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End User License Agreement

Version 30 Oct 2023​

Please read this End User License Agreement (“EULA”) before You purchase a License for the WebGi Engine and subsequently download or use the WebGi Engine on Your website.

By purchasing a License and/or downloading and using the WebGi Engine, You agree, without reservation to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not purchase a License and/or download and use the WebGi Engine.

If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.

You may not accept this EULA if You are not of legal age to form a binding contract with Pixotronics.

1. Definitions​

1.1 In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:

  • “Confidential Information” — any and all information that Pixotronics discloses to You, whether in writing, electronically or orally and in any form (tangible or intangible) that is confidential, proprietary, or relates to shareholders, whether commercial, technical, financial, customer, supplier, product or production related;
  • “Documentation” the detailed information about the WebGi Engine, its features and the system requirements as made available on the website of Pixotronics, as amended from time to time;
  • “WebGi Engine License” the license for the WebGi Engine for the term specified on the webpage where You purchase the license, or in any applicable agreement concerning the purchase of the license (as stand-alone product or as part of a subscription) to Use the WebGi Engine;
  • “License Key” a unique code provided by Pixotronics, which enables You to activate the WebGi Engine and to subsequently use the WebGi Engine during the applicable license term;
  • “Open Source Software” any software that requires as a condition of use, copying, modification and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software (a) be disclosed or distributed in source code form, and (b) be licensed for the purpose of making and/or distributing derivative works, and (c) be redistributable at no charge;
  • “Pixotronics” Company incorporated at B 801, Purva Panorama Apartment, Kalena Agrahara, Bannerghatta Road, Bangalore, India - 560076;
  • “WebGi Engine” any software application and/or all of the contents of the files and/or other media, including software setup files, licensed to You by Pixotronics, including any Updates; WebGi Engine includes the core 3d viewer API and all the plugins listed in the manual found on this website: https://webgi.xyz/docs/.
  • “Updates” any modified versions and updates of, and additions to the WebGi Engine (excluding upgrades of the WebGi Engine);
  • “Use” the access, download, install, copy or get benefit from using the WebGi Engine in accordance with the documentation;
  • “You” you, the final and ultimate user of the WebGi Engine or the authorised representative of a company or other legal entity that will be the final and ultimate user of the WebGi Engine, and the company or other legal entity that will be the final and ultimate user of the WebGi Engine, if applicable.

2. General​

2.1 This EULA applies to any licenses granted to You by Pixotronics for the use of the WebGi Engine.
2.2 By purchasing a License Key for the WebGi Engine and/or downloading and using the WebGi Engine, You enter into this EULA with Pixotronics.
2.3 You acknowledge that this EULA may be modified from time to time without prior notice to You. Such modifications will be effective upon posting on https://www.pixotronics.com/eula.html.

3. License​

3.1 Pixotronics grants You a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to Use the WebGi Engine in accordance with this EULA. Pixotronics reserves all rights not expressly granted to You.
3.2 Pixotronics is and remains the owner of any intellectual property rights with respect to the WebGi Engine. You shall not acquire any ownership to the WebGi Engine as result of Your purchase of the License Key or Your Use of the WebGi Engine.

4. Permitted use and restrictions​

4.1 In order to be able to install the WebGi Engine and receive Updates and upgrades, Your computer shall have access to the Internet and shall meet the system requirements described in the Documentation that can be found on the webpage: https://webgi.xyz/docs/.
4.2 You shall Use the WebGi Engine on one web domain only, unless You have purchased a volume license. In the event You have purchased a volume license, the number of web domains You may Use the WebGi Engine on shall not exceed the number of WebGi Engine Licenses purchased. If You exceed the limit, Pixotronics might choose to block the License Key.
4.3. You shall Use the WebGi Engine in accordance with applicable laws and shall not:

a. rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License Key
b. assign the License Key or the WebGi Engine License without prior written approval of Pixotronics
c. Use the WebGi Engine for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity
d. delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the WebGi Engine
e. copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the WebGi Engine and the License Key or any parts thereof, except to the extent permitted by applicable law
f. disclose Confidential Information unless if this is required by law or authoritative order

4.4 Pixotronics may modify the WebGi Engine at any time at its sole discretion and without notice to You, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates and upgrades.
4.5 Pixotronics publishes certain Open Source Software whose terms and conditions can be found at: github/pixotronics. Some of these are shipped with the WebGi Engine and some others can be downloaded directly. In any case, when you are using them, You shall adhere to the relevant terms and conditions.

5. Maintenance and support​

5.1 Pixotronics will notify You of any available Updates and upgrades.
5.2 You will be entitled to receive Updates free of charge during a period of twelve (12) months upon purchasing the License Key for the WebGi Engine. In order to receive Updates after this twelve months’ period, You will need to either renew your License Key or enter into a subscription arrangement with Pixotronics.
5.3 You may need to pay an additional fee in order to be able to download an upgrade.
5.4 You can download available Updates and upgrades from the websites https://webgi.xyz/ and https://pixotronics.com/.
5.5 Any maintenance and support provided by Pixotronics, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, subject to availability of personnel.
5.6 The terms of this EULA will govern any Updates.

6. Use of data​

6.1 Pixotronics does not collect any data from You when You Use the WebGi Engine.

7. Disclaimer​

7.1 You Use the WebGi Engine at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.
7.2 The WebGi Engine and accompanying documentation are provided on an “as is” and “as available” basis without warranty - express or implied - of any kind, and Pixotronics specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Pixotronics, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.

8. Liability limitation​

8.1 The liability of Pixotronics and any third party that has been involved in the creation, production, or delivery of the WebGi Engine for all damages arising out of or in any way relating to the WebGi Engine License, the License Key, the WebGi Engine and/or this EULA shall in no event exceed the total amount(s) paid by You to Pixotronics in the preceding 12 (twelve) months.
8.2 Pixotronics and any third party that has been involved in the creation, production, or delivery of the WebGi Engine are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the WebGi Engine).
8.3 The limitations of liability referred to in clause 8.1 and 8.2 shall not apply in the event that: (i) any negligence on the part of Pixotronics leads to death or physical injury or (ii) damages arise from the intent, willful misconduct or gross negligence of Pixotronics or the management of WebGi Engine.

9. Termination​

9.1 This EULA will continue to be in force until the expiry or termination of the WebGi Engine License.
9.2 The License Key will terminate automatically at the end of the WebGi Engine License, unless renewed or activated prior to the end of the applicable license term.
9.3 Pixotronics is entitled to terminate the WebGi Engine License by blocking the License Key during the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA, in the event You fail to pay Your fee for the License Key within the applicable payment term, or in the event Pixotronics is required to do so by law or an order of an applicable court.
9.4 Upon termination of the WebGi Engine License, You shall cease all use of the WebGi Engine.
9.5 You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.

10. Governing law and disputes​

  1. This EULA shall be governed by and construed in accordance with the laws of the state of Karnataka, India, excluding its conflicts of law rules.
  2. Any dispute between Pixotronics and You shall exclusively be submitted to the competent court in Bangalore, Karnataka, India.