MetaNode End User License Agreement
V1.0 - updated 26.11.2020
IMPORTANT: THIS LICENSE GOVERNS YOUR LEGAL RIGHTS AND RESPONSIBILITIES, PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE.
This End User License Agreement ("the Agreement") document constitutes a legal agreement between Polymachine d.o.o., Gajeva 21, 10000 Zagreb, Croatia, EU (“We”, “Us”, “Polymachine”, "the Company"), and you, a physical person or legal entity ("You" or "the End User"). Accepting this Agreement entitles you to use the software defined under 1. “Software”, in accordance with the license defined under 2. “License”.
If you are a legal entity, You agree that you have the right to represent your legal entity for the purpose of accepting this Agreement.
By downloading, copying, installing, and/or using the Software, or opening/unpacking the packaged files it comes delivered in, You agree to the all the terms and conditions set forth in this Agreement, as well as applicable intellectual property laws. You also agree that this Agreement is a valid, legally binding contract, to which you agree to be bound.
If You do not agree to be bound by this Agreement, you must cancel the installation or download, and immediately remove the Software and/or its installation files from your computer.
1. Software
For the purposes of this agreement, the term “Software” represents the MetaNode software (comprised of the MetaNode Client software, MetaNode Server software and related plugins – parts of the MetaNode software that integrate with Autodesk 3ds Max), as well as all written materials or data (instructions, image data, logs etc.). It also represents any and all possible additions, expansions, extensions, upgrades, updates and modifications to the MetaNode software and all its parts.
The Software shall be provided to the End User in the form of executable code, and the Company reserves the right to modify or change the way in which the Software is provided at any time.
You agree that it is your sole responsibility to ensure the requirements for successfully running the Software. For details about hardware and software requirements please visit metanode.xyz/support. We reserve the right to change, update or modify the location and content of these requirements, and if such changes occur, future versions of this document as well as the official Software website (metanode.xyz) will reflect those changes.
2. License
The MetaNode Software and all its parts are not sold, but Licensed. Subject to you agreeing to this Agreement, and upon payment of any applicable fees, the Company shall grant you a limited, non-exclusive right, non-transferable, non-sublicensable (“License”) to use the software according to the following terms:
- The Software is licensed as a monthly subscription product, where one subscription equals one license, payable at the start of a 30 day period, and valid for the subsequent 30 days.
- You may not resell or in any other way transfer your license to a third party, nor may you enable a third party to make use of your licenses in any way.
- You may install the Software on any computer owned by you (if a physical person) or by your legal entity (if you represent a legal entity, however,
- You may use the Software on multiple such computers, provided you have purchased a subscription/license for each computer running a MetaNode Client application that is registered to a MetaNode Server.
To clarify, every instance of a MetaNode Client app registered to a MetaNode Server requires a license. MetaNode Clients not registered to a MetaNode Server will not be functional.
The MetaNode Server application does not require a license and may be installed either on a computer also running a MetaNode Client, or on a separate computer.
You may assign, register and unregister your Licenses among the computers you have installed the MetaNode Client on as you see fit, within the limits of the number of Licenses associated with your email account you used for the purchase of the Licenses. Please consult the Installation instructions on the MetaNode website for information on how to manage users and licenses, however:
- You may not abuse this system with an unreasonable amount of registrations and un-registrations, given the number of subscriptions associated with your account. Reasonable amount of registrations/de-registrations is up to and including four times the number of subscriptions/licenses associated with your account for every 24 hour period.
To clarify, if you have three (3) MetaNode subscriptions, and you make more than four times that number, ie. thirteen (13) or more registration changes, in a period of 24 hours, this may constitute abuse of our license servers.
- The Company may, at its sole discretion, without notice, terminate any such license and any subscriptions associated with an account responsible of abusing the licensing system with an unreasonable number of (de)registrations. See “Termination”.
- You may not, and agree not to, create any derivative works or other works that are based upon or derived from the Software in whole or in part.
- You may not, and agree not to, reverse engineer, reverse compile or disassemble the Software. You may not attempt to discover, in any other way, the source code of the Software, except to the extent that is expressly allowed by mandatory provisions of law.
3. Copyright
The Software incorporated herein is Copyright © Polymachine, All Rights Reserved. This Agreement does not grant you a right to use Polymachine’s or any other third parties’ branding, names, trademarks, registered or unregistered without the owner's approval, unless specifically permitted by law. The Software is protected by all applicable national laws in the country where the Software is being used, and international treaty provisions. You may not remove or alter copyright, proprietary, or any such notices from the Software or any part of the Software.
You may only use the Software in ways that comply with all applicable laws in the jurisdiction in which You use the Software, including but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
4. Limitation of liability
IN NO EVENT SHALL POLYMACHINE BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OF THIS SOFTWARE, EVEN IF POLYMACHINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. POLYMACHINE SPECIFICALLY DISCLAIMS ANY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE PROVIDED HEREUNDER IS PROVIDED “AS IS”. POLYMACHINE RESERVES THE RIGHT TO, BUT HAS NO OBLIGATION TO, PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS OR MODIFICATIONS. THIS DISCLAIMER ALSO APPLIES TO ANY FILE(S) CREATED, MODIFIED OR TRANSFERRED BY THE SOFTWARE. POLYMACHINE OFFERS NO WARRANTY, EXPRESS OR IMPLIED THAT THE SOFTWARE WILL FUNCTION CONTINUOUSLY, ERROR-FREE, OR FIT THE SPECIFIC REQUIREMENTS OF THE END USER.
5. Jurisdiction and applicable law
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Croatia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Croatia. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Croatia, and you hereby submit to the personal jurisdiction of such courts. The Company reserves the right to commence legal proceedings against You in the courts in the state of your domicile. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
6. Privacy
You agree to provide the Company or its agents acting on behalf of the Company certain personal data, in order to facilitate Licensing and normal operation of the Software. The Company may audit your software usage for anti-piracy purposes Collection of any of your personal data is subject to the rules and obligations set out in the Polymachine Privacy Policy as set forth on the Software’s website.
7. Rights
If any part of this document prejudices any party’s statutory rights, statutory rights take precedence. You may exercise any consumer rights you are entitled to only in person or via a representative of your legal entity.
8.Indemnification
You agree to indemnify and hold Polymachine d.o.o. and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your use of the Software, any of its parts, or any willful misconduct on your part.
9. Termination
Failure to comply with any of the terms set forth in this Agreement, entitles the Company to withdraw from the Agreement, without prior notice to you. In the event of such withdrawal, the Company reserves the right to seek damages or other legal remedies. Such withdrawal may include termination of your user account and the licenses connected to it. In the event of such termination of licenses, you are obliged immediately stop using the Software, and to delete, at your own expense, all copies of the Software from computers owned by you or your legal entity.
Any financial obligations and fees incurred by you towards the Company remain in effect until resolved, and will survive the termination of this Agreement. You may not, and are not entitled to, terminate or withdraw from this agreement unilaterally.
10. Point of contact
All notices addressed to the Company in relation to this Agreement shall be delivered to: Polymachine d.o.o., Gajeva 21, 10000 Zagreb, Croatia
11. Changes and amendments
We reserve the right to modify this End User License Agreement any time, effective upon releasing the Software with the updated Agreement. Installing and usage of version of the Software with the updated Agreement shall constitute Your agreement with all the terms of the updated Agreement.
12. Other terms
Should any of the terms of this Agreement be invalid or unenforceable, this shall in no way affect the validity of other terms of the Agreement, which shall remain valid, in effect and enforceable. You acknowledge this constitutes the entirety of the Agreement between You and the Company, relating to Your use of the Software and any part thereof, and that it supersedes any prior agreements, communications, discussions, written or oral, or advertisement of the Software.
11.1 The Software uses Qt Libraries, licensed under the terms of the GNU Lesser General Public License Version 3 ("LGPL v3").
The LGPL v3 incorporates terms of the Version 3 of the GNU General Public License ("GNU GPL v3"). On each supported platform (Windows) the Software dynamically links to the unmodified Qt libraries, as provided by the Qt Company in the pre-compiled binary format.
The Qt Libraries are Copyright (c) The Qt Company Ltd. and other contributors. (https://www.qt.io/licensing/)
The full text of the GNU GPL V3 license can be accessed at:
https://www.gnu.org/licenses/gpl-3.0.en.html
The full text of the GNU GPL V3 license can be accessed at:
https://www.gnu.org/licenses/lgpl-3.0.en.html
We use unmodified QT 5.11.2 libraries, to which the source code can be downloaded from:
https://github.com/qt/qt5/archive/v5.11.2.zip
11.2 The software uses RabbitMQ licensed under the Mozilla Public License Version 2.0. The full text of the license can be found below:
Mozilla Public License Version 2.0
==================================
Definitions
--------------
1.1. "Contributor"
means each individual or legal entity that creates, contributes to
the creation of, or owns Covered Software.
1.2. "Contributor Version"
means the combination of the Contributions of others (if any) used
by a Contributor and that particular Contributor's Contribution.
1.3. "Contribution"
means Covered Software of a particular Contributor.
1.4. "Covered Software"
means Source Code Form to which the initial Contributor has attached
the notice in Exhibit A, the Executable Form of such Source Code
Form, and Modifications of such Source Code Form, in each case
including portions thereof.
1.5. "Incompatible With Secondary Licenses"
means
(a) that the initial Contributor has attached the notice described
in Exhibit B to the Covered Software; or
(b) that the Covered Software was made available under the terms of
version 1.1 or earlier of the License, but not also under the
terms of a Secondary License.
1.6. "Executable Form"
means any form of the work other than Source Code Form.
1.7. "Larger Work"
means a work that combines Covered Software with other material, in
a separate file or files, that is not Covered Software.
1.8. "License"
means this document.
1.9. "Licensable"
means having the right to grant, to the maximum extent possible,
whether at the time of the initial grant or subsequently, any and
all of the rights conveyed by this License.
1.10. "Modifications"
means any of the following:
(a) any file in Source Code Form that results from an addition to,
deletion from, or modification of the contents of Covered
Software; or
(b) any new file in Source Code Form that contains any Covered
Software.
1.11. "Patent Claims" of a Contributor
means any patent claim(s), including without limitation, method,
process, and apparatus claims, in any patent Licensable by such
Contributor that would be infringed, but for the grant of the
License, by the making, using, selling, offering for sale, having
made, import, or transfer of either its Contributions or its
Contributor Version.
1.12. "Secondary License"
means either the GNU General Public License, Version 2.0, the GNU
Lesser General Public License, Version 2.1, the GNU Affero General
Public License, Version 3.0, or any later versions of those
licenses.
1.13. "Source Code Form"
means the form of the work preferred for making modifications.
1.14. "You" (or "Your")
means an individual or a legal entity exercising rights under this
License. For legal entities, "You" includes any entity that
controls, is controlled by, or is under common control with You. For
purposes of this definition, "control" means (a) the power, direct
or indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or (b) ownership of more than
fifty percent (50%) of the outstanding shares or beneficial
ownership of such entity.
2. License Grants and Conditions
--------------------------------
2.1. Grants
Each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license:
(a) under intellectual property rights (other than patent or trademark)
Licensable by such Contributor to use, reproduce, make available,
modify, display, perform, distribute, and otherwise exploit its
Contributions, either on an unmodified basis, with Modifications, or
as part of a Larger Work; and
(b) under Patent Claims of such Contributor to make, use, sell, offer
for sale, have made, import, and otherwise transfer either its
Contributions or its Contributor Version.
2.2. Effective Date
The licenses granted in Section 2.1 with respect to any Contribution
become effective for each Contribution on the date the Contributor first
distributes such Contribution.
2.3. Limitations on Grant Scope
The licenses granted in this Section 2 are the only rights granted under
this License. No additional rights or licenses will be implied from the
distribution or licensing of Covered Software under this License.
Notwithstanding Section 2.1(b) above, no patent license is granted by a
Contributor:
(a) for any code that a Contributor has removed from Covered Software;
or
(b) for infringements caused by: (i) Your and any other third party's
modifications of Covered Software, or (ii) the combination of its
Contributions with other software (except as part of its Contributor
Version); or
(c) under Patent Claims infringed by Covered Software in the absence of
its Contributions.
This License does not grant any rights in the trademarks, service marks,
or logos of any Contributor (except as may be necessary to comply with
the notice requirements in Section 3.4).
2.4. Subsequent Licenses
No Contributor makes additional grants as a result of Your choice to
distribute the Covered Software under a subsequent version of this
License (see Section 10.2) or under the terms of a Secondary License (if
permitted under the terms of Section 3.3).
2.5. Representation
Each Contributor represents that the Contributor believes its
Contributions are its original creation(s) or it has sufficient rights
to grant the rights to its Contributions conveyed by this License.
2.6. Fair Use
This License is not intended to limit any rights You have under
applicable copyright doctrines of fair use, fair dealing, or other
equivalents.
2.7. Conditions
Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted
in Section 2.1.
3. Responsibilities
-------------------
3.1. Distribution of Source Form
All distribution of Covered Software in Source Code Form, including any
Modifications that You create or to which You contribute, must be under
the terms of this License. You must inform recipients that the Source
Code Form of the Covered Software is governed by the terms of this
License, and how they can obtain a copy of this License. You may not
attempt to alter or restrict the recipients' rights in the Source Code
Form.
3.2. Distribution of Executable Form
If You distribute Covered Software in Executable Form then:
(a) such Covered Software must also be made available in Source Code
Form, as described in Section 3.1, and You must inform recipients of
the Executable Form how they can obtain a copy of such Source Code
Form by reasonable means in a timely manner, at a charge no more
than the cost of distribution to the recipient; and
(b) You may distribute such Executable Form under the terms of this
License, or sublicense it under different terms, provided that the
license for the Executable Form does not attempt to limit or alter
the recipients' rights in the Source Code Form under this License.
3.3. Distribution of a Larger Work
You may create and distribute a Larger Work under terms of Your choice,
provided that You also comply with the requirements of this License for
the Covered Software. If the Larger Work is a combination of Covered
Software with a work governed by one or more Secondary Licenses, and the
Covered Software is not Incompatible With Secondary Licenses, this
License permits You to additionally distribute such Covered Software
under the terms of such Secondary License(s), so that the recipient of
the Larger Work may, at their option, further distribute the Covered
Software under the terms of either this License or such Secondary
License(s).
3.4. Notices
You may not remove or alter the substance of any license notices
(including copyright notices, patent notices, disclaimers of warranty,
or limitations of liability) contained within the Source Code Form of
the Covered Software, except that You may alter any license notices to
the extent required to remedy known factual inaccuracies.
3.5. Application of Additional Terms
You may choose to offer, and to charge a fee for, warranty, support,
indemnity or liability obligations to one or more recipients of Covered
Software. However, You may do so only on Your own behalf, and not on
behalf of any Contributor. You must make it absolutely clear that any
such warranty, support, indemnity, or liability obligation is offered by
You alone, and You hereby agree to indemnify every Contributor for any
liability incurred by such Contributor as a result of warranty, support,
indemnity or liability terms You offer. You may include additional
disclaimers of warranty and limitations of liability specific to any
jurisdiction.
4. Inability to Comply Due to Statute or Regulation
---------------------------------------------------
If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Covered Software due to
statute, judicial order, or regulation then You must: (a) comply with
the terms of this License to the maximum extent possible; and (b)
describe the limitations and the code they affect. Such description must
be placed in a text file included with all distributions of the Covered
Software under this License. Except to the extent prohibited by statute
or regulation, such description must be sufficiently detailed for a
recipient of ordinary skill to be able to understand it.
5. Termination
--------------
5.1. The rights granted under this License will terminate automatically
if You fail to comply with any of its terms. However, if You become
compliant, then the rights granted under this License from a particular
Contributor are reinstated (a) provisionally, unless and until such
Contributor explicitly and finally terminates Your grants, and (b) on an
ongoing basis, if such Contributor fails to notify You of the
non-compliance by some reasonable means prior to 60 days after You have
come back into compliance. Moreover, Your grants from a particular
Contributor are reinstated on an ongoing basis if such Contributor
notifies You of the non-compliance by some reasonable means, this is the
first time You have received notice of non-compliance with this License
from such Contributor, and You become compliant prior to 30 days after
Your receipt of the notice.
5.2. If You initiate litigation against any entity by asserting a patent
infringement claim (excluding declaratory judgment actions,
counter-claims, and cross-claims) alleging that a Contributor Version
directly or indirectly infringes any patent, then the rights granted to
You by any and all Contributors for the Covered Software under Section
2.1 of this License shall terminate.
5.3. In the event of termination under Sections 5.1 or 5.2 above, all
end user license agreements (excluding distributors and resellers) which
have been validly granted by You or Your distributors under this License
prior to termination shall survive termination.
************************************************************************
* *
* 6. Disclaimer of Warranty *
* ------------------------- *
* *
* Covered Software is provided under this License on an "as is" *
* basis, without warranty of any kind, either expressed, implied, or *
* statutory, including, without limitation, warranties that the *
* Covered Software is free of defects, merchantable, fit for a *
* particular purpose or non-infringing. The entire risk as to the *
* quality and performance of the Covered Software is with You. *
* Should any Covered Software prove defective in any respect, You *
* (not any Contributor) assume the cost of any necessary servicing, *
* repair, or correction. This disclaimer of warranty constitutes an *
* essential part of this License. No use of any Covered Software is *
* authorized under this License except under this disclaimer. *
* *
************************************************************************
************************************************************************
* *
* 7. Limitation of Liability *
* -------------------------- *
* *
* Under no circumstances and under no legal theory, whether tort *
* (including negligence), contract, or otherwise, shall any *
* Contributor, or anyone who distributes Covered Software as *
* permitted above, be liable to You for any direct, indirect, *
* special, incidental, or consequential damages of any character *
* including, without limitation, damages for lost profits, loss of *
* goodwill, work stoppage, computer failure or malfunction, or any *
* and all other commercial damages or losses, even if such party *
* shall have been informed of the possibility of such damages. This *
* limitation of liability shall not apply to liability for death or *
* personal injury resulting from such party's negligence to the *
* extent applicable law prohibits such limitation. Some *
* jurisdictions do not allow the exclusion or limitation of *
* incidental or consequential damages, so this exclusion and *
* limitation may not apply to You. *
* *
************************************************************************
8. Litigation
-------------
Any litigation relating to this License may be brought only in the
courts of a jurisdiction where the defendant maintains its principal
place of business and such litigation shall be governed by laws of that
jurisdiction, without reference to its conflict-of-law provisions.
Nothing in this Section shall prevent a party's ability to bring
cross-claims or counter-claims.
9. Miscellaneous
----------------
This License represents the complete agreement concerning the subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. Any law or regulation which provides
that the language of a contract shall be construed against the drafter
shall not be used to construe this License against a Contributor.
10. Versions of the License
---------------------------
10.1. New Versions
Mozilla Foundation is the license steward. Except as provided in Section
10.3, no one other than the license steward has the right to modify or
publish new versions of this License. Each version will be given a
distinguishing version number.
10.2. Effect of New Versions
You may distribute the Covered Software under the terms of the version
of the License under which You originally received the Covered Software,
or under the terms of any subsequent version published by the license
steward.
10.3. Modified Versions
If you create software not governed by this License, and you want to
create a new license for such software, you may create and use a
modified version of this License if you rename the license and remove
any references to the name of the license steward (except to note that
such modified license differs from this License).
10.4. Distributing Source Code Form that is Incompatible With Secondary Licenses
If You choose to distribute Source Code Form that is Incompatible With
Secondary Licenses under the terms of this version of the License, the
notice described in Exhibit B of this License must be attached.
Exhibit A - Source Code Form License Notice
-------------------------------------------
This Source Code Form is subject to the terms of the Mozilla Public
License, v. 2.0. If a copy of the MPL was not distributed with this
file, You can obtain one at http://mozilla.org/MPL/2.0/.
If it is not possible or desirable to put the notice in a particular
file, then You may include the notice in a location (such as a LICENSE
file in a relevant directory) where a recipient would be likely to look
for such a notice.
11.3. The Software uses the GRPC library (https://grpc.io) licensed under the Apache License, version 2.0
The full text of the license is available at: http://www.apache.org/licenses/LICENSE-2.0/
11.4 The Software uses the Hardcodet NotifyIcon for WPF (https://github.com/hardcodet/wpf-notifyicon) licensed under the The Code Project Open License (CPOL)
The full text of the license can be found at https://www.codeproject.com/info/cpol10.aspx
11.5 This Software uses Serilog (https://github.com/serilog/serilog) licensed under the Apache License, Version 2.0
The full text of the license is available at: http://www.apache.org/licenses/LICENSE-2.0/
11.6 This Software uses Newtonsoft.JSON (https://github.com/JamesNK/Newtonsoft.Json) licensed under the following MIT license:
The MIT License (MIT)
Copyright (c) 2007 James Newton-King
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS 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 AUTHORS OR COPYRIGHT HOLDERS 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.
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BY CONTINUING TO INSTALL AND USE THE SOFTWARE YOU AGREE TO ALL OF THE ABOVE TERMS AND LICENSES.