Legal
EULA
EULA – End-User License Agreement
Last updated: October 18, 2023
PLEASE READ THIS DOCUMENT CAREFULLY. IT SIGNIFICANTLY ALTERS YOUR LEGAL RIGHTS AND REMEDIES. BY PURCHASING, DOWNLOADING OR USING ANY “3D ASSET”, “PYTHON TOOL”, OR “EDUCATIONAL CONTENT” (COLLECTIVELY REFERRED TO AS THE “PRODUCT”) FROM MESHSYNERGY.XYZ, YOU ACCEPT ALL OF THIS EULA’S TERMS, INCLUDING DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON DAMAGES. IF YOU DO NOT ACCEPT THIS EULA’S TERMS, DO NOT PURCHASE, DOWNLOAD, OR USE THE PRODUCT.
Interpretation and Definitions
Interpretation
Words with an initial capitalized letter have meanings defined under the following conditions. These definitions hold regardless of whether they appear in singular or plural.
Definitions
For this End-User License Agreement:
Agreement means this End-User License Agreement, which forms the full agreement between You and MeshSynergy.xyz regarding the use of the Product.
Product refers to the software program, tool, 3D asset, educational content, or any other digital resource provided by MeshSynergy.xyz that you have accessed, downloaded, or purchased.
MeshSynergy.xyz (referred to as "the Company", "We", "Us", or "Our" in this Agreement) represents the entity providing the Product.
Content denotes any text, images, or other data that can be posted, uploaded, linked to, or shared by You.
Country pertains to: California, United States.
Device is any apparatus that can access the Product, such as a computer, mobile phone, or tablet.
Third-Party Services signify any services or content, including data, information, or applications, provided by an external entity that might be displayed, included, or made available by the Product.
You designates the individual using the Product or the company, or other legal entity on behalf of which the Product is being used.
Acknowledgment
By purchasing, downloading, or using any part of the Product, You acknowledge and agree to be bound by the terms and conditions of this Agreement. If you disagree with these terms, refrain from purchasing, downloading, or using the Product.
This Agreement represents the binding contract between You and MeshSynergy.xyz, governing your use of the Product provided by MeshSynergy.xyz.
The Product is licensed, not sold, to You by MeshSynergy.xyz, strictly adhering to this Agreement's terms.
License
Scope of License
MeshSynergy.xyz grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Product in line with the terms of this Agreement.
The license provided by MeshSynergy.xyz is intended strictly for your personal, non-commercial use, adhering to this Agreement's stipulations.
License Restrictions
You agree not to, and will not allow others to:
License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or in any way commercially exploit the Product or make it available to any third party.
Modify, create derivative works from, disassemble, decrypt, reverse compile, or reverse engineer any part of the Product.
Remove, alter, or obscure any proprietary notice (including copyright or trademark notices) of MeshSynergy.xyz or its affiliates, partners, or licensors.
Intellectual Property
The Product, encompassing all copyrights, patents, trademarks, trade secrets, and other intellectual property rights, is, and remains, the unique and exclusive property of MeshSynergy.xyz.
MeshSynergy.xyz is under no obligation to indemnify or defend you against third-party claims stemming from or relating to the Product. If mandated by law to offer indemnification, MeshSynergy.xyz alone will handle the investigation, defense, settlement, and discharge of any claim suggesting the Product or its use infringes third-party intellectual property rights.
Your Suggestions
All feedback, comments, ideas, enhancements, or suggestions conveyed by you to MeshSynergy.xyz regarding the Product stay the exclusive property of MeshSynergy.xyz.
MeshSynergy.xyz reserves the right to freely use, adapt, publish, or share the Suggestions for any purpose without giving credit or offering compensation to you.
Term and Termination
This Agreement will continue until terminated either by you or MeshSynergy.xyz. At its discretion, MeshSynergy.xyz can suspend or end this Agreement at any moment, with or without providing advance notice.
If you breach any provision of this Agreement, MeshSynergy.xyz reserves the right to terminate this Agreement without prior notice. You may also end this Agreement by removing the Product and all its copies from your devices.
Upon termination, you must immediately stop using the Product and delete all copies from your devices. Termination doesn't restrict MeshSynergy.xyz's legal rights or remedies in case you breach any obligations during the Agreement's term.
Indemnification
You commit to defend, indemnify, and hold harmless MeshSynergy.xyz, its affiliates, officers, directors, employees, and agents from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use of the Product, your violation of this Agreement, or your violation of any third-party rights.
No Warranties
The Product is provided “AS IS” and “AS AVAILABLE”, with all possible faults and without any warranties. MeshSynergy.xyz, its affiliates, and its licensors disclaim all warranties, either explicit or implied, including, but not limited to, warranties of merchantability, fitness for a specific purpose, and non-infringement. MeshSynergy.xyz makes no assurances that the Product will meet your needs, will be uninterrupted, timely, secure, or error-free, or that defects will be corrected.
MeshSynergy.xyz doesn't warrant or represent that: (i) the Product or any part of it will be consistent or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Product is free of viruses or other harmful elements; or (iv) the results of using the Product will meet your needs.
If, under governing laws, the disclaimers of warranties are not applicable, the duration of any such implied warranty is limited to 30 days from the date of purchase or acquisition of the Product. Some jurisdictions don't permit limitations on implied warranties, so these limitations may not apply to you.
Limitation of Liability
Regardless of any damages that you may experience, MeshSynergy.xyz's total liability under any provision of this Agreement will be restricted to the amount you have actually paid for the Product.
Within the bounds of applicable law, neither MeshSynergy.xyz nor its providers will be responsible for any special, incidental, indirect, or consequential damages whatsoever (e.g., damages from loss of profits, data, business interruption, personal injury, or privacy, or any other pecuniary or non-pecuniary loss) resulting from the use or inability to use the Product, even if MeshSynergy.xyz has been informed of potential damages.
Certain jurisdictions don't permit the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
Severability and Waiver
Severability
If any clause within this Agreement is deemed unenforceable or invalid, that clause will be reformed to reflect the original intent as closely as possible, and all other terms will remain effective.
Waiver
Failure to enforce any right or provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.
Product Claims
MeshSynergy.xyz provides no warranties regarding the Product.
U.S. Legal Compliance
You assure that: (i) you are not in a country subject to a U.S. government embargo or classified by the U.S. government as a "terrorist-supporting" country, and (ii) you are not on any U.S. government list of restricted or prohibited parties.
Changes to this Agreement
MeshSynergy.xyz reserves the right to modify this Agreement when necessary. Your continued use of the Product after any changes signifies your acceptance of the updated terms. If you disagree with the new terms, you should discontinue using the Product.
Governing Law
This Agreement and your use of the Product are governed by the laws of California, U.S., without regard to its conflict of laws provisions. Additionally, you might be subject to other local, state, national, or international laws.
Entire Agreement
This Agreement represents the entire understanding between you and MeshSynergy.xyz concerning the Product and supersedes any previous agreements. Should you use or purchase other services from MeshSynergy.xyz, additional terms and conditions may apply, which you will be informed of at that time.