END USER LICENSE AGREEMENT
By installing or using the Pux SA (the “Company”) product “Hard Mesh” (the
“Software”), you indicate your agreement to the terms of this End User
License Agreement (the “Agreement”). If you do not agree to the terms
herein, you are not authorized to copy or use the Software. The Software, all
images, photographs, icons, and text incorporated in the Software, is owned
by Company or its suppliers and is protected by Swiss copyright laws and
international treaty provisions. Except to the extent expressly licensed
herein, all rights are reserved to Company and its suppliers. You may not
reverse engineer, decompile or disassemble the Software except as set forth
herein.
ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE TERMS SET FORTH
BELOW. USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE
TERMS. IF YOU DO NOT ACCEPT THESE TERMS YOU ARE NOT AUTHORIZED
TO USE THIS SOFTWARE.
1. LICENSE GRANT
The Company grants you a non-exclusive, worldwide right and license to use
the executable version of the Software, where “use” in this Agreement means
storing, loading, installing or executing the Software. You may not modify
the Software or disable any licensing or control features of the Software. You
agree that you may not copy the written materials accompanying the
Software. You may not rent or lease your rights to the Software or
documentation. If you are an individual and this Agreement is for a single
license, you may install the Software only on one computer. If this Agreement
is for a multi-user (site) license, the number of computers on which the
Software is installed may not exceed the number of licenses purchased,
regardless of whether the computer is used by multiple users or not. You may
use this software in a networked environment on computers other than the
computer on which the software is installed provided that you have purchased
licenses for each computer that will use the software, regardless of whether
those computers will use the software at the same time or not.

2. OWNERSHIP
All right, title and interest in and to the Software is owned and copyrighted by
the Company or its third party suppliers. Your license confers neither title to
nor ownership in the Software and is not a sale of any rights in the Company.
Company third party suppliers may protect their rights in the event of any
violation of this License Agreement as if such suppliers were parties to this
License Agreement. No license is given to you under any patent or patent
application of Company.
3. COPIES AND ADAPTATIONS
No copies or adaptations are permitted.
4. NO DISASSEMBLY, RECOMPILATION OR DECRYPTION
You may not disassemble or decompile the Software unless Company prior
written consent is obtained. In some jurisdictions, Company consent may not
be required for limited disassembly or decompilation. Upon request, you will
provide Company with reasonably detailed information regarding any
disassembly or decompilation. You may not decrypt the Software
5. NO WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY
EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE
SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS”
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS. THE ENTIRE
RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS
WITH YOU.
6. NO LIABILITY FOR DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER
COMPANY NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFIT,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY
OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THE USE OR
INABILITY TO USE THIS SOFTWARE, EVEN IF COMPANY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. FURTHERMORE, THE COMPANY’S LIABILITY FOR DIRECT
DAMAGES SHALL NOT EXCEED THE LICENSE FEE, IF ANY, PAID BY YOU
DIRECTLY TO THE COMPANY FOR USE OF THE PRODUCT OR ANY LICENSE
FEE RECEIVED BY THE COMPANY FOR THE USE OF THE PRODUCT IF
PURCHASED THROUGH AN AUTHORIZED THIRD PARTY.
7. CUSTOMER REMEDIES
YOUR EXCLUSIVE REMEDY SHALL BE REFUND OF PART OR ALL OF THE
LICENSE FEE, IF ANY, PAID BY YOU FOR THE SOFTWARE.
8. INDEMNIFICATION
This Software is intended for use with data, media, files, and content for
which you have sufficient rights to, authority for, or ownership of. It is your
responsibility to ascertain whether copyrights, patents, or other licenses are
needed for the content that you use in conjunction with this Software. You
agree to hold harmless, indemnify and defend the Company, its officers,
directors, employees and third party suppliers against any loss, damage, fine,
or expense including attorney’s fees arising out of or related to any claim that
you have used this Software in violation of applicable laws in your jurisdiction.
It is your responsibility to abide by the laws of whichever jurisdiction you
reside in.
9. TERMINATION
This Agreement shall continue for the duration of Company copyright in the
Software, unless earlier terminated as provided herein. The Company may
terminate your license immediately without notice to you for your failure to
comply with any of the terms set forth in this Agreement. Upon termination,
you must immediately destroy the Software. Obligations to pay accrued
charges or fees shall survive the termination of this Agreement.
10. ASSIGNMENT AND NON-ASSIGNMENT
If you are an individual and this Agreement is for a single license, then this
license is personal to you but you may assign your rights under this
Agreement to a third party who agrees in writing to be bound to this
Agreement prior to the assignment and provided that you transfer all copies
of the Software, registration keys and/or codes, and related documentation to
the third party and destroy any copies not transferred. If you are an
individual and this Agreement is for a multi-user license, or you are not an
individual and are an entity, then you may not assign your rights under this
Agreement without the prior written permission of the Company. If you are
an entity that merges with or is acquired by another entity then your rights
under this Agreement shall be deemed to be temporarily assigned to the
resulting entity of that merge or acquisition provided that you supply the
Company with written notice not later than the date on which any public
announcement of that merger or acquisition is made. Upon receipt of written
notice, the Company shall have thirty (30) days to either accept or reject the
assignment of rights.
12. U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and any accompanying documentation have been developed
entirely at private expense. They are delivered and licensed as “commercial
computer software.” If this Software is acquired under the terms of a DOD or
civilian agency contract, use, reproduction or disclosure of the Software by
the Government is subject to the restrictions set forth in this License
Agreement in accordance with 48 C.F.R. 227.7202 or 48 C.F.R. 12.212,
respectively.
13. NEGATION OF PARTNERSHIP
Company shall not become or be deemed a partner or a joint venturer with
you by reason of the provisions of this license.
14. GOVERNING LAW AND FORUM
Irrespective of the place of execution or performance, this License Agreement
shall be governed and construed in accordance with the laws of a jurisdiction
of Switzerland. Any litigation to enforce or interpret the provisions of this
License Agreement or the parties’ rights or obligations arising out of this
License Agreement or the performance hereunder shall be maintained only in
the courts in the City of Lugano (CH), and the parties expressly consent to
personal jurisdiction in such courts. In the event that you breach this
Agreement or indicate your intention to breach this Agreement in any manner
that violates or may violate the Company’s intellectual property rights or may
cause continuing or irreparable harm to the Company, the Company may
seek injunctive relief in any court of competent jurisdiction. The United
Nations Convention on Contracts for the International Sale of Goods is
specifically disclaimed.
15. ENTIRE AGREEMENT
Unless otherwise expressly agreed in writing, this License Agreement
constitutes the sole and exclusive agreement between you and Company with
regard to the Software, and supersedes all prior agreements, whether oral or
written, and other communications between the parties relating to the subject
matter set forth herein.
If you have any questions regarding this License Agreement or if you wish to
request any information from Company, please contact the Company at the
info@pux-3d.com email address.