End-User License Agreement (EULA)
Definitions and Scope
"Software" refers to the software "VxCraft, Version 1.x", including all related materials, documentation, and updates provided by the Provider.
"Provider" refers to Martin Kapfinger, the developer and rights holder of VxCraft.
"Licensee" refers to the person or entity that downloads, installs, and uses VxCraft.
"License File": A digital certificate that is required for the operation of VxCraft in any edition and can be installed subsequently.
"Purchased License" ("Paid License"): Any paid license models granting the Licensee extended usage rights and features, subject to the terms of the "Paid License". These rights are technically enabled and validated through a license file issued to the Licensee.
"Free License": A free license with limited features, subject to the specific conditions of the "Free License".
Subject of the Agreement
This End-User License Agreement ("EULA") governs the terms for the use of the Provider's software by the Licensee. Use of the software is permitted exclusively under the conditions defined in this EULA. Any use of the software not expressly authorized by this EULA is prohibited.
Jurisdiction and Applicable Law
This EULA is subject to Austrian law. Where legally permissible, the exclusive jurisdiction for all disputes arising from or in connection with this EULA shall be the competent court in Salzburg, Austria. The Licensee agrees to submit to the personal jurisdiction of these courts.
Property and Copyright
The property, copyright, intellectual property, and distribution rights of the software remain with the Provider. The Licensee acknowledges that the software and all related materials are the intellectual property of the Provider.
License Grant
The Provider grants the Licensee a non-exclusive, non-transferable license to use the software, which includes different terms of use and features depending on the type of license ("Free License" or "Paid License").
With an activated "Free License": The use of the software is permitted exclusively for private and non-commercial purposes. Any commercial use is expressly prohibited.
With an activated "Paid License": The use of the software is permitted for both private and commercial purposes.
In both cases, the Licensee is obliged not to manipulate the license file and not to bypass it. Furthermore, the Licensee is not permitted to transfer or share the license file with third parties.
License Activation and Switching
Initial Activation: By installing the software, the "Free License" is activated by default.
Switching between Licenses: The Licensee can switch between the "Free License" and the "Paid License" by installing or uninstalling the respective license file. The respective terms of use and features of the activated license become effective at the moment the switch occurs.
Conditions of the Active License: Regardless of whether a "Free License" or "Paid License" is used first, the provisions of the license active at the respective time always apply.
Use of the License File: Each acquired license file may only be used for one installation of the software. Upon reinstallation of the software, the Licensee is obliged to uninstall the previous installation or remove the license from the previous installation.
Scope of Use
The use of the software is exclusively permitted for the Licensee. The Licensee is not allowed to modify, reverse engineer, or decompile the software, unless this is legally permissible.
Liability
The Provider's liability for the software is limited to the extent legally permissible. These limitations do not apply to damages resulting from injury to life, body, or health caused by intentional or grossly negligent breach of duty by the Provider, a legal representative, or a vicarious agent of the Provider.
With an activated "Free License": The software is provided "as is" without any warranties or assurances. The Provider is not liable for any damages that may arise from the use of the software, including, but not limited to, lost profits, consequential damages, or other indirect damages. The use is at the Licensee's own risk.
With an activated "Paid License": The Provider is liable for damages caused by him only in the case of intent or gross negligence. Liability for indirect damages, such as lost profits, business interruption, data loss, or claims by third parties, is excluded unless such damages were caused intentionally or by gross negligence. To the extent legally permissible, the Provider's liability is limited to the amount actually paid for the service or product.
Collision Checking
The software performs a standard collision check when generating toolpaths to identify potential errors that could cause damage to the machine. However, this collision check requires that all relevant geometries and parameters are available to the software. If this requirement is not met or if the user has deactivated the collision check, the software cannot examine the toolpaths and a clear warning message is issued. Despite this warning message, the user has the option to continue generating the toolpaths without collision checking. By choosing this option, the user expressly accepts the risks and assumes full responsibility for any direct or indirect damages that may result. This specific assumption of liability supplements the general liability regulation in this agreement and does not restrict it.
Postprocessor
The software includes, regardless of the licensing model, freely available postprocessors that convert calculated data into executable NC programs. The Licensee is responsible for the correct selection, adaptation, and use of these postprocessors and must ensure that the chosen postprocessor is compatible with their specific machine. This also applies to third-party postprocessors, whose integration into the software is permitted. The adaptation of all postprocessors, whether provided or from third-party suppliers, to specific machines and requirements is the responsibility of the Licensee. The Provider is not liable for the compatibility, performance, or safety of the postprocessors in relation to the Licensee's machines. Any use is at the Licensee's own risk.
Support and Maintenance
The Provider offers all users regular software updates and extensive self-help documentation, including online video tutorials and example projects. Users are invited to report discovered bugs, the rectification of which the Provider decides at their discretion. Permanent rectification of bugs or security vulnerabilities is not guaranteed.
For users of the "Paid License", basic email support for general software issues is additionally offered. This is limited to basic inquiries and is subject to a Fair-Use Policy. The Provider reserves the right to refuse excessive or abusive requests and does not guarantee fixed response times.
Updates and Patches
The Licensee is permitted to install updates and patches from the Provider. In this case, the EULA of the update or patch replaces this EULA.
Internet Connection and Privacy
The software includes a feature for automatic update checks. When this feature is activated, the software establishes a connection to a third-party web server to search for updates. During this process, no personal data of the user is transmitted or stored. The data transfer is solely for the purpose of receiving information about software updates. The automatic update check can be deactivated at any time in the software settings.
In addition, the software provides links to the VxCraft online manual. Clicking on these links opens the user's default browser and redirects to our website. Please note that when visiting external websites, the privacy policies of the respective website apply.
Open-Source Components
The software uses components and libraries from third parties. These third-party components are licensed under their respective open-source licenses. A list of the used third-party components, including their respective licenses and copyright notices, is listed in the manual.
Termination of the License
If the Licensee violates one or more provisions of this EULA, the Provider has the right to terminate this EULA and the license immediately. Upon termination of the license, the Licensee must immediately cease using the software and destroy all copies of the software and the license files. The obligations of the Licensee under this EULA, which by their nature are intended to survive the termination of the license, shall continue to apply even after the termination of this EULA.
Miscellaneous
If individual provisions of this EULA are or become invalid, the validity of the remaining provisions shall not be affected. The parties commit to agreeing on a provision to replace the invalid provisions that comes closest to the economic intent of the ineffective provision in a legally effective manner.
Contact
If the Licensee has any questions or concerns regarding the software, they can contact the Provider at: info@vxcraft.com
The Provider will endeavor to respond within a reasonable period.
Express Consent
By installing, copying, or using the software, the Licensee expressly agrees to the terms of this EULA.