This End-User License Agreement (“EULA”) is a legal agreement between you and Soft8Soft OÜ (hereinafter “Soft8Soft”), a company organized and existing under the laws of Republic of Estonia, having its registered office at: Narva mnt 5, 10117 Tallinn, Estonia.
This EULA agreement governs your acquisition and use of the Verge3D software (“Software”) directly from Soft8Soft or indirectly through a Soft8Soft’s authorized reseller or distributor (a “Reseller”).
Please read this EULA agreement carefully before completing the installation process and using the Verge3D software. It provides a license to use the Verge3D software and contains warranty information and liability disclaimers.
If you register for a free trial of the Verge3D software, this EULA agreement will also govern that trial. By installing and/or using the Verge3D software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Soft8Soft herewith regardless of whether other software is referred to or described herein. The terms also apply to any Soft8Soft updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
This EULA covers one of the following license options:
- Verge3D Freelance License option
- Verge3D Team License option
- Verge3D Enterprise License option
Depending on the license option you chose and provided that you fully paid the corresponding amount of license fee, this EULA adds or removes certain licensing terms as stated below. The license fees are specified on the Soft8Soft‘s website.
For purposes of this EULA, “Application” means any software or application that you develop using the Software or Variations in accordance with this EULA; provided that any such Application must be substantially different from the Software, and must not allow any third party to use the Software or Variations for software development purposes.
“End User” means an individual who is using your Application for their own purposes but not for distribution or software development purposes.
“Variation” means any change in the contents of the original Software or previous Variations created by you.
“Source Code” means any source code included with the Software distributed as part of Verge3D Enterprise License option and found in the “src” and “puzzles” directories.
License Grant
Soft8Soft hereby grants you a non-transferable, non-exclusive license to use the Software on your devices to create Applications as well as to distribute the Software to End Users solely as integrated into your Applications.
You are permitted to load the Software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Software.
Soft8Soft also grants your End Users a non-transferable, non-exclusive license to use the Software as integrated into your Applications in accordance with the terms of this Agreement.
You are not permitted to reproduce, copy, distribute, resell or otherwise use the Software for any purpose other than as integrated into the Applications.
Verge3D Freelance License Terms
By acquiring the Verge3D Freelance license you agree to the following terms:
- You are entering into this EULA agreement on behalf of yourself as an individual or a sole proprietor.
- If you are bound by an employment agreement with a third party, you are not permitted to distribute the Software as a whole or integrated into the Applications to that third party nor to develop Applications for that third party.
- You are not permitted to edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor decompile, disassemble or reverse engineer the Software or attempt to do any such things.
Verge3D Team License Terms
By acquiring the Verge3D Team license you agree to the following terms:
- You are entering into this EULA agreement on behalf of a company or other legal entity and confirming that such company or legal entity has annual gross revenues (based on fiscal year) under ten million US dollars, or, in case of a non-profit or government entity, annual budget under ten million US dollars.
- You are not permitted to edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor decompile, disassemble or reverse engineer the Software or attempt to do any such things.
Verge3D Enterprise License Terms
Soft8Soft hereby grants you a non-transferable, non-exclusive license to use the Software on your devices to create Variations as well as to distribute the Variations to End Users solely as integrated into your Applications.
You may use the Source Code solely for developing and testing your Applications or Variations.
Intellectual Property and Ownership
Soft8Soft 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 Soft8Soft.
Soft8Soft reserves the right to grant licenses to use the Software to third parties.
You give the consent to publish the information about you as a customer of Soft8Soft on the Soft8Soft‘s website, as well as in informational, marketing and promotional materials distributed by Soft8Soft, including the use of your trademarks for the above-mentioned purposes.
Termination
This EULA agreement is effective from the date you first use the Software and shall continue for 10 years if not terminated before that date. You may terminate it at any time upon written notice to Soft8Soft.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
Governing Law
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of the Republic of Estonia.
Trial Version Usage Rights
The trial version of this software available for free download from the Soft8Soft website is intended for testing purposes only. Any use in production environments, for commercial or non-commercial purposes is prohibited.
Verge3D Cloud Service Level Agreement
The Verge3D cloud service (“Cloud Service”) is provided on the following terms and conditions:
- You allow Soft8Soft and Soft8Soft partners to store, process and distribute your content published on the Cloud Service freely without any limitations.
- The Cloud Service is provided with the following limitations. The total file size of all content stored on Soft8Soft servers, as well as on servers of Soft8Soft partners shall be under ten (10) gigabytes. Total download and/or upload bandwidth shall be under ten (10) gigabytes per month.
Disclaimer of Warranty and Limitation of Liability
The Software and the Cloud Service are provided “AS IS”, without warranty of any kind,
express or implied, including but not limited to the warranties of merchantability,
fitness for a particular purpose and noninfringement. In no event shall the
Soft8Soft be liable for any claim, damages or other
liability, whether in an action of contract, tort or otherwise, arising from,
out of or in connection with the software or the use or other dealings in
the software.
Other Terms and Conditions
Verge3D includes various open-source software components licensed under the following terms and conditions: