Terms and Conditions

End User License Agreement

Document Version 7 of 2024/01/13

The TINMAN 3D SDK End-User License Agreement (EULA) is a legal agreement between YOU (either an individual person or a legal 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 SOFTWARE 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:

    1. 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.

      1. FREE

        YOU are free to use those parts of the SOFTWARE that are explicitly marked as FREE-TO-USE without charge.

      2. EVALUATION

        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.

      3. USER

        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 three (3) months, beginning on the date of purchase, unless stated otherwise in a licence certificate issued by TINMAN 3D.

      4. SITE

        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 or the organizational partition 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, unless stated otherwise in a licence certificate issued by TINMAN 3D.

      5. ACADEMIC

        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, unless stated otherwise in a licence certificate issued by TINMAN 3D.

      6. PRODUCT

        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. They include those versions of the SOFTWARE that have been released on the date of purchase or earlier, unless stated otherwise in a licence certificate issued by TINMAN 3D.

      7. COMPANY

        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. They include those versions of the SOFTWARE that have been released on the date of purchase or earlier, unless stated otherwise in a licence certificate issued by TINMAN 3D.

      8. FULL

        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. They include those versions of the SOFTWARE that have been released on the date of purchase or earlier, unless stated otherwise in a licence certificate issued by TINMAN 3D.

      9. SOURCE

        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. They include those versions of the SOFTWARE that have been released on the date of purchase or earlier, unless stated otherwise in a licence certificate issued by TINMAN 3D.

    2. Redistribution

      TINMAN 3D is not obligated to provide support for works derived from the SOFTWARE.

    3. 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.

    4. Reservation of Rights.

      TINMAN 3D reserves all rights not expressly granted herein.

  2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

    1. Rental

      You may not lease or rent the SOFTWARE.

    2. Proprietary notices

      You may not remove any proprietary notices or labels on the SOFTWARE.

    3. 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.

    4. 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.

    5. 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).

    6. 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.

    7. 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

    1. 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.

    2. Support

      TINMAN 3D is not obligated to, but may at its own option, provide free support for the SOFTWARE.

      If YOU purchased a SUPPORT license, TINMAN 3D provides priority email support according to the support specification in your licence certificate. The support specification defines which individuals are eligible for receiving priority email support as well as the support level they receive.

      Support level BASIC:

      • Provision of references to existing documentation content, examples and/or tutorials of the SOFTWARE, which are relevant and/or helpful for resolving the issue at hand

      • Provision of additional information regarding use of the SOFTWARE which is not already contained in the existing documentation, code examples and tutorials

      Support level STANDARD:

      • All of support level BASIC

      • Technical support for issues found in the most recent release of the SOFTWARE, which may be the provision of a viable work-around, a SOURCECODE patch, patched BINARIES or a new release

      • Technical support for dealing with the breaking changes of a new release of the SOFTWARE.

      Support level PREMIUM:

      • All of support level STANDARD

      • Training and coaching on how to use the capabilities of the SOFTWARE to implement the features YOU require, including but not limited to: custom code examples and tutorials, code review, rapid prototyping

      SUPPORT licenses do not include custom services such as software development. YOU may purchase custom services from TINMAN 3D separately, if available.

    3. 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

    1. 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.

    2. 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 the SOFTWARE (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 SOFTWARE to operate with any other software), 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

    1. FREE-TO-USE

      Means those components of the SOFTWARE that do not require a licence key, which are the following:

      1. tinman3d_demo (unlimited functionality)
        Showcase and tutorial application
        /bin/win.*/tinman3d_demo*.exe

      2. tinman32_bakery (unlimited functionality)
        Utility for acquiring licence keys
        /bin/win.any/tinman3d_bakery.exe

      3. tinmanpc (limited functionality)
        Command-line processor tool
        /bin/win.*/tinmanpc.exe

      4. tinman3d_workshop (limited functionality)
        IDE for SDK scripting
        /bin/win.any/tinman3d_workshop.exe

    2. CONTENT

      Means those parts of the SOFTWARE that represent content other than SOURCECODE, including but not limited to:

      1. 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.

      2. 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.

      3. 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 /ext directory of the SOFTWARE package).

      4. Additional packages

        The SOFTWARE contains additional packages, which must be licensed separately.

    3. 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:

      1. Tinman 3D script files (*.tms)

        All script files contained in the SOFTWARE are owned by TINMAN 3D.

      2. 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 /ext directory of the SOFTWARE package), which are subject to their respective licensing terms.

      3. C# source files (*.cs)

        All C# source files contained in the SOFTWARE are owned by TINMAN 3D.

      4. GPU program source files (*.hlsl, *.glsl)

        All GPU program source files contained in the SOFTWARE are owned by TINMAN 3D.

    4. 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:

      1. Binary library files (*.dll, *.lib)

      2. Executable files (*.exe)

      3. Compiled documentation files (*.xml, *.bcd)

      4. Compiled GPU programs (*.asm, *.cso)

      TINMAN 3D holds the copyright on the BINARIES.

    5. REDISTRIBUTABLE

      Means those parts of the BINARIES that do not contain any compiler-generated DEBUG information and that a dependent software requires to run, which are the following:

      1. Dynamic link libraries (*.dll) or any parts hereof, distributed as separate files in the dependent software package / installer or embedded in the dependent software binary, by use of 3rd party tools for binary code shrinking, obfuscation and/or optimization

      2. Static link libraries (*.lib) or any parts hereof, linked into the dependent software, by use of 3rd party tools for binary code linking and/or optimization.

      3. Compiled GPU programs (*.asm, *.cso)

Version 7 of 2024/01/13

  • Updated SOFTWARE MAINTENANCE AND UPDATES / Support.

  • Clarified wording regarding "individual person" and "legal entity".

  • Fixed wording by replacing "program" and "product" with "SOFTWARE".

Version 6 of 2023/09/20

  • Updated USER, SITE, ACADEMIC, PRODUCT, COMPANY, FULL and SOURCE under GRANT OF LICENSE / General Software License Grant.

  • Updated SOFTWARE MAINTENANCE AND UPDATES / Support.

Version 5 of 2023/05/02

  • Updated DEFINITION OF TERMS / REDISTRIBUTABLE.

Version 4 of 2022/09/21

  • Added tinman3d_workshop to DEFINITION OF TERMS / FREE TO USE.

  • Fixed typo in DEFINITION OF TERMS / CONTENT / Documentation.

  • Fixed typo in DEFINITION OF TERMS / SOURCECODE / C++ source files.

  • Replaced DEFINITION OF TERMS / SOURCECODE / Direct3D HLSL source files with GPU program source files.

  • Updated DEFINITION OF TERMS / BINARIES / Compiled GPU programs.

  • Updated DEFINITION OF TERMS / REDISTRIBUTABLE / Dynamic link libraries.

  • Updated DEFINITION OF TERMS / REDISTRIBUTABLE / Static link libraries.

  • Updated DEFINITION OF TERMS / REDISTRIBUTABLE / Compiled GPU programs.

Version 3 of 2017/10/06

  • Added SOURCE licence.

  • Changed wording in GRANT OF LICENSE / Disassembly.

  • Fixed typo in DISCLAIMER.

  • Updated DEFINITION OF TERMS.

Version 2 of 2017/04/28

  • Added DEFINITION OF TERMS.

Version 1 of 2016/03/11

  • Created initial document version.

Terms of Service

Document Version 5 of 2024/01/13

The TINMAN 3D Terms of Service Agreement (TOSA) is a legal agreement between YOU (either an individual person or a legal entity) and TINMAN 3D (Matthias Englert, VAT-ID DE231960649) for provision of service by TINMAN 3D to YOU on an hourly basis.

  1. PROVISION OF SERVICE

    1. Service Package

      If YOU have purchased a Service Package, YOU will receive the fixed amount of Working-Hours that is associated with said package. The Working-Hours will be provided by TINMAN 3D according to YOUR specifications and requirements, within the rules of the Service Workflow.

    2. Scope of Service

      Provision of service by TINMAN 3D is limited to those services that are expressively indicated by the purchased Service Package, unless YOU and TINMAN 3D have mutually agreed on the provision of other services.

    3. Rules of Service

      TINMAN 3D uses its own operating resources to produce the Work Results at its own place of operation.

      YOU will supply all project-specific material that is required to fulfil YOUR work assignments to TINMAN 3D, free of charge. TINMAN 3D will perpetually treat all supplied material as YOUR trade secret, will use it solely within the scope of the Service Workflow and will wholly delete resp. return all supplied material upon a written request by YOU.

      TINMAN 3D will perpetually treat any information that has been received from YOU within the scope of the Service Workflow as YOUR trade secret, if the information has been transmitted in an encrypted form, including but not limited to: password-protected ZIP archives, encrypted emails (PGP). Similar information that is publicly available and/or already known to TINMAN 3D at the time of receipt will not be treated as YOUR trade secret.

      TINMAN 3D is not entitled to receive work assignments for the full amount of Working-Hours from YOU, whereas work assignments must not be withhold by YOU based on unsubstantial arguments.

      YOU are not entitled to be provided with the full amount of Working-Hours by TINMAN 3D, whereas provision of work must not be withhold by TINMAN 3D based on unsubstantial arguments.

      YOU do not have authority over TINMAN 3D, for example to give directives.

      The purpose of these rules is to establish a fundamental level of confidentiality and to ward off suspect of disguised employment.
    4. Suspension

      The Provision of Service will be suspended without notice as soon as the Service Workflow has remained in the Evaluate or Discuss state for more than 7 (seven) full calendar days, unless stated otherwise in the Task Document. Toggling between those two states does not reset the day count.

      The purpose of suspension is to focus on settling potential disputes quickly in order to minimize any risk or danger that may arise thereof.
    5. Expiration

      Unspent Working-Hours will expire irrevocably as soon as the Service Workflow has not been in the Working state for longer than 180 (one hundred and eighty) full calendar days, unless stated otherwise in the Task Document.

      Since YOU control of the transition to the Working state, expiration will only happen if YOU do not provide any work assignments for a long time.
    6. Refund

      Unspent and non-accepted Working-Hours will be refunded by TINMAN 3D to 90% of their original price upon a written request by YOU, if the Service Workflow has remained in the Working state without transition for longer than 30 (thirty) full calendar days, unless stated otherwise in the Task Document.

      If TINMAN 3D does not deliver any substantial Work Result for a long time, you become entitled to get an almost full refund.
  2. SERVICE WORKFLOW

    The Service Workflow consists of states and transitions between them. It depicts how Provision of Service will be fulfilled.

    services
    Figure 1. Service Workflow
    1. Purchase

      In the Purchase state, YOU go through the order process to purchase a Service Package. Simultaneously, TINMAN 3D and YOU settle initial agreements, including but not limited to:

      • Signing of additional Non-Disclosure Agreements

      • Technical preparations for delivery of Work Results

      • Technical discussions for the initial Task Document

      When all initial agreements have been reached and payment has been received, the transition to the Waiting state takes place. No Working Hours will be logged in the Purchase state.

    2. Waiting

      In the Waiting state, YOU assign the task(s) in the Task Document which TINMAN 3D shall work on for the next Work Result, which triggers the transition to the Working state. If there are no more tasks left in the Task Document, YOU provide new work assignments, which TINMAN 3D will add to the Task Document. YOU may request changes to the Task Document at any time. No Working Hours will be logged in the Waiting state.

    3. Working

      In the Working state, TINMAN 3D spends Working-Hours to perform the assigned task(s) in the Task Document. TINMAN 3D will deliver Work Results at his own discretion. At any time, YOU may request the immediate delivery of a Work Result or the immediate transition to the Waiting state.

    4. Evaluate

      In the Evaluate state, TINMAN 3D spends Working-Hours to perform the assigned task(s) in the Task Document.

      In the Evaluate state, YOU evaluate the contents of the Work Result that has been delivered to YOU by TINMAN 3D, in order to decide whether to accept or decline the Working Hours that are associated with the Work Result.

      If YOU decline, the transition to the Discuss state takes place. YOU will refrain from using unsubstantial arguments, for example to exploit the fact that a state transition occurs.

      If YOU accept, one of the following transitions take place:

      • To the Waiting state, if all tasks in the Task Document are finished.

      • To the Working state, if the Task Document contains unfinished tasks.

      • To the End state, if all Working Hours have been spent.

    5. Discuss

      In the Discuss state, TINMAN 3D and YOU discuss the reasons for YOUR decision to decline the Working Hours of the Work Result in a cooperative and professional way, in order to find a solution which will allow YOU to accept the Working Hours of the Work Result. No Working Hours will be logged in the Discuss state.

    6. End

      The Provision of Service ends, because all Working Hours have been spend, refunded or expired.

  3. GRANT OF LICENSE

    TINMAN 3D is the sole author and creator of all Work Results that are delivered within the scope of the Service Workflow. All such delivered Work Results are the sole intellectual property of TINMAN 3D.

    TINMAN 3D grants you the rights described in this TOSA provided that you comply with all the terms and conditions of this TOSA:

    1. Preliminary License Grant

      Upon delivery of a Work Result, TINMAN 3D will grant YOU a non-exclusive, worldwide, perpetual, irrevocable, paid-up, non-transferable and non-sublicensable right to use said Work Result, in any conceivable way.

    2. Final License Grant

      Upon acceptance of the working-hours associated with a Work Result by YOU, TINMAN 3D will grant YOU an exclusive, worldwide, perpetual, irrevocable, paid-up, transferable and sublicensable right to use the said Work Result, in any conceivable way.

    3. Scope of License Grant

      The Preliminary License Grant and Final License Grant are limited to the Concrete Material that is contained in a Work Result and expressively exclude all kinds of Abstract Material.

      YOU are responsible for potential 3rd-party right infringements that may arise from protected Abstract Material being associated with Work Results, for example by implementing a patented software algorithm.

  4. LIMITATION OF LIABILITY

    1. No warranties

      TINMAN 3D expressly disclaims any warranty for the delivered Work Results. The Work Results are 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 Work Results remains with you.

    2. 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 the Work Results (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.

  5. LANGUAGE OF AGREEMENT

    You agree that this TOSA be drafted in the English language.

  6. DEFINITION OF TERMS

    1. Service Package

      A Service Package includes a fixed number of Working-Hours, specifies the kinds of services that may be provided by TINMAN 3D and has a fixed one-time fee, to be paid up-front.

    2. Task Document

      The Task Document is maintained by TINMAN 3D during the Service Workflow and provides at least the following information:

      • A description of the mutual understanding of the services to perform

      • A break-down of the work that needs to be done, into a set of tasks.

      • Working-Hour estimates on individual tasks

      • Timesheet of the spent Working-Hours

    3. Work Result

      Work Results will be produced by TINMAN 3D while the Service Workflow is in the Working or Evaluate state and consist of Concrete Material that is delivered to YOU in good faith. TINMAN 3D will never deliver unsubstantial Work Results, to exploit the fact that a state transition occurs in the Service Workflow. Each Work Result will contain an up-to-date version of the Task Document.

    4. Concrete Material

      A Work Result consists of Concrete Material which is delivered by TINMAN 3D to YOU, in a physical or electronic form that is understandable by human beings and/or computers, including but not limited to:

      • Computer files, source code, programs

      • Phone calls, online meetings

      • Email correspondence

    5. Abstract Material

      Abstract Material encompass those abstract concepts and thoughts the Concrete Material is based upon, including but not limited to:

      • Algorithms

      • Best practices

      • Data structures

      • Guidelines

      • Ideas

    6. Working-Hour

      A Working-Hour is a time period of 60 minutes, spent by TINMAN 3D to provide services to YOU.

      Working-Hours are logged at a granularity of full minutes.

      Working-Hours do not include maintenance of the Task Document.

      Working-Hours do not include continuing education and skill enhancement of TINMAN 3D.

      Working-Hours do include all familiarisation and/or onboarding of TINMAN 3D that is a specific requirement to YOUR work assignment.

Version 5 of 2024/01/13

  • Updated PROVISION OF SERVICE / Rules of Service

  • Clarified wording regarding "individual person" and "legal entity".

Version 4 of 2023/10/20

  • Updated PROVISION OF SERVICE / Suspension.

  • Updated PROVISION OF SERVICE / Expiration.

  • Updated PROVISION OF SERVICE / Refund.

Version 3 of 2023/09/20

  • Updated PROVISION OF SERVICE / Expiration.

Version 2 of 2023/03/16

  • Updated Scope of License Grant.

  • Added explanatory notes.

  • Changed refund percentage from 70% to 90%.

  • Fixed wording in LANGUAGE OF AGREEMENT.

Version 1 of 2023/03/09

  • Created initial document version.

Download Protection

Access to some areas of the public download repository is password protected. To access these areas, please use the same credentials as for downloading your licence certificate document.

If you have read and accepted the terms of this EULA, please use this password for accessing the Tinman 3D SDK packages, either for unpacking the downloaded ZIP files or for performing a Git checkout:

Password for ZIP files and Git checkout
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