User Agreement

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End User License Agreement

License

  1. Under this End User License Agreement (the “Agreement”), 3D Nature Technologies, Inc., a 501(c)(3) nonprofit organization (the “Vendor”) grants the user (the “Licensee organization “including all of its members) a non-exclusive and non-transferable license (the “License”) to use 3D NatureConnect™ software/platform (the “platform/Software”).
  2. “Platform/Software” includes the executable computer website/platform and any related printed, electronic and online documentation and any other files that may accompany the product.
  3. Title, copyright, intellectual property rights and distribution rights of the platform/Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the platform/Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the platform/Software.
  4. This Agreement grants a site license to the Licensee. The Licensee is an organization and not an individual. The license extends to all registered, active members of the Licensee organization that have been deemed to have access to the platform/Software by the Licensee organization site Administrator. This excludes any person under the age of 18.
  5. The rights and obligations of this Agreement are personal rights granted to the Licensee organization and its members, only. The Licensee organization and its members may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee organization and its members may not make available access to the platform/Software for use by one or more third parties.
  6. The platform/Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
  7. Failure to comply with any of the terms under the License section will be considered a breach of this Agreement.

Limitation of Liability

  1. The original purchase price paid by the Licensee organization will constitute the entire license fee for one year from date of purchase, renewable automatically one year from date of purchase and is the full consideration for this Agreement.
  2. The License fee will be determined annually and may change without advance notice to the Licensee organization and its users. The License organization may cancel at any time, but if not done with 14 days of purchase of annual subscription, the fee is nonrefundable.
  3. Licensee organizations who are 501(c)(3) organizations and earn less than $2,500.00 annually, may be exempt from paying the annual subscription fee. Licensee organizations who are K-12 public schools and are deemed to have greater than 50% of their student body to be eligible for Free or Reduced Lunch Plan (FRLP) are exempt from paying the annual subscription fee.
  4. 3D Nature Technologies, Inc., is a registered 501(c)(3) with the Internal Revenue Service, and the license fee and any donation(s) is deductible to the full extent of the law.
  5. 3D Nature Technologies, Inc., Partner Program offers logo placement for the donating Partner Program Organization on 3D NatureConnect platform/Software home page. Non-profit partners donations of $1,000 or more are granted logo placement on 3D NatureConnect landing page as well as use of the 3D NatureConnect logo and name on the Licensee organization website or marketing materials. Business/Corporate partners donations of $3,500 or more are granted logo placement on the 3D NatureConnect landing page as well as use of the 3D NatureConnect logo and name on the Licensee organization website or marketing materials.

Limitation of Liability

  1. The Software is provided by the Vendor and accepted by the Licensee organization “as is”. Liability of the Vendor will be limited to a maximum of original purchase price of the platform/Software. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of use or failure to use the platform/Software.
  2. The Vendor makes no warranty expressed or implied regarding the fitness of the platform/Software for a particular purpose or that the platform/Software will be suitable or appropriate for the specific requirements of the Licensee organization.
  3. The Vendor does not warrant that use of the platform/Software will be uninterrupted or error-free. The Licensee organization accepts the software in general is prone to bugs and flaws within an acceptable level as determined in the industry.

Warrants and Representation

  1. The Vendor warrants and represents that it is the copyright holder of the platform/Software. The Vendor warrants and represents that granting the license to use this platform/Software is not in violation of any other agreement, copyright or applicable statute.

Acceptance

  1. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee organization (“Acceptance”) extending to the Licensee organization, and each individual member of the organization that the Licensee has granted permission to access the platform/Software, on registration of the Software with the Vendor.

Term

  1. The term of the Agreement will begin on Acceptance and is perpetual, renewable annually.

Termination

  1. This Agreement will be terminated, and the License forfeited where the Licensee organization and its members has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee organization and its members will be removed from the platform/Software.

Force Majeure

  1. The Vendor will be free of liability to the Licensee organization and its members where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.

Additional Clauses

  1. User(s) agree that no person under the age of 18 shall be allowed to use the 3D NatureConnect platform/Software. The platform/Software is for adult (18 years old and older) usage.
  2. The Vendor will be free of liability for any interactions that users of the platform/Software have with other entities, organizations, or users outside of the platform/Software whether injury, damage to person or property, or other incident or condition occurs to the User or other person involved in the interaction, even if the interaction originated on the platform/Software.
  3. Licensee organizations are responsible for vetting and background checks of its members. 3D Nature Technologies, Inc., does not provide background checks or vetting of Licensee organization members. Licensee organizations who grant access to the platform/Software to their members are assumed to have provided reasonable vetting of its members and hold full responsibility for any consequences, whether intentional or unintentional, of its user members while using the platform/Software or interactions that take place through connections made while using the platform/Software.
  4. Licensee organizations, when possible, must enroll organization members with the organizational email address. When a Licensee organization does not provide email addresses to its members, personal email addresses will be accepted, however not preferred.
  5. Licensee organizations site Administrator is responsible for adding or deleting membership on the platform/Software and granting permission levels to its membership.
  6. Any document, image, video or other content uploaded to the Content Sharing/Project section of platform/Software is considered “Open Source,” meaning, these items are made free and shareable by the user who has contributed them to the platform/Software. Any document, image, video or other content uploaded to the Content Sharing/Project section will be deemed fit for family or general viewing and is prohibited from containing any vulgarity, sexuality or violence, and be free of religious or political content.

Governing Law

  1. The Parties to this Agreement submit to the jurisdiction of the courts of the State of Indiana, Texas, Michigan, Kentucky, Illinois, Wisconsin, Pennsylvania, Florida, Alabama, Arkansas, Arizona, Alaska, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, and Wyoming, for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of each state listed above, i.e., each state of the United States.

Miscellaneous

  1. This Agreement can only be modified in writing signed by both the Vendor and the Licensee organization Administrator.
  2. This Agreement does not create or imply any relationship or agency or partnership between the Vendor and the Licensee organization and its members.
  3. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and feminine gender and vice versa.
  4. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in now way be affected, impaired or invalidated as a result.
  5. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor’s successors and assigns.

Notices

  1. All notices to the Vendor under this Agreement are to be provided at the following address:
    3D Nature Technologies, Inc., 2110 Martins Crest, San Marcos, TX 78666.