Metashape Eula
Metashape Eula
IMPORTANT! PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY
BEFORE CONTINUING WITH THIS PROGRAM INSTALLATION:
AgiSoft End-User License Agreement (”EULA”) is a legal agreement between you (either an individual or a legal entity)
and AgiSoft LLC (referred to as “LISENSOR”) for the AgiSoft’s proprietary computer program (identified above) and
related documentation, printed materials and/or “online” or electronic documentation, (this program and documentation,
as well as any updates which may at LICENSOR’S sole discretion be provided to you from time to time, are referred to
in this EULA as “PROGRAM”). By installing, copying, or otherwise using the PROGRAM, you agree to be bound by
the terms of this EULA. This EULA represents the entire agreement concerning the PROGRAM between you and
AgiSoft LLC, and it supersedes any prior proposal, representation, or understanding between the parties. If you do not
agree to the terms of this EULA, do not install and/or use the PROGRAM.
1. GRANT OF LICENSE
LICENSOR hereby grants you a non-exclusive, non-transferable right to install and use the PROGRAM: (a) worldwide,
(b) during the term of the license in compliance with your license type, (c) within the license scope relevant to your
license type, (d) subject to the terms and conditions of this EULA.
2. LICENSE TYPES
Rehostable node-locked licenses are tied to the computer hardware, but can be transferred to another computer if needed.
If you are to transfer the license, replace major system components or reinstall operating system, you should deactivate
the PROGRAM first and then activate it on the new/renewed system.
With a Node-Locked License LICENSOR grants you a non-exclusive, non-transferable right to install and use the
PROGRAM: (a) worldwide; (b) during a non-limited period of time unless otherwise indicated by LICENSOR on
providing the license key; the term of the license mentioned above can be terminated on conditions stated in the Section
9 of this EULA; (c) for commercial and non-commercial purposes; (d) subject to the terms and conditions of this EULA.
You may activate the PROGRAM on only one device at a time and use it in executable form only.
With a Node-Locked Educational License LICENSOR grants you a non-exclusive, non-transferable right to install and
use the PROGRAM: (a) worldwide; (b) during a non-limited period of time unless otherwise indicated by LICENSOR
on providing the license key; the term of the license mentioned above can be terminated on conditions stated in the
Section 9 of this EULA; (c) for educational and research purposes; the PROGRAM, executed under educational license,
including any materials created with the help of it shall not be used for commercial purposes; (d) subject to the terms and
conditions of this EULA. You may activate the PROGRAM on only one device at a time and use it in executable form
only.
With a Node-Locked Trial License LICENSOR grants you a non-exclusive, non-transferable right to install and use the
PROGRAM: (a) worldwide; (b) during 30 (thirty) days after the first activation of the PROGRAM with the trial license
key; the term of the license mentioned above can be terminated on conditions stated in the Section 9 of this EULA; (c)
for evaluation purposes; the PROGRAM, executed under trial license, including any materials created with the help of it
shall not be used for commercial purposes; (d) subject to the terms and conditions of this EULA. You may activate the
PROGRAM on only one device and use it in executable form only.
The PROGRAM can be used in demo mode without any license key. With a Demo License LICENSOR grants you a
non-exclusive, non-transferable right to install and use the PROGRAM: (a) worldwide; (b) during a non-limited period
of time unless otherwise stated in a EULA for any subsequent version of the PROGRAM; (c) according to the restricted
functionality as defined for the demo mode; the PROGRAM, executed under Demo license, including any materials
created with the help of it shall not be used for commercial purposes; (d) subject to the terms and conditions of this
EULA. You may use the PROGRAM in executable form only.
You may not alter, remove, or obscure any copyright, trade secret, patent, trademark, logo, proprietary and/or other legal
notices on or in copies of the PROGRAM.
The PROGRAM contains Qt library licensed under the GNU Lesser General Public License version 3. Under the terms
of the GNU LGPLv3 you may reverse engineer those portions of the PROGRAM that link with and utilize Qt, but only
to the extent needed for the purpose of debugging your modifications to Qt. You may not decompile, disassemble,
reverse engineer, or otherwise attempt to gain access to its methods of operation or to derive the source code of the
PROGRAM for any other purpose.
(c) No Transfer
You may not redistribute, encumber, sell, rent, lease, sublicense, assign or otherwise transfer your rights in the
PROGRAM, nor transfer license key information to any third party.
You may not make the PROGRAM available to third parties via the Internet on your computer system or otherwise,
including, without limitation, use in connection with a web hosting or similar service.
You may not use the PROGRAM in any kind of automated processing service, irrespectively of how many components
comprise the service.
If you use virtualization software, including without limitation client hyper-v, to create one or more virtual computers on
a single computer hardware system, each virtual computer, and the physical computer, is considered a separate computer
for purposes of this EULA. If you want to use the PROGRAM on more than one virtual computer, you must obtain
separate copies of the PROGRAM and a separate license for each copy.
All title, including but not limited to copyright, in and to the PROGRAM and any copies thereof are owned by AgiSoft
LLC. This EULA grants you no title or ownership rights in the PROGRAM.
5. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
(a) THE PROGRAM IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY,
NONINFRINGMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT
OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. LICENSOR MAKES NO WARRANTIES
RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS,
WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. LICENSOR FURTHER
EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO AUTHORIZED USERS OR TO ANY
THIRD PARTY.
(b) LICENSOR shall not be liable for special, indirect, incidental, consequential (including , but not limited to, lost profit
or the loss of data or information of any kind, however caused, or failure of any licensed software to work or perform in
any way) or other damages based in contract, tort or otherwise with respect to any claim on account of or arising from
this EULA or use of or inability to use the PROGRAM, even if LICENSOR has been or is hereafter advised of the
possibility of such damages. In no event total liability hereunder shall exceed the amount paid by you for this license.
LICENSOR does not indemnify you in any way against anything.
6. SUPPORT SERVICES
LICENSOR provides you with e-mail based support for a period of 12 months after the first activation of the
PROGRAM with a duly acquired license key, provided that the license key term has not expired, nor has the license been
terminated by the date of the support request. Any supplemental software code provided to you as part of the support
services shall be considered part of the PROGRAM and subject to the terms and conditions of this EULA, unless
otherwise agreed in writing by the parties.
7. UPDATES
You are also granted rights to use any updates of the PROGRAM versions 1.x.x and 2.x.x, which LICENSOR makes
generally available for download, free of charge. The current EULA shall not entitle you to updates to later versions of
the PROGRAM (e.g., versions 3.x.x or later) nor to upgrades to separate products.
8. FEEDBACK
It is not obligatory for you to provide LICENSOR with any comments, suggestions or other feedback (”Feedback”) about
the PROGRAM. However, if the Feedback is provided by you, LICENSOR gets the right to use the Feedback to improve
the PROGRAM. In order to support this right of the LICENSOR, with this EULA you grant to LICENSOR a non-
exclusive, worldwide, irrevocable, perpetual, royalty-free license to, directly or indirectly, use, reproduce, license,
sublicense, distribute, make, have made, sell and otherwise commercialize the Feedback in the PROGRAM or other
LICENSOR’s products and technologies. You further agree NOT to provide any Feedback that (a) you know is subject
to any Intellectual Property Rights of any third party or (b) is subject to license terms which seek to require any products
incorporating or derived from such Feedback, or other LICENSOR’s intellectual property, to be licensed to or otherwise
shared with any third party.
9. TERMINATION
If you at any time fail to abide by the terms of this EULA, LICENSOR shall have the right to immediately terminate the
license (right to use the PROGRAM) granted herein, require the return or destruction of all copies of the PROGRAM
from you and certification in writing as to such return or destruction, and pursue any other legal or equitable remedies
available.