Software Licence
You must agree to the terms of this agreement (the “Agreement”) before using DeskProto (the “Software”).
This is a legal agreement between you (“you” or the “User”) and Vectric Ltd, a company registered in England and Wales with company number 05382596 whose registered office is at Precision House, Alcester, B49 6HN (“Vectric”, “we” or “us”). Please read these terms carefully before downloading, installing or using the Software. By clicking “I accept” during installation, or by downloading, installing or using the Software, you agree to be bound by this Agreement. If you do not agree with these terms, do not download, install or use the Software.
1. Grant of Licence.
Subject to the terms of this Agreement, we grant you a limited, non-exclusive, non-transferable licence to use the Software for the type of licence you have obtained, as described in clause 2.
2. Authorised Use.
(2.1) Free Evaluation
If you have obtained a free evaluation version of the Software, it may only be used for evaluation and may not be used to produce work for commercial purposes.
(2.2) Single, Educational Classroom and Hobby Licenses
(2.2.1) Educational Classroom Licences
A DeskProto educational classroom licence may only be used by an eligible educational institution, or by its staff and enrolled students, for teaching, learning and non-commercial research. An “eligible educational institution” means [a school, college or university recognised by the relevant national education authority]. An educational classroom licence must not be used for commercial purposes. It permits an eligible educational institution to install and use the Software on up to 25 computers at a single site, including over the institution’s internal network.
(2.2.2) Hobby Licences
A DeskProto hobby licence must not be used for commercial purposes, except where your total gross revenue from goods or services made using the Software is less than US$1,000 (or the equivalent in your local currency) in any 12-month period.
(2.3) Single User Licence
Unless you are an eligible educational institution which has purchased a classroom licence, you may only use the Software on a single computer at any one time.
(2.3.1) If you have exclusive access to the computers on which you wish to install the Software, you may install it on up to 3 computers, provided that the Software is only used on one of those computers at any one time.
(2.3.2) If other people share access to any of the computers on which you wish to install the Software, you may install the Software on only one computer.
(2.3.3) Except as permitted by this Agreement or by law, you must not copy, modify, adapt or translate the Software or any part of it. You may install the Software as permitted by clauses 2.3.1 and 2.3.2 and make one backup copy for security purposes. You may use the sample files supplied with the Software to create your own projects, but you must not distribute those sample files on their own.
(2.3.4) You must not use the Software to operate a time-sharing bureau or to provide any similar service for the benefit of third parties.
(2.3.5) You must not apply for any patent or other registered intellectual property protection for the Software or any part of it.
(2.4) Your Work
You own the designs, models, toolpaths and other output you create using the Software. Nothing in this Agreement gives us any rights in that output.
3. Intellectual Property.
The Software contains confidential information of Vectric. All copyright, trademarks and other intellectual property rights in the Software belong to Vectric or its licensors. The Software includes third-party components which are licensed under their own terms.
4. Restrictions.
(4.1) Except as permitted for an educational classroom licence under clause 2.2.1, you must not use the Software, or any backup copy of it, on more than one computer at the same time, or make it available over a network, the internet or any other means of distribution.
(4.2) You must not reverse engineer, decompile, disassemble or reverse assemble the Software, except to the extent that the law allows you to do so and this restriction cannot lawfully apply (including under sections 50B and 296A of the Copyright, Designs and Patents Act 1988).
(4.3) You must not transfer, assign, lend, rent or sublicense your rights to the Software to any third party without our prior written consent.
5. Warranties.
(5.1) If you are a business, all express or implied representations and warranties, including any implied warranty of satisfactory quality, fitness for a particular purpose or non-infringement, are excluded to the fullest extent permitted by law.
(5.2) If you are a consumer, you have legal rights in relation to digital content that is faulty or not as described, including under the Consumer Rights Act 2015. Nothing in this Agreement affects those rights.
(5.3) We do not warrant that the operation of the Software will be uninterrupted or error-free.
6. Limitation of Liability.
(6.1) Nothing in this Agreement limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by law.
(6.2) If you are a business, our total liability to you arising out of or in connection with this Agreement or the Software shall not exceed the amount you paid us for the licence to which your claim relates.
(6.3) If you are a business, we will not be liable to you for any indirect or consequential loss, or for any loss of profit, revenue or business, even if we have been advised of the possibility of such loss. In particular, we accept no liability for defective programs or code, or for loss or corruption of data, made or stored using the Software, or for the cost of recovering or replacing such programs, code or data.
(6.4) If you are a consumer, we are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this Agreement or our failure to use reasonable care and skill. We are not responsible for any business losses. If defective digital content that we supply damages a device or digital content belonging to you, we will either repair the damage or pay you compensation, unless the damage was caused by your failure to follow our instructions or to install updates we provided free of charge.
7. Term and Termination.
(7.1) The licence granted under this Agreement is perpetual unless it is ended under this clause 7.
(7.2) You may end the licence at any time by giving us written notice.
(7.3) We may end the licence by written notice if you materially breach this Agreement and, where the breach can be remedied, you fail to remedy it within 14 days of our notice.
(7.4) When the licence ends for any reason, you must stop using the Software and delete all copies of it.
(7.5) Clauses 2.4, 3, 4, 5, 6, 8 and 9 continue to apply after the licence ends.
8. Governing Law and Jurisdiction.
This Agreement and any dispute or claim arising out of or in connection with it are governed by the law of England and Wales. The courts of England and Wales have non-exclusive jurisdiction. If you are a consumer living outside England and Wales, you keep the protection of the mandatory laws of the country where you live and may bring proceedings in your local courts.
9. General.
(9.1) This Agreement is the entire agreement between you and us relating to the Software. It replaces any earlier proposal, agreement or communication between us, whether oral or written, relating to the Software.
(9.2) If any part of this Agreement is found to be invalid or unenforceable, the rest of this Agreement will continue to apply.
(9.3) If we do not enforce any of our rights under this Agreement straight away, we may still enforce them later.
(9.4) We may change these terms when we release a new version of the Software. The terms shown when you install or activate a version of the Software apply to that version.
(9.5) The Software may contact our servers to activate or verify your licence. Our privacy policy at https://www.deskproto.com/various/privacy-statement.php explains what information we collect and how we use it.
(9.6) You must comply with all applicable export control and sanctions laws when using the Software.