END USER LICENSE AGREEMENT

This End User License Agreement ("Agreement") is between you ("End-User" or "You") and Immersive Engineering Limited ("Licensor", "we", "us", "our"), a company registered in Scotland, Company Number SC752873, with registered office in Edinburgh, Scotland.

By downloading, installing, or using any software product provided by Immersive Engineering Limited (collectively, "Licensed Applications"), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement.

1. DEFINITIONS

1.1 Licensed Applications

"Licensed Applications" means any software products developed, published, or distributed by Immersive Engineering Limited, including but not limited to:

bVildR: 3D visualisation platform for CAD data, point clouds, and immersive environments
MeshBuilder: 3D reconstruction software using Gaussian Splatting technology
Other Software Products: Any other applications, tools, or software distributed by Immersive Engineering Limited

1.2 Services

"Services" refers to software distribution platforms, cloud services, or delivery mechanisms through which Licensed Applications may be obtained, including direct downloads, enterprise deployments, or third-party platforms.

1.3 Usage Rules

"Usage Rules" means any applicable terms of service from distribution platforms or services through which the Licensed Application is obtained, to the extent such rules do not conflict with this Agreement.

2. THE LICENSED APPLICATIONS

2.1 Purpose and Functionality

Licensed Applications are software tools created for professional use, including but not limited to:

Viewing, manipulating, and analysing 3D data
Creating immersive virtual reality and 3D visualisation experiences
Processing and reconstructing 3D models from photogrammetry data
Engineering, manufacturing, and industrial visualisation
Training simulation and operational planning

2.2 Regulatory Compliance

The Licensed Applications are not specifically tailored to comply with industry-specific regulations such as:

Health Insurance Portability and Accountability Act (HIPAA)
Federal Information Security Management Act (FISMA)
Medical device regulations
Financial services regulations

If your use would be subject to such laws, you must assess suitability and may require a separate agreement. You may not use the Licensed Applications in a way that would violate:

The Gramm-Leach-Bliley Act (GLBA)
International sanctions or export controls
Any applicable industry-specific regulations

2.3 Updates and New Versions

This License will also govern any updates, patches, or upgrades of the Licensed Application provided by Licensor that replace, repair, or supplement the Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

3. SCOPE OF LICENSE

3.1 Grant of License

Subject to your compliance with this Agreement, Licensor grants you a limited, non-exclusive, non-transferable, revocable license to:

Download, install, and use the Licensed Application
Use the Licensed Application solely for your internal business purposes
Use the Licensed Application on devices that you own or control

The scope of the license is further defined by your license type:

Individual License: For use by a single named user
Enterprise License: For use by authorised users within your organisation as specified in your license agreement
Educational License: For educational and non-commercial use by students and faculty
Evaluation/Trial License: For temporary evaluation purposes with limited functionality or duration

3.2 License Restrictions

You may not, and you may not permit others to:

Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Licensed Application
Modify, adapt, translate, or create derivative works based on the Licensed Application
Remove, alter, or obscure any proprietary notices (copyright, trademark, etc.) from the Licensed Application
Rent, lease, lend, sell, sublicense, or otherwise transfer the Licensed Application to third parties
Use the Licensed Application to develop competing software products
Use the Licensed Application in violation of any applicable laws or regulations
Share your license credentials or account access with unauthorised users (except as permitted by Enterprise licenses)

3.3 Permitted Copies

You may create and store copies of the Licensed Application only:

On devices that you own or control
For backup purposes
As necessary for authorised use under your license type

You acknowledge that unauthorised third parties may not gain access to these copies. If you sell or transfer devices containing the Licensed Application, you must remove the Licensed Application before doing so.

3.4 Enterprise and Multi-User Licenses

For Enterprise licenses:

The Licensed Application may be used by authorised employees, contractors, or agents of your organisation
The number of concurrent users must not exceed the licensed quantity
You are responsible for ensuring all users comply with this Agreement
You may designate administrators to manage user access

3.5 Violations

Violations of these obligations, as well as attempts at such infringement, may be subject to:

Immediate license termination
Legal prosecution
Claims for damages
Injunctive relief

4. TECHNICAL REQUIREMENTS

4.1 System Requirements

Each Licensed Application has specific system requirements including:

Operating system (Windows, Linux, macOS, etc.)
Hardware specifications (CPU, GPU, RAM, storage)
Network connectivity requirements
Third-party software dependencies

It is your responsibility to ensure your systems meet these requirements before installation and use.

4.2 Compatibility

Licensor attempts to keep Licensed Applications updated for compatibility with:

Modified or new versions of operating systems
New hardware platforms
Updated third-party dependencies

However, you are not granted rights to demand such updates. Licensor reserves the right to modify technical requirements and supported platforms at any time.

4.3 Air-Gap and Offline Deployments

Some Licensed Applications support air-gapped or offline deployments for secure environments. Specific configuration and licensing requirements apply. Contact Licensor for details on offline licensing options.

5. MAINTENANCE AND SUPPORT

5.1 Licensor Responsibility

Licensor is solely responsible for providing maintenance and support services for Licensed Applications, which may include:

Software updates and patches
Bug fixes and security updates
Technical support and documentation
Feature enhancements (at Licensor's discretion)

5.2 Support Channels

Support is provided according to your license type:

Standard Support: Email support with reasonable response times
Premium Support: Priority support with faster response times
Enterprise Support: Dedicated support, on-site assistance, and service level agreements (SLA)

Contact information for support:

Email: support@immersive-engineering.com
Website: immersive-engineering.com/contact

5.3 Maintenance Windows

Licensor may perform maintenance that temporarily affects availability of cloud-based features or services. Reasonable notice will be provided for planned maintenance.

6. USER-GENERATED CONTRIBUTIONS

6.1 Content Uploads

Some Licensed Applications allow you to create, submit, upload, or store content including:

3D models, CAD files, and point cloud data
Project files and configurations
Annotations, measurements, and metadata
Training materials and documentation

6.2 Your Responsibilities

When you upload or create content using Licensed Applications, you represent and warrant that:

You are the creator and owner, or have necessary licenses and permissions
The content does not infringe intellectual property rights of any third party
The content does not violate applicable laws or regulations
You have rights to use and authorise us to process such content

6.3 Our Use of Your Content

By using Licensed Applications, you agree that we may:

Store and process your content to provide the Licensed Application features
Create backup copies for disaster recovery
Use anonymised, aggregated data for product improvement (without identifying you or your specific content)

We do not claim ownership of your content. You retain all intellectual property rights to content you create or upload.

6.4 Prohibited Content

You may not upload or create:

Malware, viruses, or malicious code
Content that infringes third-party intellectual property rights
Illegal, defamatory, or obscene content
Data from sanctioned countries or restricted parties

7. LIABILITY

7.1 Limitation of Liability

To the maximum extent permitted by law, Licensor shall not be liable for:

Loss of data (you are responsible for maintaining backups)
Business interruption or lost profits
Indirect, incidental, special, or consequential damages
Damages resulting from improper use or unauthorised modifications
Damages caused by third-party software or hardware

7.2 Data Loss Prevention

To avoid data loss, you are required to:

Make regular backups of your data
Test backup and recovery procedures
Maintain redundant copies of critical data
Follow best practices for data management

7.3 Maximum Liability

Licensor's total liability to you for all claims arising from this Agreement shall not exceed the amount you paid for the Licensed Application in the 12 months preceding the claim.

7.4 Exceptions

Nothing in this Agreement excludes or limits liability for:

Death or personal injury caused by negligence
Fraud or fraudulent misrepresentation
Any liability that cannot be excluded or limited by applicable law

8. WARRANTY

8.1 Limited Warranty

Licensor warrants that:

The Licensed Application is free of malware at the time of download or installation
The Licensed Application substantially conforms to its documentation
Licensor has the right to grant the licenses granted herein

This warranty is valid for 90 days from the date of download or purchase.

8.2 Warranty Exclusions

No warranty is provided for Licensed Applications that have been:

Modified or altered by anyone other than Licensor
Used with incompatible hardware or software
Combined with third-party software in a manner not approved by Licensor
Used in violation of this Agreement or applicable laws

8.3 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8.1, THE LICENSED APPLICATIONS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY OR COMPLETENESS OF RESULTS
UNINTERRUPTED OR ERROR-FREE OPERATION

8.4 Sole Remedy

Your sole remedy for breach of the limited warranty in Section 8.1 is, at Licensor's option:

Repair or replacement of the Licensed Application
Refund of the license fee paid

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Licensor's IP

All intellectual property rights in the Licensed Applications, including:

Source code and object code
Algorithms and software architecture
User interfaces and visual designs
Documentation and training materials
Trademarks, logos, and branding

remain the exclusive property of Immersive Engineering Limited or its licensors.

9.2 Third-Party IP

Licensed Applications may include third-party software components subject to separate licenses. Such licenses are either:

Included in the application documentation
Available in the "About" or "Licenses" section of the application
Provided upon request

9.3 Infringement Claims

If a third party claims that a Licensed Application infringes their intellectual property rights, Licensor will:

Investigate and defend the claim
At Licensor's option: modify the application, obtain rights, or provide a replacement

This is subject to your:

Prompt notification of the claim
Reasonable cooperation
Allowing Licensor exclusive control of defense and settlement

10. PRODUCT CLAIMS AND COMPLIANCE

10.1 Product Liability

Immersive Engineering Limited is responsible for addressing claims relating to Licensed Applications, including:

Product liability claims
Regulatory compliance claims
Consumer protection law claims

10.2 Export Compliance

You represent and warrant that you are not:

Located in a country subject to UK, EU, or US Government embargo
Listed on any UK, EU, or US prohibited or restricted parties list
Using Licensed Applications for prohibited purposes (e.g., weapons development, sanctioned activities)

You agree to comply with all applicable export control laws and regulations.

11. TERMINATION

11.1 Automatic Termination

Your rights under this License will terminate automatically and immediately if you:

Fail to comply with any term of this Agreement
Fail to pay license fees when due
Engage in unauthorised use or distribution
Violate intellectual property rights

11.2 Termination by Licensor

Licensor may terminate this License:

For breach of this Agreement (with or without notice depending on severity)
For non-payment (after reasonable notice)
If required by law or court order

11.3 Termination by You

You may terminate this License at any time by:

Ceasing all use of the Licensed Application
Destroying all copies in your possession or control
Notifying Licensor of termination (for subscription licenses)

11.4 Effect of Termination

Upon termination:

You must immediately cease all use of the Licensed Application
You must destroy or delete all copies of the Licensed Application
Any outstanding fees become immediately due
Licensor may disable your license keys or access credentials
Certain provisions survive, including confidentiality, limitations of liability, and intellectual property rights

12. THIRD-PARTY TERMS AND BENEFICIARIES

12.1 Third-Party Services

If you obtained the Licensed Application through a third-party service or platform:

You must comply with their terms of service
This Agreement does not conflict with their usage rules
They are not party to this Agreement and have no obligations regarding the Licensed Application

12.2 Third-Party Components

Licensed Applications may incorporate or be distributed with third-party software components. Use of such components is governed by their respective licenses. Licensor makes no representations or warranties regarding third-party components.

13. DATA PROTECTION AND PRIVACY

13.1 Privacy Policy

Use of Licensed Applications is subject to Immersive Engineering Limited's Privacy Policy, available at immersive-engineering.com/privacy.

13.2 Data Processing

We may collect and process:

License and account information
Usage analytics and telemetry data
Crash reports and error logs
Support and communication records

This data is processed according to our Privacy Policy and applicable data protection laws (GDPR, UK Data Protection Act).

13.3 Your Data Rights

You have rights regarding your personal data, including access, correction, deletion, and portability. See our Privacy Policy for details.

14. APPLICABLE LAW AND JURISDICTION

14.1 Governing Law

This License Agreement is governed by and construed in accordance with the laws of Scotland, excluding conflict of law principles.

14.2 Jurisdiction

Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of Scotland.

14.3 International Use

If you use the Licensed Application outside Scotland or the United Kingdom, you are responsible for compliance with local laws and regulations.

15. MISCELLANEOUS

15.1 Entire Agreement

This Agreement, together with the Privacy Policy and any applicable addenda, constitutes the entire agreement between you and Licensor regarding the Licensed Application.

15.2 Severability

If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be reformed to the extent necessary to make it valid and enforceable.

15.3 Waiver

Failure by Licensor to enforce any provision of this Agreement does not waive the right to enforce that provision or any other provision in the future.

15.4 Amendments

Licensor reserves the right to modify the terms of this Agreement. Changes will be effective upon notice to you or posting of updated terms. Continued use after changes constitutes acceptance of the modified terms.

15.5 Assignment

You may not assign or transfer your rights or obligations under this Agreement without Licensor's prior written consent. Licensor may assign this Agreement in connection with a merger, acquisition, or sale of assets.

15.6 Force Majeure

Neither party shall be liable for delays or failures in performance due to circumstances beyond their reasonable control.

15.7 Notices

Notices under this Agreement should be sent to:

Immersive Engineering Limited Edinburgh, Scotland Company Number: SC752873 Email: legal@immersive-engineering.com

16. CONTACT INFORMATION

For questions, complaints, or claims concerning the Licensed Applications, please contact:

Immersive Engineering Limited Edinburgh, Scotland, United Kingdom Company Number: SC752873

General Inquiries: info@immersive-engineering.com
Technical Support: support@immersive-engineering.com
Legal: legal@immersive-engineering.com

Last Updated: 5 January 2025

BY DOWNLOADING, INSTALLING, OR USING THE LICENSED APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.