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FlowEngine Free License Agreement

3DFLOW SRL
FLOWENGINE FREE END USER LICENSE AGREEMENT

3DFLOW SRL ("3DFLOW") is willing to license the FLOWENGINE FREE SDK associated with this download and the accompanying documentation, installation routines and support files, sample files and assets, and supporting utilities (collectively, the "FLOWENGINE FREE") to you only on the condition that you accept all the terms in this License Agreement ("Agreement").

IMPORTANT: READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE ACCOMPANYING FLOWENGINE FREE.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, 3DFLOW IS NOT WILLING TO LICENSE THE FLOWENGINE FREE TO YOU.    IF  YOU  DO  NOT  AGREE  TO  THESE  TERMS,  YOU  SHALL DESTROY  THIS ENTIRE PRODUCT AND PROVIDE EMAIL VERIFICATION TO SUPPORT@3DFLOW.NET OF DELETION OF ALL COPIES OF THE ENTIRE PRODUCT.

Note: this End User License Agreement applies to FLOWENGINE FREE downloaded in binary (compiled) form as well Source Code components.

1. Definitions.

“FLOWENGINE powered Application” means a product, service or software application designed and developed - partially or fully - using the FLOWENGINE FREE product.

"FLOWENGINE FREE" means the set of instructions for computers, in executable form only and in any media (which may include diskette, CD-ROM, downloadable internet, hardware, or firmware) comprising 3DFLOW's proprietary Software Development Kit (in compiled, source or binary form) and related media and printed materials, including reference guides, documentation, and other manuals, installation routines and support files, libraries, sample files and assets, tools, support utilities and any subsequent updates or adaptations provided by 3DFLOW, whether with this installation or as separately downloaded (unless containing their own separate license terms and conditions). "FLOWENGINE FREE" is distributed free of charge and with certain computation limitations.

“Sample Code” means the sample interface or application source and object code files contained within the particular FLOWENGINE FREE’s “Samples” directory or made available for download from the 3dflow.net site and designated as sample code.

"POWERED BY FLOWENGINE FREE logos" means the graphical art and copyright notices that clearly states that your product is using 3DFLOW's technology. This may be subject to change and must be updated accordingly to the guidelines provided on 3dflow.net

2. License.  Subject to the terms and conditions of this Agreement, 3DFLOW grants you (“you”) a limited, non-exclusive, non-transferable world-wide, royalty-free license to (a) internally install, use and display the FLOWENGINE FREE, solely for purposes of developing FLOWENGINE powered Applications for non-commercial purposes; (b) internally use, copy, modify and compile the Sample  Code  to  design,  develop  and  test  FLOWENGINE FREE;  and  (c)  reproduce  and  distribute  the Redistributable Code only in object code form and only as fully integrated into FLOWENGINE powered Applications, in each case solely for non-commercial purposes.

In addition, you may not and shall not permit others to:

I.    modify, reproduce, de-compile, reverse engineer, work around the provided limitations or translate the FLOWENGINE FREE; or
II.    distribute or transfer the FLOWENGINE FREE other than as part of the FLOWENGINE powered Application.

Except  as  expressly  granted  herein,  no  other  license  under  any  patent,  copyright,  trade  secret, trademark or other intellectual property right is granted to or conferred upon you by this Agreement. All other rights are expressly reserved by 3DFLOW and its licensors.

3. Redistribution; 3DFLOW FLOWENGINE powered application.  Any redistribution of the FLOWENGINE FREE (in accordance with Section 2 above) or portions  thereof must  be subject to  an end user  license  agreement  including language that

a)   prohibits the end user from modifying, reproducing, de-compiling, reverse engineering, working around the provided limitations or translating the FLOWENGINE FREE;
b)   prohibits the end user from distributing or transferring the FLOWENGINE FREE other than as part of the FLOWENGINE powered Application;
c)   disclaims any and all warranties on behalf of 3DFLOW and its affiliated companies and licensors;
d)   disclaims, to the maximum extent permitted by law, 3DFLOW’s, its affiliated companies and its licensors' liability for all damages, direct or indirect, incidental or consequential, that may arise from any use of the FLOWENGINE FREE and/or FLOWENGINE powered Application;
e)   requires the end user to agree not to export the FLOWENGINE FREE and/or FLOWENGINE powered Application, directly or indirectly, in violation of any Italian and EU laws; and

You are required to notify 3DFLOW prior to use of the FLOWENGINE FREE in the development of any application.  Please send notification by email to: SUPPORT@3DFLOW.NET and provide the following information in the email:

    Company Name
    Publisher and Developer Name
    Application Name
    Platforms (i.e. Microsoft Windows or GNU/Linux)
    Scheduled Ship Date
    WebLink to product/video

Any Application integrating the FLOWENGINE FREE is subject to a license to 3DFLOW for use and public display of such Application for advertising and marketing purposes.

Failure to notify 3DFLOW pursuant to this Section AND FAILURE to provide attribution pursuant to section 6 shall be considered a material breach of this agreement.
 
4. Ownership, Protections.  The FLOWENGINE FREE is owned by 3DFLOW and 3DFLOW licensors, and is protected by Italian and European copyright laws, international treaty provisions, and other applicable laws. With regard to any copies made, you agree to reproduce any copyright notices and other proprietary legends  included on  the original.    3DFLOW copyright  notice(s) may  appear in any of several forms, including machine-readable form, and you agree to reproduce such notice in each form in which it appears.  Title and copyrights to the FLOWENGINE FREE and any copies made by you remain with 3DFLOW and its licensors.  You acknowledge that the FLOWENGINE FREE contain valuable proprietary information and trade secrets and that unauthorized or improper use of the FLOWENGINE FREE will result in irreparable harm to 3DFLOW and its licensors for which monetary damages would be inadequate and for which 3DFLOW and its licensors will be entitled to immediate injunctive relief.  Subject to the rights of 3DFLOW and its licensors in the FLOWENGINE FREE and the Sample Code, you own your modifications to the Sample Code.

5. Restrictions.  You will not, and will not permit others to: (a) modify, translate, decompile, bootleg, reverse engineer, disassemble, or extract the inner workings of any portion of the FLOWENGINE FREE except the Sample Code, (b) copy the look-and-feel or functionality of any portion of the FLOWENGINE FREE except the Sample Code; (c) remove any proprietary notices, marks, labels, or logos from the FLOWENGINE FREE or any portion thereof; (d) rent, transfer or use as a service bureau all or some of the FLOWENGINE FREE without 3DFLOW’s prior written consent, except in the form of Applications and subject to the requirements of this Agreement; (e) utilize any computer software or hardware which is designed to defeat any copy protection device, should the FLOWENGINE FREE be equipped with such a protection device; or (f) use the 3DFLOW Licensed Software in any manner that would cause the 3DFLOW Licensed Software to become subject to an Open Source License.  "Open Source License" includes, without limitation, a software license that requires as a condition of use, modification, and/or distribution of such software that the 3DFLOW Licensed Software be (i) disclosed or distributed in source code form; (ii) be licensed for the purpose of making derivative works; or (iii) be redistributable at no charge.  Unauthorized copying of the FLOWENGINE FREE, or failure to comply with any of the provisions of this Agreement, will result in automatic termination of this license.

6. Attribution Requirements and Trademark License.  You must provide attribution to 3DFLOW.

A.   You will include a reference to the FLOWENGINE FREE and 3DFLOW in any press releases for such application that relate to 3DFLOW, or in-application FLOWENGINE FREE technology, and will identify 3DFLOW as the provider of "FLOWENGINE FREE" (or such other term or phrase as indicated by 3DFLOW from time to time).

B.   For Products, Applications, Games, Demos, and Videos that incorporate the FLOWENGINE FREE or portions thereof, the "POWERED BY FLOWENGINE FREE logos" must appear:

a. on the back cover of the instruction manual or similar placement in an electronic file for the purpose of acknowledgement/copyright/trademark notice;
b. on external packaging;
c.    during opening marquee or credits with inclusion of “3DFLOW”;
d. must appear on title marketing feature list   with a specific call-out of FLOWENGINE FREE
e. on the credit screen; and
f.    in  the  “About”  or  “Info”  box  menu  items  (or  equivalent)  of  all Products, Applications or Games using any portion of the FLOWENGINE FREE.

C.   Provide a quote citing the Licensee’s integration of the FLOWENGINE FREE into the Product, Application or Game for 3DFLOW’s use in press materials and website.

D.   Refer to FLOWENGINE FREE in all press coverage referring to the use 3DFLOW's technology in the development of any Product, Application or Game.

E. Identification by 3DFLOW.  Subject to the terms and conditions of this Agreement, you agree that 3DFLOW may identify you, on 3DFLOW's website, printed collateral, trade-show displays and other retail packaging materials, as a company that produces products and/or services which incorporate the FLOWENGINE FREE. To the extent that you provide 3DFLOW with input or usage requests with regard to the use of your logo or materials, 3DFLOW will use commercially reasonable efforts to comply with such requests.  For the avoidance of doubt, 3DFLOW’s rights pursuant to this Section 6(E) shall survive any cancellation or termination of the Agreement with respect to existing products and/or services which incorporate the FLOWENGINE FREE.

F.     Product/Application/Game/Demo-related Marketing Material. You permit 3DFLOW to create and display self-promotional demo materials and use screenshot materials that capture your product, application screen, any assets from real-time rendering and/or gameplay, captured video clips and images from the Product/Game/Application, after release of the Product/Application/Game/Demo to the public, and you may also provide 3DFLOW with screenshots / imagery and video footage of the Product/Application/Game/Demo representative of your use of the FLOWENGINE FREE in the product (collectively, “Assets”). You hereby grant to 3DFLOW the right to distribute, sub-license, and use the Assets in order to promote and market the FLOWENGINE FREE. To the extent that Company provides 3DFLOW with input or usage requests with regard to the use of your logo or materials, 3DFLOW will use commercially reasonable efforts to comply with such requests.  For the avoidance of doubt, 3DFLOW’s rights pursuant to this Section 6(F) shall survive any cancellation or termination of the Agreement with respect to Applications which incorporate the FLOWENGINE FREE.

Failure to provide attribution pursuant to this Section shall be considered a material breach of this agreement.

Except as expressly set forth in this Section 6, or in a separate written agreement with 3DFLOW, you may not use 3DFLOW's trademarks, whether registered or unregistered, in connection with the Application in any manner or imply that 3DFLOW endorses or otherwise approves of the Application or that you and 3DFLOW are in any way affiliated.  Your use of the 3DFLOW name under this Agreement does not create any right, title or interest in the 3DFLOW name or any 3DFLOW trademarks and all goodwill arising from your use inure solely to the benefit of 3DFLOW.

7. DISCLAIMER.   THE FLOWENGINE FREE IS PROVIDED “AS IS” AND 3DFLOW AND ITS LICENSORS MAKE, AND YOU RECEIVE, NO OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU. 3DFLOW SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.  3DFLOW DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.  3DFLOW MAKES NO WARRANTY WITH RESPECT TO THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE SOFTWARE AND DOCUMENTATION. 


8. Confidential Information.  All technical and business information disclosed by 3DFLOW to you under this Agreement, including but not limited to source code, documentation, technical assistance and any confidential information pertaining to 3DFLOW’s business or products, are to be considered “3DFLOW Confidential Information.” You will not disclose any portion of 3DFLOW Confidential Information to any third party and will protect all 3DFLOW Confidential Information with the same degree of care as you use to protect your own information of a confidential or proprietary nature, but always with at least a reasonable degree of care.  This obligation of confidentiality will survive termination and/or expiration of this Agreement for any reason.
 
9. LIMITATION OF LIABILITY. IN NO EVENT WILL 3DFLOW OR ITS LICENSORS BE LIABLE IN ANY WAY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, LOST BUSINESS PROFITS, OR LIABILITY OR INJURY TO THIRD PERSONS, WHETHER FORESEEABLE OR NOT, REGARDLESS OF WHETHER 3DFLOW OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

10. Term of License; Termination.  Your right to use the FLOWENGINE FREE will begin when you click the “ACCEPT” button, which constitutes acceptance of the terms and conditions herein.  The license is effective until otherwise terminated.  You may terminate it at any time by destroying the FLOWENGINE FREE and all portions thereof, together with all copies in any form.  If you fail to comply with any material term or condition of this Agreement and do not cure the noncompliance within 30 days of receipt of written notice of noncompliance from 3DFLOW, 3DFLOW may terminate your rights to conduct any further development under Sections 2(a) and (b) of this Agreement ("Partial Termination").   Upon Partial Termination, you will certify to 3DFLOW in writing that the original and all stand-alone copies, in whole or in part, of the FLOWENGINE FREE have been destroyed. Upon Partial Termination, you may continue to distribute any Application that has been commercially released prior to such termination subject to prospective compliance with this Agreement.  Upon any other termination, you will certify to 3DFLOW in writing that the original and all copies, in whole or in part, of the FLOWENGINE FREE have been destroyed, including those portions contained within any unshipped Applications.

11. Governing Law. This Agreement will be governed by the laws of Italy.

12. Export.  You agree and certify that no portion of the FLOWENGINE FREE nor any other technical data received from 3DFLOW will be exported outside Italy except as authorized and as permitted by the laws and regulations of Italy and the European Union. If you have rightfully obtained the FLOWENGINE FREE outside of Europe, you agree that you will not re-export any portion of the FLOWENGINE FREE nor any other technical data received from 3DFLOW, except as permitted by the laws and regulations of Italy and the laws and regulations of the jurisdiction in which you obtained the FLOWENGINE FREE.

13. Assignment.  You may not sublicense, assign or transfer this Agreement or the FLOWENGINE FREE except as expressly provided in this Agreement.  Any attempt to otherwise sublicense, assign or transfer any of the rights, duties or obligations hereunder is null and void.

14. Survival.  The parties agree that where the context of any provision indicates an intent that it will survive the term of this Agreement, then it will survive.  All terms of this Agreement survive Partial Termination except Sections 2(a) and (b).

15. Entire Agreement.  This Agreement contains the parties’ entire agreement regarding your use of the FLOWENGINE FREE and may be amended only in writing signed by both parties. Copyright © 2018 3DFLOW SRL. All rights reserved.

16. Third party 
The Software contains Third Party Software. 
Ownership of Third Party Software and the intellectual property rights associated therewith are and remain the sole and exclusively property of the respective third party. 
Terms and conditions of third parties may apply to Third Party Software, as well as to free software and/or open source software embedded in and/or distributed together with the Software.
You agree to indemnify and hold harmless 3DFlow from and against any loss, claim, liability by third parties based on the allegation that any activities performed by you in relation to the Third Party Software, free software and/or open source software embedded in and/or distributed together with the Software, are in any way unlawful. This includes, without limitation, any activities that are in violation of the applicable terms and conditions or constitute an infringement of intellectual property rights.
The following software is included in this Software and is licensed under the licenses described in the appendix below: Cminpack, Eigen, LibExif, LibJpeg, LibPng, Lemon, QHull, Magick++.
For components that reference the BSD license or the GNU Lesser General Public License, please find these licenses and the written offer for source code in the Appendix.