TINMAN 3D / REALTIME TERRAIN
Software Development Kit - User Manual
The TINMAN 3D SDK End-User License Agreement (EULA) is a legal agreement between YOU (either an individual or a single entity) and TINMAN 3D (Matthias Englert, VAT-ID DE231960649) for the software product TINMAN 3D SDK which may include associated software components, media, printed materials, and "online" or electronic documentation (SOFTWARE). The SOFTWARE also includes any updates and supplements to original software provided to YOU. By downloading, installing, copying, or otherwise using the SOFTWARE, YOU agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between YOU and TINMAN 3D, and it supersedes any prior proposal, representation, or understanding between the parties. If YOU do not agree to the terms of this EULA, do not install or use the SOFTWARE.
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
(1) GRANT OF LICENSE
TINMAN 3D grants you the rights described in this EULA provided that you comply with all the terms and conditions of this EULA:
(a) General Software License Grant
YOU are granted a right to download and install the SOFTWARE and use it to develop your own software that is dependent on the SOFTWARE. TINMAN 3D grants the use of the SOFTWARE according to one of the license types below. Licenses purchased for development do not extend to third parties even if the software was developed for that third party. All entities must have a separate license.
i. FREE
YOU are free to use those parts of the SOFTWARE that are explicitly marked as FREE-TO-USE without charge.
Use of the SOFTWARE without purchase of a license shall be limited to evaluation purposes only. Software created using an EVALUATION license must be destroyed when the trial period has expired. Software created using an EVALUATION license cannot be bought, sold, licensed, copied, traded or otherwise used by other individuals. The trial period lasts with the term of this EULA.
If YOU purchased a USER license, TINMAN 3D grants to YOU one (1) personal, non-transferable, nonexclusive, royalty-free license to use copies of the SOFTWARE and install such software on your machine(s) for your single concurrent internal use, to develop any number of non-commercial or commercial software that is dependent on the SOFTWARE. Use of the SOFTWARE by other individuals is permitted only if said other individual has been licensed to use the SOFTWARE. The period of a USER license is one (1) year, beginning on the date of purchase.
If YOU purchased a SITE license, YOU may install the SOFTWARE on an unlimited number of machines within the SITE, where the term "SITE" refers to the physical company location to appear on the purchase invoice. You may duplicate and distribute the SOFTWARE within the SITE, provided that each copy is a true and complete copy, including all copyright and trademark notices, and includes a copy of this EULA. YOU are permitted to develop any number of commercial or non-commercial software that is dependent on the SOFTWARE. You may not duplicate or distribute the SOFTWARE outside of the SITE. Use of the SOFTWARE by individuals outside of the SITE is permitted only if said other individual has been licensed to use the SOFTWARE. The period of a SITE license is one (1) year, beginning on the date of purchase.
If YOU purchased an ACADEMIC license, YOU may install the SOFTWARE on an unlimited number of machines within the ENTITY, where the term "ENTITY" refers to the academic entity to appear on the purchase invoice. You may duplicate and distribute the SOFTWARE within the ENTITY, provided that each copy is a true and complete copy, including all copyright and trademark notices, and includes a copy of this EULA. YOU are permitted to develop any number of non-commercial software that is dependent on the SOFTWARE. You may not duplicate or distribute the SOFTWARE outside of the ENTITY. Use of the SOFTWARE by individuals outside of the ENTITY is permitted only if said other individual has been licensed to use the SOFTWARE. The period of an ACADEMIC license is one (1) year, beginning on the date of purchase.
If YOU have purchased a PRODUCT license for a certain product of your company, YOU may redistribute those parts of the SOFTWARE that are explicitly marked as REDISTRIBUTABLE along with the licensed product. PRODUCT licenses are perpetual and include those versions of the SOFTWARE that have been released one (1) year after the date of purchase or earlier.
If YOU have purchased a COMPANY license for your company, YOU may redistribute those parts of the SOFTWARE that are explicitly marked as REDISTRIBUTABLE along with those products that are developed and released by your company. COMPANY licenses are perpetual and include those versions of the SOFTWARE that have been released one (1) year after the date of purchase or earlier.
If YOU have purchased a FULL license for your company, YOU may redistribute those parts of the SOFTWARE that are explicitly marked as REDISTRIBUTABLE along with those products that are developed and released by your company, or any products derived thereof, including products that are developed and released by third parties. FULL licenses are perpetual and include those versions of the SOFTWARE that have been released one (1) year after the date of purchase or earlier.
If YOU have purchased a SOURCE license for a specific programming language (C# or C++), YOU are granted access to additional SOURCECODE, written in the licensed programming language. YOU may modify the licensed SOURCECODE solely for the purpose of creating updated BINARIES, which may only be used as a direct replacement for the original BINARIES that are included in the SOFTWARE. SOURCE licenses are perpetual and include those versions of the SOFTWARE that have been released one (1) year after the date of purchase or earlier.
(b) Redistribution
TINMAN 3D is not obligated to provide support for works derived from the SOFTWARE.
(c) Disassembly
YOU must not modify the SOFTWARE in any manner. YOU shall not, nor allow others to copy, in whole or in part, emulate, sub-license, sell, transfer, exploit, alter, modify or adapt the SOFTWARE nor decompile, dissemble or reverse engineer the same nor attempt to do such thing.
(d) Reservation of Rights.
TINMAN 3D reserves all rights not expressly granted herein.
(2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
(a) Rental
You may not lease or rent the SOFTWARE.
(b) Proprietary notices
You may not remove any proprietary notices or labels on the SOFTWARE.
(c) Consideration
For the rights and license granted in this EULA you will pay TINMAN 3D the mutually agreed upon amount to appear on a valid invoice.
(d) Termination
Without prejudice to any other rights, TINMAN 3D may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.
(e) Term
The term of this EULA shall continue perpetually from the date of download or purchase unless terminated according to the provisions in section (2-d).
(f) Derived Works
You agree that you will not use the SOFTWARE to develop derived works that offer similar functionality as the SOFTWARE, expose the features of the SOFTWARE for use by an unlicensed third party.
(g) Transfer
You may not assign this EULA without the prior written consent of TINMAN 3D, such consent which will not to be unreasonably withheld, except that you may assign this EULA in conjunction with a merger or acquisition which results in the sale of all or a substantial part of your business utilizing this EULA. Any unauthorized assignment of this EULA is void.
(3) SOFTWARE MAINTENANCE AND UPDATES
(a) Updates
TINMAN 3D periodically releases updates to existing versions, and also complete new versions, of the SOFTWARE. Updates and new versions can be downloaded and evaluated free of costs.
(b) Support
TINMAN 3D is not obligated to, but may at its own option, provide free email support. Owners of USER and SITE licenses will receive priority support via email.
(c) Exchange Of License
If this copy of the SOFTWARE is an upgrade from an earlier version of the SOFTWARE, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the SOFTWARE to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the SOFTWARE or transfer it to another person or entity unless such transfer is otherwise valid according to the terms of this EULA.
(4) COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, text, and "applets" incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by TINMAN 3D. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material. "TINMAN 3D" is a registered trademark of Matthias Englert (VAT-ID DE231960649).
(5) LIMITATION OF LIABILITY
(a) No warranties
TINMAN 3D expressly disclaims any warranty for the SOFTWARE. The SOFTWARE and any related documentation is provided "As Is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, non-infringement, or fitness of a particular purpose. The entire risk arising out of use or performance of the SOFTWARE remains with you.
(b) No liability for damages
To the maximum extent permitted by applicable law, in no event TINMAN 3D is liable for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use this product (including but not limited to loss of data, or data being rendered inaccurate, or losses sustained by you or third parties, or a failure of the program to operate with any other programs), even if TINMAN 3D has been advised of the possibility of such damages.
(6) DISCLAIMER
THIS SOFTWARE IS PROVIDED "AS IS", WITHOUT A WARRANTY OF ANY KIND. THE AUTHOR OF THIS SOFTWARE ("TINMAN 3D") DOES NOT TAKE ANY RESPONSE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE. IN NO EVENT WILL TINMAN 3D BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF TINMAN 3D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AUTHOR DOES NOT WARRANT THAT TINMAN 3D SDK IS FREE FROM BUGS, ERRORS, OR OTHER PROGRAM LIMITATIONS. LIMITATION OF LIABILITY AND DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE AUTHOR WILL NOT BE SUBJECT TO LIABILITY FOR ANY BUGS OR DAMAGES CAUSED BY CERTAIN TINMAN 3D SDK FEATURES.
(7) LANGUAGE OF AGREEMENT
You agree that this EULA be drafted in the English language.
(8) DEFINITION OF TERMS
(a) FREE-TO-USE
Means those components of the SOFTWARE that do not require a licence key, which are the following:
i. tinman3d_demo (unlimited functionality)
Showcase and tutorial application
/bin/win.*/tinman3d_demo.exe
ii. tinman32_bakery (unlimited functionality)
Utility for acquiring licence keys
/bin/win.any/tinman3d_bakery.exe
iii. tinmanpc (limited functionality)
Command-line processor tool
/bin/win.*/tinmanpc.exe
(b) CONTENT
Means those parts of the SOFTWARE that represent content other than SOURCECODE, including but not limited to:
i. 3D Models (*.cmh), Textures (*.txb), Images (*.png, *.ico, etc.), Geodetic Parameter Datasets (*.dat)
This content has been licensed by TINMAN 3D for use in the SOFTWARE. Any other use may require separate licensing by the respective content provider.
ii. Example geodata (located in the /data/geo directory)
This content is included in the SOFTWARE solely for the purpose of demonstration and explanation, and is subject to the licensing terms of the respective content provider.
iii. Documentation
All documentation files contained in the SOFTWARE are owned by TINMAN 3D, except external documentation that is provided by 3rd parties (located in the /external directory of the SOFTWARE package).
iv. Additional packages
The SOFTWARE contains additional packages, which must be licensed separately.
(c) SOURCECODE
Means those parts of the SOFTWARE that represent source code in any programming language intended for compilation, owned and/or copyrighted by TINMAN 3D, including but not limited to:
i. Tinman 3D script files (*.tms)
All script files contained in the SOFTWARE are owned by TINMAN 3D.
ii. C++ source files (*.cpp, *.h, *.hpp)
All C++ source files contained in the SOFTWARE are owned by TINMAN 3D, except external source files that are provided by 3rd parties (located in the /external directory of the SOFTWARE package), which are subject to their respective licensing terms.
iii. C# source files (*.cs)
All C# source files contained in the SOFTWARE are owned by TINMAN 3D.
iv. Direct3D HLSL source files (*.fx, *.inc)
All HLSL source files contained in the SOFTWARE are owned by TINMAN 3D.
(d) BINARIES
Means those parts of the SOFTWARE that can be created from SOURCECODE, by the means of compilation, interpretation, transformation or any other form of syntax analysis, including but not limited to:
i. Binary library files (*.dll, *.lib)
ii. Executable files (*.exe)
iii. Compiled documentation files (*.xml, *.bcd)
iv. Compiled GPU programs (*.dx9, *.dx11)
TINMAN 3D holds the copyright on the BINARIES.
(e) REDISTRIBUTABLE
Means those parts of the BINARIES that a dependent software requires to run, which are the following:
i. Dynamic link libraries (*.dll), distributed as separate files
ii. Static link libraries (*.lib), linked into the dependent software
iii. Compiled GPU programs (*.dx9, *.dx11)
If you have read and accepted the terms of this EULA, please use this password for extracting the Tinman 3D SDK package archives:
| Password: |
3zhfca87wov9
|
You will find the download links on the Release Notes page.
info@tinman3d.com
| Copyright © 2012 - 2017 Matthias Englert, Fulda (Germany)