Terms and Conditions
VISION III IMAGING, INC.
v3® SOFTWARE PRODUCT DELIVERY SYSTEM
(Updated November 27, 2020)
We are very pleased that you have chosen to use our v3 Software in your stereoscopic workflow. Our aim is to provide you with the best possible tools we can at this time. We will continue to improve and expand our stereoscopic toolset features. Your feedback on how our products can be improved to better meet your needs is most welcome, please share your thoughts with us at: email@example.com
PLEASE READ THE DOCUMENTS CAREFULLY BEFORE PURCHASING A v3 SOFTWARE PRODUCT LICENSE.
v3 SOFTWARE LICENSE PURCHASE TERMS AND CONDITIONS
All deliveries, services and offers of Vision III Imaging, Inc. (the “Company”) are made exclusively on the basis of these Terms and Conditions and the Software License Agreement below. The conditions shall be considered accepted when the customer indicates his or her acceptance by checking the “I accept the terms and conditions” box where indicated.
The customer’s placement of an order with the Company is an obligatory offer to complete a sales transaction. The confirmation of receipt of the customer’s order and the simultaneous acceptance of the order by the Company are sent by automated e-mail immediately after submission. With this confirmation by email the purchase contract becomes legally effective. By downloading software, a purchase agreement, based on these conditions and in compliance with the corresponding license agreements for the requested Software, will be concluded with the beginning of the electronic transfer to the requesting party.
3. Refund Policy
The Quick S3DX Bundle (QS3DX) and Quick S3D Pro (QS3D Pro) are provided with a 7-Day Trial for Users to complete before they purchase a License. Refunds for QS3D Pro and QS3DX will be made on a case-by-case, but in no case after 30 days from purchase date. QS3DX and QS3D Pro License returns will be considered for refunds within 30 days from the purchase date for the following reason only:
• The product failed to perform as designed.
QS3D Pro and QS3D Lite users that purchased the product directly will be able to apply for a refund within 30 day of the purchase for the following reasons only:
• The customer was not happy with the performance of the software
• The wrong product was download
• The download was defective and it was not able to be corrected by the Company support staff.
QS3D Pro Users that downloaded the QS3DX 7-Day trial bundle and subsequently purchased the QS3D Pro will not be able to receive a refund. The QS3DX Bundle includes the QS3D Pro which should be tested by the User prior to purchase. In such cases, QS3D Pro refunds will be handled on a case-by-case basis. As such, QS3D Pro License returns will be considered for refunds within 30 days from the purchase date for the following reason only:
The product failed to perform as designed
To be considered for a refund you must send an email to firstname.lastname@example.org within 30 days from date of purchase.
Include the following information in your email:
• Your order number
• The date of order
• The type of product you ordered
Please describe the issue and/or reasons you no longer want to use the software. The Designated Application Software and the Company software must be connected to the Internet for a refund to take place. No refunds can be provided to purchased software that does not have Internet access.
4. These Terms and Conditions can be modified by the Company at any time without notice.
5. QS3DX Bundle License Agreement
QUICK S3DX PLUG-IN AND QUICK S3D PRO PLUG-IN APPLICATIONS SINGLE USE SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (THE “LICENSE”) CAREFULLY BEFORE USING THE QUICK S3DX PLUG-IN, THE QUICK S3D PRO PLUG-IN AND PARALLAX VISUALIZATION (PV) TOOLSET APPLICATION SOFTWARE (THE “SOFTWARE”). THE SOFTWARE WAS DEVELOPED AND IS OWNED BY VISION III IMAGING, INC. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY, AND COMPLY WITH, THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL THE SOFTWARE AND (IF APPLICABLE) CONTACT VISION III IMAGING, INC. FOR A REFUND.
1. Scope of License.
This is a License Agreement (the “License”) between Vision III Imaging, Inc. (the “Licensor”) and person or entity that paid the License Fee, (the ”Licensee”), who is being licensed to use the Licensed Software subject to the following conditions:
a. The Licensed Software is designed to work exclusively in conjunction with the Designated Software Application(s) (the “DSA”) as defined in Section 6 hereto.
b. This License is a nontransferable non-exclusive license granted to Licensee for the Licensed Software and is limited solely to Licensee’s use on a single computer where the DSA is installed.
This License restricts the Licensee from using the Licensed Software, directly or indirectly, in any of the following actions:
a. distribute or otherwise make the Licensed Software, or any portion thereof, available over a network where it could be used by multiple devices at the same time;
b. rent, lease, lend, sell, transfer, redistribute, or sublicense the Licensed Software, or any portion thereof, and, if Licensee sells its computer to a third party, Licensee must remove the Licensed Software from the computer before doing so;
d use the Licensed Software after any expiration, termination or cancellation of this License;
e. alter, change, obscure or remove any proprietary notices or confidentiality legends placed on or contained in the Licensed Software;
f. use the trademarks contained on or in the Licensed Software except as in accordance with accepted trademark practice. Any additional use of Licensor trademarks or logos must be approved in writing by Licensor;
g. use the Licensed Software for the benefit of any third parties (i.e., in an ASP, Cloud Computing, outsourcing or service bureau relationship) or in any way other than its intended purpose; or
h. disable or circumvent any security or access control or related device, process or procedure established with respect to the Licensed Software.
Any attempt to do any of the items referred to in this Section 2 is a violation of the rights of the Licensor and its licensors. If Licensee breaches this restriction, Licensee may be subject to material breach claims and damages.
The terms of this License will govern any upgrades provided by Licensor that replace and/or supplement the original Licensed Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
3. Consent to Use of Data:
Licensee agrees that Licensor may collect and use technical data and related information—including but not limited to technical information about Licensee computer, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to Licensee (if any) related to the Licensed Software. Licensor may use this information, as long as it is in a form that does not personally identify Licensee, to improve its products or to provide services or technologies to Licensee. Licensee also consents and agrees that Licensor may use such technical information if required to do so by law, or in a good faith belief that such access, preservation or disclosure is reasonably necessary to comply with legal process, enforce the terms of this Agreement, respond to any third-party claims, and protect the rights, property, interests, or personal safety of Licensor, its users, and the public.
The License is effective until terminated by Licensee or Licensor. Licensee rights under this License will terminate automatically without notice from the Licensor if Licensee fails to comply with any term(s) of this License. Upon termination of the License, Licensee shall cease all use of the Licensed Software and destroy all copies, full or partial, of the Licensed Software. This License will automatically terminate if Licensor uses the Licensed Software with an invalid or unlicensed DSA.
5. External Services.
The Licensed Software may enable access to Licensor’s website for External Services (the “External Services”). Use of the External Services requires Internet access and use of certain External Services requires Licensee to accept additional terms. By using this software in connection with http://www.inv3.com , Licensee agrees to be bound by, and comply with, the latest Vision III Imaging, Inc. Terms and Conditions and Usage Rules, which Licensee may access and review at http://www.inv3.com/termsconditions
6. Designated Software Application
This License is granted for use of the Licensed Software only in conjunction with the following DSA:
a. Adobe Software Systems, Inc. – Premiere Pro and After Effects Creative Cloud (CC)
b. Vision III Imaging, Inc. – v3 Quick S3DX (QS3DX), v3 Quick S3D Pro (QS3D) and MVC Splitter Applications
7. Limited Warranty
This License allows Licensor to install and use the Software on a single Vision III Imaging, Inc. licensed computer at a time. This License does not allow the Software to exist on more than one computer at a time. THE SOFTWARE IS NOT INTENDED FOR USE IN ANY SITUATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Licensee rights under this License will terminate automatically without notice from Licensor if Licensee fails to comply with any term(s) of this License.
8. Disclaimer of Warranty on Software.
Licensee expressly acknowledges and agrees that use of the Licensed Software is at Licensee’s sole risk. The Licensed Software is provided “AS IS” and without warranty of any kind. Licensor warrants to Licensee that the Software will perform the functions substantially in accordance with its documentation, and to the best of Licensor’s knowledge Licensee’s use of this Software according to the documentation is not an infringement of any third party’s intellectual property rights. This limited warranty lasts for a period of ninety (90) days after the Licensed Software is installed with the DSA. To the extent permitted by law, THE ABOVE-STATED LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, AND LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES AND OTHER WARRANTIES INCLUDING ANY WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, OR SYSTEM INTEGRATION; THAT THE LICENSED SOFTWARE CONFORMS TO ANY DEMONSTRATION OR PROMISE BY LICENSOR; ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, OR THAT ACCESS TO OR USE OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE. THERE ARE NO WARRANTIES BY LICENSOR THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. No agent of Licensor is authorized to make any other warranties or to modify this limited warranty. Any action for breach of this limited warranty must be commenced within one year of the expiration of the warranty. Because some jurisdictions do not allow any limit on the length of an implied warranty, the above limitation may not apply to this Licensee. If the law does not allow disclaimer of implied warranties, then any implied warranty is limited to ninety (90) days after the Licensed Software is installed with the DSA. Licensee has specific legal rights pursuant to this warranty and, depending on Licensee’s jurisdiction, may have additional rights.
9. Breach of the Limited Warranty.
In case of a breach of the Limited Warranty, Licensee’s exclusive remedy shall be for Licensor to use reasonable efforts to remedy the problem or to replace the defective Licensed Software, or at Licensor’s sole option, issue a full refund to Licensee provided that Licensor is notified in writing of all warranty claims during the warranty period.
10. Limitation of Liability.
Notwithstanding the foregoing, LICENSOR IN NO EVENT SHALL BE LIABLE TO LICENSEE FOR ANY INDIRECT DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE’S USE OF THIS LICENSED SOFTWARE (INCLUDING LOST PROFITS AND LOST SAVINGS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR’S MAXIMUM, AGGREGATE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT, THE LICENSED SOFTWARE AND ANY SERVICES SHALL BE LIMITED TO DIRECT DAMAGES EQUAL TO THE FEES PAID LICENSOR. THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION. Licensee’s jurisdiction may not allow such a limitation of damages, so this limitation may not apply.
Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from claims arising from or relating to Licensee’s business operations.
Licensor has the right to terminate this License Agreement and Licensee’s right to use this Software upon any material breach by Licensee.
13. Removal of Licensed Software.
Licensee agrees to uninstall the Licensed Software upon termination of the License.
14. Patented Technology
The PV Toolset is a Critical Alignment application that and subject to US Patent No. 8,081,206. Foreign Patents are issued in Canada, South Korea, Japan and Australia Additional patent applications are pending in the US and EU.
15. Entire Agreement.
This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding the Licensed Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Licensed Software.
Should any term of this License be found invalid or unenforceable, then to the extent that such term is invalid or unenforceable, it shall not affect the validity or enforceability of any other term of this License.
17. Governing Law.
This License is governed by and shall be interpreted in accordance with the laws of the Commonwealth of Virginia, without reference to the conflict of law principles.
18. No Third Party Beneficiaries.
This Agreement is solely between Licensee and Licensor. This Agreement does not create, and Licensee and Licensor specifically disclaim, any third-party beneficiary relationships.
This License is valid without Licensor’s signature. It becomes effective upon the Licensee’s installation of the Licensed Software in the DSA.
This Software is updated to the current versions of QS3DX, QS3D Pro and MVC Splitter. All Software is © 2020 Vision III Imaging, Inc. All v3® Trademarks are the property of Vision III Imaging, Inc.
NOW, THEREFORE, the Parties, intending to be bound by the terms and conditions hereof, have caused their authorized representatives to accept this License Agreement. By clicking the yes icon below, the user (Licensee) manifests his or her assent to the terms of the License Agreement.
6. QS3D Lite is as of November 1, 2020, no longer supported by the Company.
7. MVC Splitter License Agreement (continuation from v3 T&C above)