End-User License Agreement

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this End-User License Agreement:

• Agreement means this End-User License Agreement that forms the entire agreement between You and the Proprietor regarding the use of the Application.
• Application means the software program provided by the Proprietor downloaded by You to a Device, named MeshMatch
• Proprietor (referred to as either “the Proprietor”, “We”, “Us” or “Our” in this Agreement) refers to David Liebard.
• Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
• Country refers to: France
• Device means any device that can access the Application such as a computer, a cellphone or a digital tablet.
• Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.
• You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

By clicking the “I Agree” button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the “I Agree” button, do not download or do not use the Application.

This Agreement is a legal document between You and the Proprietor and it governs your use of the Application made available to You by the Proprietor.

The Application is licensed, not sold, to You by the Proprietor for use strictly in accordance with the terms of this Agreement.

Scope of License

The Proprietor grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Application strictly in accordance with the terms of this Agreement.

This license includes the right to use the Application for both personal and commercial purposes.

Use of the Application may require a valid license key provided by the Proprietor. You agree not to attempt to bypass or modify the license key verification mechanism or otherwise use the Application without proper authorization.

License Restrictions

You agree not to, and You will not permit others to:

• Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
• Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Proprietor or its affiliates, partners, suppliers or the licensors of the Application.
• Use the Application in any way that violates this Agreement or applicable law.

License Tiers

The Application is offered under two distinct license tiers. Your rights and obligations are determined by the license You hold.

1. Commercial License:
   • Trial Period: The proprietor grants you a license for a limited time period (7 days) for evaluation purposes only. During the trial period, use of the Application for any commercial, professional, or for-profit activities is strictly prohibited. The Proprietor may implement technical measures to enforce these limitations.
   • Grant: Upon the conclusion of the trial period, a Commercial License grants You the right to use the Application for any personal, educational, or commercial purpose. All features are fully enabled with no technical restrictions on mesh density or functionality.
   • Activation: This license requires a valid license key provided by the Proprietor upon purchase. The number of machines on which the Application may be activated is determined by the specific terms of your purchase (e.g., 2 seats, 5 seats).
2. Educational License:
   • Grant: An Educational License grants You the right to use the Application free of charge for non-commercial purposes only. Permitted uses include personal projects, academic research, and classroom-based educational activities. Use of this software for any form of direct or indirect commercial gain is strictly prohibited.
   • Limitations: To keep this license available for free, technical restrictions apply. For example, Meshes with more than 2500 points wont be processed.

The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Proprietor.

The Proprietor shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extent the Proprietor is required to provide indemnification by applicable law, the Proprietor shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights.

The Proprietor reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.

Updates to the Application

The Proprietor may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.

Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Proprietor has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.

You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

Maintenance and Support

The Proprietor does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Proprietor shall be obligated to furnish any such maintenance or support.

The Application may display, include, or make available third-party content (including data, information, applications, and other products or services) or provide links to third-party websites or services.

You acknowledge that the Application incorporates certain third-party software components that are governed by their own license terms. Specifically, the Application utilizes:

• Microsoft ONNX Runtime, licensed under the MIT License.
• Google MediaPipe, licensed under the Apache License 2.0.

To ensure clarity and peace of mind for all users, including those with a Commercial License, We have exclusively used components under permissive open-source licenses that explicitly allow for commercial use. While this Agreement governs your use of the Application as a whole, You agree to comply with the terms of all applicable third-party licenses. A complete list of third-party components and their licenses is provided in the accompanying THIRD_PARTY_LICENSE.txt file.

You acknowledge and agree that the Proprietor shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Proprietor does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.

You must comply with applicable third parties’ terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You, and You access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

This Agreement shall remain in effect until terminated by You or the Proprietor. The Proprietor may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the Proprietor, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer.

Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.

Termination of this Agreement will not limit any of the Proprietor’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

You agree to indemnify and hold the Proprietor and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

The Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Proprietor, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Proprietor provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Proprietor nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Proprietor are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Proprietor shall be solely responsible for such warranty.

Notwithstanding any damages that You might incur, the entire liability of the Proprietor and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or 100 USD if You haven’t purchased anything through the Application.

To the maximum extent permitted by applicable law, in no event shall the Proprietor or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Proprietor or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

The Proprietor does not make any warranties concerning the Application.

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

The Proprietor reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Proprietor.

By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.

The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

The Agreement constitutes the entire agreement between You and the Proprietor regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Proprietor.

You may be subject to additional terms and conditions that apply when You use or purchase other Proprietor’s services, which the Proprietor will provide to You at the time of such use or purchase.

If you have any questions about this Agreement, You can contact Us:

• By email: contact@meshmatch.app