Pointfuse® – End User Licence Agreement

POINTFUSE SOFTWARE END USER LICENCE AGREEMENT (“EULA”)

Pointfuse Copyright 2014-18 Pointfuse Limited. All rights reserved. Pointfuse is a registered trademark of Pointfuse Limited. One or more international patents applied for by Pointfuse Limited apply to this product.

This End User Licence Agreement (“EULA”) is a legal and binding agreement between Pointfuse Limited (“Pointfuse”) and the party (“Licensee”) who has clicked “Accept” on installation, or who has executed a written agreement incorporating this EULA, or who otherwise accesses or uses the Software and/or any Pointfuse Data. This EULA grants limited rights to use of the Software, subject to the terms and conditions herein, all of which the Licensee accepts. By accepting this EULA and/or by using and/or by accessing the Software and/or any Pointfuse Data, the Licensee agrees to be legally bound by all the terms and conditions herein. Pointfuse and the Licensee may be referred to individually as a “Party” and collectively as the “Parties”. All rights, licences and permissions granted by Pointfuse hereunder are strictly conditional upon the Licensee’s acceptance of and continuous adherence to all the terms and conditions of this EULA and payment of the licence fee due before use

  1. DEFINITIONS

“Agreement” and/or “Licence Agreement” shall mean this Licence Agreement and any and all documents incorporated by reference.

“Data” means, without limitation, point cloud files in LAS, PTS, FLS, LAZ, XYZ or PTX file formats, vector models in PFF, DXF or IFC file format, or any other Data in any format readable by the Software, including positioning and/or location information, colour, intensity or any other features. Data shall include videos or images, photographic or cinematographic depictions and similar content produced and compiled by and/or made available for viewing and use by means of use of the Software, or by any other means, including screenshots of the Software, and any modifications or derivations arrived at by use of the Software or Data. Data shall include Pointfuse Data and Licensee Data.

“Field of Use” means, unless otherwise agreed in writing by Pointfuse, use by the Licensee’s operations only and shall expressly exclude any distribution, dissemination, copying or modification of the Software whatsoever. The Licensee does not and will not acquire title to the Software, nor any Data licensed to Licensee by Pointfuse.

“Licensee Data” means Data gathered, created, authored, developed, compiled or changed to useful form, together with any modifications or derivations thereto, by Licensee’s permitted use of the Software within the Field of Use.

“The Software” means without limitation, Pointfuse Software.

“Pointfuse Data” means Data gathered, created, authored, developed, compiled, included or supplied by Pointfuse Ltd together with any modifications or derivations thereto, by Licensee’s permitted use of the Software within the Field of Use.

  1. GRANT OF LICENCE

Subject to Licensee’s compliance with all the terms and conditions of this EULA, for the term of the Licence and subject to payment of the licence fee due, Pointfuse hereby grants to the Licensee, subject to the restrictions set forth, a personal, non-transferable, non-exclusive, revocable and limited licence to use the Software and, if provided by Pointfuse, any Pointfuse Data within the Field of Use.

Unless otherwise agreed by Pointfuse in writing, the Licensee may install and use the Software and any Data for the purposes of viewing point clouds and viewing vector models in PFF format in perpetuity, and for the duration of the Licence term, for the purposes of converting point clouds to vector models in DXF or IFC formats. The Licensee may use the Software only on one (1) computer and that computer must be running a validly licensed copy of the operating system for which the software was designed.

  1. RESTRICTIONS

All rights not expressly granted herein are reserved by Pointfuse. Other than as expressly permitted by Pointfuse in writing, the Licensee will not:

  1. Copy, distribute or otherwise transfer the Software in any way, except with this EULA.
  2. License or sublicense, or attempt to license or sublicense, publish or disseminate the Software.
  3. Modify or create derivative works or derivative versions of or replicate the Software.
  4. Use the Software to create any software with similar functionality.
  5. Use the Software to copy, use or distribute any Data, including Licensee Data, outside the Field of Use unless otherwise agreed to in writing by Pointfuse;
  6. Use any Pointfuse Data to create data with similar functionality.
  7. Reverse engineer, decompile, disassemble, reverse compile or otherwise seek to derive source code from the Software or any Pointfuse Data. The Software and Pointfuse Data constitute Confidential and Proprietary information of Pointfuse, which will be used by Licensee only pursuant to the provisions of this EULA and will not be used or disclosed otherwise. In the event that Licensee breaches this EULA, the Licensee acknowledges and agrees that Pointfuse will suffer irreparable harm, which cannot be properly compensated by money damages, and Licensee agrees to, and provides any necessary consent to, Pointfuse seeking equitable remedies, including an injunction and specific performance, without the necessity to post bond or security or prove or show the likelihood of loss or damage, in order to restrain any breach by Licensee and to compel performance by Licensee of this EULA.
  8. Copy any written documentation accompanying the Software.
  9. Remove or change any copyright or trademark, logo or other proprietary Software notices.
  10. Rent or lease the Software.
  11. Hide or obscure any Pointfuse or Pointfuse logo.
  12. Pass off the Software as having been developed or owned by the Licensee or a third party.

 

  1. OWNERSHIP & TITLE

The Licensee acknowledges and agrees that Pointfuse owns all right, title and interest in and to the Software and Pointfuse Data, including all copyrights, trade secrets and other intellectual property rights therein.

  1. TERMINATION

This EULA may be terminated at any time by Pointfuse upon any default hereunder by Licensee. Upon termination of this EULA for any reason, the Licensee shall immediately cease all use of and/or access to the Software and any Pointfuse Data. At the request of Pointfuse, the Licensee shall return or certify the destruction of all copies of the Software and any Pointfuse Data in its custody, control, power or possession.

  1. DISCLAIMER

In all cases, the Licensee uses and accesses the Software and the Data solely at Licensee’s own risk. Pointfuse makes, and the Licensee receives, no representation, warranty, condition or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Data. The Licensee acknowledges and agrees that Pointfuse does not represent or warrant that:

  1. The use of the Software and/or the Data will be secure, timely, uninterrupted or error-free or operate in combination with any hardware, software, system or Data.
  2. The Software and/or the Data will meet Licensee’s requirements or expectations.
  3. The quality of the Software and/or the Data, or any products, services, additional services, information, or other material purchased or obtained by Licensee through the Software or the Data will meet Licensee’s requirements or expectations.
  4. Errors or defects will be corrected.
  5. The Software or the Data are free of viruses or other harmful components.

The Software and the Data are provided to and/or used by the Licensee strictly on an “as is”, “where is” and “as available” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, or arising from usage or a course of trade, with respect to the Software or the Data, including, without limitation, any implied condition or warranty of merchantability, fitness for a particular purpose, compliance with any description, or non-infringement of third party rights, are hereby disclaimed by Pointfuse to the maximum extent permitted by applicable law.

  1. LIMITATION OF LIABILITY

In no event shall Pointfuse be liable to the Licensee for any indirect, special, incidental, consequential, or punitive damages of any kind arising out of or relating to this EULA or Licensee’s use of the Software, or of the Data, or both, however caused, whether for breach of warranty or condition, breach or repudiation of contract, tort, negligence, breach of any duty, or otherwise, or for failure to realize expected savings, revenues, profits or results, even if Pointfuse has been advised of the possibility of such loss or damages. In all cases, any claim by the Licensee for compensation shall be limited, in every case to a maximum amount equal to the licence fee paid by the Licensee to Pointfuse under this EULA for a period of one year prior to such a claim arising.

  1. GOVERNING LAW

This EULA and the rights and obligations of the Parties hereunder shall be governed by and interpreted in all respects in accordance with the laws of England. The Licensee covenants to not commence any class action litigation against Pointfuse.

  1. SURVIVAL

The following provisions shall survive termination of this EULA for any reason: Sections 3 (“Restrictions”); 4 (“Ownership”); 5 (“Termination”); 6 (“Disclaimer”); 7 (“Limitation of Liability”) 8 (“Governing Law”); 10 (“Severance”); 13 (“Enurement”); 14 (“Duration”); 15 (“Indemnity”); and, 16 (“Title & Copyright”).

  1. SEVERANCE

If any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provisions of this Agreement, and all such other provisions shall remain in full force and effect, and it is the intention of the parties hereto that if any provision of this Agreement is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provisions shall have the meaning that renders it valid.

  1. INDEPENDENT CONTRACTORS

No relationship of principal and agent will exist between the Licensee and Pointfuse. The parties will remain at all times independent contractors. In no event will either party (including their staff and/or subcontractors) be considered agents or employees of the other Party.

  1. ASSIGNMENT

This EULA may not be assigned by the Licensee without the written permission of Pointfuse.

  1. ENUREMENT

This EULA shall enure to the benefit of and be binding on the heirs, successors, representatives and permitted assigns of the parties.

  1. DURATION

The License is issued in perpetuity for the purposes of viewing point clouds and for viewing vector models in PFF format. Otherwise, the License is issued for the term of the Licence agreed on payment of the Licence fee and without exception for not more than twelve (12) months for the purposes of converting point clouds to vector models in DXF or IFC format. The duration period begins when the Licensee accepts the installation and this EULA.

  1. INDEMNITY

The Licensee agrees to indemnify, defend and hold Pointfuse from and against any and all liabilities, damages, claims, fines and expenses (including reasonable legal fees) arising out of any breach by the Licensee of this EULA.

  1. PROPERTY & COPYRIGHT

All title, all intellectual property rights including but not limited to copyrights, in and to the Software and any copies thereof are owned by Pointfuse. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants the Licensee no rights to use such content. All rights not expressly granted are reserved by Pointfuse. Software features and additional features made available by way of an update, may require third party copyright to be acknowledged.

  1. CHARGING

A Licence fee may be due for use of the Software. Use of certain features within the Software thereafter may be chargeable. Additional features and modules may be made available by way of an update and these may be chargeable. The terms of use of any updated Software or notified software change of use will become part of this License Agreement whether or not the updated Software or any of its features become chargeable.

  1. PROPERTY & COPYRIGHT

All title and all intellectual property rights including but not limited to copyrights, in and to the Software and any copies thereof are owned by Pointfuse. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants the Licensee no rights to use such content. All rights not expressly granted are reserved by Pointfuse. Software features including any additional features made available by way of an update, may require third party copyright to be acknowledged or licence terms to be accepted.

  1. THIRD PARTY COPYRIGHT ACKNOWLEDGEMENT

The following credits, copyright notices and licences apply to portions of this product because they are used within the Software:

http://www.boost.org/LICENSE_1_0.txt

Boost Software License – Version 1.0 – August 17th, 2003

Permission is hereby granted, free of charge, to any person or organization obtaining a copy of the software and accompanying documentation covered by this license (the “Software”) to use, reproduce, display, distribute, execute, and transmit the Software, and to prepare derivative works of the Software, and to permit third-parties to whom the Software is furnished to do so, all subject to the following:

The copyright notices in the Software and this entire statement, including the above license grant, this restriction and the following disclaimer, must be included in all copies of the Software, in whole or in part, and all derivative works of the Software, unless such copies or derivative works are solely in the form of machine-executable object code generated by a source language processor.

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, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

The DotProduct DLLs are licensed from DotProduct LLC.

E57 Software is used under license.

The FARO Open DLLs are distributed with this product by permission of FARO Technologies Inc.

Faro SDK – available under FARO LS SDK 5.3.3.38662

See http://www.faro.com/products/faro-software/scene/downloads

Freeglut – released under the X-Consortium licence.

See http://opensource.org/licenses/MIT

Freeglut Copyright – Freeglut code without an explicit copyright is covered by the following copyright: Copyright (c) 1999-2000 Pawel W. Olszta. All Rights Reserved.

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 or substantial portions of the Software.

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 PAWEL W. OLSZTA 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.

Except as contained in this notice, the name of Pawel W. Olszta shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization from Pawel W. Olszta.

This software uses the FreeImage open source image library. See http://freeimage.sourceforge.net for details.

FreeType open source font rendering library:

The FreeType Project LICENSE

Copyright 1996-2002, 2006 by

David Turner, Robert Wilhelm, and Werner Lemberg

HDF5 (Hierarchical Data Format 5) Software Library and Utilities Copyright 2006-2015 by The HDF Group.

NCSA HDF5 (Hierarchical Data Format 5) Software Library and Utilities Copyright 1998-2006 by the Board of Trustees of the University of Illinois.

All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted for any purpose (including commercial purposes) provided that the following conditions are met:

  1. Redistributions of source code must retain the above copyright notice, this list of conditions, and the following disclaimer.
  2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions, and the following disclaimer in the documentation and/or materials provided with the distribution.
  3. In addition, redistributions of modified forms of the source or binary code must carry prominent notices stating that the original code was changed and the date of the change.
  4. All publications or advertising materials mentioning features or use of this software are asked, but not required, to acknowledge that it was developed by The HDF Group and by the National Center for Supercomputing Applications at the University of Illinois at Urbana-Champaign and credit the contributors.
  5. Neither the name of The HDF Group, the name of the University, nor the name of any Contributor may be used to endorse or promote products derived from this software without specific prior written permission from The HDF Group, the University, or the Contributor, respectively.

DISCLAIMER:

THIS SOFTWARE IS PROVIDED BY THE HDF GROUP AND THE CONTRIBUTORS “AS IS” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. In no event shall The HDF Group or the Contributors be liable for any damages suffered by the users arising out of the use of this software, even if advised of the possibility of such damage.

IFC-SDK – released under the GNU Lesser General Public Licence, Version 2.1, February 1999

See http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html

This library is free software; you can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version.

The full license is in IFC-SDK-LGPL.txt file included with this distribution or is available at : http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html

This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Lesser General Public License for more details.

LasZip – released under the GNU Lesser General Public Licence, Version 2.1, February 1999

See http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html

Copyright: (c) 2007-2014, martin isenburg, rapidlasso – fast tools to catch reality

This software is distributed WITHOUT ANY WARRANTY and without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.

martin@rapidlasso.com

COPYRIGHT: (c) 2007-2014, Martin Isenburg, rapidlasso

Portions of this product use Qt libraries under the terms of the GNU Lesser General Public License version 3. (See gpl-3.0.txt and lgpl-3.0.txt.)

The Qt libraries (including their source code) are most easily downloaded from http://www.qt.io/download-open-source/.

Alternatively you can get the source code from us by emailing info@arithmetica.com.

SourceSans Font:

SIL OPEN FONT LICENSE Version 1.1

26 February 2007

SuperEasyJSON was obtained from http://www.sourceforge.net/p/supereasyjson and is used under the terms of the following MIT license.

The MIT License (MIT)

Copyright (c) 2013 Jeff Weinstein (jeff.weinstein at gmail)

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.

The Xerces-C++ DLL is licensed under the Apache License, Version 2.0 (the “License”);

you may not use this file except in compliance with the License.

You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License