End User License Agreement

Updated 07 June 2024

This End User License Agreement ("EULA") applies to any Licenses granted to You by Jawset for Postshot. You enter into this EULA by Installing or Using Postshot. This EULA replaces and supersedes all prior versions.

If You Install or Use Postshot on behalf of a company or legal entity or another natural person, then You are agreeing to this EULA for that company, legal entity or other natural person, and You represent that You are authorized to act on behalf of such company, legal entity or other natural person and to bind such company, legal entity or other natural person to this EULA.

You acknowledge that this EULA may be modified from time to time without prior notice to You.

1. Definitions

"Content" any files containing images, videos or geometric data including, without limitation, point clouds, surfaces, animation curves, camera parameters as well as metadata associated with any such files.

"Documentation" information about Postshot, its features and system requirements as made available on the website at https://jawset.com

"EULA" this End User License Agreement.

"Install" the download, copy or installation of Postshot in accordance with the Documentation.

"Jawset" Jawset Visual Computing, Jascha Wetzel, Oberföhringer Str. 194, 81925 Munich, Germany, VAT ID: DE815190486, including employees and representatives.

"License" Your right to Install and Use Postshot for a specific term.

"Postshot" any software application, Documentation, contents of any files Licensed to You by Jawset.

"Use" the start, execution or operation of or interaction with any software application that is part of Postshot in accordance with the Documentation.

"You" the end user of Postshot or the authorized representative of a legal entity that will be the end user of Postshot.

2. Grant of License

Subject to the terms and conditions of this EULA, Jawset grants You a non-exclusive, non-transferable, non-sublicensable, time-limited, revocable License to Install and Use Postshot in accordance with this EULA.

Postshot is licensed in different License models. The License term and amount of the License fee is determined by the License model. In paid License models, the License term begins with the full payment of the applicable fees, runs for a period of twelve (12) months and renews automatically for the same period unless You terminate the License prior to the end of the then-current term in accordance with this EULA.

Postshot is licensed to You, not sold. Jawset retains all intellectual property rights to Postshot. You shall not acquire any ownership to Postshot as a result of Your purchase of a License. Furthermore, Jawset reserves all rights to Postshot not expressly granted to You by this EULA.

3. Restrictions on Use

In order to be able to Install and Use Postshot, Your device must meet the system requirements described in the Documentation. In order to Use Postshot on a device, an internet connection is required.

You may Install Postshot on any number of devices and, for each valid License granted to You, Use Postshot on one (1) single device but not on different devices concurrently.

You shall Use Postshot in accordance with applicable laws and shall not

(a) rent, lease, lend, sell, redistribute or sublicense Postshot;

(b) delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying Postshot;

(d) modify, rework, reproduce, adapt, translate or create derivative works based on Postshot.

4. Technical Support

Jawset may, at its sole discretion, provide You with updates of Postshot for Use under this EULA. You are not required to Install such updates, but Jawset reserves the right to limit technical support, defect resolution and improvements to the latest of such updates.

In paid License models, Jawset provides technical support during the License term on an "as is" basis without any warranty, in text form via email or chat. Specifically, Jawset warrants no maximum response time.

5. Use of data

You retain all rights and ownership of Your Content. You ensure that You have valid license to any Content that You process or generate using Postshot. Jawset does not claim any ownership rights to such Content.

Content generated using Postshot is based solely on Content You have loaded into Postshot. No third party Content is involved in Your Use of Postshot.

You may choose to provide Content to Jawset for testing. In such event, You grant Jawset a non-exclusive, non-transferable, non-sublicensable, perpetual, irrevocable, fully-paid, royalty-free License to use, store, copy or modify such Content. Jawset will not distribute, publish or otherwise make available such Content to third parties without Your written consent.

Jawset may periodically collect and use technical data about the device and system on which Postshot is installed. Such data expressly does not include any Content. Jawset will use such data solely to facilitate License management, authorization and support of Your Use of Postshot.

Jawset complies with applicable law when processing personal data. Details about data protection are available at https://jawset.com/privacy_policy

6. Disclaimer of Warranties

You Use Postshot at Your sole discretion and risk. You shall test Postshot prior to productive use with regard to its usability for Your intended purpose.

Postshot is provided "as is" and with all faults. To the fullest extent possible under applicable law, Jawset disclaims any expressed or implied warranties including, without limitation, any warranties of title, non-infringement, merchantability and fitness for a particular purpose. Jawset further disclaims any warranty that
(a) Postshot meets Your requirements or expectations;
(b) that Your Installation or Use of Postshot will be uninterrupted, secure or error-free;
(c) that the results obtained from Your Use of Postshot will be effective, accurate or reliable;

(d) any errors or defects in Postshot will be corrected.

No oral or written advice given by Jawset shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.

7. Limitation of Liability

Jawset shall not be liable for any indirect, consequential, special, incidental damages or damages for business interruption, lost business, lost profit, lost revenue, lost data or the cost of procurement of substitute goods or services arising out of this EULA or Your Installation or Use of Postshot, even if Jawset has been advised of the possibility of such damages. Jawset further disclaims all liability for any actions resulting from Your Installation or Use of Postshot.

You shall take reasonable precautions according to the state-of-the-art to prevent damages to devices or loss of data. You are solely responsible for any damages or loss of data that result from Your Installation or Use of Postshot.

The liability of Jawset for damages arising out of Your Installation or Use of Postshot or this EULA shall in no event exceed the total amounts paid by You to Jawset within the preceding twelve (12) months.

The above limitations of liability shall not apply in the event that any intent or gross negligence on the part of Jawset leads to death or physical injury. Otherwise Jawsets liability is excluded.

8. Term and Termination

This EULA will continue to be in effect until the termination of the License.

In paid License models, the License term will renew automatically at the end of the then-current License term, unless Jawset or You terminate the License prior to the end of the then-current term. During the License term, ordinary termination of the License is excluded.

In paid License models, Jawset may terminate the License with immediate effect and without prior notice in the event that

(a) You fail to comply with the terms in this EULA;

(b) You fail to pay in full any applicable fees due;
(c) Jawset is required to do so by law or an order of an applicable court.

In free License models, Jawset may, at its sole discretion, terminate the License with immediate effect and without prior notice.

Upon termination of the License, You shall cease all use of Postshot. Already paid License fees will not be refunded.

9. Governing Law

This EULA shall be governed by and construed in accordance with the laws of Germany. Any dispute between Jawset and You shall exclusively be submitted to the competent court in Munich, Germany.

10. Severability

Should any term of this EULA be declared invalid, unenforceable, or incomplete by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms of this EULA.