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Shapelab
END USER LICENSE AGREEMENT
https://shapelabvr.com/end-user-license-agreement
This End User License Agreement, also known as "EULA" or "License," outlines the terms and conditions under which Leopoly Kft. or one of its affiliates (referred to as "Leopoly" or "Licensor") grants the rights and sets the terms of use for the "Shapelab" software (referred to as the “Software”) to registered end users (referred to as “End Users”).
This EULA is applicable to licenses offered on Leopoly's official website https://shapelabvr.com/pricing as well as licenses acquired through third-party platforms. Under separate reseller agreements, the following resellers are authorized to sell the Software to the end user:
-Steam
-Meta „Link PC VR” store
-Viveport
It is essential that the End User fully accepts these license terms before installing, running, or using the Software. By utilizing the Software, the End User agrees to these terms.
General Provisions
Leopoly Kft, whose details are as follows, is the Licensor of this EULA worldwide, except within the USA:
-Company name: Leopoly Korlátolt Felelősségű Társaság
-Registered office: 6000 Kecskemét, Homokszem utca 3-5.
-Registration authority: the Company Registration Court of the Kecskemét Court
-Company registration number: 03-09-132201
-VAT number: 25185991-4-03
-Phone number: +36301097017
-Website: www.leopoly.com
Leopoly Next Inc, whose details are as follows, is the Licensor in the USA.
-Company name: Leopoly Next Inc.
-Registered office: San Mateo Clocktower, 3 E 3RD AVE San Mateo Clocktower, CA 94401
-Registration authority: State of California, USA
-Company registration number: 3592187
-VAT number: 46-3186817
-Phone number: +36301097017
-Website: www.leopoly.com
Upon downloading, installing, copying, or using the Software on personal hardware devices, this EULA becomes a binding agreement between the Licensor and the End User. According to these terms, Leopoly grants the End User specific rights to use the Software, with the End User agreeing to abide by the granted License terms. Furthermore, the End User agrees to pay a fee in accordance with the current published license fees as consideration for the chosen right of use. These fees are clearly specified by Leopoly (https://shapelabvr.com/pricing) or the third-party platform provider at the point of purchase.
If the End User downloads and/or uses the Software on behalf of a third party, the End User confirms that they are entering into the License agreement on behalf of said third party and have the authority to represent them. In such instances, these Terms of Use apply to the third party as well.
This EULA and any subsequent amendments are effective from the specified date of publication until a further amendment takes effect or until the EULA is completely revoked. The agreement between Leopoly and the End User is valid for a determined or undetermined period, and its terms remain in effect as long as the Software is stored on the End User's devices or actively used.
Usage of the Software is contingent upon the End User accepting Leopoly's Privacy Notice; failure to do so prohibits the End User from using the Software. Partial acceptance of the Privacy Notice is not permitted. If the End User declines or does not fully accept the Privacy Notice, Software usage is not allowed. Leopoly's Privacy Notice can be found on their website: https://shapelabvr.com/.
Description of the Software
The Shapelab software, developed by Leopoly, is an intuitive design application using dynamic polygon mesh-based 3D modelling technology that provides a range of powerful tools for developing high-quality 3D models for both everyday users and professional 3D designers.
Leopoly, in accordance with this EULA, grants the End Users specific rights of use and related services as outlined in this License. Leopoly does not offer any services beyond those explicitly stated in this EULA, it does not provide system monitoring or maintenance services for the Software.
Scope of License
The Software's copyright is owned entirely by Leopoly. Leopoly grants the End User the right to use the Software under this EULA but does not transfer the copyright. The source code or object code is not transferred to the End User in any form.
This license is for commercial and/or personal use (depending on the license type) and is associated with the End User's email-based identification, whereby Licensor provides the End User with a personal, worldwide, non-transferable, non-sublicensable, non-exclusive, limited license to install and use the licensed version of the Software.Leopoly reserves all rights not explicitly mentioned in this EULA. This includes ownership of copyright, design right, patent, trademark, know-how, and all other related rights to the Software, whether or not officially registered.
End User is granted the right to use the Software as per the terms of this EULA. Using the Software without accepting these terms or violating them constitutes a breach of Leopoly's copyright.
If the End User is accessing the software on behalf of a company, legal entity, or another individual, the user is agreeing to this License on behalf of that organization or individual. By doing so, the End User affirms that they are authorized to represent and legally bind the said company, legal entity, or individual to this License.
The End User has limited rights to use the Software under this EULA, which does not permit transfer to third parties, sale, or lease without Leopoly's written consent. End User cannot grant additional usage rights to a third party without Leopoly's express consent.
End User cannot reproduce, distribute, adapt, edit, or publicly display the Software without permission. Reverse engineering, modifying, reproducing, or distributing the Software is prohibited unless permitted by law.
Different levels of usage rights are provided based on the chosen license type. General rules and specific terms for each license type must be followed.
Leopoly may provide documentation for the Software but is not obligated to. Any provided documentation will be owned by Leopoly and subject to the EULA.
Leopoly will not provide maintenance and support of the Software under this License, unless otherwise specified in the respective license model.
End User's rights will cease upon agreement termination. In such cases, the End User must discontinue use and delete all Software copies.
End User must comply with Leopoly's copyright and the rules outlined in this section when using the Software. No additional usage rights are granted beyond what is specified, and modifying or removing proprietary notices is prohibited.
Fee-based License
Subscription License
Under a Subscription License, the End User is granted a time-limited, paid, non-exclusive, non-transferable, non-sub-licensable right to install the Software on one device. Throughout the Subscription License period, Leopoly will provide the End User with updates and upgrades for the Software, excluding other maintenance and support services.
The subscription period may be either monthly or annually. The Subscription License will renew automatically for the same period unless it is terminated by either Leopoly or the End User before the current term ends.
The license fee is determined based on the duration of the usage right. Payment of the license fee is required at the initial Software transfer and for each term extension. The End User must pay the license fee to access the usage right.
Perpetual License
Perpetual License Overview
Leopoly provides a Perpetual License for the Software, granting the End User a perpetual, remunerable, non-exclusive, non-sublicensable, non-transferable and personalized (based on the End User's email account) right to install and use the Software on up two (2) devices concurrently. Each version of the Perpetual License is considered a separate product. The updates associated with the perpetual license correspond to the software version for the specific calendar year of purchase, but the usage period for this updated Software is perpetual.
License Grant
Upon purchasing a specific perpetual version, the End User gains the right to use all features within that version, even those previously subject to a license fee. This right continues as long as the End User maintains a valid license for that version.
Updates and Maintenance
Leopoly will offer updates and bug fixes for the purchased perpetual version throughout the following calendar year. These updates can be downloaded from the Software or Leopoly's designated portal. After the calendar year ends, no guaranteed updates are provided.
Perpetual License Renewal
To receive updates for subsequent years, the End User can purchase a new version at the current price. Upgrading grants access to all features within the new version.
Payment
A one-time perpetual license fee is required for each specific version, determined and communicated by Leopoly at the point of purchase.
Termination
Either party may terminate the Perpetual License upon agreement breach. Failure to pay the license fee will also result in Software use termination.
Consequences of Infringing Use Rights
If the End User violates the EULA, Leopoly's copyright, or Software rights, Leopoly may immediately terminate the Agreement without notice.
In such instances, Leopoly can delete the End User's account and the End User must remove all Software copies from their devices entirely.
The End User is responsible for any copyright infringement and may face legal action as per the law.
3D models and other content created by the End User
The Software allows the End User to create and adjust 3D models and other content (referred to as "3D Models") using the Software. Importantly, the 3D models created by the End User are distinct from the Software and do not become part of the Software in any manner.
End User must adhere to the Software's specifications when creating 3D models. The content utilized in the 3D models (except for Shapelab Capsules) must be owned by the End User or used with proper rights. The 3D models should not contain inappropriate, illegal, or infringing content, nor malicious code that could harm the Software or other systems.
Leopoly may terminate the Agreement immediately if the End User breaches the provisions outlined in section 3.
End User is responsible for backing up and preserving the 3D models created while using the Software. Leopoly bears no responsibility for any data loss during Software operation or following Agreement termination.
Shapelab Capsules
Shapelab Capsules encompass various elements such as 3D models, materials, scripts, and digital settings that End Users can integrate into their 3D models created with the Software.
Leopoly or third-party authors own the copyrights and usage rights of Shapelab Capsules. End User does not gain copyright ownership through this Agreement or Shapelab Capsule usage; instead, limited usage rights as defined in section 3.2. are granted.
Subject to the EULA, Leopoly provides the End User with non-transferable rights to reproduce and modify Shapelab Capsules for use in 3D models created with the Software for the purpose of incorporating the Shapelab Capsules into content and materials created by End User. End User can incorporate Shapelab Capsules into their models during the Software usage period and indefinitely thereafter. However, the Shapelab Capsules cannot become the essence of the 3D model.
End User is prohibited from commercial distribution or standalone use of Shapelab Capsules. Additionally, registering Shapelab Capsules for legal protection is not allowed.
Leopoly may request End User to cease using a Shapelab Capsule if there's any doubt about its usage rights. In such cases, End User must comply promptly and ensure third parties follow suit.
Leopoly can revoke Shapelab Capsule usage rights at any time and cease further Shapelab Capsule usage.
License fees, Payment Terms
Leopoly provides two types of licenses for the Software: Subscription Package and Perpetual License.
Subscription License: This option grants access to all Software features, continuously updated to the latest version, with monthly and annual billing choices available. The fees for each subscription plan will be clearly communicated during purchase.
Perpetual License: End Users receive access to all features in a specific version with a one-time perpetual license fee per version. The fee will be clearly specified by Leopoly or the third-party platform provider at the time of purchase.
Leopoly reserves the right to adjust license fees and payment terms. Any amendments will be notified at least thirty (30) days before taking effect via Leopoly's website, email, or within the Software. If the End User rejects the changes, they can terminate the Agreement immediately. Otherwise, continued use of chargeable features post-update will signify acceptance of the modifications.
For purchases made at a point of sale as per Section 8.1. the End User will receive information on payment methods and terms before making the purchase. Leopoly is not responsible for point of sale transactions and settlement issues.
Failure to pay license fees may result in Leopoly suspending access to chargeable features until the fees are settled. No compensation will be given for service suspensions.
If the Agreement is terminated before the paid license fee period ends, Leopoly is not obligated to refund the license fees already paid. The paid amount may be retained as a penalty for early termination.
If the End User fails to pay the license fee by the specified deadline, the License will terminate, and the End User will lose the right to access the software.
Warranty
The End User acknowledges that Leopoly provides the Software in its current technological state, functionality, performance, and quality, including any existing defects, on an "as is" basis.
The End User acknowledges that the Software may contain errors that could lead to disruptions, system downtime, data loss, or infringement of third-party rights. Leopoly is not obligated to fix defects, maintain the Software technically, or restore failed systems or lost data.
Leopoly disclaims any warranties regarding the Software's quality, functionality, performance, or fitness for specific purposes. It does not guarantee that the Software will meet End User requirements, operate uninterrupted and error-free, or that any defects will be corrected. Compatibility with other Leopoly products/services is not assured, and Leopoly shall not be liable for any consequences arising from Software usage.
The warranty for the Fee-based License differs from the general warranty in section 8.1 as Leopoly only warrants the Software's functional use against a fee payment as per applicable legislation.
In case of Software function failure under fee-based use, the End User must provide detailed information on the issue to Leopoly for corrective action.
For reporting errors, contact Leopoly via email at [email protected].
Leopoly warrants that it exclusively owns all copyrights and usage rights in the Software to grant End Users the necessary rights under this EULA.
Leopoly ensures that no third party claims rights in the Software impeding End User use. In case of copyright infringement claims by third parties, the End User must promptly notify Leopoly and collaborate on the defense.
The warranty in section 9. does not extend to 3D models created by the End User. End User is solely responsible if a 3D model infringes third-party rights.
End User must enforce warranty rights within one year from the software's performance date unless a different timeframe is mandated by law. Mandatory legal provisions take precedence in determining warranty duration.
Limitation of Liability
Leopoly's liability is excluded to the fullest extent permitted by law, except in cases of intentional contract breach or harm to life, limb, or health.
Indirect and consequential damages, such as lost profits, business opportunities, or damage to reputation, are not covered. Leopoly does not accept responsibility for IT system damage, data loss, impacted operations, or damages from hedging contracts.
End Users bear full responsibility for downloading, installing, and using the Software on their devices. Leopoly is not liable for any arising damages to the End User or third parties, including IT system issues or data loss.
Leopoly disclaims all liability if an End User breaches EULA provisions during Software use.
Liability for 3D models created by End Users rests solely with the creator, even if shared with others. Leopoly disclaims any responsibility for 3D model content or its nature.
Leopoly is not liable for content published on platforms related to the Software. End Users are accountable for any damages from such content and must indemnify Leopoly against related claims.
While Leopoly strives for proper Software functioning, it disclaims liability for errors or shortcomings, and End Users use the Software at their own risk.
Third-party website or application elements in the Software have links provided by Leopoly; they are used at the End User's risk, and Leopoly disclaims liability for their content.
Modifications to the Software, including restrictions of access or termination, are not Leopoly's liability.
Leopoly's liability for damages is capped at one month's paid license fee amount.
If applicable laws prohibit liability exclusion, Leopoly's liability will comply with those laws.
End Users must promptly notify Leopoly in writing of any damage claims within thirty days and must mitigate the damages. Failure to do so may impact liability. End Users must provide necessary documents for claim assessment and act honestly in support of their claim.
Term and Termination of the EULA
The EULA for the Software usage is established between Leopoly and the End User for a duration determined by the type of license chosen by the End User.
Leopoly reserves the right to terminate the EULA immediately if the End User violates the EULA terms, including user rights, or if Leopoly discontinues the Software.
The End User can terminate the EULA at any time.
Upon EULA termination, Leopoly will remove the End User's account and provided email address. The End User must cease Software usage, delete it from all devices, and Leopoly will not refund any previously paid license fees upon termination.
Even after termination, if the End User continues using the Software, they must adhere to the EULA terms during the ongoing usage period, even if the usage might seem infringing.
Changes to the EULA
Leopoly can unilaterally modify these EULA wholly or partially at any time, reflecting the adjusted terms within the updated EULA.
A notification of the modification will be provided to the End User at least 30 days before enforcement by posting on the website.
In case of EULA modifications, the End User can terminate the EULA within the specified timeframe, unless the changes are irrelevant to the End User's situation or are beneficial to them.
Other Provisions
Confidentiality
13.1.1. Both Leopoly and the End User agree to treat confidential and undisclosed information about each other's activities as trade secrets, refraining from sharing or disclosing such information to any third party.
13.1.2. Leopoly may work with 3D model builders and developers whose products resemble those created by the End User. Feedback provided by the End User, including on 3D models, is not considered confidential. Leopoly can utilize this information without restriction. The End User indemnifies Leopoly against any liabilities related to this information.
Entire EULA
These EULA represent the full license agreement between Leopoly and the End User concerning Software use, superseding any prior verbal or written agreements on the same subject matter.
Partial Invalidity
The invalidity of any EULA provision does not impact the validity of the remaining provisions.
Legal Declarations
Failure to exercise a legal right does not indicate a waiver of that right, and Leopoly can exercise the right at a later time.
Notifications
Leopoly and the End Users are required to provide any declarations related to the EULA in writing. An email declaration is considered equivalent to a written communication. Leopoly may use the contact details provided by the End User during registration for legal notifications.
In terms of receiving or serving a declaration, notice, or communication:
a) Personal delivery counts when the other Party acknowledges receipt by signature or by refusing to accept it.
b) For postal deliveries, if the addressee rejects a notice of termination or other statement by post, it is considered served on the attempted service date. If unsuccessful due to the addressee not being available, the document is served on the fifth working day after the service attempt.
c) Electronic deliveries, like emails, are considered received the day after being sent.
Provisions Remaining Applicable After Termination
The EULA provisions that bind the Parties after termination will persist, including those on limitation of liability, confidentiality, personal data protection, intellectual property rights, and dispute resolution.
Language
English is the official language for the EULA and related agreements.
Governing Law
Hungarian law, specifically Act LXXVI of 1999 on copyright, Act CVIII of 2001 on e-commerce services and information society services, and Act V of 2013 on the Civil Code, govern the EULA.
Legal Disputes
Ordinary Hungarian courts handle legal disputes between Leopoly and the End Users per the rules of Act CXXX of 2016 on the Code of Civil Procedure.
In cases of Software download from a webshop, Leopoly does not intervene in disputes between the webshop and the End User.
If any person claims against Leopoly due to an End User's infringement or improper Software use, the End User involved must absolve Leopoly from such claims promptly and comprehensively, covering all demands, including unknown ones.
END USER LICENSE AGREEMENT
https://shapelabvr.com/end-user-license-agreement
This End User License Agreement, also known as "EULA" or "License," outlines the terms and conditions under which Leopoly Kft. or one of its affiliates (referred to as "Leopoly" or "Licensor") grants the rights and sets the terms of use for the "Shapelab" software (referred to as the “Software”) to registered end users (referred to as “End Users”).
This EULA is applicable to licenses offered on Leopoly's official website https://shapelabvr.com/pricing as well as licenses acquired through third-party platforms. Under separate reseller agreements, the following resellers are authorized to sell the Software to the end user:
-Steam
-Meta „Link PC VR” store
-Viveport
It is essential that the End User fully accepts these license terms before installing, running, or using the Software. By utilizing the Software, the End User agrees to these terms.
General Provisions
Leopoly Kft, whose details are as follows, is the Licensor of this EULA worldwide, except within the USA:
-Company name: Leopoly Korlátolt Felelősségű Társaság
-Registered office: 6000 Kecskemét, Homokszem utca 3-5.
-Registration authority: the Company Registration Court of the Kecskemét Court
-Company registration number: 03-09-132201
-VAT number: 25185991-4-03
-Phone number: +36301097017
-Website: www.leopoly.com
Leopoly Next Inc, whose details are as follows, is the Licensor in the USA.
-Company name: Leopoly Next Inc.
-Registered office: San Mateo Clocktower, 3 E 3RD AVE San Mateo Clocktower, CA 94401
-Registration authority: State of California, USA
-Company registration number: 3592187
-VAT number: 46-3186817
-Phone number: +36301097017
-Website: www.leopoly.com
Upon downloading, installing, copying, or using the Software on personal hardware devices, this EULA becomes a binding agreement between the Licensor and the End User. According to these terms, Leopoly grants the End User specific rights to use the Software, with the End User agreeing to abide by the granted License terms. Furthermore, the End User agrees to pay a fee in accordance with the current published license fees as consideration for the chosen right of use. These fees are clearly specified by Leopoly (https://shapelabvr.com/pricing) or the third-party platform provider at the point of purchase.
If the End User downloads and/or uses the Software on behalf of a third party, the End User confirms that they are entering into the License agreement on behalf of said third party and have the authority to represent them. In such instances, these Terms of Use apply to the third party as well.
This EULA and any subsequent amendments are effective from the specified date of publication until a further amendment takes effect or until the EULA is completely revoked. The agreement between Leopoly and the End User is valid for a determined or undetermined period, and its terms remain in effect as long as the Software is stored on the End User's devices or actively used.
Usage of the Software is contingent upon the End User accepting Leopoly's Privacy Notice; failure to do so prohibits the End User from using the Software. Partial acceptance of the Privacy Notice is not permitted. If the End User declines or does not fully accept the Privacy Notice, Software usage is not allowed. Leopoly's Privacy Notice can be found on their website: https://shapelabvr.com/.
Description of the Software
The Shapelab software, developed by Leopoly, is an intuitive design application using dynamic polygon mesh-based 3D modelling technology that provides a range of powerful tools for developing high-quality 3D models for both everyday users and professional 3D designers.
Leopoly, in accordance with this EULA, grants the End Users specific rights of use and related services as outlined in this License. Leopoly does not offer any services beyond those explicitly stated in this EULA, it does not provide system monitoring or maintenance services for the Software.
Scope of License
The Software's copyright is owned entirely by Leopoly. Leopoly grants the End User the right to use the Software under this EULA but does not transfer the copyright. The source code or object code is not transferred to the End User in any form.
This license is for commercial and/or personal use (depending on the license type) and is associated with the End User's email-based identification, whereby Licensor provides the End User with a personal, worldwide, non-transferable, non-sublicensable, non-exclusive, limited license to install and use the licensed version of the Software.Leopoly reserves all rights not explicitly mentioned in this EULA. This includes ownership of copyright, design right, patent, trademark, know-how, and all other related rights to the Software, whether or not officially registered.
End User is granted the right to use the Software as per the terms of this EULA. Using the Software without accepting these terms or violating them constitutes a breach of Leopoly's copyright.
If the End User is accessing the software on behalf of a company, legal entity, or another individual, the user is agreeing to this License on behalf of that organization or individual. By doing so, the End User affirms that they are authorized to represent and legally bind the said company, legal entity, or individual to this License.
The End User has limited rights to use the Software under this EULA, which does not permit transfer to third parties, sale, or lease without Leopoly's written consent. End User cannot grant additional usage rights to a third party without Leopoly's express consent.
End User cannot reproduce, distribute, adapt, edit, or publicly display the Software without permission. Reverse engineering, modifying, reproducing, or distributing the Software is prohibited unless permitted by law.
Different levels of usage rights are provided based on the chosen license type. General rules and specific terms for each license type must be followed.
Leopoly may provide documentation for the Software but is not obligated to. Any provided documentation will be owned by Leopoly and subject to the EULA.
Leopoly will not provide maintenance and support of the Software under this License, unless otherwise specified in the respective license model.
End User's rights will cease upon agreement termination. In such cases, the End User must discontinue use and delete all Software copies.
End User must comply with Leopoly's copyright and the rules outlined in this section when using the Software. No additional usage rights are granted beyond what is specified, and modifying or removing proprietary notices is prohibited.
Fee-based License
Subscription License
Under a Subscription License, the End User is granted a time-limited, paid, non-exclusive, non-transferable, non-sub-licensable right to install the Software on one device. Throughout the Subscription License period, Leopoly will provide the End User with updates and upgrades for the Software, excluding other maintenance and support services.
The subscription period may be either monthly or annually. The Subscription License will renew automatically for the same period unless it is terminated by either Leopoly or the End User before the current term ends.
The license fee is determined based on the duration of the usage right. Payment of the license fee is required at the initial Software transfer and for each term extension. The End User must pay the license fee to access the usage right.
Perpetual License
Perpetual License Overview
Leopoly provides a Perpetual License for the Software, granting the End User a perpetual, remunerable, non-exclusive, non-sublicensable, non-transferable and personalized (based on the End User's email account) right to install and use the Software on up two (2) devices concurrently. Each version of the Perpetual License is considered a separate product. The updates associated with the perpetual license correspond to the software version for the specific calendar year of purchase, but the usage period for this updated Software is perpetual.
License Grant
Upon purchasing a specific perpetual version, the End User gains the right to use all features within that version, even those previously subject to a license fee. This right continues as long as the End User maintains a valid license for that version.
Updates and Maintenance
Leopoly will offer updates and bug fixes for the purchased perpetual version throughout the following calendar year. These updates can be downloaded from the Software or Leopoly's designated portal. After the calendar year ends, no guaranteed updates are provided.
Perpetual License Renewal
To receive updates for subsequent years, the End User can purchase a new version at the current price. Upgrading grants access to all features within the new version.
Payment
A one-time perpetual license fee is required for each specific version, determined and communicated by Leopoly at the point of purchase.
Termination
Either party may terminate the Perpetual License upon agreement breach. Failure to pay the license fee will also result in Software use termination.
Consequences of Infringing Use Rights
If the End User violates the EULA, Leopoly's copyright, or Software rights, Leopoly may immediately terminate the Agreement without notice.
In such instances, Leopoly can delete the End User's account and the End User must remove all Software copies from their devices entirely.
The End User is responsible for any copyright infringement and may face legal action as per the law.
3D models and other content created by the End User
The Software allows the End User to create and adjust 3D models and other content (referred to as "3D Models") using the Software. Importantly, the 3D models created by the End User are distinct from the Software and do not become part of the Software in any manner.
End User must adhere to the Software's specifications when creating 3D models. The content utilized in the 3D models (except for Shapelab Capsules) must be owned by the End User or used with proper rights. The 3D models should not contain inappropriate, illegal, or infringing content, nor malicious code that could harm the Software or other systems.
Leopoly may terminate the Agreement immediately if the End User breaches the provisions outlined in section 3.
End User is responsible for backing up and preserving the 3D models created while using the Software. Leopoly bears no responsibility for any data loss during Software operation or following Agreement termination.
Shapelab Capsules
Shapelab Capsules encompass various elements such as 3D models, materials, scripts, and digital settings that End Users can integrate into their 3D models created with the Software.
Leopoly or third-party authors own the copyrights and usage rights of Shapelab Capsules. End User does not gain copyright ownership through this Agreement or Shapelab Capsule usage; instead, limited usage rights as defined in section 3.2. are granted.
Subject to the EULA, Leopoly provides the End User with non-transferable rights to reproduce and modify Shapelab Capsules for use in 3D models created with the Software for the purpose of incorporating the Shapelab Capsules into content and materials created by End User. End User can incorporate Shapelab Capsules into their models during the Software usage period and indefinitely thereafter. However, the Shapelab Capsules cannot become the essence of the 3D model.
End User is prohibited from commercial distribution or standalone use of Shapelab Capsules. Additionally, registering Shapelab Capsules for legal protection is not allowed.
Leopoly may request End User to cease using a Shapelab Capsule if there's any doubt about its usage rights. In such cases, End User must comply promptly and ensure third parties follow suit.
Leopoly can revoke Shapelab Capsule usage rights at any time and cease further Shapelab Capsule usage.
License fees, Payment Terms
Leopoly provides two types of licenses for the Software: Subscription Package and Perpetual License.
Subscription License: This option grants access to all Software features, continuously updated to the latest version, with monthly and annual billing choices available. The fees for each subscription plan will be clearly communicated during purchase.
Perpetual License: End Users receive access to all features in a specific version with a one-time perpetual license fee per version. The fee will be clearly specified by Leopoly or the third-party platform provider at the time of purchase.
Leopoly reserves the right to adjust license fees and payment terms. Any amendments will be notified at least thirty (30) days before taking effect via Leopoly's website, email, or within the Software. If the End User rejects the changes, they can terminate the Agreement immediately. Otherwise, continued use of chargeable features post-update will signify acceptance of the modifications.
For purchases made at a point of sale as per Section 8.1. the End User will receive information on payment methods and terms before making the purchase. Leopoly is not responsible for point of sale transactions and settlement issues.
Failure to pay license fees may result in Leopoly suspending access to chargeable features until the fees are settled. No compensation will be given for service suspensions.
If the Agreement is terminated before the paid license fee period ends, Leopoly is not obligated to refund the license fees already paid. The paid amount may be retained as a penalty for early termination.
If the End User fails to pay the license fee by the specified deadline, the License will terminate, and the End User will lose the right to access the software.
Warranty
The End User acknowledges that Leopoly provides the Software in its current technological state, functionality, performance, and quality, including any existing defects, on an "as is" basis.
The End User acknowledges that the Software may contain errors that could lead to disruptions, system downtime, data loss, or infringement of third-party rights. Leopoly is not obligated to fix defects, maintain the Software technically, or restore failed systems or lost data.
Leopoly disclaims any warranties regarding the Software's quality, functionality, performance, or fitness for specific purposes. It does not guarantee that the Software will meet End User requirements, operate uninterrupted and error-free, or that any defects will be corrected. Compatibility with other Leopoly products/services is not assured, and Leopoly shall not be liable for any consequences arising from Software usage.
The warranty for the Fee-based License differs from the general warranty in section 8.1 as Leopoly only warrants the Software's functional use against a fee payment as per applicable legislation.
In case of Software function failure under fee-based use, the End User must provide detailed information on the issue to Leopoly for corrective action.
For reporting errors, contact Leopoly via email at [email protected].
Leopoly warrants that it exclusively owns all copyrights and usage rights in the Software to grant End Users the necessary rights under this EULA.
Leopoly ensures that no third party claims rights in the Software impeding End User use. In case of copyright infringement claims by third parties, the End User must promptly notify Leopoly and collaborate on the defense.
The warranty in section 9. does not extend to 3D models created by the End User. End User is solely responsible if a 3D model infringes third-party rights.
End User must enforce warranty rights within one year from the software's performance date unless a different timeframe is mandated by law. Mandatory legal provisions take precedence in determining warranty duration.
Limitation of Liability
Leopoly's liability is excluded to the fullest extent permitted by law, except in cases of intentional contract breach or harm to life, limb, or health.
Indirect and consequential damages, such as lost profits, business opportunities, or damage to reputation, are not covered. Leopoly does not accept responsibility for IT system damage, data loss, impacted operations, or damages from hedging contracts.
End Users bear full responsibility for downloading, installing, and using the Software on their devices. Leopoly is not liable for any arising damages to the End User or third parties, including IT system issues or data loss.
Leopoly disclaims all liability if an End User breaches EULA provisions during Software use.
Liability for 3D models created by End Users rests solely with the creator, even if shared with others. Leopoly disclaims any responsibility for 3D model content or its nature.
Leopoly is not liable for content published on platforms related to the Software. End Users are accountable for any damages from such content and must indemnify Leopoly against related claims.
While Leopoly strives for proper Software functioning, it disclaims liability for errors or shortcomings, and End Users use the Software at their own risk.
Third-party website or application elements in the Software have links provided by Leopoly; they are used at the End User's risk, and Leopoly disclaims liability for their content.
Modifications to the Software, including restrictions of access or termination, are not Leopoly's liability.
Leopoly's liability for damages is capped at one month's paid license fee amount.
If applicable laws prohibit liability exclusion, Leopoly's liability will comply with those laws.
End Users must promptly notify Leopoly in writing of any damage claims within thirty days and must mitigate the damages. Failure to do so may impact liability. End Users must provide necessary documents for claim assessment and act honestly in support of their claim.
Term and Termination of the EULA
The EULA for the Software usage is established between Leopoly and the End User for a duration determined by the type of license chosen by the End User.
Leopoly reserves the right to terminate the EULA immediately if the End User violates the EULA terms, including user rights, or if Leopoly discontinues the Software.
The End User can terminate the EULA at any time.
Upon EULA termination, Leopoly will remove the End User's account and provided email address. The End User must cease Software usage, delete it from all devices, and Leopoly will not refund any previously paid license fees upon termination.
Even after termination, if the End User continues using the Software, they must adhere to the EULA terms during the ongoing usage period, even if the usage might seem infringing.
Changes to the EULA
Leopoly can unilaterally modify these EULA wholly or partially at any time, reflecting the adjusted terms within the updated EULA.
A notification of the modification will be provided to the End User at least 30 days before enforcement by posting on the website.
In case of EULA modifications, the End User can terminate the EULA within the specified timeframe, unless the changes are irrelevant to the End User's situation or are beneficial to them.
Other Provisions
Confidentiality
13.1.1. Both Leopoly and the End User agree to treat confidential and undisclosed information about each other's activities as trade secrets, refraining from sharing or disclosing such information to any third party.
13.1.2. Leopoly may work with 3D model builders and developers whose products resemble those created by the End User. Feedback provided by the End User, including on 3D models, is not considered confidential. Leopoly can utilize this information without restriction. The End User indemnifies Leopoly against any liabilities related to this information.
Entire EULA
These EULA represent the full license agreement between Leopoly and the End User concerning Software use, superseding any prior verbal or written agreements on the same subject matter.
Partial Invalidity
The invalidity of any EULA provision does not impact the validity of the remaining provisions.
Legal Declarations
Failure to exercise a legal right does not indicate a waiver of that right, and Leopoly can exercise the right at a later time.
Notifications
Leopoly and the End Users are required to provide any declarations related to the EULA in writing. An email declaration is considered equivalent to a written communication. Leopoly may use the contact details provided by the End User during registration for legal notifications.
In terms of receiving or serving a declaration, notice, or communication:
a) Personal delivery counts when the other Party acknowledges receipt by signature or by refusing to accept it.
b) For postal deliveries, if the addressee rejects a notice of termination or other statement by post, it is considered served on the attempted service date. If unsuccessful due to the addressee not being available, the document is served on the fifth working day after the service attempt.
c) Electronic deliveries, like emails, are considered received the day after being sent.
Provisions Remaining Applicable After Termination
The EULA provisions that bind the Parties after termination will persist, including those on limitation of liability, confidentiality, personal data protection, intellectual property rights, and dispute resolution.
Language
English is the official language for the EULA and related agreements.
Governing Law
Hungarian law, specifically Act LXXVI of 1999 on copyright, Act CVIII of 2001 on e-commerce services and information society services, and Act V of 2013 on the Civil Code, govern the EULA.
Legal Disputes
Ordinary Hungarian courts handle legal disputes between Leopoly and the End Users per the rules of Act CXXX of 2016 on the Code of Civil Procedure.
In cases of Software download from a webshop, Leopoly does not intervene in disputes between the webshop and the End User.
If any person claims against Leopoly due to an End User's infringement or improper Software use, the End User involved must absolve Leopoly from such claims promptly and comprehensively, covering all demands, including unknown ones.