Terms and Conditions

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.

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

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.

TINMAN 3D reserves all rights not expressly granted herein.

You may not lease or rent the SOFTWARE.

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

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.

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.

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).

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.

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.

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.

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

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.

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.

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.

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

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

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:

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:

TINMAN 3D holds the copyright on the BINARIES.

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:

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.

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.

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 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.

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.

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.

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:

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.

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.

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.

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:

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.

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

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.

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.

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.

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.

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.

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.

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

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.

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:

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

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.