This End-User License Agreement(“EULA”) is a contract betweenyou (“Licensee”) and Enscape GmbH, An der RaumFabrik 33b, 76227 Karlsruhe, Germany (“Licensor”), giving you a license or permission to use Licensor’s ENSCAPE® software in the respective latest version provided by Licensor e.g. in the respective download link (the
„Software“). This EULA runs from the date when the Licensee receives the Software from a Reseller or Licensor (“Delivery”). By installing, copying, downloading, or otherwise using the Software, the Licenseeagreesto bebound by the terms of this EULA. If the Licensee does not agreeto the terms of this EULA, the Licensee may not install, copy, download or otherwise use the Software. For the Trial Period free of charge the provisionsin Appendix A shall additionally apply.
1.1 The subject matter of this EULA is the Licensee’slimited in time, non-transferable, non-sublicensable and non-exclusive license to use the Software solely in conjunctionwith
• The REVIT® building information modelling software(„Revit“) createdby Autodesk Inc., 1 McInnis Parkway, San Rafael, CA 94903, USA („Autodesk“),
• the SKETCHUP® 3D modeling software („SketchUp”) createdby Trimble Inc., 935 StewartDrive, Sunnyvale,CA 94085,USA („Trimble”),
• the RHINO3D® modeling software(„Rhino”) createdby Robert McNeel & Associates, 3670 Woodland Park Ave N, Seattle, WA 98103, USA („McNeel”), andfor
• the ARCHICAD® building information modelling software(“ArchiCAD”) created by Graphisoft, Záhony u. 7. (GRAPHISOFT Park 1.) 1031 Budapest,Hungary(“Graphisoft”)
• the VECTORWORKS® 3D and building information modelling software (“Vectorworks Software”) created by Vectorworks Inc., 7150 Riverwood Drive, Columbia, MD 21046,USA (“Vectorworks”)
for the term of this EULA and for internal business operations only, notably excluding any useof the Software asa service for third parties.
1.2 The use of the Software requires certain basic software programs (together the “Underlying Software”). The software requirementsand supportedversions of the
Underlying Software are published on https://enscape3d.com/system-requirements. The use of the Software with other versions of the Underlying Software and/or substitutesis not permitted under this EULA. Useof the Underlying Software is not provided pursuant to this EULA. Licenseemust separatelyacquire aright to usethe Underlying Software. The Underlying Software may have additional requirements,
e.g. with regards to the operating system. Licensor will in no way guarantee or warrant theavailability and/or usability of the Underlying Software unlessexpressly agreedupon by the Partiesin writing.
1.3 The license of the Software shall exclusively be governedby the provisions of this EULA, unlessthe Partiesagreeotherwise in writing.
1.4 The Software uses certain open source code and libraries, which are set forth in Appendix B (“Open Source Software”). To the extent any terms of this EULA conflict with any terms of such Open Source Software license terms, the latter shall prevail. Further, Enscape’swarranty and liability with respectto such Open Source Software is set forth exclusively and conclusively in the respective Open Source Software license termsand Enscapedisclaims any further warranty and liability.
1.5 The Software contains source code provided by NVIDIA Corporation, notably certain NVIDIA software development kits, including (NVIDIA DLSS, NRD) (“SDK”). The SDK includes certain third party software which is subject to the license terms set forth in Appendix B. If and to the extent there is a conflict betweentheselicense terms and this EULA, suchlicense terms shall control only to the extent necessaryto resolve the conflict.
2.1 Licensor does not warrant that availability of the Software, its functions and/or Licensor’s servers will be uninterrupted or always error-free. Clause 2.10 shall apply.
2.2 Licensor shall make the Software available to Licensee in an executable form (object code) for download on the Internet.
2.3 Licenseeis not entitled to the sourcecodeof the Software or parts thereof.
2.4 Licensee may accessthe user manual available via https://enscape3d.com/system-
requirements/. The technical requirements and specifications set forth therein shall at all times be observed by Licensee. No other documentation shall be due unless explicitly agreeduponin writing.
2.5 Unless explicitly stated herein, Licensor shall not be responsible for installing the Software on Licensee’s infrastructure and/or assisting in suchprocess.
2.6 Licensor is not obliged to provide any consulting, parameterization, customizing, migration, training, programming or other Licensee-specific project services (collectively referred to as“Services”) unlessexplicitly agreedupon by the Parties in writing.
2.7 In order to start and use the Software, Licensee must arrange for a sufficiently powerful Internet connection between Licensee’s IT-systems and Licensor’s server in order to verify the license of the Licensee and to use the Cloud Services. Depending on the type of license, Internet accessfor license verification may be necessary every 24 hours. During this 24-hour period, Internet access solely is necessaryfor useof the Cloud Services.
2.8 Licensor shall be entitled to usethe Software on its own IT-systems and third-party systems– provided that these third-party systemsare controlled by or exclusively assigned to Licensee and/or Licensee’s agents/employees – and may freely subcontractobligations underthis EULA.
2.9 Licensor shall be responsible for the availability of the server(s) necessaryto allow Licensee to use the Software up to a suitable connection point to the Internet that Licensor shall determine ("Service Delivery Point" ). The license provided by this EULA does not include further Internet connection to the access point of the Licensee.
2.10 Licensor shall use commercially reasonableefforts to maintain the availability of the licensing server(s) for 99% per calendar month (“Agreed Availability”). The licensing server shall be deemed available if accessible and correctly responding when contactedfrom the Service Delivery Point (“Availability”). Non-availability due to force majeure and other reasonsoutside of the responsibility of Licensor and Scheduled Downtimes (seeSec. 2. 1) are not taken into account for the calculation of the Availability if Scheduled Downtimes (1) are announcedto Licensee by e- mail without unduedelay but at least 48 hours prior to commencement(if Licensee has not waived such announcements) and (2) are scheduled for Saturdays, Sundays
or public holidays (at Licensor's place of business), and (3) do not exceed a maximum of eight hours per calendarmonth.
If in any given calendar month, the Availability falls short of the Agreed Availability for reasonsimputable to Licensor, Licensor will, upon Licensee’s request, to be made within three months of the end of the respective calendar month, offer a discount on recurring fees, which, during the term of this EULA, shall be offset against future recurring fees and only in the event of termination be payable in cash. Such discount shall be 1/720 of the monthly license fee per seatfor every hour and licensed seat that could not be used due to unavailability of the license server but in no casemore than Licensee hasactually paid for the licensed seatthat could not be usedfor the respective month. The discount shall fully settle any reduction right under Sec.536 of the GermanCivil Code. Claims in damagesas referred to in Sec.9 below; Licensor’s obligation to resolve the Non-Conformity under Sec. 7 shall remain unaffected. The foregoing shall not be deemedan express warranty, guaranteeor guaranteeof properties.
2.12 Licensor cannot guarantee the same feature set of the Software for all supported Underlying Software solutions and their versions basedon the differences between the Underlying Software solutions itself. Therefore, the feature set of the Software can differ betweenthe Underlying Software solutions and their versions. A specific feature is only contractually agreedif Licensor has specified it as available for the respective combination of version of the Software and version of the Underlying Software.
2.13 Licensor strives to regularly – usually every threemonths – publish new versions of the Softwarewith new functionality (“Upgrades”), but shall not beobliged to do so. Any Upgrades provided are compatible only with the versions of Underlying
Software being communicated by Licensor ascompatible at the time the Upgradeis made available for download; Licensee therefore is made aware that upgraded Software maybe usedonly with theseversions of the Underlying Software.
2.14 Licensor will strive to provide the Licensee advance notice of any Update or Upgrade that may require changes to the Licensee’s hardware or software environment.
2.15 To the maximum extent permitted by applicable law and except as provided otherwisein the EULA, Licensor is providing the Software“as is” without warranty of any kind including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or any warranty or representation about the results from the use of the Software. Secs. 7 and 9 apply.
3.1 Licenseeis granted a non-exclusive, non-sublicensable andnon-transferable right to use the Software for the term of this EULA with the number of licensed seats agreed upon. Licensor may from time to time conduct an audit to ensure that Licensee and its employees and/or agents are complying with the terms of this EULA.
3.2 Licensee can upload up to 10 GB data (“Licensee Data”) to the Licensor’s server and provide third parties with a link to such LicenseeData; suchLicenseeData will be made available on the Internet as specified in more detail in Sec. 3.4 (“Cloud Services”). Licensor has no custody or custody obligations for the data transmitted and processedby the Licensee, in particular the Licensee Data; neither back-ups of the data nor a permanent and safe storage of the data form part of the subject matter of this EULA. The Licenseeis responsible for making back-upsof all and any data including Licensee Data andfor observing legal retention periods. Sec. 2.10 applies accordingly, whereby the discount will be 1/72000 of the license fee applicable to the respectivelicensed seatper hour of unavailability proven by Licensee.
3.3 Licensee retains the copyright and all other intellectual-property rights to the Licensee Data.
3.4 Licensee Data is accessible only via a direct nonpublic link, which means that Licensor doesnot publish the link but neverthelesseverybody in knowledge of the link may access the Licensee Data. Licensor shall – other than providing such
nonpublic link – not sharethe LicenseeData with third parties or within Licensor's organization.
3.5 The Licensee grants the Licensor, its employeesand its vicarious agentsthe right to copy and publicly make available the Licensee Data and any other right necessary to perform Licensor’s duties hereunder, inter alia providing the Cloud Services. Licensor is also entitled to make changes to the structure of the data or the data format in order to eliminate defects. Licensor shall makeuseof theserights only in order to carry out its obligations underthe EULA.
3.6 Licensor shall be entitled to delete Licensee Data from its server after the term of this EULA, provided that Licensor hasinformed Licenseeof the intended deletion in writing (e-mail or fax being sufficient) at least 2 weeks prior to deletion and given Licenseethe possibility to copy and store such Licensee Data.
3.7 Licenseewarrants andrepresentsthat Licensee Data will not violate applicable law, in particular third-party rights. Licensee shall hold Licensor and its directors, employees, consultants, subcontractors and other vicarious agents(“Indemnitees”) harmless from and against any claims resulting from an infringement of this Sec.
3.7 and indemnify Licensor and its Indemnitees for any damageand expensesthat Licensor or its Indemnitees incurs due to Licensee’s infringement of this Sec. 3.7. Licensee shall reasonably cooperatewith Licensor in the defenseagainst any third- party claim relating to any alleged or actual infringement of this Sec. 3.7 and provide Licensor with any information or evidence reasonably requested. If third parties advise Licensor that Licensee Data may infringe their rights or otherwise violate applicable law, Licensor is entitled to deleteor block the LicenseeData.
3.8 Licenseeshall install the Software in accordancewith the provisions of this EULA only on Licensee’s network, i.e., only on computers that are owned by and in the possessionof Licensee (or as otherwise allowed under Sec. 2.8), except with the prior written approvalby Licensor.
3.9 Licensee is entitled to allow freelancers and consultants that work on behalf of Licensee on or via its network to use the Software, provided, however, that such freelancers and consultants perform the work in accordancewith the instructions issued by and for the purposesof Licensee.
3.10 Licensee shall protect the Software from unauthorized access of a third party. Licensee shall provide all employees, freelancers and/or agents that use the
Software with a copy of this EULA andshall oblige them to respectthe restrictions on the useof the Software andthe Licensee’s obligations under this EULA.
3.12 Licenseemay not rent, lend or distribute in any form, or usethe Software by and on behalf of third parties (e.g., by outsourcing, hosting, Software asa Service), without the prior written consentof Licensor. Licensee shall not transfer the Software to a third party or allow a third party to useor gain knowledge of the Software. Licensee shall not to grant third parties direct or remote accessto the Software including the screen of the computer running the Software, or use the Software on behalf of a third party.
3.13 Licensor is the sole owner of all intellectual property rights to the Software, including copyright, but does not own the open-sourcesoftware identified in Sec. 1.4.
3.14 Data backups are the sole responsibility of Licensee. Licensee shall ensure that a state-of-the-art backup of the Software, the complete system used and all data – including data stored in the cloud servicesprovided under this EULA – is in place andproperly working. In addition to the foregoing, Licenseeshall, at leastdaily and immediately before Scheduled Downtimes and/or any maintenance or installation of Updatesor Upgrades,perform an alternating (on different datacarriers) backup.
3.15 Licensee shall, regarding Licensee’s IT-systems, take all commercially reasonable protective measuresto safeguard the Licensee Data and the Software against any harm whatsoever, such as unauthorized us, theft or infection with viruses or other malicious software.
3.16 Licensee shall be responsible to install Updatesand Upgrades.
3.17 Licensee shall promptly install all Updates and Upgrades and may object to installation of an Update or Upgrade only if Licensee agrees to compensate Licensor for the additional cost for continued support of the earlier version of the
Software for the remaining term of the Agreement.
3.18 Licensor may provide preview versions of the Software (“Preview Versions”) that give insights to Licensor's planning’s for upcoming Updates. Preview Versions are not governedby this EULA. Preview Versions cancontain errors and Licensor does not and cannot guaranteea stable functionality. Licensor therefore expressly warns against installing Preview Versions on productive computers or computers integrated into the normal network aserrors and datalossescannot beruled out.
3.19 Under no circumstances may Licensee modify, create derivate works based on, decompile, reverse-compile, disassemble or reverse-engineer the Software, or any componentof the Software, or grant anythird party the right to do so.
3.20 Licensee agreesthat its breach of this section or of Section 1 will causeLicensor irreparable harm and damage and that, as a result, Licensor shall be entitled to injunctive and other equitable relief in addition to any other remedy to which Licensor might be entitled.
3.21 Licensee shall comply with all statutes and regulations, as they might be amended from time to time, pertaining to export control, money laundering, trade embargoes and economic sanctions.
4.1 This EULA shall run for the agreed term. Licensee can choose between a one- month-term model (“One-Month-Term Model”) anda one-year-termmodel(“One- Year-Term Model”). After each term and subject to Licensor’s right to a Price Changeas per Sec. 5.7, this EULA will renew for another term equivalent in time to the initial term, unless terminated by a party pursuant to Sec. 4.2 or 4.3 or 4.4 and/or in accordancewith clause 5.5 as the casemay be. The term starts upon this EULA’s effective dateandends(i) in caseof the One-Month-Term model, with the end of the day before the daywith the samenumber in the following month; if such day does not exist in the following month, with the end of the last day of the following month, (ii) in caseof the One-Year-Term model, with the end of the day before the day with the samenumber of the samemonth in the following year; if such day does not exist in the following year, with the end of the last day of the samemonth in the following year.
4.2 If the Parties agreeupon the One-Month-Term Model, each Party shall be entitled to terminate this EULA at anypoint before the endof the respectiveterm.
4.3 If the Parties agreeupon the One-Year-Term Model, eachParty shall be entitled to terminate this EULA with one month’s prior notice to the end of the respective term.
4.4 The right of the Parties to terminate this EULA forthwith for good causepursuant to sec. 314 of the German Civil Code (BGB) remains unaffected. For Licensor, goodcauseshall exist, in particular but not limited to, if
a) Licenseeis in default with the license fee for thirty days or more than thirty days,
b) Licensee suspendsits payments,
c) Licenseefiles for insolvency or similar statutory proceedings,
d) if permissible, Licensor or any other creditor applies for the institution of insolvency proceedingsor similar statutory proceedings, if such a proceeding is openedor declined for a lack of assets,or
e) if Licensee materially breachescontractual obligations and fails to remedy this breach within a reasonable grace period granted in a written warning issuedby Licensor.
4.5 Notices of termination shall be in writing to be effective. Fax or e-mail shall suffice.
4.6 Upon the end of this EULA, the Licensee shall return to Licensor or delete the Software and all Software copies and confirm to Licensor in writing Licensee’s compliancewith this obligation.
5.1 Licensee shall pay the license fee agreedupon.
5.2 If the Parties agreedupon the One-Month-Term Model, the license fee is to be paid monthly in advance. If the Parties agreed upon the One-Year-Term Model, the license fee is to bepaid yearly in advance.
5.3 Licensor may at any point in time amend the terms of this EULA or the
specifications of the Software by giving notice in text form (e.g. letter or e-mail) to Licensee, at least one month prior to the proposed date of their effectiveness. Changesto the Software that do not reducethe functionalities of the Software, such as updates, bugfixes, functional additions or changes in appearance may be implemented at any given time in the sole discretion of the Licensor, taking into account the Licensee’s legitimate interests as required in sec. 308 No. 4 of the GermanCivil Code(BGB).
5.4 Licensee’s consent to any amendments and changes communicated under Sec. 5.3 shall be deemed to have been given if Licensor does not reject in writing such proposedchangewithin four weeks of receipt of such communication or continues to use the Software after the proposed effective date of such change. In its communication pursuant to Sec. 5.3, Licensor shall inform Licensee of such consequences.
5.5 In the event that Licensee rejects any or all of the proposedchanges,thesewill not take effect and the EULA (and Licensee’s right of use of the Software) will terminate with the expiry of the agreed term, excluding any renewal pursuant to Sec. 4.1.
5.6 This EULA will be replacedautomatically by any more recentversion of the EULA that Licensee agrees to by downloading and/or installing any new release after Version 2.8.2. of the Software in the future.
5.7 Licensor shall be entitled to increase the agreed license fee by means of a communication to Licensee in text form. Licensor shall inform Licensee of such increase (“Price Change”) at least one month (One Year Term Model) or two weeks (One Month Term Model) in advance.Should such Price Changeexceed5% of the then current fee, Licensee may terminate this EULA within 2 weeks of receipt of suchcommunication.
6.1 Licenseeshall notify Licensor in writing without unduedelay if third parties claim rights (e.g. copyrights or patent rights) to the Software. Licensee shall support Licensor in the dispute. In particular, Licenseeshall makethe necessaryinformation as well as the relevant documents available in writing. Licensee shall allow Licensor to direct the defense against such third-party claims and issue any necessarypower of attorney. Licensee shall refrain from confirming or accepting
facts or claims or settling the casewithout Licensor's explicit written consent.
6.2 Licensor shall not be liable for an infringement of third-party rights which arises due to useof the Software by Licenseecontrary to the provisions of this EULA, use outside the intended area of use, use in a country other than that of Licensee's registered office or any other country explicitly agreed in writing or use in combination with components (e.g. hardware and software) not explicitly recommendedby Licensor.
7.1 Licensor will, during the term of this EULA, rectify any Non-Conformities of the Software duly reported by Licensee as set forth in Sec. 8 in accordancewith the following provisions by providing patchesor work-arounds or minor enhancements (eachan „Update“) for download by Licensee.A “Non-Conformity” exists if the Software does not have the characteristics described in the relevant product description or documentation, aborts accidentally or if characteristics agreedupon in any other manneraremissing. Licensor shall, however, not be responsible for the proper functioning of the Underlying Software and/or its compatibility with the Software, unlessexpressly so statedby Licensor in accordancewith Sec. 1.2 above.
7.2 Critical Non-Conformities will be remedied without undue delay. Material Non- Conformities will be remedied within reasonabletime. With respect to all other Non-Conformities, Licensor may refer Licenseeto one of the following Upgrades. “Material Non-Conformity” shall comprise only Non-Conformities which materially affect use for the agreedpurposes.“Critical Non-Conformity” as used herein shall exclusively comprise Material Non-Conformities which effect that the Software is completely inactive, doesnot respondto input, deletesdataor cannot be productively usedat all.
7.3 Licensor is liable for defects of the Software that already exist at the time the Software is initially provided only to the extent that Licensor is responsible for them.
7.4 Licensee shall remain obligated to pay the agreedlicense fee in caseof defects.
8.1 Licensee shall send error reports to Licensor via the agreed communication channels. Licensor shall be entitled to require Licensee to use a certain ticket systemthat will be provided at the expenseof Licensor. Licenseeshall comply with this requirement, unless Licensee cannot reasonably be expected to do so in a specific case.
8.2 Licensee shall assist Licensor comprehensively and at its own expense with the error analysisandrectification.
8.3 In particular, an error report in compliance with this EULA shall include the following information:
a) detailed error description;
b) the exactwording of error messages,if available;
c) screenshot of error state
d) stepsfor reproducing the error state;
e) operation logs;
f) system environment data (including operating system version, type and version of Underlying Software used,etc.).
8.4 Upon request of Licensor, Licensee shall set up a remote accessfor Licensor to all IT systems on which the Software is run. However, Licensee shall ensure that Licensor cannot accessany personal data.
8.5 Licensee is obligated to accept, install and launch all new Software versions, updates,patches,etc. provided by Licensor for error rectification. Further, Licensor may withhold warranty if Licenseedoesnot usethe latest version of the Underlying Software.
8.6 Licensee shall reimburse Licensor for the additional expensesthat Licensee incurs dueto a lack of cooperation on the part of Licensee.This shall not apply if Licensee is not responsible for the lack of cooperation. In the event that the analysis should produce the result that a situation reported by Licensee is not attributable to a Software defect, Licensor has the right to charge Licensee with the expenses incurred in the error analysis, unless Licensee was unable to determine that no Software defect existed.
9.1 Licensor shall in no casebeliable for any claim or damagebasedupon
◦ (1) any damagecausedor non-conformity dueto (a) useof the Software (i) for any purpose other than the contractual purpose or in violation of the relevant statutory requirements and/or any guidelines issued by Licensor; or (ii) with any hardware or software not approved by Licensor for such purpose; or (b) modification of the Software by the Licensee;
◦ (2) damage due to loss of data if such damage could have been avoided by reasonableregular back-up;
◦ (3) damage which could have been prevented by examination of the work products of the Software or appropriate protection measuresagainst viruses or other malicious software.
9.2 Licensor shall be liable in damagesin connection with a breach of this EULA, including any non-conformity of the Software, whether basedon contract, tort or any other legal theory, whether for damageto property, persons, financial or any other loss, only (i) if and to the extent that Licensor cannot establish that such breach was not due to negligence imputable to Licensor and (ii) within the following limits:
◦ (1) Licensor shall be liable without limits in accordancewith applicable law with respect to (a) gross negligence or willful misconduct imputable to Licensor, (b) death of a natural person or personal injury to the latter caused by slight negligence imputable to Licensor, (c) mandatory statutory product liability, and/or(d) liability arising from a guaranteeofproperties.
◦ (2) Licensor shall be liable evenin the event of slight negligencefor breachof a Fundamental Duty under this EULA, provided that such liability shall exclude such damage as Licensor could not have reasonably foreseen at the time of concluding the EULA. A “Fundamental Duty” as used herein comprises any duty which must be fulfilled by Licensor in order to enable consummation of the EULA and the achievement of its purposes and fulfillment of which Licensee may reasonablyexpect in view of the content and purposes of the EULA such as the duty to consummatethis EULA in a timely manner and a manner which does not endanger the life or health or personal property of Licenseeand its personnel.
◦ (3) Except for liability under Sec.9.2(1), Licensor in no event shall be liable (or in any way legally responsible) for third party claims, lost profits, loss of business, loss of reputation or good will, and/or any other indirect or
◦ (4) Except for liability under Sec.9.2(1), and/or liability excluded under Sec.9.2(3), Licensor’ aggregateliability for all breachesof this Agreement shall be capped at an amount equivalent to the (net) cost of the purchased licenses per year.
9.3 This Sec. 9 shall not beconstruedto shift the statutory burdenof proof in any way.
9.4 Limitations of liability agreedin this EULA shall apply alsoto the personalliability of Licensor’s agents,officers andemployees.
10.1 The prescription period is limited
a) to one(1) year for claims basedon material defects;
b) to two (2) yearsfor claims basedin an infringement of third-party rights;
c) to two (2) years for claims for damages or compensation for futile expenditure that are not basedon material defects or an infringement of third- party rights.
10.2 Sec. 10.1 shall not apply to claims for damagesor compensation for expenditure that are basedon intent, gross negligence, guaranteeor fraudulent intent, or in the casesmentioned in Sec. 9.2(1) and 9.2(2).
10.3 The prescription period starts at the accrual of the claim, irrespective of knowledge of underlying facts.
11.1 The Parties agree to treat as confidential, also beyond the end of this EULA, all items (e.g. software, documents, information) that are protected by proprietary rights, contain trade or business secrets or are reasonably designated as being confidential (“Confidential Information”), of which they obtain knowledge or which are provided to them prior to or during performance of the contract by the other Party, unless such information becomespublicly known without a breach of the confidentiality obligation. The Parties shall keep and safeguard Confidential
Information in a mannerthat reasonably excludes accessby third parties.
11.2 Licensee shall ensure that it is in compliance with the applicable data protection laws.
11.3 In order to improve and further develop Licensor’s services, dataon the useof the Software is processedwithin the scope of Licensor's legitimate interests on the basis of Art. 6 (1) para. 1 lit. f GDPR. This data is used e.g., to improve "click paths" within the Software, to improve the quality and speed of support and to submit service offers basedon usage.Within the scope of thesepurposes, Licensor in particular processes:
◦ data regarding the system environment (Software, CAD, operating system, graphics card, CPU and memory versions used),
◦ data regarding the usage of the Software (frequency and duration of the functions usedand settings used), and
◦ the unique device ID, which uniquely identifies the computer.
Furthermore, this data is linked to the user login in order to enable a cross-device personalized analysis of usage.The user hasthe option to deactivate this linking of usagedata with his userlogin in the General Settings (under Licensing and Privacy, Send Personalized Usage Data). Further information on data processing, the rights of data subjects and contact details can be found under https://enscape3d.com/privacy/.
12.1 Notwithstanding the provisions above, Licenseemay assignrights under this EULA other than monetaryclaims only with the prior written consentof Licensor.
12.2 Amendments to this EULA (except for amendmentsasstipulated in Sec. 5.3) shall be in writing and signed by both parties to be effective. This applies to an amendmentof this Sec. 12.2 aswell.
12.3 Applicable law shall exclusively be Germanlaw to the exclusion of its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods(CISG) shall not apply.
12.4 All disputes arising under or in connection with this Agreement shall be submitted exclusively to the district court of Stuttgart, Germany (Landgericht Stuttgart) if
Licensee is a merchant, legal entity of public law or of special fund under public law or doesnot have a place of general jurisdiction in Germany. Either Party may also sue the other Party before the courts competent for the other Party’s registered seat, office or place of business.The right of either Party to claim injunctive relief before any competent court remains unaffected.
12.5 (Only applicable if Licenseeis a consumer) Licensor is obliged to inform Licensee that the EuropeanCommission provides an online platform to consumersfor online dispute resolution. This platform may be accessed at https://ec.europa.eu/consumers/odr. The e-mail address provided by Licensor for this purpose is: email@example.com. Licensor is, however, neither willing nor obliged to participate in suchdispute resolution procedure.
12.6 In the event that a provision of this EULA is or becomes,in part or in whole, the validity of other provisions shall remain unaffected. An invalid provision shall be replacedby such provision that is legally possible andclosest to the invalid oneand correspondsto the well understoodeconomic interests of both Parties.
Terms of the EULA Revised June06th 2021.
Enscapeaddressupdated March 8th 2021, all Terms and Conditions unchanged.
Appendix A – Trial Period
The Licensee may test the Software free of charge for a period of 14 days (“Trial Period”). The Trial Period startswith the provision of the licensekey by Licensor. With the expiry of the Trial Period Licensee’sright to usethe Software will automatically end.
The following provisions shall apply to the Trial Period and take precedenceover the generalprovisions of the EULA setin Sec.1 to 12:
The Licensor shall not be obliged to provide any level of maintenance, support or availability of the serverduring the Trial Period.
The statutory provisions of the German Civil Code shall apply in respect of the Licensor'swarranty andliability obligations.
Appendix B – Open Source Software Specific License Terms
Available via https://enscape3d.com/downloadable/Enscape_EULA/Appendix_B.pdf