Kuesa 3D Runtime
END-USER LICENSE AGREEMENT (EULA) November 7, 2019
This Klarälvdalens Datakonsult AB End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a legal entity) and Klarälvdalens Datakonsult AB (“KDAB”) for the Klarälvdalens Datakonsult AB software product “Kuesa 3D Runtime” (“Licensed Product”).
Upon your acceptance of the terms and conditions of this EULA, KDAB grants you the right to use the Licensed Product as provided below.
GRANT OF RIGHTS
Under the condition of Your payment of all license fees KDAB grants to you a nonexclusive, nontransferable, royalty-bearing, perpetual and worldwide license to copy the Licensed Product for the purpose of designing, developing, and testing your software product(s) (“Applications”).
If you are an individual, you may install copies of the Licensed Product on all of your computers provided that you are the only individual using the Licensed Product.
If you are a legal entity, you may provide as many staff members (“Designated User”) with copies of the Licensed Product as you have licensed. Any Designated User is permitted to install copies of the Licensed Product on all of the Designated User’s computers provided that the respective Designated User is the only individual using the Licensed Product. If you are a legal entity, You may at any time designate another individual to replace the current Designated User, so long as there is no more than one Designated User per license at any given time.
You are permitted to include the Licensed Product in your Applications for the intended purpose of designing, developing, and testing your Applications and to create a derivative or combined work consisting of your Applications and the Licensed Product, and to use the derivative or combined work internally for the intended purpose. However, KDAB does not grant the right to redistribute the combination of your Application with the Licensed Product to third parties without the additional grant of a distribution license. Such distribution license can be acquired by purchase of the Kuesa 3D Studio.
Nothing in this License is intended to reduce, limit, or restrict your rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.
Open Source Software
The Licensed Product contains Open Source Software. You may receive a non-exclusive right to use the Open Source Software from the respective rights holders under the conditions provided for in the applicable Open Source licenses. This agreement only applies to the components that are not licensed as Open Source Software. Please find the applicable Open Source licenses in the Annex to this agreement.
THE LICENSED PRODUCT IS LICENSED TO YOU “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KDAB ON BEHALF OF ITSELF AND ITS SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE LICENSED PRODUCT. THIS WARRANTY DISCLAIMER NOTWITHSTANDING, YOU MAY HAVE SPECIFIC LEGAL RIGHTS WHICH MAY VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY
IF, KDAB’S WARRANTY DISCLAIMER NOTWITHSTANDING, KDAB IS HELD LIABLE TO YOU, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, BASED ON THE LICENSED PRODUCT, KDAB’S ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY SHALL BE, AT KDAB’S OPTION, EITHER (A) RETURN OF THE PRICE YOU PAID FOR THE LICENSED PRODUCT, OR (B) REPAIR OR REPLACEMENT OF THE LICENSED PRODUCT, PROVIDED YOU RETURN TO KDAB ALL COPIES OF THE LICENSED PRODUCT AS ORIGINALLY DELIVERED TO YOU. KDAB SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU BASED ON FAILURE OF THE LICENSED PRODUCT IF THE FAILURE RESULTED FROM ACCIDENT, ABUSE OR MISAPPLICATION, NOR SHALL KDAB UNDER ANY CIRCUMSTANCES BE LIABLE FOR SPECIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS OR INTERRUPTION OF BUSINESS OR FOR LOSS OR CORRUPTION OF DATA.
ANY AWARD OF DAMAGES FROM KDAB TO YOU SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO KDAB IN CONNECTION WITH THIS EULA.
SUPPORT AND UPDATES
You will receive software developer support and access to Updates to the Licensed Product in accordance with KDAB support policies and procedures as agreed upon in your support agreement with KDAB.
This EULA may only be modified in writing signed by you and an authorized officer of KDAB. All terms of any purchase order or other ordering document shall be superseded by this EULA. If any provision of the EULA is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in this EULA shall remain in effect. This EULA shall be construed, interpreted and governed by the laws of Sweden, the venue to be Sunne Tingsratt.
Draco 3D Data Compression
Draco is a library for compressing and decompressing 3D geometric meshes and point clouds. It is intended to improve the storage and transmission of 3D graphics.
Used in Kuesa. The sources can be found in: KUESA/kuesa/src/3rdparty/draco.
Project Homepage: https://github.com/google/draco
Copyright (c) 2018-2019, Google Inc. and other contributors
Apache License 2.0: https://spdx.org/licenses/Apache-2.0.html
Version 2.0, January 2004
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Tangent Space Library
Tangent Space library used to generate tangents for geometry
Used in Kuesa. The sources can be found in KUESA/kuesa/src/3rdparty/mikktspace.
Project Homepage: https://github.com/tcoppex/ext-mikktspace
Copyright (C) 2011 by Morten S. Mikkelsen
This software is provided ‘as-is’, without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.
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