End-User License Agreement (EULA)

This End-User License Agreement (“EULA”) is a legal agreement between you and Avia Systems Limited

This EULA agreement governs your acquisition and use of our Scan2CAD software (“Software”) directly from Avia Systems Limited or indirectly through an Avia Systems Limited authorized reseller or distributor (a “Reseller”).

Please read this EULA agreement carefully before completing the installation process and using the Scan2CAD software. It provides a license to use the Scan2CAD software and contains warranty information and liability disclaimers.

If you register for a free trial of the Scan2CAD software, this EULA agreement will also govern that trial. By purchasing, downloading or using the Scan2CAD software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

This EULA agreement shall apply only to the Software supplied by Avia Systems Limited herewith regardless of whether other software is referred to or described herein. The terms also apply to any Avia Systems Limited updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

License Grant

Avia Systems Limited hereby grants you a personal, non-transferable, non-exclusive license to use the Scan2CAD software on your devices in accordance with the terms of this EULA agreement.

You are permitted to load the Scan2CAD software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Scan2CAD software.

You are not permitted to:

• Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
• Reproduce, copy, distribute, resell or otherwise use the Software for any commercial or non-commercial purpose
• Host the Software on a server or any other service for the use of your clients or customers
• Allow any third party to use the Software on behalf of or for the benefit of any third party
• Use the software in any which averts the ‘one user per license’ licensing method
• Use the Software in any way which breaches any applicable local, national or international law
• Use the Software for any purpose that Avia Systems Limited considers is a breach of this EULA agreement.

Permitted exceptions

A company that is a recognized Scan2CAD Integration Partner is granted the following exceptions:

• You may integrate a licensed Scan2CAD module with your product. This module may only be installed as a native application on computers owned and operated by your customers  and which do not avert the ‘one user per license’ licensing method
• You may resell Scan2CAD licenses to your customers/clients as a solution integrated with your product.
• You may be provided with not-for-resale (NFR) licenses for the sole purpose of internal testing and support. NFR licenses may not be utilized by your customers, clients or any third party in any way.

A company is considered an Integration Partner for as long as its Integration Partner Membership is active.

If a company does not renew their Membership or choose to cancel their membership then all rights are immediately removed from the date of their Membership expiry.

Intellectual Property and Ownership

Avia Systems Limited shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Avia Systems Limited.

Avia Systems Limited reserves the right to grant licenses to use the Software to third parties.

Termination

This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Avia Systems Limited.

It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

Governing Law

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of the United Kingdom.