This End-User License Agreement ("EULA") is a legal agreement between you and ArcTron 3D GmbH ("ArcTron").
This EULA agreement governs your acquisition and use of our ViViBoxAR software ("Software") directly from ArcTron or indirectly through a ArcTron authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before downloading, installing and using the Software. It provides a license to use the Software and contains warranty information and liability disclaimers.
By clicking "accept" or installing and/or using the 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 ArcTron herewith regardless of whether other software is referred to or described herein. The terms also apply to any ArcTron updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
ArcTron hereby grants you a personal, non-transferable, non-exclusive licence to use the Software on your devices in accordance with the terms of this EULA agreement.
You are permitted to load to load the Software on your device (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.
You are not permitted to:
ArcTron 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 ArcTron.
ArcTron reserves the right to grant licences to use the Software to third parties. ArcTron reserves the right to revise or alter the product at the discretion of the company.
The software was created with attention to the latest and established programming standards. Due to the state of the technology, errors in the software cannot be completely excluded. ArcTron is not liable for errors and does not guarantee the specific use of the software for the requirements of the licence holder. The responsibility for the choice and the implications of using the software lies with the licence holder. Guarantee claims are - as far as legally permitted - debarred.
ArcTron is not liable for any damages or losses of any kind including loss of data, loss of profits, insurance costs or other damages including consequential damages or losses and indirect damages caused by the use or the inability to use the software.
The Software accesses external sites, which are being provided as a convenience and for informational purposes only; they do not constitute an endorsement or an approval by ArcTron of any of the products, services or opinions of the corporation or organization or individual. ArcTron bears no responsibility for the accuracy, legality or content of the external site or for that of subsequent links. Contact the external site for answers to questions regarding its content.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to ArcTron.
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.
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 Germany. The place of jurisdiction and fulfilment for this licence contract is Regensburg, Germany.
Should a provision of this contract be wholly or partially ineffectual for reasons not known at this time, the effectiveness of the other provisions is in no way compromised and a provision should be found, which corresponds as closely as possible to the ineffective provision.