Terms and Conditions (as of 03/2014)
The following conditions apply to all contracts, deliveries and other services, including consultancy services, provided they are not modified or excluded with our express consent. Our customers' Terms and Conditions are not mandatory for us, even if we do not object to them in writing. A contract becomes valid with our written order confirmation or invoice. Conditions of the buyer / purchaser and different agreements are only valid if they are specifically accepted by us in writing. They do not become valid by silence nor acceptance of payments or services on our part.
The contract is only concluded with our acceptance of the order. The acceptance of the order is made by sending an order confirmation or invoice by e-mail.
ORDERING AND PURCHASING PROCESS
The process of purchase by bank transfer is as follows:
- The customer sends us an order with all necessary data:
- Product Name
- The customer downloads the FREE VERSION and generates the hardware key on the computer for which the license is required, then attaches the key file with the order form.
- Billing address
- We send the customer by e-mail (usually within 24 hours):
- Our general terms and conditions
- The End User License Agreement (EULA) of our software
- The invoice
- The customer may cancel the order if he does not agree with our
EULA or terms and conditions. In this case, no fees or costs occur.
- The customer transfers the total invoice amount to our bank
account (details can be found in the invoice).
- Upon receipt of payment we will send the download link of the licensed software to the customer by e-mail (usually within 24 hours).
Software user licenses are delivered as executable files to the e-mail which the customer has used during the ordering process. The delivery time is generally less than 5 days from receipt of payment. This period is a non-binding statement, unless otherwise agreed. The same applies to software products, provided they are not publicly available for download on our website.
Damages for late delivery can not be claimed. In the case of prevented delivery by force majeure or other events not influenced by us, we reserve the right to extend the agreed delivery date or to cancel a delivery. Binding agreements regarding delivery times require our written confirmation.
For an order, the prices apply which are displayed on the website or shopping cart on the date of the order. Price changes by technical errors and errors are reserved. In case of erroneous prices, we will not send any goods without prior consent of the customer. The prices in our online shop include VAT.
Payments must usually be met in advance (by bank transfer).
WARRANTY, RIGHT OF RESCISSION, RETURN POLICY
Software user licenses are by their nature non-returnable. Before buying, the customer can test our software products for free, in terms of functionality and ease of use (e.g., "Free Version").
TRANSFER OF USER LICENSES
Software user licenses may not be disclosed or resold to third parties.
RIGHTS OF USE, LICENSE TRANSFER
User license key can be declared as a “single user license key”, “single PC license key”, etc., which means that it may only be used on the computer for which the license was issued. A license key will be generated according of the user’s PC hardware, which may not be circumvented.
If the license becomes useless due to change of the PC hardware, a new license file may be requested via email, but we reserve the right to deny license transfers on suspected abuse of the licensing agreement in individual cases.
Terms and conditions (EULA) of our software apply.
OTHER ACQUISITION OF DATA
The ordering process requires collection of personal data. The data will be processed in accordance with the Federal Data Protection Act.
You are entitled to use the Paid license of SOFTWARE PRODUCT perpetually after the order is paid and processed.
You are entitled to use the Trial license of SOFTWARE PRODUCT during the trial period, that can be changed by REAL3D.PK at its sole discretion.
You are entitled to use the Free license of SOFTWARE PRODUCT only for personal and non-commercial purposes. In case you use SOFTWARE PRODUCT privately for commercial purposes or use it in a public commercial or non-profit organization e.g. in a company, school, university, library, research institute or other public institutions then you must buy a license at license.
Paid license users are entitled to unlimited technical support. Free and Trial license users may receive technical support, but it is not obligatory. Technical support is provided via e-mail ONLY.
Support services will NOT be provided to users who would use very rude or obscene language in their support requests.
END-USER LICENSE AGREEMENT (EULA)
By installing, copying, or otherwise using REAL3D SCANNER, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and REAL3D.PK, and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use this SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. RIGHTS AND LIMITATIONS
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT. You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from http://real3d.pk/softwares.html or other websites of REAL3D.PK may be freely distributed. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the SOFTWARE PRODUCT. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
Without prejudice to any other rights, REAL3D.PK may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by REAL3D.PK or its suppliers. All title and intellectual property rights in and to the content that may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by REAL3D.PK.
5. NO WARRANTIES
REAL3D.PK expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. REAL3D.PK does not warrant or assume responsibility for the accuracy or completeness of any data, information, text, graphics, links or other items contained within or produced by the SOFTWARE PRODUCT. REAL3D.PK makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, or other such computer program. REAL3D.PK further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall REAL3D.PK be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if REAL3D.PK has been advised of the possibility of such damages. In no event will REAL3D.PK be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. REAL3D.PK shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.