TAILSIT Concha - plugin for Rhinoceros 3D
End-User License Agreement (EULA)

The End-User License Agreement ("EULA") is a legal agreement between the “Licensor”

TailSiT GmbH
Nikolaiplatz 4
8020 Graz
Austria

and “You”, the licensee as a single person or company for the “Software” Concha, a plugin for Rhinoceros 3D.

YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, COPY, OR USE THE SOFTWARE AND YOU MUST DELETE OR RETURN THE UNUSED SOFTWARE.

1. GRANT OF LICENSE
Upon your acceptance of this EULA, the Licensor grants you a non-exclusive, non-transferable, limited license without the right to grant sublicenses. You have the right to install and use a copy of the Software on a single computer. The license is granted free of charge but the Licensor reserves the right to terminate this license agreement at any time without prior notice. The Licensor retains all rights not expressly granted to You in this EULA.

2. BACKUP AND ARCHIVAL COPIES
You may make one backup and one archival copy of the Software, provided your backup and archival copies are not installed or used on any computer and further provided that all such copies shall bear the original and unmodified copyright, patent and other intellectual property markings that appear on or in the Software. You may not transfer the rights to a backup or archival copy. 

3. FUNCTIONALITY OF THE SOFTWARE
While every effort has been made to provide a high quality software product, the Licensor will not guarantee the functionality, compatibility, or safety of the Software. You are hereby warned that the software can contain errors (bugs) and may even cause data loss.
Without limitation, the software is not intended for use in or in connection with applications where the failure of the software or errors in data processing could lead to death, personal injury or severe physical or environmental damage. You agree that you are solely responsible for the accuracy and adequacy of the software and any data generated or processed by the software for your intended use and you will defend, indemnify and hold the Licensor, its officers and employees harmless from any third party claims, demands, or suits that are based upon the accuracy and adequacy of the software in your use or any data generated by the software in your use.

4. LIMITED WARRANTY AND LIMITATION OF LIABILITY
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 Licensor 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.

6. TECHNICAL SUPPORT AND MAINTENANCE
Technical support and maintenance is provided for the Software on a voluntary basis to which no claims can be made.

7. RESERVATION OF RIGHTS AND OWNERSHIP
The Software is licensed, not sold. The Licensor reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. You acknowledge that the Licensor or its suppliers retain the title, the ownership of all patents, copyrights, trade secrets, trademarks and other intellectual property rights pertaining to the Software. 
You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

8. RENTAL, COMMERCIAL HOSTING & TRANSFER
You may not rent, lease, lend or provide commercial hosting services with the Software. You may not sublicense, distribute or otherwise transfer all or any portion of the Software to third parties. You may not modify, adapt or translate the Software. You may not knowingly take any action that would cause the Software to be placed in the public domain. This software may not be sold or otherwise transferred for value.

9. TERMINATION
Without prejudice to any other rights, the Licensor may terminate this EULA if you fail to comply with the terms and conditions of this EULA. Upon termination you must cease all use of the Software and destroy all copies of the Software and all of its component parts. The terms and conditions set forth in Sections 3, 4, 7, and 8 survive termination as applicable.

10. JURISDICTION
This EULA will be governed by and construed in accordance with the laws of the Republic of Austria (excluding its conflict of laws principles and the U.N. Convention on Contracts for the International Sale of Goods) and you expressly agree that exclusive jurisdiction for any claim or dispute with the Licensor or relating in any way to your use of the Software resides in the Landesgericht für Zivilrechtssachen, Graz (Regional Court for Civil Matters, Graz) and you further agree and expressly consent to the exercise of personal jurisdiction in the Landesgericht für Zivilrechtssachen, Graz in connection with any such dispute or claim.