TurnToolBox2011 2011-02-08

EULA - End User License Agreement

TurnTool Software Terms

Read the terms and conditions of this license agreement thoroughly before you choose to accept it.
TurnTool ApS grant you the right, at the terms and conditions of this license agreement, to install and use the software TurnToolBox2011. Your installation and use of the software implies that you accept being bound by the terms and conditions of this license agreement.
Copying and use of this software and documentation, except what is permitted through the terms of this agreement, is considered an infringement of our intellectual property right according to Danish law on intellectual property rights. If you do copy or use the software or documentation without the permission of TurnTool ApS, you are in violation of the law. This means you may be held liable to pay compensation to TurnTool ApS and can be proceeded against in a court of law.

(1) TurnToolBox2011 Product Specifications
The current version of the TurnToolBox2011 works as plugin with the following third party software (one of which is required for operation):
- 3D Studio Max 9.x - 32 bit
- 3D Studio Max 2008 - 32 bit
- 3D Studio Max 2009 - 32 bit
- 3D Studio Max 2010 - 32 bit
- 3D Studio Max 2011 - 32 bit
- 3D Studio Max 9.x - 64 bit
- 3D Studio Max 2008 - 64 bit
- 3D Studio Max 2009 - 64 bit
- 3D Studio Max 2010 - 64 bit
- 3D Studio Max 2011 - 64 bit
- 3D Studio Max Design 2008 - 32 bit
- 3D Studio Max Design 2009 - 32 bit
- 3D Studio Max Design 2010 - 32 bit
- 3D Studio Max Design 2011 - 32 bit
- 3D Studio Max Design 2008 - 64 bit
- 3D Studio Max Design 2009 - 64 bit
- 3D Studio Max Design 2010 - 64 bit
- 3D Studio Max Design 2011 - 64 bit

(2) Usage
There are no limitations to the use of TNT files. Whether a TNT file is registered or not, by key or TurnToolBox2011 license, it is free to be used online and/or offline in as many places as it is desired. The TurnTool Viewer for showing and viewing the TNT files is free and can be downloaded from: http://www.turntool.com/TurnTool2011.exe.
In online applications, e.g. web pages and the like, links for http://www.turntool.com/TurnTool2011.exe must be provided to ensure that visitors will install the newest and thus best working Viewer available. This can be as a separate link and/or as the CODEBASE property of the embedded object, preferably both.
For offline applications, e.g. CD-ROM productions and the like, the "TurnTool Viewer" must be made readily available. This can be downloaded freely from http://www.turntool.com/TurnTool2011.exe. It is the responsibility of the manufacturer of the offline production to ensure that the copy of TurnTool2011.exe is of the same or more recent date than the TurnToolBox2011 used to produce the TNT files.
All URLs here referred to, are case sensitive and should only be used with the exact same case.

(3) Intellectual Property Rights
Ownership and intellectual property rights for the software and documentation and any belonging material, in addition to any copies made by you, remain the property of TurnTool ApS and their license givers. The structure, organization and code of the software are valuable business secrets belonging to TurnTool ApS. Unauthorized copying of the software or documentation or any use in violation of the above terms will result in automatic termination of this agreement. This agreement gives you no immaterial ownership or property rights.

(4) General Limited Warranty
TurnTool ApS is guarantees that the software has the features and functionality as generally described in the documentation and that the media the software is delivered on and the accompanying documentation are free of faults in normal use regarding materials and manufacture. Except for the above mentioned limited warranty TurnTool ApS provides no further warranties, neither explicit nor implied, according to regulations or agreement with you. TurnTool ApS explicitly renounces all other warranty obligations and responsibilities including salability or suitability for any specific purposes. TurnTool ApS does not guarantee that operation of the software in question will happen without interruption or that the software is free from errors. The aforementioned renunciation does not apply in cases where applicable regulations disallow such renunciations of responsibility. In connection with the abovementioned warranties, you may be ensured other rights varying from country to country.
With reference to the present agreement TurnTool ApS is only liable to the extent that TurnTool ApS can attempt to correct errors, replace defective media or defective documentation or refund the price of purchase and cancel the present agreement.
Rectification is provided you return the defective articles along with proof of purchase to the place of purchase within 90 (ninety) days after the delivery to you. After this 90-day period, TurnTool ApS will replace any defective or damaged media provided you defray the manufacturing, shipping and handling expenses along with an administration fee.

(5) Responsibility Disclaimer
The TurnToolBox2011 along with other technically inclined software are tools intended for use by professionally trained personnel. It will not replace their professional judgment. Because of the comprehensive number of possibilities in the usage of the software, it has not been tested in all thinkable situations where it may be used. TurnTool ApS assumes no responsibility for results achieved during the use of the software. Users of the software themselves are responsible for monitoring, controlling, updating and testing the software. This responsibility includes, but is not limited to, deciding what the proper use of the software is and the selection of software and programs to achieve specific results. The users are also responsible themselves for the appropriate independent tests of the reliability and exactness of the output from the software.

(6) Limitation of Responsibility
TurnTool ApS assumes no responsibility for losses, regardless of type and scope, including the loss or ruining of data, loss of profits, recovery expenses or any other specific, random, causal or indirect damage expenses caused by the use or the lack of opportunity to use the software, the documentation regardless of the reason and the basis of responsibility. This limitation is also in effect, where TurnTool ApS or a TurnTool ApS dealer is informed of the potential damage or possible loss. You hereby accept that this agreement reflects this disposition of risk.
TurnTool ApS assumes no responsibility and is in no way liable for lost or stolen software or anything else delivered with the software. TurnTool ApS assumes in no way a responsibility to replace lost or stolen items. You carry the entire responsibility to protect the software and any items delivered with it against loss and theft and are able through insurance or similar arrangements to protect your investment.
The abovementioned renunciation of responsibility may not apply to you because certain countries do not allow renunciation of responsibility for random or resulting damages.

(7) General Terms
1. This agreement ceases without further notice or action from TurnTool ApS, if you as buyer go bankrupt, enter into general payment arrangements with your creditors or goes into liquidation.
2. This agreement is subject to Danish law with the exception of the UN convention on sales contracts (CISG) (1980), and disputes must be settled by Danish courts. This agreement is the only and complete agreement between the parties and replaces any message or advertisement regarding the software and documentation.
3. If any term or condition of the present agreement should be found invalid or in another way impracticable, it will in no way affect the validity of the remaining terms and conditions of the agreement. In addition, the parties will subject themselves to valid and practicable terms or conditions, which in their content corresponds as closely as possible to the effect of the term or condition deemed invalid or impracticable.

Thank you for choosing TurnTool.