Shapespark End User License Agreement
This End User License Agreement (hereinafter: the Agreement)
is made between Shapespark sp. z o.o. with its main seat in
Kraków, Plac Wolnica 7, 31-060 Kraków, Poland, entered into
the register of entrepreneurs of the National Court Register
by the District Court for Kraków-Śródmieście in Kraków, XI
Economic Division under the KRS number 0000637986 (hereinafter:
the Licensor) and you (hereinafter: the Licensee).
By downloading, installing or using all or any portion of the
Shapespark application (hereinafter: the Software), the Licensee
agrees to be legally bound by the Agreement and fully accepts all
of the terms in the Agreement.
License depending on the choice made by the Licensee
Unless otherwise expressly stated, the following provisions
apply to both Commercial license and Trial license.
Commercial license grant In exchange
for the payment of the license fee made by the Licensee,
the Licensor hereby grants the Licensee a personal,
worldwide, non-assignable and non-exclusive license to
install and use the executable version of the Software.
The Software may be installed on up to 3 computers, but
it can be used only by the Licensee herself/himself if
the Licensee is a natural person or only by one natural
person indicated by the Licensee if the Licensee is an
entity other than a natural person.
Trial license grant The Licensor hereby
grants the Licensee a personal, worldwide,
non-assignable and non-exclusive license to install and
use the executable version of the Software solely for
non-commercial and evaluation purposes on 1 computer for
a limited time, as determined by the Licensor and
displayed on https://cloud.shapespark.com
The Licensee may not offer, distribute or give the
Software (or any portion thereof) in any way, either of
charge or free of charge (sell, sublicense, rent, lease,
share or other) to any third parties.
The Licensee may not automate the use of the Software
(or any portion thereof) nor host the Software (or any
portion thereof) in a server environment or on any
devices in order to provide its functionality to any
The Licensee may not (and may not permit anyone else to)
copy, modify, create a derivative work of, reverse
engineer, decompile or otherwise attempt to extract the
source code of the Software, unless it is expressly
permitted or required by law, or unless the Licensor has
granted the Licensee her/his prior consent made in a written
form in order to be valid.
The rights conferred by this license shall not be
assignable by the Licensee without the Licensor's prior
consent made in a written form in order to be valid.
The Licensee may not use any means to circumvent the
time limit of the Trial license. Any attempt made in
order to circumvent the aforementioned time limit
results in an automatic and immediate expiry of the
license given to the Licensee.
The license does not grant the Licensee any right to use
any trademark or commercial name of the Licensor in any
means other than solely for the purpose of informing
that a work of the Licensee has been performed using the
The parties of this Agreement agree that due to the fact
that this Agreement has been concluded by means of
distant communication and the Licensor performs its
obligations arising out of this Agreement before the
lapse of the term to withdraw from the Agreement
provided for in the respective provisions of law, the
Licensee forfeits its right to withdraw from this
3D visualization viewer As an exception to the
above Restrictions the Licensee may copy, distribute and host
the part of the Software that is required to open 3D
visualizations in a web browser solely to enable third parties
to view the 3D visualizations created by the Licensee with the
use of the Software.
Software authorization To use the Software
the Licensee shall create an account on the Licensor's
server https://cloud.shapespark.com. The Software
requires the Licensor to enter the account credentials and
uses the credentials to periodically check the type and validity
of the Licensor's license.
The Software may include a mechanism that will prevent the
use of the Software without a valid license.
Software sends to the Licensor's server and what data of the
Licensee and for what purposes is processed by the Licensor.
Term and Termination This Agreement remains
until the Licensee stops using the Software by
permanently deleting the Software in its entirety or
- until the Licensor terminates this license because of the
Licensee's failure to comply with any provision of this
until the lapse of the period for which the license is granted,
until the Licensee terminates the Agreement by giving a
notice to the Licensor.
Software updates and fixes The Software
communicates with external servers to check and download
available updates to the Software. Such updates contain bug
fixes or enhance functionality of the Software. Commercial
license entitles to one year of such updates free of charge.
Title to Software The Licensor retains title to
the Software and all enhancements, modifications and updates of
the Software. Any rights not explicitly granted to the Licensee
shall vest in the Licensor.
Limitation of liability
To the extent permitted by law the Licensor shall never
be liable for any damage (either constituting actual
damage or lost profits), loss of data, costs, expenses
or any other payment incurred by the Licensee as a
result of the Software's actions, improper actions,
inactions, failures, bugs and/or any other interaction
between the Software and the Licensee's end-equipment,
computers, other software or any third party's
end-equipment, computer or services, even if the
Licensor has been informed of the possibility of such
- The Licensor total
aggregate liability to the Licensee from all causes of
actions related to the use of the Software shall be limited
to the greater of: (a) the initial purchase price originally
paid by the Licensee (b) one hundred dollars (100 USD).
Warranty The Software is provided without
any warranty and on an „as is” basis. To the maximum extent
permitted by law the Licensor hereby disclaims any warranty
that the Software shall be error free, without defects or
code which may cause damage to the Licensee's computers or
to the Licensee or any third parties, and that the Software
shall be functional. The Licensee shall be solely liable for
any damage, defect or loss incurred as a result of operating
the Software and shall undertake the risks contained in
running the Software.
No Refunds The Licensee warrants that he
inspected the Software using the free of charge Trial
license and that it is adequate to her/his needs. Accordingly,
as the Software is intangible goods, the Licensee shall not
be entitled to any refund, rebate, compensation or
restitution even if the Agreement is terminated prior to the
term for which it has been concluded.
Indemnification The Licensee hereby
warrants to hold the Licensor harmless and indemnify the
Licensor for any lawsuit brought against the Licensor in
regards to the Licensee's use of the Software in means that
violate, breach or otherwise circumvent this license, the
Licensor's intellectual property rights or the Licensor's
title in the Software. The Licensor shall promptly notify
the Licensee in case of such legal action. The Licensee
will request the Licensor's consent prior to any settlement
in relation to such lawsuit or claim.
Attorney fees If any legal action is
necessary to enforce this license, the prevailing party
shall be entitled to reasonable attorney fees, costs and
expenses in addition to any other relief to which it may be
Severability The invalidity or
unenforceability of any provision or provisions of this
Agreement shall not affect the validity or enforceability of
any other provision hereof, which shall remain in full force
Applicable Law This License will be
governed by the laws of Poland.
Dispute resolution Any disputes arising
under or in connection with the provisions of this Agreement
will be finally settled exclusively by the Court of
Arbitration at the Polish Chamber of Commerce in Warsaw
under the Rules of the Court of Arbitration in force on the
date of commencement of the proceeding by an arbitrator or
arbitrators appointed in accordance with the said rules.