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Terms of Use of 3dcoat.com

When you use 3dcoat.com, you are agreeing to all the rules on this page. 

www.3dcoat.com offers certain software available for purchase and/or download (“Software”) as well as may offer certain services (the "Services") available either free of charge or at additional cost at its website www.3dcoat.com. The use of the Software is subject to the below terms and conditions. Using 3dcoat.com constitutes acceptance of these terms and conditions.

1. DEFINITIONS

1.1. “Software” means result of computer programming in form of application computer program and its components as well as in the form of websites or online services, or software code, or serial number, or registration code, and shall include but not limited to each of the following: 3D-Coat Trial-Demo version, 3D-Coat Academic version, 3D-Coat Educational version, 3D-Coat Amateur version, 3D-Coat  Professional version, 3D-Coat Floating version, 3DC-printing (short from 3D-Coat for 3d printing), which shall include versions for Windows, Max OS, Linux operating systems as well as beta versions made available to the public or to a limited number of users, and any such other software (including plugins which are developed or owned by PILGWAY) as listed at https://3dcoat.com/features/ or made available for download at https://3dcoat.com/download/ or through http://3dcoat.com/forum/.

1.2. "Service" means service, or any other operation which is not License or Supply, proposed and made available for purchase by PILGWAY at website http://3dcoat.com.

1.3. "Supply" means any supply of products or goods, including but not limited to software code or serial number or registration code, which means transfer and assignment of rights with such products or goods to a buyer, and the buyer, as a new owner of such products or goods shall be eligible to resell, exchange or gift such products or goods. 

1.4. "License" means the right to use Software in a way and within the scope as defined in this Agreement whether for a fee or free of charge.

 

2. ACCOUNT REGISTRATION AND ACCESS

2.1. To download Software, you first need to register for an account. 

2.2. You must secure access to your account against third parties and keep all authorization data confidential. 3dcoat.com will assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you.

2.3. Registration allows you to access particular Software and Services. Some Software or Services may impose additional terms specific to that Software or Services (for example, an end user license agreement specific to a particular Software, or terms of use specific to a particular Service). Also, additional terms (for example, payment and billing procedures) may be applied.

2.4. The account may not be transferred or assigned.

 

3. Use of Software

3.1. You are hereby granted non-exclusive, assignable, worldwide license to: 

3.1.1.  use Software according to its licensing terms (please refer to End User License Agreement attached to each copy on installation package of such Software); 

3.2. All other uses are not permitted (including but not limited to personal or non-commercial use).

3.3. You may use one copy of Software free of charge within a limited time of 30 days (30 DAYS TRIAL) for home, noncommercial and personal use only. 3D-Coat Trial-Demo may be downloaded from our website. 

3.4. Your License may be revoked in case we find out that you use our Software in violation of law or the License, or it is being used on sites that feature defamatory, pornographic, or inflammatory content. Your License will be revoked if we find out that you are violating the License or these Terms of Use including, but not limited to, hacks and cheats for any of our Software or any other content that PILGWAY finds objectionable or unlawful. Your License may be suspended due to requirements of law or force-majeure. 

 

4. INTELLECTUAL PROPERTY OWNERSHIP. SUPPLY OF SOFTWARE PRODUCT

4.1. The Software is the proprietary exclusive intellectual property of Andrew Shpagin. The Software is protected by international copyright laws. The code of the Software is valuable trade secret of Andrew Shpagin. 

4.2. Any Andrew Shpagin's shopmarks, logos, trade names, domain names and brands are the property of Andrew Shpagin.

4.3. The Software is hereby sublicensed by PILGWAY on the basis of license agreement between PILGWAY and Andrew Shpagin.

4.4. The serial number or registration code is a piece of software code which is a separate product (software product) and is supplied as a separate software. The Supply is made to you subject to the respective invoice. You become an owner of the product under Supply from the moment PILGWAY received payment for such Supply. As an owner of such serial number or registration code you become an owner of all exclusive intellectual property rights and will be able to allow or forbid to use such serial number or registration code to any third party.

4.4.1. Serial numbers or registration codes may be supplied to you by authorized reseller.

4.4.2. Serial number or registration code may be reselled by you to any party.

4.4.3. Serial number or registration code corresponds to certain License and the scope of the License must be strictly followed.

4.5. You are authorized for a full refund within 14 days of payment provided that the License has not been breached.

4.6. In case you purchased serial number or registration code from a third party (not authorized reseller) please contact such third party for a refund policy. PILGWAY may and will not be able to refund payment if you have purchased serial number or registration code from a third party.

4.6.1. Should you have any problems with activation of serial number or registration code purchased from a third party please contact support@3dcoat.com.

5. RESTRICTIONS

5.1. The Software should not be used in the production of any pornographic materials or in any other unlawful actions.

5.2. You may not attempt to extract the source code of the Software by disassemble or any other means.

5.3. You may not use the Software in commercial purposes for your profit unless the License of the Software clearly allows such activity. 

6. DISCLAIMER. LIMITATION OF LIABILITY

6.1. THE SOFTWARE IS PROVIDED AS-IS WITH ALL DEFECTS AND FAULTS. ANDREW SHPAGIN OR PILGWAY SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR DETRIMENT. THIS CLAUSE OF THE AGREEMENT IS VALID ANY TIME AND IT WILL APPLY EVEN IN THE BREACH OF THE AGREEMENT TO THE EXTENT ALLOWED BY APPLICABLE LAW.

6.2. In no event shall 3dcoat.com be liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption, loss of business information, loss of data, or any other pecuniary loss in connection with any claim, damage or other proceeding arising under this agreement, including - without limitation - your use of, reliance upon, access to the 3dcoat.com website, the Software or any part thereof, or any rights granted to you hereunder, even if you have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.

6.3. Damages may only be claimed if reported in writing to 3dcoat.com a maximum of two weeks after discovery.

6.4. In case of force majeure 3dcoat.com is never required to compensate for damages suffered by you. Force majeure includes, among other things, disruption or unavailability of the internet, telecommunications infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.

6.5. You indemnify 3dcoat.com against all claims arising out of or in connection with this agreement and the use of Software.

 

7. PERIOD OF VALIDITY

7.1. These Terms of Use come into force as soon as you first register an account. The agreement remains in effect until your account is terminated.

7.2. You can terminate your account at any time.

7.3. 3dcoat.com is entitled to temporarily block your account or terminate your Account: 

7.3.1.  if 3dcoat.com discovers unlawful or hazardous behaviour; 

7.3.2.  in the event of a breach of these terms and conditions.

7.4. 3dcoat.com is not liable for any damage you may suffer by the termination of the account or subscription in accordance with Article 6.

 

8. Changes to Terms

8.1. 3dcoat.com may change these terms and conditions as well as any prices at any time.

8.2. 3dcoat.com shall announce changes or additions through the service or on the website.

8.3. If you do not want to accept a change or addition, you can terminate the agreement when the changes take effect. Use of 3dcoat.com after the date of effect of changes shall constitute your acceptance of the changes or added-to terms and conditions.

 

9. PRIVACY AND PERSONAL DATA

9.1. Please refer to our Privacy Policy at https://3dcoat.com/privacy/ for more details about how we collect, store and process personal data.

9.2. Our Privacy Policy is an integral part of this Agreement and shall be deemed incorporated herein.

10. Final Clauses

10.1. Ukrainian law applies to this agreement.

10.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with the Software or Services shall be brought before the competent Ukrainian court based in Kyiv, Ukraine.

10.3. For any clause in these terms and conditions which demands that a statement must be made "in writing" to be legally valid, a statement by e-mail or communication through the 3dcoat.com service shall be sufficient provided the authenticity of the sender can be established with sufficient certainty and the integrity of the statement has not been compromised.

10.4. The version of any communication of information as recorded by 3dcoat.com shall be deemed to be authentic, unless you supply proof to the contrary.

10.5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.

10.6. 3dcoat.com is entitled to assign its rights and obligations under this agreement to a third party as part of an acquisition of 3dcoat.com or the associated business activities.

10.7. You agree to comply with all applicable import/export laws and regulations. You agree not to export or assign the Software and Services to entities or individuals or countries against which there are imposed sanctions or to which exports are at the time of exportation restricted by the government of the Unites States, Japan, Australia, Canada, countries of the European Community or Ukraine. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country, entity or individual.

11. ARTICLE 12. Contact

11.1. Email any questions regarding these terms and conditions or any other questions about 3dcoat.com to support@3dcoat.com.

3dcoat.com

Limited Liability Company “PILGWAY”,

registered in Ukraine under No. 41158546 

office 41, 54-A, Lomonosova street, 03022 

Kyiv, Ukraine