End User License Agreement — ValTerra for Autodesk 3ds Max

The short version

This box is a plain-English summary for orientation only. It is not part of this agreement and it is not binding. The numbered clauses below govern, and where the summary and a clause differ, the clause wins.

• You buy a perpetual license to use ValTerra: one Seat per machine, one key per Seat. An order for several Seats is delivered as that many keys. A key is activated online once, on the machine that will use it, and that machine then runs offline; moving a Seat to another machine is self-service in the panel. The software itself is licensed, not sold.
• Each paid Seat includes 12 months of updates. When that period ends you keep the last version released inside it, for as long as you like. Renew only if you want newer ones.
• A 30-day Trial and a free Lite tier exist so you can evaluate the software before you pay.
• What you make with ValTerra is yours. We claim no rights in your scenes, renders, panoramas or camera data.
• The globe and the photorealistic features run on a credential you hold yourself — your own Google Maps Platform key, or a Cesium ion token — under your own agreement with that provider, and that provider bills you directly. We are not a party to that agreement, and your credential and the tiles never touch our servers.
• Attribution that the plug-in shows on screen and writes into saved frames stays where it is: Google map data lines on captures, OpenStreetMap credit on schematic-city objects. Photorealistic geometry you import carries no credit of its own — if your provider’s terms call for one in what you make with it, adding it is on you (clause 6.8).
• Do not reverse engineer the software, pass it or its license keys on to anyone outside your own organization (handing each key to the employee or contractor who will use that Seat is what separate keys are for, clause 2.3), or work around Seat, Trial or Lite limits.
• If we end a key for a breach, we email the address the keys were delivered to in the same step, naming the key and the reason; the order’s other keys are unaffected (clause 10.2).
• The software is provided as is, for pre-visualization and content creation. It is not a surveying, navigation or measurement instrument, and our total liability is capped at what you paid us in the previous 12 months.
• Third-party services can change: if Google changes its terms, pricing or regional availability, features that depend on Google can change with them (clause 6.4).
• Payment, invoicing, tax and refunds are handled by Paddle as merchant of record.
• If you obtained the Software through the Autodesk Marketplace, this Agreement is still between you and us alone; Autodesk is not a party and gives no warranty (clause 14).

This End User License Agreement (this “Agreement”) is a legal agreement between you (an individual or a legal entity, “Licensee”, “you”) and Valerii Nikulin, sole proprietor (FOP) registered in Ukraine, trading as Shall We Art (“Licensor”, “we”, “us”), governing your use of the ValTerra software plug-in for Autodesk 3ds Max, including its documentation, license keys, and any updates provided to you (collectively, the “Software”).

By installing, activating, or using the Software you agree to this Agreement. If you do not agree, do not install or use the Software.

Purchases are processed by our merchant of record, Paddle.com Market Ltd / Paddle.com Inc. (“Paddle”). Paddle is the seller of record for the transaction and its Buyer Terms govern the purchase, refunds, and taxes. This Agreement governs your use of the Software.

1. Definitions

• “Seat” — one concurrent installation/use entitlement of the Software.
• “License Key” — the signed key Licensor issues for one Seat and delivers by email. Each Seat has its own License Key; the License Keys of one order share that order’s number and are otherwise independent of one another.
• “Activation” — the single online step in which the Software sends a License Key, a machine fingerprint and the machine’s name to Licensor’s server and receives a key bound to that machine (Section 3.2).
• “Machine-Bound Key” — the key returned by Activation, or a key Licensor has issued already bound to a named machine (Section 3.2). It runs only on the machine whose fingerprint it names.
• “Maintenance Period” — the period during which Licensee is entitled to Software updates and new releases (Section 4).
• “Trial” — the free, time-limited evaluation license (Section 3.4).
• “Lite” — the free, feature-limited license tier (Section 3.5).
• “Third-Party Services” — external data and API services accessed by the Software under Licensee’s own accounts, including Google Maps Platform, OpenStreetMap, and open elevation data services (Section 6).
• “Output” — images, panoramas, camera data, scene objects, and other files created by Licensee using the Software.

2. License grant

2.1. Subject to payment of the applicable software license fee and compliance with this Agreement, Licensor grants Licensee a perpetual, non-exclusive, non-transferable license to install and use the Software, in object code form only, for Licensee’s internal business or personal purposes, in the quantity of Seats purchased and of the tier purchased.

2.2. Tiers. The paid tiers differ only in the number of Seats they include: Individual covers one to four Seats, Studio covers five or more. The Software itself is identical in every paid tier, and no feature is withheld from a smaller purchase. The free Lite tier is limited as Section 3.5 states.

2.3. Use by contractors. Seats may be used by Licensee’s employees and individual contractors working on Licensee’s projects, provided they are bound by obligations no less protective than this Agreement, and Licensee remains responsible for their use. Licensee may hand the License Key of a Seat to the employee or contractor who will use that Seat; that is use of the Seat by Licensee, not a transfer of this Agreement and not a supply of the Software to a third party under Section 5(b). Handing a License Key to anyone else is a breach of Section 5(b).

2.4. The Software is licensed, not sold. All amounts payable under this Agreement or through Paddle are software license fees. Licensor retains all rights not expressly granted.

3. License types

3.1. One key, one Seat, one machine at a time. Each Seat entitles one person to run the Software on one machine, and each Seat has its own License Key: an order for several Seats is delivered as that many keys, each covering one Seat. A machine, for this purpose, is one Windows user account on one computer: the machine fingerprint is derived from both, so two user accounts on a shared workstation count as two machines. This is a term of this Agreement and it is also enforced at Activation: a key whose Seat is in use on another machine will not activate on a second one until that machine is released.

3.2. Activation and moving a Seat. Each License Key is delivered by email. Entering it in the panel performs Activation: the Software contacts Licensor’s server once, the server records the machine against that key’s Seat and returns a Machine-Bound Key, and the Software stores that key locally. By arrangement, for a computer that is kept offline, Licensor may instead issue a key already bound to that machine’s fingerprint; entering it on that machine stores it locally without any request to Licensor’s server, and it runs only on the machine it names. To move a Seat, use Deactivate this machine in the panel on the machine that holds it — which tells Licensor’s server to free the Seat and deletes the key from that computer — and enter the same License Key on the other machine. If the Seat of a key is already in use on another machine when the key is entered, the panel names that machine and its activation date and offers to release it; releasing a machine places its serial number on the revoked list (Section 10.2), and that machine returns to the Lite tier the next time it reads the list. There is no limit on how often a Seat may be moved and no need to ask Licensor; the only safeguard is a rate limit of twenty activations of one License Key within an hour, which ordinary use never approaches.

3.3. Online once, offline after. Activation and deactivation are the only two occasions on which the Software contacts a license server, and each happens only when Licensee performs the action. There is no periodic re-validation and no check at start-up, and no internet connection is required to use an activated machine. Separately from licensing, the Software reads a public list of revoked serial numbers whenever it checks for updates (Section 4.3); that request identifies neither the machine nor the Licensee, and a machine that is never online simply keeps the list it last saw. The same is true of a machine on which the update check has been switched off in the panel.

3.4. Trial. The Trial provides full functionality for 30 days, counted from the first time the panel is opened on a machine (one Windows user account on one computer, as Section 3.1 defines it). It needs no key, involves no Activation and is not registered with Licensor: the Software keeps only the start date and the latest date it has seen, in a file under that Windows user account, and identifies neither the computer nor the Licensee for this purpose. Each Windows user account on a computer therefore runs its own Trial. One Trial per machine is a term of this Agreement, and Section 5(c) applies to any attempt to start it again. Commercial use of Trial Output for delivered client work is permitted. When the Trial ends, the Software continues to run under the Lite terms of Section 3.5; nothing already created is withdrawn or disabled.

3.5. Lite. The Lite tier is free and perpetual, for personal and commercial use. Lite is limited in two ways and in no other. First, in fidelity: photorealistic imports are produced at a reduced geometric detail level and a reduced texture resolution, and captures at a reduced resolution, each as stated on the product page; a maximum area per photorealistic import also applies. Second, one feature is withheld rather than reduced: the ValTerra Sun, the Software’s own sun rig, is built only under a Trial or a paid Seat. In its place Lite builds the Daylight system of Autodesk 3ds Max, which every tier builds. Terrain imports are not reduced in Lite. An OpenStreetMap-based import under Lite covers at most 4 km² per request; under a Trial or a paid Seat it has no fixed area cap and is fetched in parts, as Section 6.11 describes. Lite does not watermark Output, and does not disable or degrade work already created under another tier: a ValTerra Sun already present in a scene keeps working in every tier — the scene opens, its parameters stay editable and the sun follows them — and only the building of a new one is withheld. Licensor may change Lite limitations in future versions; the limitations in force when a version is released continue to apply to that version.

3.6. Educational. Free educational licenses are available to accredited institutions, teachers, and enrolled students, for non-commercial teaching and learning only.

4. Maintenance, updates, versions

4.1. Each paid Seat includes a Maintenance Period of 12 months from purchase, during which Licensee receives all Software updates and new releases at no extra charge.

4.2. After the Maintenance Period ends, the license remains valid perpetually for every version of the Software released during the Maintenance Period. Continued updates require renewal of maintenance at the then-current renewal fee.

4.3. Updates are delivered through an online update feed on getvalterra.com. When the panel is opened the Software may fetch, over HTTPS, the file that names the newest version and the list of revoked serial numbers (Section 10.2); what those requests carry is stated in the Privacy Policy. Updates never install without user action.

4.4. Licensor will make reasonable efforts to support new versions of Autodesk 3ds Max, but does not warrant compatibility with any future Autodesk 3ds Max version. Supported versions are listed on the product page (currently Autodesk 3ds Max 2024, 2025, 2026, 2027).

5. Restrictions

Licensee must not, and must not permit anyone to:

(a) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software, except to the extent such restriction is prohibited by applicable mandatory law;

(b) distribute, sell, rent, lease, sublicense, host, or provide the Software (or License Keys) to any third party — an employee or contractor using a Seat under Section 2.3 is not a third party for this purpose — or make its functionality available as a service;

(c) circumvent, disable, or tamper with license enforcement, Seat limits, Trial or Lite limitations, or activation mechanisms;

(d) remove, obscure, or alter any attribution, copyright, or provider notices that the Software embeds in the interface or in Output (including Google map data attribution in Photo Studio captures and OpenStreetMap attribution metadata on imported objects), except where the notice belongs to data Licensee did not use in that Output;

(e) use the Software to violate any applicable law or any Third-Party Service terms.

6. Third-Party Services (Google Maps Platform, Cesium ion, OpenStreetMap, elevation data)

Please read this section carefully. It sets the rules you must follow when you use third-party map data through the Software, and it allocates responsibility for that use.

6.1. Google Maps notice. The Software includes Google Maps features and content. Your use of Google Maps features and content is subject to the then-current versions of the Google Maps End User Additional Terms of Service at https://maps.google.com/help/terms_maps/ (opens in a new tab) and the Google Privacy Policy at https://policies.google.com/privacy (opens in a new tab). Those documents, and your own agreement with your provider, govern what you may do with content delivered through your credential, including anything you bring into your scene. Read them before client work. Before the first photorealistic import on a machine the Software shows this notice and the rules of Section 6.6 in a dialog, and records in its local settings file the date and the version of the text acknowledged; that record is never sent to Licensor.

6.2. Your credential, your agreement. The features that show or import photorealistic 3D tiles operate only with a credential Licensee holds in its own name: either Licensee’s own Google Maps Platform API key, under Licensee’s own agreement with Google, or Licensee’s own Cesium ion token, under Licensee’s own agreement with Cesium GS, Inc. Without such a credential those features display no map content. Licensor is not a party to Licensee’s agreement with either provider, does not resell Google services, and is not a reseller, agent or distributor of either provider. The provider bills Licensee directly.

6.3. How the request is made. The Software contains a proxy component that runs as part of the Software on Licensee’s own machine. That component holds Licensee’s credential in memory, attaches it to the request, and passes the provider’s response to the viewer inside the Software. No server operated by Licensor takes part in the request. Licensor never receives Licensee’s credential and never receives map content on Licensee’s behalf. The Software ships with no credential of its own in any edition, including trial and Lite.

6.4. Two credentials, two different sets of rules. The provider that issues the credential sets its own terms, and those terms differ from each other. Licensee must read the terms that apply to the credential Licensee actually holds, for the use Licensee actually intends. Licensor does not restate, summarise or interpret either provider’s terms, and nothing in this Agreement enlarges what a provider permits.

6.5. Licensee’s responsibility. Photorealistic 3D tiles are Google Maps Content whichever credential delivers them. Licensee is solely responsible for its own use of the Services through the Software. Without limiting that responsibility, Licensee’s attention is drawn to the sections of the Google Maps Platform Terms of Service titled “No Scraping”, “No Creating Content From Google Maps Content”, “No Re-Creating Google Products or Features”, “No Use With Non-Google Maps”, “Attribution”, “Review of Customer Applications”, and “No Caching”, and, for a Cesium ion credential, to the Cesium ion Terms of Service and the Google Maps Content third-party terms appended to them. Section numbering differs between the general and the European Economic Area editions of the Google terms, and one of those editions does not contain all of the sections named above; Licensee must work from the edition that applies to Licensee’s own billing address.

6.6. Rules of use. These are terms of this Agreement. Licensee must not, and must not permit any other person to:

(a) use the Software, or drive it by script, command line, queue, macro, recorded input or any other automation, to acquire map content in bulk, or to build up by repetition an area larger than a single import produces;

(b) publish, sell, license, sublicense, redistribute or otherwise supply to any third party the imported photorealistic geometry or its textures, whether alone, as part of an asset library, or as part of any product whose value lies in that geometry;

(c) use imported photorealistic geometry as a source for tracing, digitising, measuring, surveying, or producing any other dataset from it;

(d) remove, crop, obscure or alter any attribution the Software renders into Output or records on imported objects, or fail to carry it wherever that Output or those objects travel; or, where the Software records none — as on imported photorealistic geometry (Section 6.8) — fail to supply the attribution that the terms of Licensee’s provider require for Licensee’s use of that content;

(e) use the Software in breach of the terms of the provider whose credential Licensee holds.

6.7. What the Software does, stated plainly. Licensee should understand the following before relying on any of it. The Software writes the imported geometry and its textures to files in a folder on Licensee’s machine, and imports them from there into the scene; those files remain until Licensee or the Software removes them. Once imported, the geometry is an ordinary scene object: Autodesk 3ds Max will write it into saved scenes, autobackup files, hold files, archives and network render submissions by its own normal operation, and the Software neither controls nor prevents this. Licensor makes no representation that any technical feature of the Software makes any particular use permitted.

6.8. Attribution. While Google map content is on screen in the Software, the Software displays the Google Maps logo and the data-provider line reported for the tiles in view, and does not provide any setting that switches either off. Photo Studio captures and panoramas that contain Google map content carry an attribution line rendered into the image; JPEG and PNG captures also carry that line in an XMP metadata packet. Imported photorealistic geometry carries no attribution. The Software records no attribution notice on the objects it creates from photorealistic 3D tiles, on their materials or textures, or in the files it writes for them (Section 6.7); the layer under which it files that geometry is a housekeeping label, not an attribution notice. Where the terms of Licensee’s provider require attribution for a use Licensee makes of that geometry, or of any work produced from it, supplying that attribution and keeping it wherever the content travels is Licensee’s obligation under Section 6.6(d); the Software does not do it for Licensee. Attribution that the Software does record on objects created by schematic city and terrain imports is described in Sections 6.11 and 6.12.

6.9. Review and enforcement. Licensee’s agreement with its provider may require Licensee to submit for the provider’s review the applications in which Licensee uses the Services, and may make Licensee responsible for defending the provider in respect of that use. Licensor may end a key’s paid tier as described in Section 10.2, including for a breach of this Section; that returns the Software to the Lite tier on the affected machines, and nothing more. It does not withdraw Licensee’s credential, does not stop map content, which continues to flow under Licensee’s own agreement with the provider, and gives Licensor no view of what Licensee does with the Services. Where Licensee’s agreement with a provider requires a particular use to be suspended or terminated, only Licensee can take that action.

6.10. Availability. Third-Party Services are outside Licensor’s control. A provider may change pricing, terms or regional availability, or discontinue a service. Features that depend on Third-Party Services are provided conditionally on those services’ availability, and their loss or limitation is not a defect of the Software.

6.11. OpenStreetMap. Schematic buildings and roads are generated from OpenStreetMap data, © OpenStreetMap contributors, licensed under the Open Database License (ODbL). The Software writes the credit Map data © OpenStreetMap contributors (ODbL) into the user properties of every object created by a schematic city import (property VT_OSM) and into the import report. Licensee’s use and publication of works derived from OSM data must comply with ODbL and the OSMF attribution guidelines. Where Licensee alters the imported OSM-derived objects, or conveys them or a scene containing them to any third party, ODbL sections 4.2, 4.4, 4.6 and 4.7 apply to those objects; the VT_OSM property is written so that Licensee can identify them. The Software obtains OpenStreetMap data from a public query server that Licensor does not operate and that publishes its own usage policy. The Software sends every request to that server with an identifying User-Agent, a pause between requests and a seven-day local cache, and fetches each request as an area of at most 4 km²; a larger import under a Trial or a paid Seat is split into such parts and joined, while Lite covers one part per import. Before a large import the panel shows an estimate of parts, download size, time and memory, and asks Licensee to confirm an import above a threshold Licensor sets (presently about 50 km² or about 1 GB). Compliance with that server’s usage policy for the volume Licensee chooses to import remains Licensee’s responsibility. Licensor sets these figures and may change them in a future version, and Section 6.10 applies to the server itself.

6.12. Elevation data. Terrain is generated from open elevation tiles (Terrarium tiles, originally by Mapzen, hosted via AWS Open Data). The Software writes the credit Terrain tiles by Mapzen / AWS Open Data (Terrarium) into the user properties of every terrain object it creates (property VT_Terrain) and into the import report; the full list of underlying data sources is on the attribution page.

6.13. Indemnity. Licensee will defend, indemnify, and hold harmless Licensor from and against any third-party claim, and resulting damages, penalties, and reasonable legal costs, arising out of (i) Licensee’s use of Third-Party Services through the Software, (ii) Licensee’s breach of any Third-Party Service terms or of Section 6.6, or (iii) Licensee’s Output and its distribution.

7. Output and intellectual property

7.1. As between Licensor and Licensee, Licensee owns its Output. Licensor claims no rights in Licensee’s scenes, renders, or camera data.

7.2. Output that contains third-party map data (Google map content, OSM-derived geometry, elevation-derived terrain) remains subject to the applicable third-party terms; this Agreement does not grant any rights in third-party data.

7.3. The Software, including its algorithms, shaders, and documentation, is protected by copyright and remains the exclusive property of Licensor.

8. Warranty disclaimer

THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OF DATA (INCLUDING GEOGRAPHIC, ELEVATION, AND SUN-POSITION DATA), AND UNINTERRUPTED OR ERROR-FREE OPERATION. THE SOFTWARE IS A PRE-VISUALIZATION AND CONTENT CREATION TOOL; IT IS NOT INTENDED FOR SURVEYING, NAVIGATION, CONSTRUCTION-GRADE MEASUREMENT, OR SAFETY-CRITICAL USE.

9. Limitation of liability

9.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE SHALL NOT EXCEED THE AMOUNTS PAID BY LICENSEE FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY.

9.3. Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under applicable law (including for death or personal injury caused by negligence, or fraud).

10. Term and termination

10.1. This Agreement is effective upon installation and continues until terminated.

10.2. Ending a License Key, and termination, for breach. Licensor may end a License Key, or terminate this Agreement, for material breach by Licensee. For a breach of Section 5 (Restrictions) or Section 6 (Third-Party Services) — including handing a License Key to anyone other than the employee or contractor Section 2.3 allows — Licensor may do so immediately, with no period to cure. For any other material breach, Licensor first gives Licensee written notice of the breach and acts only if the breach remains uncured 30 days after that notice. In either case, when Licensor ends a License Key it sends Licensee, in the same step, a notice stating which key has been ended, the date, and the ground. Ending a License Key ends Licensee’s right to use the Software in the paid tier under that key. Licensor gives effect to it by placing the serial numbers of the License Key and of every machine activated under it on the revoked list — a public file the Software reads when it checks for updates (Section 4.3) — and by refusing further Activation of that key; a machine that reads the list then runs as Lite. Where a breach concerns one Seat of an order, Licensor may end that Seat’s License Key alone and leave the order’s other keys in force, and the notice says so; a refund ends every License Key of the refunded order (Refund Policy), and Paddle’s confirmation of the refund is the only notice given of that. A machine that is kept offline, or on which the update check is switched off, does not read the list and is not technically prevented from running, but its right to run the paid tier has ended all the same. On receipt of the notice Licensee shall delete the License Key concerned and cease use of the paid tier under it. Notices under this Section are given by email to the address to which the License Keys were delivered.

10.3. Ending one or more License Keys under Section 10.2 is not termination of this Agreement: the Agreement continues for every other License Key Licensee holds and for the Lite tier, under which the Software may go on running on the affected machine. Upon termination of this Agreement, Licensee must cease use and destroy copies of the Software. Sections 5–9, 11–15 survive termination. Neither the ending of a License Key nor termination entitles Licensee to a refund except as required by law or the applicable refund policy.

11. Privacy

Buying a license, activating it and checking for updates involve limited data processing, stated in full in the Privacy Policy and summarised here. At purchase, Licensor receives Licensee’s name and email address from the payment processor and records the License Keys it issues. At Activation, the Software sends Licensor’s server the key, a machine fingerprint (a one-way hash of the Windows machine identifier and of the Windows user account identifier) and the machine’s name, and Licensor keeps them with the license record; at deactivation it sends the Machine-Bound Key. When the panel checks for updates it identifies itself as the Software, with its version, and asks for two public files; Licensor keeps no record of those requests, and the host’s own connection logs are described in the Privacy Policy. The Software sends no usage data: no events, timings, crash reports or hardware inventory, and there is no setting that would enable any. Map tiles are requested directly from the respective providers by the Software on Licensee’s machine and never pass through Licensor’s servers.

12. Export compliance and sanctions

Licensee represents that it is not located in, or ordinarily resident in, any country or territory subject to comprehensive sanctions, and is not a sanctioned or designated party under applicable sanctions regimes (including those of Ukraine, the EU, the UK, and the US). The Software may not be used in violation of export control laws.

13. Trademarks and affiliation

Autodesk and 3ds Max are registered trademarks of Autodesk, Inc. Google and Google Maps are trademarks of Google LLC. OpenStreetMap is a trademark of the OpenStreetMap Foundation. ValTerra is an independent product of Licensor and is not affiliated with, endorsed by, or sponsored by Autodesk, Inc., Google LLC, or the OpenStreetMap Foundation. No trademark rights are granted by this Agreement.

14. Copies obtained through the Autodesk Design and Make Marketplace

This Section applies where Licensee obtained the Software through the Autodesk Design and Make Marketplace (the “Marketplace”). “Autodesk Parties” means Autodesk, Inc., its affiliates, and their respective officers, directors, employees, agents and licensors.

14.1. Relationship. Licensee and Licensor acknowledge that (i) this Agreement is entered into between Licensee and Licensor only, and not with any Autodesk Party; (ii) Licensor, and not any Autodesk Party, is solely responsible for the Software, for any content related to it, and for any maintenance or support obligations related to it; and (iii) Licensee’s use of the Software is governed solely by this Agreement.

14.2. Warranty. Licensor is solely responsible for any warranties relating to the Software, whether express or implied by law, to the extent not effectively disclaimed in Section 8. The Autodesk Parties have no warranty obligation whatsoever with respect to the Software, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Software to conform to a warranty are Licensor’s sole responsibility.

14.3. Claims. Licensee and Licensor acknowledge that Licensor, and not any Autodesk Party, is responsible for resolving any claim of Licensee or of a third party relating to the Software, including claims for (i) product liability; (ii) non-compliance with applicable law, including consumer protection, privacy, security and data protection law; and (iii) infringement or misappropriation of the intellectual property or other rights of a third party.

14.4. Age and authority. The Software is not directed, in whole or in part, to individuals under the age of 18. Licensee represents and warrants that Licensee is at least 18 years of age, or the age of majority in the jurisdiction where Licensee resides if higher, and has the right, authority and capacity to enter into this Agreement personally or, where acting for a company or other legal entity, to bind that entity.

14.5. Third-party beneficiaries. Licensee and Licensor acknowledge that the Autodesk Parties are third-party beneficiaries of this Agreement and that, upon Licensee’s acceptance of it, the Autodesk Parties have the right to enforce it against Licensee as third-party beneficiaries.

14.6. Publisher contact. Questions, complaints or claims regarding the Software are to be directed to: Valerii Nikulin, sole proprietor (FOP) registered in Ukraine, trading as Shall We Art; [email protected]; /contact.

14.7. Updates and Autodesk’s own terms. New versions of a copy obtained through the Marketplace are published to the Marketplace in addition to the feed of Section 4.3. Any terms that Autodesk presents in the Marketplace or in its installer govern Licensee’s use of the Marketplace and Licensee’s relationship with Autodesk; they do not govern the Software, which is governed solely by this Agreement (Section 14.1(iii)).

15. General

15.1. Governing law and venue. This Agreement, and any dispute or claim arising out of or in connection with it, are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. If Licensee is a consumer, this does not deprive Licensee of the protection of the mandatory provisions of the law of the country where Licensee lives, and Licensee may bring proceedings in the courts of that country. The purchase transaction itself is governed by Paddle’s Buyer Terms as merchant of record.

15.2. Assignment. Licensee may not assign this Agreement without Licensor’s written consent. Licensor may assign to a successor of the ValTerra business.

15.3. Changes. This Agreement applies to the Software version it accompanies. Licensor may update this Agreement for future versions; continued use of new versions constitutes acceptance of the updated terms for those versions.

15.4. Entire agreement; severability. This Agreement is the entire agreement regarding the Software and supersedes prior discussions. If any provision is held unenforceable, the remainder stays in effect.

15.5. Force majeure. Licensor is not liable for failure caused by events beyond reasonable control, including war, hostilities, power or infrastructure outages, and acts of government.

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Contact: [email protected] — Valerii Nikulin, sole proprietor (FOP) registered in Ukraine, trading as Shall We Art. Contact page: /contact.