License Agreement

Licenses can be installed as cloud or network licenses:

Cloud Licenses : A single cloud license allows one user to run Karamba3D on one computer at a time. Licenses are installed on the McNeel Cloud Zoo Platform (only for Rhino6 or Rhino7). Email us if you need to install Karamba3D for Rhino5.

Network Licenses: A single network license allows one user to run Karamba3D on one computer at a time within a shared network. Licenses are installed on the McNeel Zoo 6 (only for Rhino6, Rhino7 or Rhino5 64bit). The company name will be used to register the network license. Network licenses are only available for pro- or lab-licenses.

Support: Technical support is provided via email and on the McNeel Forums for the pro-versions of Karamba3D for the duration of the license. Support for edu- or lab- licenses is strictly available on the McNeel Forums.

General Terms and Conditions of Use

Scope

The following general terms and conditions of business shall be applicable to all declarations of intent, contracts and agreements as well as legal acts or quasi legal acts between Clemens Preisinger (licensor) and his customers (hereinafter called “customer”).

By installing or using the software (hereinafter called “program(s)”), the customer consents to be bound by the terms and conditions of this license. If the customer violates any of these limitations or restrictions, the license grant will automatically and immediately expire. The license descriptions define the scope of rights that the licensor grants to the customer. No license is granted under the terms of this agreement if the customer did not lawfully acquire the program.

License Conditions

The use of the free-, trial-, educational-, student- and developer-version of Karamba3D is strictly for personal and/or, non-commercial purposes only. The use of the pro-version is for commercial purposes.

The licensor grants the customer a simple, nonassignable, nonexclusive, nontransferable right to use the acquired program(s). This is valid for one’s own use, the use of the customer’s employees or the customer’s contract users for a period of time which depends on the type of license acquired. A contract user means here an individual or entity, not a regular employee of the customer, who is engaged to perform the customer’s internal data processing services.

The customer may use the program(s) only for their own internal data processing purposes and will not make all or any part of any program(s) available to any third party, except the customer’s employees and contract users other than for internal data processing. Internal data processing purposes includes using the program(s) for providing consulting services to third parties but does not include providing data processing services, serving as an application service provider, or providing batch processing services.

In case of network or cloud licenses the right to use is bound to a location.

Transferring the program(s) or any part thereof to a third party is not allowed. The transfer of a license, e.g. through resale, or rent requires the prior written notification and consent from the licensor. In all cases, the software remains the property of the licensor. The licensor is not conveying to a customer any title, ownership, copyright or any other intellectual property rights in or related to the licensor’s program(s), and the licensor reserves all rights in and to the program(s) which are not explicitly granted in writing by licensor to customer.

Fees and Prices

The publication of a new prices in the online web-shop invalidates all earlier prices.

Disclaimer of Warranty

There is no warranty for the program, to the extent permitted by applicable law. Except when otherwise stated in writing the licensor provides the program “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the program is with the customer. Should the program prove defective, the customer assumes the cost of all necessary servicing, repair or correction.

The use of the program(s) depends on third party programs (e.g. the McNeel Zoo License server or Zoo Cloud or Grasshopper3D). The licensor can not be held liable in case these programs do not work correctly.

Limitation of Liability

In no event unless required by applicable law or agreed to in writing will the licensor be liable to the customer for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the program(s) (including but not limited to loss of data or data being rendered inaccurate or losses sustained by the customer or third parties or a failure of the program to operate with any other programs), even if such holder or other party has been advised of the possibility of such damages.

Other Conditions

Agreement with the provisions, regardless of form, shall be deemed given, unless otherwise disagreed with in written form. If a single term or several terms of the general terms and conditions of business are ineffective in their entirety or partly, or if a loophole is found in some terms and conditions, the validity of the other terms and conditions is not affected. Entire or partial ineffective terms and conditions or loopholes will be replaced by an appropriate and effective regulation that, if legally possible, fulfills or will fulfill legal and commercial purposes.

Final Provisions

This contract shall be governed exclusively by the laws of Austria. Place of execution and jurisdiction for deliveries and payments as well as all disputes is Schellhammergasse 21, 1160 Vienna, Austria. The licensor is entitled to bring action against customers before the court of law. The parties to this contract agree that this contract as well as all claims arising from or in connection with this contract shall be governed by the laws of Austria to the exclusion of the UN Convention on Contracts for the International Sale of Goods.