Software License Agreement Please read this software license agreement carefully before using the Software. By using the Software, you are agreeing to be bound by the terms of this License; if you don't agree to the terms of this License, click “I do not accept the agreement” and do not use the software. By choosing “I accept the agreement” you accept the terms and conditions of this License. The Software is licensed to you only to process non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to process. If you are uncertain about your right you should contact your legal advisor. THIS IS AN EDUCATIONAL VERSION, LICENSED ONLY TO ENROLLED STUDENTS AND EMPLOYEES OF DEGREE-GRANTING EDUCATIONAL INSTITUTION. ONLY PUBLIC OR PRIVATE SCHOOLS, COLLEGES, UNIVERSITIES AND OTHER POST SECONDARY EDUCATIONAL INSTITUTIONS THAT MEET THE FOLLOWING CRITERIA ARE QUALIFIED TO RECEIVE THIS LICENSES: - YOU ARE A PUBLIC OR PRIVATE SCHOOL, COLLEGE, UNIVERSITY OR OTHER POST SECONDARY EDUCATIONAL INSTITUTION; - YOU PLAN TO USE THE SOFTWARE FOR INSTRUCTIONAL PURPOSES IN CLASSES FOR FULL-TIME, DEGREE-, DIPLOMA- OR CERTIFICATE-SEEKING STUDENTS; - YOU WILL NOT USE THE FILES CREATED BY THE SOFTWARE FOR COMMERCIAL PURPOSES OR ENABLE OTHERS TO USE THE FILES CREATED BY THE SOFTWARE FOR COMMERCIAL PURPOSES; - YOU WILL USE THE SOFTWARE ON COMPUTERS YOU OWN OR LEASE THAT ARE LOCATED ON YOUR CAMPUS OR IN YOUR LABORATORIES OR ALLOW FOR THE USE OF THE SOFTWARE ON COMPUTERS THAT ARE USED BY FULL-TIME, DEGREE-, DIPLOMA- AND CERTIFICATE-SEEKING STUDENTS OR FULL-TIME STAFF IN FURTHERANCE OF THEIR EDUCATION. 1. Definitions “3Dflow” means 3Dflow srl, a company organized under the Italian laws, registered office at Strada Le Grazie 15, Verona, Italy - VAT number: 04045030238 “Computer” means a virtual machine or physical personal electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. “Educational institution” means a public or private school, college, university and other post secondary educational establishment. “Education purposes” means (i) in the case of employees (faculty and academic staff), performing software administration and teaching; and (ii) in the case of enrolled students, meeting classroom requirements of courses and study offered by the educational institution. Any other use is expressly prohibited. “License” means this educational end-user license agreement between you and 3Dflow. “License Certificate” means evidence of a license provided by 3Dflow to Licensee in electronic or printed form. “Licensee” or “You” means (i) the Educational institution specified in the License Certificate, or (ii) the individual who is a student, faculty or staff member at an Educational institution. “Software” means the programs 3DF Zephyr, 3DF Scarlet, 3DF Masquerade, including the original and all whole or partial copies: a) machine-readable instructions and data b) components, files, and modules c) audio-visual content (such as images, text, recordings, or pictures) d) related licensed materials (such as documentation) e) upgrades, modified versions, updates, additions, and copies. “Third Party Software” means the third party software programs and components that are owned and licensed by parties other than 3Dflow and that are integrated with or made part of the Software. “Use” means to download, install, access, use the functionality of the Software, subject to compliance with the terms of the License. “3DF Zephyr” means a software designed and provided by 3Dflow for the automatic extraction of three-dimensional structures from two-dimensional image sequences: the application allows the user to capture real world objects and scenes and digitally represent them by means of sparse point clouds, dense point clouds and triangular meshes; the results can be rendered and analyzed or exported to common file formats. “3DF Scalet” means a software designed and provided by 3Dflow for the laser scans registration and management. “3DF Masquerade” means a software designed and provided by 3Dflow for extracting masks from images. 2. Software License The Software is licensed, not sold, to you by 3Dflow for use only under the terms of this License, and 3Dflow reserves all rights not expressly granted to you. The rights granted herein are limited to 3Dflow's intellectual property rights in the Software and do not include any other patents or intellectual property rights. If you use virtualization software to create one or more virtual computers on a single computer hardware system, each virtual computer, and the physical computer, is considered a separate computer for purposes of this agreement. This license allows you to install only one copy of the Software for use on one computer, whether that computer is physical or virtual. If you want to use the Software on more than one virtual computer, you must obtain separate copies of the Software and a separate license for each copy. Content protected by digital rights management technology or other full-volume disk drive encryption technology may be less secure in a virtualized environment. You must inform 3Dflow of the maximum number of potential users of the licenses you purchase. The Software may only be loaded and used on computers owned or leased by the Educational institution or on computers that are used by full-time, degree-, diploma- and certificate-seeking students in furtherance of their education. You shall (i) keep records of the serial numbers and locations of all licenses of the Software, (ii) supervise and control the use of the Software in accordance with the terms of this Agreement. 3. Permitted uses and restrictions 3Dflow grants to you a unlimited, non-exclusive, non-transferable, free of charge License to Use a copy of the Software under the following conditions. You must be either an enrolled student or employee of a degree-granting educational institution. This License permits you to: a) install and use the Software that has been specified in License Certificate; b) use the Software for non-commercial, Educational purposes only; c) make a backup copy of the Software. d) publish results obtained with the Software in the scientific literature. You agree that you shall not, under any circumstances: a) sell, grant an interest in or transfer reproductions of the Software to other parties in any way not expressly authorized herein, nor rent, lease or license the Software to others; b) exploit the Software or any of its parts for any commercial purpose; c) provide access (directly or indirectly) to the Software via a web or network applications; d) distribute or share the Software; e) transfer or assign the License or your rights and obligations in whole or in part, to another party; f) decompile, reverse engineer, disassemble, translate or adapt, modify, decrypt, incorporate the Software, in part or in whole, into any other program; g) remove, alter, or obscure any proprietary notices, labels, or marks included in the Software; h) exploit the Software other than for Education purposes; 4. Terms 3Dflow may immediately terminate this License if you fail to comply with any term therein. Upon termination or expiration of this License: (a) all rights and licenses granted to you under this License with respect to the Software will terminate; (b) you shall destroy all copies of the Software in your possession. All provisions relating to confidentiality and ownership shall survive the termination of this License. 5. Warranty disclaimer The Software is delivered to you “as is” and with all faults; 3Dflow does not and cannot warrant the performance or results you may obtain by using the Software. Except to the extent any warranty, condition, representation, or term cannot or may not be excluded or limited by law applicable to you in your jurisdiction, 3Dflow makes no warranties conditions, representations or terms (express or implied) as to any matter including without limitation non infringement of third party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose. 3Dflow does not warrant against interference with your enjoyment of the Software, that the functions contained in or services performed by the Software will meet your requirements, that the operation of the Software and services will be uninterrupted or error-free, that any service will continue to be made available, that defects in the Software will be corrected, or that the Software will be compatible or work with any third party software, applications or third party services. Installation of this Software may affect the usability of third party software, applications or third party services. No oral or written information or advice given by 3Dflow shall create a warranty. Should the Software prove defective, you assume the entire cost of all necessary servicing, repair or correction. 6. Limitation of liability To the extent not prohibited by applicable law, in no event shall 3Dflow be liable to you or any third party for personal injury or any incidental, special, indirect or consequential damages whatsoever, including, but not limited to, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to your use of or inability to use the Software or services or any third party software or applications in conjunction with the Software, however caused, regardless of the theory of liability (contract, tort or otherwise). Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. 7. Privacy You acknowledge and agree that if your Computer is connected to the Internet, the Software may, without additional notice, check for updates that are available for automatic download and installation to your Computer and you let 3Dflow know the Software is successfully installed. When this happens only non-personally identifying information is transmitted to 3Dflow, except IP Addresses and MAC Addresses. You may also transmit anonymous camera calibration data to 3Dflow, this option can be disabled anytime. You may also transmit your status to Discord service when installed, this option can be disabled anytime. The Software integrates Discord via the official Discord SDK (discordapp.com). The following features: benchmark, online preset sharing and camera calibration downloader; require some anyonymous data to be sent to the 3Dflow's server. This actions must be explicitly done by the user. 8. Publicity. Licensee agrees that 3Dflow may include Licensee's name or Brand Features in a list of 3Dflow customers, online or in promotional materials. Licensee also agrees that 3Dflow may verbally reference Licensee as a customer of the 3Dflow products or services that are the subject of this Agreement. 9. European Union Provisions Nothing included in this License shall limit any non-waivable right to decompile the Software that you may enjoy under mandatory law. If you are located in the European Union (EU), you may have the right upon certain conditions specified in the applicable law to decompile the Software if it is necessary to do so in order to achieve interoperability of the Software with another software program, and you have first asked 3Dflow in writing to provide the information necessary to achieve such interoperability and 3Dflow has not made such information available. In addition, such decompilation may only be done by you or someone else entitled to use a copy of the Software on your behalf. 3Dflow has the right to impose reasonable conditions before providing such information. Any information supplied by 3Dflow or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software or used for any other act which infringes 3Dflow’s copyright. 10. Controlling Law - Jurisdiction This License will be governed by and construed in accordance with the Italian laws. The court of Milan (Italy) will have exclusive jurisdiction over every action or legal proceeding that may arise from any dispute. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. The English version of this agreement will be the version used when interpreting or construing this agreement. 11. Changes to the License 3Dflow reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this License effective upon prior notice as follows. 3Dflow will post notification of any such changes to this License on the website and may provide such other notice as 3Dflow may elect in its sole discretion. If any future changes to this License are unacceptable to you, you may terminate this License in accordance by permanently deleting any copy of the Software. Your installation and use of any updates or modifications to the Software or your continued use of the Software following notice of changes to this License will demonstrate your acceptance of any and all such changes. 12. Third party The Software contains Third Party Software. Ownership of Third Party Software and the intellectual property rights associated therewith are and remain the sole and exclusively property of the respective third party. Terms and conditions of third parties may apply to Third Party Software, as well as to free software and/or open source software embedded in and/or distributed together with the Software. You agree to indemnify and hold harmless 3DFlow from and against any loss, claim, liability by third parties based on the allegation that any activities performed by you in relation to the Third Party Software, free software and/or open source software embedded in and/or distributed together with the Software, are in any way unlawful. This includes, without limitation, any activities that are in violation of the applicable terms and conditions or constitute an infringement of intellectual property rights. The following software is included in this Software and is licensed under the licenses described in the appendix below: Eigen, Cminpack, Nanoflann, OpenMesh, TinyExpr, Tinyxml, XmlParser, LibHaru, OpenScenegraph, FBX SDK, Assimp, FFmpeg, LibExif, LibJpeg, LibPng, Octree++, Ogre, Qt, Qwt, Simplecrypt, U3DLib, LibLAS, Libe57Format, Lemon, Magick++, QHull, GraphCutLibrary, CSF, Discord-RPC, ThreeJS, LibDXF, 3DConnection SDK, AprilTag, dgnlib, alembic. For components that reference the BSD license or the GNU Lesser General Public License, please find these licenses and the written offer for source code in the Appendix. 13. General Provisions If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which shall remain valid and enforceable according to its terms. This License constitutes the entire agreement between the parties with respect to the Use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. You shall keep any information contained in or relating to the Software in strict confidence; this provision shall survive to expiration of this Agreement. Appendix Written Offer for Source Code For Third Party Software that you receive from 3DFlow in binary form which is licensed under an open source license that gives you the right to receive the source code for that binary, you can obtain a copy of the applicable source code by requesting it by email at the address support@3dflow.net. Third Party software licenses are available over 3dflow.net or in the Software installation directory under the "Licenses" subdirectory.