TERMS & CONDITIONS

DomuS3D General Terms and Conditions

Effective: June 1, 2019

COPYING OF THIS COMPUTER PROGRAM OR ITS DOCUMENTATION EXCEPT AS PERMITTED BY THIS LICENCE IS COPYRIGHT INFRINGEMENT UNDER THE LAWS OF YOUR COUNTRY. IF YOU COPY THIS COMPUTER PROGRAM WITHOUT PERMISSION OF MATICAD, YOU ARE VIOLATING THE LAW. YOU MAY BE LIABLE TO MATICAD FOR DAMAGES, AND YOU MAY BE SUBJECT TO CRIMINAL PENALTIES. POSSESSION OR USE FOR COMMERCIAL PURPOSES OF ANY PROGRAM, DEVICE OR OTHER MEANS INTENDED TO FACILITATE REMOVAL OR CIRCUMVENTION OF THE HARDWARE LOCK OR NODE IDENTIFICATION NUMBER WITH WHICH THIS COMPUTER PROGRAM IS SUPPLIED IS PROHIBITED.

These Terms & Conditions apply to your account with Maticad and to your subscription to DomuS3D, and constitute a binding contract between us.

Maticad reserves the right to update and change these Terms & Conditions by posting updates and changes to www.domus3dusa.com. You are advised to check online from time to time for any updates or changes that may impact you.

These Terms & Conditions apply only to subscribers whose principal place of business or residence is located in either the United States of America, Canada, or Mexico. If Your principal place of business or Your place of residence is not located in one of the above stated countries, You do not have the right to access or use DomuS3D under these Terms & Conditions. If you seek to use, access, or subscribe to DomuS3D, contact Maticad srl, an Italian limited liability company, at sales@maticad.com.

These Terms & Conditions do not apply to subscriptions purchased before June 1, 2019. DomuS3D users that fall outside of these Terms & Conditions continue to be subject to their existing terms, outlined within individual license contracts.

ACCEPTANCE

By accepting these General Terms during your account registration, when buying a subscription, or by accessing or using DomuS3D, you confirm your acceptance of these Terms & Conditions and your agreement to be a party to this binding contract. If you do not agree, you do not have the right to access or use DomuS3D.

You agree to these Terms on behalf of the company or other legal entity for which you are acting (for example, as an employee or contractor) or, if there is no company or legal entity, on behalf of yourself as an individual (“You”). You represent and warrant that you have the right and authority to act on behalf of and bind such entity (if any) and yourself.

You certify that you are at least 18 years of age.

You certify that Your principal place of business or, if You are an individual, Your place of residence is located in either the United States of America, Canada, or Mexico.

You acknowledge that Maticad will use the email address you provide as the primary method of communication.

ACCOUNT

To subscribe to DomuS3D, You need an account. You are responsible for anyone who obtains, accesses or uses DomuS3D through You or Your account (including but not limited to Authorized Users). All activity on your account must follow these Terms & Conditions. You are also responsible for the security of Your account, including your username and password(s), and all activity associated with Your account. If You suspect unauthorized use of Your account, please contact support@maticadusa.com.

You will ensure that all Your account information (including any information that You provide in connection with Your registration) is, and continues to be, true and complete.

Your account is designed to provide a place for You to access and manage Your account information. Certain features provided in Your account are designed to be accessible via the web at https://www.domus3dusa.com.

Your account features may include management of Your profile and management of Your subscriptions.

You understand that Your account will have two separate passwords: one for accessing Your online account at https://www.domus3dusa.com and one for accessing the software. You are responsible for the security and maintenance of both of these passwords. If You forget Your password for https://www.domus3dusa.com, You can request a new password from that site. If You forget Your password to access the software, You can request a new password from the DomuS3D starter window.

PRIVACY

Maticad is committed to protecting Your privacy and letting You know what Maticad will do with Your personal information. Maticad’s Privacy Statement describes how Maticad may collect, use, store and process personal information of or relating to You, and how you may request deletion of Your personal information. You acknowledge that You have read and understand the Privacy Statement.

PROMOTIONAL PERIOD & RIGHT OF RETURN FOR REFUND

 

PROMOTIONAL PERIOD

A promotional period and/or free trial of predetermined length (for example, 30 days) may be offered with Your DomuS3D subscription. All promotional period offers are for new DomuS3D subscribers only who have not previously accessed the program either with a trial or a purchased license. A valid payment method is necessary to download and access Your promotional period and will be charged at the time of purchase for the stated promotional amount or, in the case of a free-trial, you will not be charged at time of purchase but a valid payment method will be necessary. At the end of the set promotional period, Your payment method will be automatically charged and you will be automatically enrolled in a Monthly subscription plan (at the then current monthly subscription price), as indicated during checkout. You may cancel your subscription at any time before the end of your promotional period (or at anytime) by following the instructions here.

Maticad reserves the right, without any further notice, to end any Trial or Promotional Versions at any time.

Right of Return for Refund

For a limited period after You purchase a subscription (the “Return Period”), You may return DomuS3D if you are dissatisfied for any reason with DomuS3D and you may qualify for a refund.

For orders placed directly with Maticad through https://www.domus3dusa.com  Maticad will provide a full refund of Your subscription fees if You cease use and return DomuS3D within the Return Period. The Return Period shall apply only to new subscriptions (not renewals), excluding any subscriptions that include a promotional period, and shall be defined as follows:

  1. for all new Monthly Subscriptions: 2 days from the date of purchase;
  2. for all new Annual Subscriptions: 10 days from the date of purchase.

Your right for refund applies exclusively to new-user subscriptions purchased through https://www.domus3dusa.com excluding subscriptions with a promotional period. Any subscription that includes a promotional period is non-refundable. After the above defined Return Period, or if you have had an active DomuS3D subscription in the past, either purchased or as a trial, your purchase will be considered final and you will no longer be eligible for a refund.

If you would like a refund and believe you are eligible, please contact sales@maticadusa.com within the Return Period.

SUBSCRIPTIONS

Your subscription includes Software and additional Benefits.

Subscriber benefits

You will be entitled to the subscriber Benefits that may include, for example:

  • Rights to use Advanced Rendering Engine V-Ray within DomuS3D*
  • Rights to use Render Manager Module
  • Rights to use Print Composer Manager
  • Rights to technical support via email
  • Access to online guide, training videos, learning events, newsletters, and/or other educational resources
  • Rights to Updates and Upgrades as soon as they will be issued and available
  • Rights to use DomuS3D 360 web-app
  • Rights to Catalog Download Service

Technical Support is only provided to paying subscribers and is only available via email. To contact Maticad technical support, please email support@maticadusa.com.

Catalog Download Service is provided by Maticad directly from within the Live! Page of DomuS3D. By using this service, you agree to and authorize the sharing of any Metrics related to this service with manufacturing companies whose items are available within DomuS3D. Maticad will not be responsible or liable in any manner whatsoever for any eventual outcomes resulting from the use of the Catalog Download Service or for any incompleteness, errors, or incorrect information provided in the catalogs. By using this service, you agree that any and all contents of the catalogs will be used solely and exclusively within DomuS3D. The reuse, resale, unauthorized use, or use outside of DomuS3D of any item from within any catalog inside DomuS3D is expressly prohibited.

*This software contains binary code developed and provided by Chaos Software Ltd. All rights, reserved. Such code is provided “AS IS” and unless otherwise required by applicable law, Chaos Software disclaims any and all warranties, whether express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose or noninfringement of third party rights. To the maximum extent permitted by applicable law, in no event shall Chaos Software be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of such code.

Length of subscription

Your subscription to DomuS3D will be for a fixed term of limited length, the length of which will be indicated at the time of purchase and should be reflected on Your confirmation of purchase. You are responsible for knowing your subscription term length and the automatic renewal date of your subscription, which will be automatically renewed unless cancelled before that date. If you are unsure of your subscription term length or the automatic renewal date of your subscription, please consult your account at https://www.domus3dusa.com or contact support@maticadusa.com.

If You would like to switch the term length of Your subscription, please see this article. Please note that You will not be eligible for any partial or full refunds for any active and paid for subscriptions in the case of overlapping subscription periods of multiple purchases.

Renewal of subscription

All DomuS3D subscriptions will automatically renew at the end of all subscription terms unless cancelled before the end of the then-current subscription. Your subscription will automatically renew to the extent, and on the same terms, that Maticad then generally make commercially available to subscribers of DomuS3D in the same geography.

All DomuS3D subscriptions will automatically renew for the same fixed term of length of the current subscription. All automatic renewals will be charged at the then-current list price for subscriptions of the above identified fixed term of length in the same geography, and will not include any previously applied discounts, offers, or special prices, unless otherwise identified and stated by Maticad.

All subscription prices are subject to change. In case the renewal of your current subscription will be affected by a change in price, we will notify you at least 15 days before this price change affects your renewal in writing at your account email address. In the case of a price change to your existing subscription, you may cancel your subscription up to 3 days after the renewal date and will be eligible for a refund of this final payment (but not of any other previous payments). Completed payments for currently active subscription periods will remain valid until the end of the already paid for subscription period; if a price change will affect your subscription, it will not affect any past payments made but only be applied on applicable subsequent renewal payments.

If you would like to cancel your subscription, please see this support article. You can cancel your subscription at any-time before Your next automatic renewal. You will maintain access to Your DomuS3D subscription until the expiration date of your current subscription indicated in your account.

SOFTWARE LICENSE AGREEMENT

Grant of license – Maticad USA Inc. (“Maticad”) grants you the use of a nonexclusive, nontransferable license to use the enclosed computer program (the “Software”) and its accompanying documentation (“Documentation”) on equipment owned by you or under your control according to these terms and conditions during the active subscription period. This License Agreement permits a single user to use the Software on only one computer at one location at any one time. This License permits you to make only one backup copy of the Software. Documentation may not be copied without the express written consent of Maticad.

Restrictions -You may not:

  1. copy the Software or Documentation except as permitted by this license;
  2. reverse engineer, decompile or disassemble the Software;
  3. distribute, rent, loan, sell, sublicense or otherwise transfer all or part of the Software, Documentation or any rights granted hereunder to any other person without the prior written consent of Maticad;
  4. remove, alter or obscure any proprietary notices, labels or marks from the Software or Documentation;
  5. modify, translate, adapt, arrange or create derivative works based on the Software or Documentation for any purpose;
  6. utilize any equipment, device, software or other means designed to circumvent or remove any form of copy protection used by Maticad in connection with the Software;
  7. if this is a workstation version of the Software it is supplied with a specific node identification number and is authorized for use only on the workstation or server carrying that identification number. You may not alterthe node identification number in any manner or for any purpose so as to permit the Software to be used on any other workstation or server.

Copyright – Ownership and copyrights in the Software and Documentation and any copies made by you remain with Maticad. Unauthorized copying of the Software or Documentation or failure to comply with the above restrictions will result in automatic termination of this license.

Warranty – Maticad warrants that the Software will provide the facilities and functions generally described in the Documentation and that the media on which the Software is furnished will be free from defects in materials and workmanship under normal use. Maticad’s entire liability and your exclusive remedy under these warranties will be, at Maticad’s option, to attempt to correct or work around errors, to replace the media or to refund the license fee and terminate this license. This remedy is subject to the return of the Software with a copy of your receipt to Maticad or to the Authorized Maticad Dealer from whom it was obtained within ninety (90) days from the date of its delivery to you. Except for the above express limited warranties, Maticad makes and you receive no warranties, express, implied, statutory or in any communication with you, and Maticad specifically disclaims any other warranty including the implied warranty of merchantability or fitness for a particular purpose. Maticad does not warrant that the operation of the software will be uninterrupted or error free.

Disclaimer – Maticad shall not be liable in any manner whatsoever for the results obtained through the use of the software. Persons using the Software are responsible for the supervision, management and control of the Software. This responsibility includes the determination of appropriate uses for the Software and the selection of the Software and other programs to achieve intended results. Persons using the Software are also responsible for establishing the adequacy of independent procedures for testing the reliability and accuracy of any program output, including all items designed by using the Software.

Limitation of liability – In no event will Maticad be liable for any loss or damages of any kind, including but not limited to loss of data, lost profits, cost of cover or other special, incidental, consequential or indirect damages arising out of the use or inability to use the Software or Documentation. This limitation will apply even if Maticad or any Maticad Dealer has been advised of the possibility of such loss or damage. You acknowledge that the license fee reflects this allocation of risk.

GENERAL

This license shall terminate without further notice or action by Maticad if you, the licensee, shall become bankrupt, make an arrangement with your creditors or go into liquidation.

This Agreement shall be governed by the laws of Italy, and all disputes shall be decided by the court of Pesaro.

This Agreement is the entire agreement between us and supersedes any other communications or advertising with respect to the Software and Documentation.

If you have any questions, please contact your Authorized Maticad Dealer.

If any provision of these license conditions is found to be invalid or otherwise unenforceable, the further conditions of this license will remain fully effective and the parties will be bound by obligations which approximate, as closely as possible, the effect of the provision found invalid or unenforceable, without being themselves invalid or unenforceable.

User acknowledges and agrees that product can shared with Maticad Server information like product code, product details, data also for statistical purposes, in order to grant the correct working of the application, and also in order to improve the product and related services. All information can be treated as aggregated and combined data (macrodata), anonymously, for statistic ends, models or reports and can be transferred or published. Anyway, such information will be treated as confidential and accordingly with the related laws.