery of the App, are under no circumstances liable for indirect damages (including loss of profits, business interruption, data loss, etc. resulting from use or inability to use the App).
Use of data
We may periodically collect and use anonymous technical data and related data regarding the use of the App, including, but not limited to, the frequency of use of particular features. This data cannot be used to identify individuals or entities. This data may be used by us to facilitate the maintenance and technical support of the App, as well as to improve our products and offer you better services and technologies.
If the device on which the App is installed has an Internet connection, we may verify the integrity and compliance with the License on that device, and identify the device by its unique ID. This data cannot be used to identify individuals or entities.
In the event of a breach of the EULA or the T&C, we may process users' personal data, such as the IP address and other data determined on the basis of the IP address, in order to identify the infringer and to exercise our rights related to the infringement.
Governing law and disputes
The EULA is applied and interpreted in accordance with Polish law, and any disputes arising therefrom will be settled by a competent court in Poland. The user expressly acknowledges the exclusive jurisdiction of the courts in Poland and that all disputes will be resolved exclusively in Poland with the application of Polish law.