Informations Légales

This End-User License Agreement (EULA) consists of the following Sections:

 

*Act-3D as used in this EULA is an abbreviation of the Dutch ‘Act-3D besloten

vennootschap  met beperkte aansprakelijkheid (B.V.)’, which is the Dutch version

of a private limited liability company.

 

1. EULA For Users of Act-3D Commercial Licenses

2. EULA For Users of Act-3D Free Demonstration Trial Licences

3. EULA For Users of Act-3D Educational Institution Licenses

4. EULA For Users of Act-3D Individual Student Version Licenses

5. EULA For Users of Act-3D ‘Not-for-Resale’ (NFR) Licenses

 

1.EULA For Users of Act-3D Commercial Licenses

Applicability of this EULA

This section of the EULA is applicable to the standard commercial version of Lumion

and Lumion Pro. This includes the free trial of the commercial versions of Lumion.

It also includes the Subscription versions of Lumion that are available in some

countries.

 

IMPORTANT READ CAREFULLY: This End-User License Agreement (« EULA »)

is a legal agreement between you (either an individual or a single entity) and

Act-3D for the Act-3D software that accompanies this EULA, which includes

associated media and Act-3D Internet-based services (« Software »). An amend-

ment or addendum to this EULA may accompany the Software.

 

YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING,

COPYING, OR USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT

INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR

PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.

 

DEFINITIONS

1. « Lumion » is the program supplied by Act-3D B.V. herewith, and any and all

updates thereto. To see the Lumion specifications, please use the following link

http://lumion.com/specifications.html.

2. « Lumion Project » means an output file generated by you using Lumion.

Examples of Lumion Projects include movies, presentations, demonstration files,

interactive multimedia material, interactive entertainment products and the like.

3. MyLumion is a service that can host 360 degree panorama views, renderings and

links to YouTube videos on MyLumion.com.

4. OpenStreetMap is a BETA version of a service that can download city/terrain data

for 3D models.

 

GRANT OF LICENSE

This license allows you to:

1. Install and use Lumion on multiple computers and make copies of Lumion in

machine-readable form for backup purposes, provided the number of concurrent

users does not exceed the number of Lumion licenses purchased. You must

reproduce on any such copy all copyright notices and any other proprietary

legends on the original copy of Lumion. It is illegal to make installed copies of

Lumion or the Lumion installation files available to the public, for example via

file hosting websites.

2. Install Lumion on a storage device, such as a network server, and run

Lumion on an internal network, provided the number of concurrent users does

not exceed the number of Lumion licenses purchased. A copy of Lumion must

be purchased for each such user.

3. Make copies of a « Lumion Project », and distribute those copies for use by

yourself or personnel employed by you, or by another party.

 

LICENSE RESTRICTIONS

Other than as set forth under « Grant of License », you may not make or distribute

copies of Lumion, or electronically transfer Lumion from one computer to

another or over a network. You may not rent, lease or sublicense Lumion.

You may not modify Lumion or create derivative works based upon Lumion.

 

HARDWARE REQUIREMENTS

Lumion runs on a Windows operating system and needs internet access over

HTTP to the license server of Act-3D B.V. You are responsible for selecting

the appropriate resources, including hardware and internet access, and for ensuring

that these are available in full and in a timely manner. Act-3D B.V. will under no

circumstances be liable for losses or costs arising as a result of transmission

errors, breakdowns or the non-availability of these facilities. To see the detailed

hardware requirements please use the following link: http://lumion.com/faq/#hardware.

 

PRIVACY

By installing this copy of Lumion you accept that Lumion sends infor-

mation like computer name and hardware specifications to Act­3D B.V. servers

with the purpose of verifying validity of your license.

By installing this copy of Lumion you also accept that Lumion sends test results and

hardware specifications to Act­3D B.V. servers with the purpose of further

improving the future development of Lumion. This information will be used to create

estimates of performance of different hardware and to improve hardware compa-

tibility.

Lumion uses a floating license system and licenses are activated/de-activated

on the Act-3D license servers. In order to maintain the activation status of

Lumion licenses (active or inactive), Act-3D stores activation/de-activation data

in a database. Act-3D also reserves the right to use this data for analytical pur-

poses, such as usage statistics. This data is also available to authorized Act-3D

sales partners.

 

OWNERSHIP

The foregoing license gives you limited rights to use Lumion, only for the inten-

ded use. Although you own the media on which Lumion is recorded, you do not

become the owner of, and Act-3D retains title to, Lumion, the Lumion Viewer

(supplied with Lumion Pro), and all copies thereof. All intellectual property rights

to the software shall remain exclusively vested in Act-3D B.V., its licensors or

its own suppliers. You only acquire those rights of use that are explicitly granted

in this license agreement and by law. Any rights of use granted to you shall be

non-exclusive, non-transferable to third parties and non-sublicensable. You

shall not be permitted to remove or amend any details in relation to the confidential

nature or in relation to copyrights, brand names, trade names or any other intellectual

property right from the software.

 

SUPPORT

Technical support options can be found on the Lumion support page:

http://lumion.com/support.

Once you receive your Lumion license, you can register your personal account on

the Lumion forum, available via the Lumion website. This offers you access to the

licensed section of the support forum of Act-3D B.V. The support forum is maintained

by professional Lumion Support Staff members who answer technical questions about

Lumion. The licensed section also offers a knowledge base resource available to all

commercial users of Lumion and Lumion Pro.

 

UPDATE AND UPGRADE POLICY

Act-3D B.V. regularly releases updates with fixes, changes and added

functionality. To see the Lumion upgrade policy, please visit this page:

http://lumion.com/upgrade-policy

 

LIMITED WARRANTIES

Act-3D B.V. warrants that, for a period of ninety (90) days from the date of

delivery (as evidenced by a copy of your receipt, when used with a recommended

hardware configuration, Lumion will perform in substantial conformance with the

documentation supplied with when used with a recommended hardware configuration,

Lumion will perform in substantial conformance with the documentation

supplied with Lumion the product specifications supplied on the Lumion pro-

duct website (http://lumion.com/products/). Except as set forth in the foregoing

limited warranty, Act-3D B.V. disclaims all other warranties or conditions, either

express or implied, including the warranties or conditions of merchantability, fit-

ness for a particular purpose and non infringement. If applicable law implies any

warranties with respect to Lumion, all such warranties are limited in duration to

ninety (90) days from the date of delivery. No oral or written information or advice

given by Act-3D B.V., its dealers, distributors, agents or employees shall create

a warranty or in any way increase the scope of this warranty. You will responsible

for the use of Lumion and the manner in which the results obtained through the

use of the software are used, Act-3D B.V. shall not be responsible for checking

the accuracy and completeness of Lumion and the data generated through the

use of the service. Act-3D B.V. shall have no responsibility if Lumion has been

altered in any way, if the media has been damaged by accident, abuse or mis-

application, or if the failure arises out of use of Lumion with other than a recom-

mended hardware configuration.

 

LIMITATIONS OF DAMAGES

The total liability of Act-3D B.V. due to an attributable failure to perform this

license agreement or due to any other reason, explicitly including any failure to

comply with a guarantee obligation agreed with you, shall be limited to compen-

sation of the direct damages or loss not exceeding the sum of 250 U.S. dollars.

The liability of Act-3D B.V. for indirect damages or loss, resulting loss, loss of

profit, loss of savings, reduced goodwill, loss due to business interruption, loss

as a result of claims from your customers, shall be excluded. The liability of

Act-3D B.V. due to the scrambling, destruction or loss of data or documents

shall also be excluded. The liability of Act-3D B.V. for loss as a result of death,

physical injury or due to material damage to  items shall under no circumstances

exceed € 1.250.000,–.

 

BASIS OF BARGAIN

The limited warranty, exclusive remedies and limited liability set forth above are

fundamental elements of the basis of the agreement between Act-3D B.V. and

you. Act-3D B.V. would not be able to provide Lumion on an economic basis

without such limitations.

 

GENERAL

This Agreement shall be governed by  Dutch law. The applicability of the Conven-

tion on Contracts for the International Sale of Goods 1980 is excluded. Any

disputes that may arise on the basis of this license agreement, shall be settled

by the District Court of The Hague, the Netherlands.This Agreement contains the

complete agreement between the parties with respect to the subject matter

hereof, and supersedes all prior or contemporaneous agreements or under-

standings, whether oral or written. All questions concerning this Agreement shall

be directed to: Act-3D B.V., Veerpolder 2a, 2361 KV, Warmond,  The Netherlands.

 

MYLUMION

MYLumion is functionality which allows projects to be uploaded from Lumion and

stored on a ‘MYLumion’ online domain. Certain conditions apply to this

functionality.

1. MYLumion is supplied on a ‘best effort’ basis, meaning that

MYLumion project data is backed  up on multiple servers but no specific

performance guarantees can be provided for the following reasons:

a) Availability depends on services provided by the relevant internet storage

operators. The  of the functionality is determined by these providers and is

less than 100%.

b) In countries or regions with restricted or unreliable internet access, the

MYLumion website domain might not be accessible.

2. Storage time for projects on MYLumion

is a minimum of 1 year, from the time the MYLumion project was created.

3. MYLumion is provided on a ‘fair use’ basis. This means that a maximum

of 10 panorama projects and 10 image projects can be in use at any one time.

It also means that if more

projects are uploaded, the older projects (both Panorama and Image projects)

will be removed automatically from the relevant MYLumion account.

4. The usage data of projects is logged in a Lumion database and may be used

for usage analysis reasons.

Projects are available via a randomly generated unique link.

5. Projects are not password protected.

 

UPLOAD TO YOUTUBE

It is possible to upload video (animation) outputs directly to Youtube from Lumion.

This functionality is dependent on third-party factors outside the functionality of

Lumion and for which Act-3D cannot offer any guarantees, support or compensation.

Such factors include:

1. Youtube upload protocol and API version can change suddenly and

independently of Act-3D, with the potential loss of Lumion functionality.

2. Availability of Youtube in specific organisations, regions or countries.

In some organisations, regions and countries, access to Youtube is restricted

or forbidden. In these circumstances, the Youtube upload functionality is

not available.

 

OPEN STREET MAPS (OSM) BETA FUNCTIONALITY

Act-3D has made a BETA version of Open Street Maps (OSM) functionality available since

Lumion version 7.0. This makes use of the online ‘Open Street Maps’ service which is

provided by a third party, which is independent of Lumion or ACT-3D. As such, the

functionality is dependent on the service and data provided by the operators of the

Open Street Maps service. The BETA status means the OSM functionality in Lumion is

still under development. This Agreement offers ‘as is’ use of OSM free of charge.

Act-3D offers no support and accepts no liability in any form regarding the use of OSM.

Act-3D may discontinue or change the OSM project at any time without any obligation to

compensate license holders.

 

SOFTWARE FROM THIRD PARTY SUPPLIERS

Act-3D B.V. provides you with software from third parties. The (license) terms

imposed by such third parties in relation to the software shall apply, notwith-

standing any varying provisions in this license agreement. By installing, copying

or using Lumion you agree to be bound to the hereunder mentioned terms im-

posed by those third parties.

 

FFMPEG

Lumion utilises the FFmpeg video application

Copyright (c) 2000-2017 Fabrice Bellard, et al.) for part of the output process.

FFmpeg is free software licensed under the GNU Lesser General Public

License LGPLv2.1

(see: http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html for more details)

FFmpeg is a trademark of Fabrice Bellard, originator of the FFmpeg project.

The source code of FFmpeg and compile information, as used in Lumion, is

included in the installation under /Src/FFmpeg

 

AUTODESK® REALDWG

Lumion includes Autodesk® RealDWG by Autodesk, Inc., Copyright © 1998-

2017 Autodesk, Inc. All rights reserved.

 

FMOD SOUND SYSTEM

Lumion includes the FMOD Sound System, copyright © Firelight Technologies

Pty, Ltd., 1994-2017.

 

CONTENT COPYRIGHT

Certain content in the Model Library of Lumion with third party copyrighted or

trademarked images, logos, brand names, etc., may require additional licensing,

rights, permissions, releases, or clearance for non-editorial use. It is the sole

responsibility of you to determine, before using any content in the Model Library,

whether additional licensing, rights, permissions, releases, or clearance are

necessary for the intended use of content in the Model Library of Lumion.

 

CGTEXTURES

One or more textures on 3D models in the Model Library in Lumion have been

created with images from CGTextures.com. These images may not be redistri-

buted by default. Please visit www.cgtextures.com for more information.

 

OTHER TEXTURES

One or more textures on 3D models in the Model Library in Lumion have been

created with images from http://goodtextures.deviantart.com/

One or more textures on 3D models in the Model Library in Lumion have been

created with images from:

http://goodtextures.deviantart.com/art/White-Marble-Texture-01-150143876

 

FONTS

The following fonts which are embedded in Lumion are licensed under the SIL

Open Font License, version 1.1: Abril, Dosis, Great Vibes, IM Fell, League

Gothic, Libre Baskerville, Lobster and Playfair.

 

The following font which is embedded in Lumion is licensed under the Apache

License, version 2.0 (see http://www.apache.org/licenses/LICENSE-2.0.txt):

Permanent Marker.

 

OPENCV

Copyright (C) 2016, OpenCV Foundation, all rights reserved.

Copyright (C) 2016-17, Itseez Inc., all rights reserved.

 

Redistribution and use in source and binary forms, with or without modification,

are permitted provided that the following conditions are met:

 

* Redistributions of source code must retain the above copyright notice,

this list of conditions and the following disclaimer.

* Redistributions in binary form must reproduce the above copyright notice,

this list of conditions and the following disclaimer in the documentation

and/or other materials provided with the distribution.

* Neither the names of the copyright holders nor the names of the contributors

may be used to endorse or promote products derived from this software

without specific prior written permission.

 

This software is provided by the copyright holders and contributors « as is » and

any express or implied warranties, including, but not limited to, the implied

warranties of merchantability and fitness for a particular purpose are disclaimed.

In no event shall copyright holders or contributors be liable for any direct,

indirect, incidental, special, exemplary, or consequential damages

(including, but not limited to, procurement of substitute goods or services;

loss of use, data, or profits; or business interruption) however caused

and on any theory of liability, whether in contract, strict liability,

or tort (including negligence or otherwise) arising in any way out of

the use of this software, even if advised of the possibility of such damage.

 

CURL

Copyright (c) 1996 – 2016, Daniel Stenberg, daniel@haxx.se, and many

contributors. All rights reserved.

 

Permission to use, copy, modify, and distribute this software for any purpose

with or without fee is hereby granted, provided that the above copyright notice

and this permission notice appear in all copies.

 

THE SOFTWARE IS PROVIDED « AS IS », WITHOUT WARRANTY OF ANY

KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO

EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE

FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN

ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT

OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR

OTHER DEALINGS IN THE SOFTWARE.

 

Except as contained in this notice, the name of a copyright holder shall not

be used in advertising or otherwise to promote the sale, use or other dealings

in this Software without prior written authorization of the copyright holder.

 

OPENSTREETMAP

Lumion uses data from OpenStreetMap which is available under the Open Database

Licence. The terms are available here: www.openstreetmap.org/copyright

Map data © OpenStreetMap contributors.

 

MAPZEN

Lumion uses services provided by MapZen.

Mapzen Vector Tiles include data from OpenStreetMap, Natural Earth, and Who’s

On First. Mapzen Turn-by-Turn and Matrix service include data from OpenStreetMap,

British Oceanographic Data Centre, NASA, USGS, and Transitland. Mapzen Search

includes data from OpenStreetMap, GeoNames, OpenAddresses, and Who’s On First.

Mapzen Elevation Service includes data from British Oceanographic Data Centre,

NASA, USGS, and NOAA.

 

WHO’S ON FIRST

Lumion uses data from Who’s On First. License:

http://whosonfirst.mapzen.com/#License

Who’s On First includes data from several sources, including GeoNames,

GeoPlanet (Where on Earth), Natural Earth, OurAirports, Quattroshapes,

Zetashapes, and others.

 

LIBTESS2

Lumion uses Libtess2: https://github.com/memononen/libtess2

It is licensed under the SGI Free Software License B (V2.0, Sept. 18, 2008).

Copyright (C) Silicon Graphics, Inc. All Rights Reserved. Permission is hereby

granted, free of charge, to any person obtaining a copy of this software and

associated documentation files (the « Software »), to deal in the Software without

restriction, including without limitation the rights to use, copy, modify,

merge, publish, distribute, sublicense, and/or sell copies of the Software, and

to permit persons to whom the Software is furnished to do so.

Link to license: http://oss.sgi.com/projects/FreeB/

 

THE SOFTWARE IS PROVIDED « AS IS », WITHOUT WARRANTY OF ANY KIND,

EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES

OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND

NONINFRINGEMENT. IN NO EVENT SHALL SILICON GRAPHICS, INC. BE

LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN

ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR

IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS

IN THE SOFTWARE.

 

CLIPPER

Lumion uses Clipper: http://www.angusj.com/delphi/clipper.php

It is licensed under the Boost Software License (V1.0, Aug. 17, 2003).

 

Permission is hereby granted, free of charge, to any person or organization

obtaining a copy of the software and accompanying documentation covered by

this license (the « Software ») to use, reproduce, display, distribute,

execute, and transmit the Software, and to prepare derivative works of the

Software, and to permit third-parties to whom the Software is furnished to

do so, all subject to the following:

 

The copyright notices in the Software and this entire statement, including

the above license grant, this restriction and the following disclaimer,

must be included in all copies of the Software, in whole or in part, and

all derivative works of the Software, unless such copies or derivative

works are solely in the form of machine-executable object code generated by

a source language processor.

 

THE SOFTWARE IS PROVIDED « AS IS », WITHOUT WARRANTY OF ANY KIND,

EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES

OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND

NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR

ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR

OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE,

ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR

THE USE OR OTHER DEALINGS IN THE SOFTWARE.

 

2.EULA For Users of Act-3D Free Demonstration Trial Licences

 

APPLICABILITY OF EULA

This EULA is applicable to the free demonstration trial version of

Lumion, available freely to anyone who fills in the appropriate forms

on the web-page: https://lumion.com/free-trial.html. If the download

has been obtained via a different route, The EULA is still applicable

to that user.

 

IMPORTANT READ CAREFULLY: This End-User License Agreement (« EULA »)

is a legal agreement between you (either an individual or a single entity) and

Act-3D for the Act-3D software that accompanies this EULA, which includes

associated media and Act-3D Internet-based services (« Software »). An amend-

ment or addendum to this EULA may accompany the Software.

 

YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING,

COPYING, OR USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT

INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR

PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.

 

DEFINITIONS

1. « Lumion » is the program supplied by Act-3D B.V. herewith, and any and all

updates thereto. To see the Lumion specifications, please use the following link

http://lumion.com/specifications.html.

2. « Lumion Project » means an output file generated by you using Lumion.

Examples of Lumion Projects include movies, presentations, demonstration files,

interactive multimedia material, interactive entertainment products and the like.

3. MyLumion is a service that can host 360 degree panorama

views, renderings and links to YouTube videos on MyLumion.com. This is not available

in the Free Demo trial version of Lumion.

4. OpenStreetMap is a BETA version of a service that can download city/terrain data

for 3D models but is not available in the Free Demo Trial version of Lumion.

 

GRANT OF LICENSE

This license allows you to:

1. Install and use Lumion on multiple computers and make copies of Lumion in

machine-readable form for backup purposes, provided the number of concurrent

users does not exceed the number of Lumion licenses purchased or granted by Act-3D.

You must reproduce on any such copy all copyright notices and any other proprietary

legends on the original copy of Lumion. It is illegal to make installed copies of

Lumion or the Lumion installation files available to the public, for example via

file hosting websites.

2. Install Lumion on a storage device, such as a network server, and run

Lumion on an internal network, provided the number of concurrent users does

not exceed the number of Lumion licenses purchased. A copy of Lumion must

be purchased for each such user.

3. Make copies of a « Lumion Project », and distribute those copies for use by

yourself or personnel employed by you, or by another party.

 

LICENSE RESTRICTIONS

Other than as set forth under « Grant of License », you may not make or distribute

copies of Lumion, or electronically transfer Lumion from one computer to

another or over a network. You may not rent, lease or sublicense Lumion.

You may not modify Lumion or create derivative works based upon Lumion.

You may not lend your copy of Lumion to anyone for purposes of cracking or

of further illegal distribution of the Lumion installer.

 

The license is for trial and testing purposes only and does not allow you to create

Commercial outputs, i.e. Outputs which are used in a situation where

an implicit or explicit monetary value could be assigned to that output.

 

HARDWARE REQUIREMENTS

Lumion runs on a Windows operating system and needs internet access over

HTTP to the license server of Act-3D B.V. You are responsible for selecting

the appropriate resources, including hardware and internet access, and for

ensuring that these are available in full and in a timely manner. Act-3D B.V. will

under no circumstances be liable for losses or costs arising as a result of

transmission errors, breakdowns or the non-availability of these facilities.

To see the detailed hardware requirements please use the following link:

http://lumion.com/faq/#hardware.

 

GUARANTEES

No availability or reliability guarantees are made by Act-3D relating to the

free demo trial version of Lumion. Furthermore, Act-3D reserves the right to

switch off licenses without any obligation to inform users of the free demo

trial version and Act-3D will accept no responsibility for any associated

consequences to users of the free demo trial version of Lumion.

 

Functionality of the free trial version of Lumion differs from the Commercial

versions of Lumion and no commitments or guarantees of functionality of the

free demo trial version are given.

 

PRIVACY

By installing this copy of Lumion you accept that Lumion sends infor-

mation like computer name, hardware details and specifications to Act­3D B.V.

Servers with the purpose of verifying validity of your license.

By installing this copy of Lumion you also accept that Lumion sends test results and

hardware specifications to Act­3D B.V. servers with the purpose of further

improving the future development of Lumion. This information will be used to create

estimates of performance of different hardware and to improve hardware compa-

Tibility. Furthermore, the same data may be used for research and analytical reasons.

Act-3D reserves the right to forward usage data to Act-3D’s regional partners,

corresponding to the region in which the license was downloaded. These partners are

obliged to abide by data privacy agreements in their regions.

 

Lumion uses a floating license system and licenses are activated/de-activated

on the Act-3D license servers. In order to maintain the activation status of

Lumion licenses (active or inactive), Act-3D stores activation/de-activation data

in a database. Act-3D also reserves the right to use this data for analytical pur-

poses, such as usage statistics. These data are also available to authorized Act-3D

sales partners. These partners are obliged to abide by data privacy agreements

in their regions.

 

 

OWNERSHIP

The foregoing license gives you limited rights to use Lumion, only for the inten-

ded use. Although you own the media on which Lumion is recorded, you do not

become the owner of, and Act-3D retains title to, Lumion, the Lumion Viewer

(supplied with Lumion Pro), and all copies thereof. All intellectual property rights

to the software shall remain exclusively vested in Act-3D B.V., its licensors or its

own suppliers. You only acquire those rights of use that are explicitly granted

in this license agreement and by law. Any rights of use granted to you shall be

non-exclusive, non-transferable to third parties and non-sublicensable. You

shall not be permitted to remove or amend any details in relation to the

confidential nature or in relation to copyrights, brand names, trade names

or any other intellectual property right from the software.

 

SUPPORT

Technical support options can be found on the Lumion support page:

http://lumion.com/support.

 

UPDATE AND UPGRADE POLICY

There are no guarantees of updates or upgrades.

 

WARRANTY

Act-3D B.V. provides no warranty on the free demo version of Lumion.  No

oral or written information or advice given by Act-3D B.V., its dealers,

distributors, agents or employees will create a warranty or in any way increase

the scope of this warranty. You will responsible for the use of Lumion and the

manner in which the results obtained through the use of the software are

used, Act-3D B.V. will not be responsible for checking the accuracy and

completeness of Lumion and the data generated through the use of the

service. Act-3D B.V. will have no responsibility if Lumion has been altered in

any way, if the media has been damaged by accident, abuse or mis-

application, or if the failure arises out of use of Lumion with other than a recom-

mended hardware configuration.

 

LIMITATIONS OF DAMAGES

Act-3D B.V. accepts no liability on the free demo version of Lumion.

 

GENERAL

This Agreement shall be governed by Dutch law. The applicability of the Conven-

tion on Contracts for the International Sale of Goods 1980 is excluded. Any

disputes that may arise on the basis of this license agreement, shall be settled

by the District Court of The Hague, the Netherlands.This Agreement contains the

complete agreement between the parties with respect to the subject matter

hereof, and supersedes all prior or contemporaneous agreements or under-

standings, whether oral or written. All questions concerning this Agreement shall

be directed to: Act-3D B.V., Veerpolder 2a, 2361 KV, Warmond, The Netherlands.

 

SOFTWARE FROM THIRD PARTY SUPPLIERS

Act-3D B.V. provides you with software from third parties. The (license) terms

imposed by such third parties in relation to the software shall apply, notwith-

standing any varying provisions in this license agreement. By installing, copying

or using Lumion you agree to be bound to the hereunder mentioned terms im-

posed by those third parties.

 

FFMPEG

Lumion utilises the FFmpeg video application

Copyright (c) 2000-2017 Fabrice Bellard, et al.) for part of the output process.

FFmpeg is free software licensed under the GNU Lesser General Public

License LGPLv2.1

(see: http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html for more details)

FFmpeg is a trademark of Fabrice Bellard, originator of the FFmpeg project.

The source code of FFmpeg and compile information, as used in Lumion, is

included in the installation under /Src/FFmpeg

 

AUTODESK® REALDWG

Lumion includes Autodesk® RealDWG by Autodesk, Inc., Copyright © 1998-

2017 Autodesk, Inc. All rights reserved.

 

FMOD SOUND SYSTEM

Lumion includes the FMOD Sound System, copyright © Firelight Technologies

Pty, Ltd., 1994-2017.

 

CONTENT COPYRIGHT

Certain content in the Model Library of Lumion with third party copyrighted or

trademarked images, logos, brand names, etc., may require additional licensing,

rights, permissions, releases, or clearance for non-editorial use. It is the sole

responsibility of you to determine, before using any content in the Model Library,

whether additional licensing, rights, permissions, releases, or clearance are

necessary for the intended use of content in the Model Library of Lumion.

 

CGTEXTURES

One or more textures on 3D models in the Model Library in Lumion have been

created with images from CGTextures.com. These images may not be redistri-

buted by default. Please visit www.cgtextures.com for more information.

 

OTHER TEXTURES

One or more textures on 3D models in the Model Library in Lumion have been

created with images from http://goodtextures.deviantart.com/

One or more textures on 3D models in the Model Library in Lumion have been

created with images from:

http://goodtextures.deviantart.com/art/White-Marble-Texture-01-150143876

 

FONTS

The following fonts which are embedded in Lumion are licensed under the SIL

Open Font License, version 1.1: Abril, Dosis, Great Vibes, IM Fell, League

Gothic, Libre Baskerville, Lobster and Playfair.

 

The following font which is embedded in Lumion is licensed under the Apache

License, version 2.0 (see http://www.apache.org/licenses/LICENSE-2.0.txt):

Permanent Marker.

 

OPENCV

Copyright (C) 2016, OpenCV Foundation, all rights reserved.

Copyright (C) 2016-17, Itseez Inc., all rights reserved.

 

Redistribution and use in source and binary forms, with or without modification,

are permitted provided that the following conditions are met:

 

* Redistributions of source code must retain the above copyright notice,

this list of conditions and the following disclaimer.

* Redistributions in binary form must reproduce the above copyright notice,

this list of conditions and the following disclaimer in the documentation

and/or other materials provided with the distribution.

* Neither the names of the copyright holders nor the names of the contributors

may be used to endorse or promote products derived from this software

without specific prior written permission.

 

This software is provided by the copyright holders and contributors « as is » and

any express or implied warranties, including, but not limited to, the implied

warranties of merchantability and fitness for a particular purpose are disclaimed.

In no event shall copyright holders or contributors be liable for any direct,

indirect, incidental, special, exemplary, or consequential damages

(including, but not limited to, procurement of substitute goods or services;

loss of use, data, or profits; or business interruption) however caused

and on any theory of liability, whether in contract, strict liability,

or tort (including negligence or otherwise) arising in any way out of

the use of this software, even if advised of the possibility of such damage.

 

CURL

Copyright (c) 1996 – 2016, Daniel Stenberg, daniel@haxx.se, and many

contributors. All rights reserved.

 

Permission to use, copy, modify, and distribute this software for any purpose

with or without fee is hereby granted, provided that the above copyright notice

and this permission notice appear in all copies.

 

THE SOFTWARE IS PROVIDED « AS IS », WITHOUT WARRANTY OF ANY

KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO

EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE

FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN

ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT

OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR

OTHER DEALINGS IN THE SOFTWARE.

 

Except as contained in this notice, the name of a copyright holder shall not

be used in advertising or otherwise to promote the sale, use or other dealings

in this Software without prior written authorization of the copyright holder.

 

OPENSTREETMAP

Lumion uses data from OpenStreetMap which is available under the Open Database

Licence. The terms are available here: www.openstreetmap.org/copyright

Map data © OpenStreetMap contributors.

 

MAPZEN

Lumion uses services provided by MapZen.

Mapzen Vector Tiles include data from OpenStreetMap, Natural Earth, and Who’s

On First. Mapzen Turn-by-Turn and Matrix service include data from OpenStreetMap,

British Oceanographic Data Centre, NASA, USGS, and Transitland. Mapzen Search

includes data from OpenStreetMap, GeoNames, OpenAddresses, and Who’s On First.

Mapzen Elevation Service includes data from British Oceanographic Data Centre,

NASA, USGS, and NOAA.

 

WHO’S ON FIRST

Lumion uses data from Who’s On First. License:

http://whosonfirst.mapzen.com/#License

Who’s On First includes data from several sources, including GeoNames,

GeoPlanet (Where on Earth), Natural Earth, OurAirports, Quattroshapes,

Zetashapes, and others.

 

LIBTESS2

Lumion uses Libtess2: https://github.com/memononen/libtess2

It is licensed under the SGI Free Software License B (V2.0, Sept. 18, 2008).

Copyright (C) Silicon Graphics, Inc. All Rights Reserved. Permission is hereby

granted, free of charge, to any person obtaining a copy of this software and

associated documentation files (the « Software »), to deal in the Software without

restriction, including without limitation the rights to use, copy, modify,

merge, publish, distribute, sublicense, and/or sell copies of the Software, and

to permit persons to whom the Software is furnished to do so.

Link to license: http://oss.sgi.com/projects/FreeB/

 

THE SOFTWARE IS PROVIDED « AS IS », WITHOUT WARRANTY OF ANY KIND,

EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES

OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND

NONINFRINGEMENT. IN NO EVENT SHALL SILICON GRAPHICS, INC.

BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN

AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF

OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS

IN THE SOFTWARE.

 

CLIPPER

Lumion uses Clipper: http://www.angusj.com/delphi/clipper.php

It is licensed under the Boost Software License (V1.0, Aug. 17, 2003).

 

Permission is hereby granted, free of charge, to any person or organization

obtaining a copy of the software and accompanying documentation covered by

this license (the « Software ») to use, reproduce, display, distribute,

execute, and transmit the Software, and to prepare derivative works of the

Software, and to permit third-parties to whom the Software is furnished to

do so, all subject to the following:

 

The copyright notices in the Software and this entire statement, including

the above license grant, this restriction and the following disclaimer,

must be included in all copies of the Software, in whole or in part, and

all derivative works of the Software, unless such copies or derivative

works are solely in the form of machine-executable object code generated by

a source language processor.

 

THE SOFTWARE IS PROVIDED « AS IS », WITHOUT WARRANTY OF ANY KIND,

EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES

OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND

NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR

ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR

OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING

FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR

OTHER DEALINGS IN THE SOFTWARE.

 

3.EULA For Users of Act-3D Educational Institution Licenses

 

Applicability of EULA

This EULA is applicable to Educational Licenses that are licensed to

Educational Institutions.

 

IMPORTANT READ CAREFULLY: This End-User License Agreement (« EULA »)

is a legal agreement between you (either an individual or a single entity) and

Act-3D for the Act-3D software that accompanies this EULA, which includes

associated media and Act-3D Internet-based services (« Software »). An amend-

ment or addendum to this EULA may accompany the Software.

 

YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING,

COPYING, OR USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL,

COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE

OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.

 

DEFINITIONS

1. « Lumion » is the program supplied by Act-3D B.V. herewith, and any and all

updates thereto. To see the Lumion specifications, please use the following link

http://lumion.com/specifications.html.

2. « Lumion Project » means an output file generated by you using Lumion.

Examples of Lumion Projects include movies, presentations, demonstration files,

interactive multimedia material, interactive entertainment products and the like.

3. MyLumion is a service that can host 360 degree panorama views, renderings

and links to YouTube videos on MyLumion.com.

4. OpenStreetMap is a BETA version of a service that can download city/terrain

data for 3D models.

 

GRANT OF LICENSE

This license allows you to:

1. Install and use Lumion on multiple computers and make copies of Lumion in

machine-readable form for backup purposes, provided the number of concurrent

users does not exceed the number of Lumion licenses purchased or granted by Act-3D.

You must reproduce on any such copy all copyright notices and any other proprietary

legends on the original copy of Lumion.

2. Install Lumion on a storage device, such as a network server, and run

Lumion on an internal network, provided the number of concurrent users does

not exceed the number of Lumion licenses purchased. A copy of Lumion must

be applied for/purchased for each such user.

3. Make copies of a « Lumion Project », and distribute those copies for use by

yourself or personnel employed by you, or by another party. The Student version

« Lumion Project » files can only be used with other Student versions.

 

LICENSE RESTRICTIONS

Other than as set forth under « Grant of License », you may not make or distribute

copies of Lumion, or electronically transfer Lumion from one computer to

another or over a network. You may not rent, lease or sublicense Lumion.

You may not modify Lumion or create derivative works based upon Lumion.

It is illegal to make installed copies of Lumion

or the Lumion installation files available to the general public, this includes

but is not exclusively restricted to file hosting websites.

 

Other than as set forth under « Grant of License », you may not make or distribute

copies of Lumion, or electronically transfer Lumion from one computer to

another or over a network. You may not rent, lease or sublicense Lumion.

You may not modify Lumion or create derivative works based upon Lumion.

 

It is NOT allowed to make installed copies of Lumion or the Lumion installation

files available to anyone outside the education establishment licensed under this

agreement, either via private means such as email or public means, such as

web-hosting.

 

Lumion Pro Student may not be used for commercial purposes, for this reason the

file extension is different to that of the commercial version and projects files

will therefore not be interchangeable. Act-3D reserves the right to deactivate

the license at any time if misuse is suspected or for any other reason.

 

The watermark present on outputs rendered using the Lumion Pro Student version,

whether through rendering or via a screenshot, may not under any circumstance be

removed. Act-3D reserves the right to restrict the availability of features within

the student version in comparison to what is available in the commercial version.

 

Act-3D reserves the right to restrict the availability of features within the

student version in comparison to what is available in the commercial version.

 

 

HARDWARE REQUIREMENTS

Lumion runs on a Windows operating system and needs internet access over

HTTP to the license server of Act-3D B.V. You are responsible for selecting

the appropriate resources, including hardware and internet access, and for

ensuring that these are available in full and in a timely manner. Act-3D B.V.

will under no circumstances be liable for losses or costs arising as a result

of transmission errors, breakdowns or the non-availability of these facilities.

To see the detailed hardware requirements please use the following

link: http://lumion.com/faq/#hardware.

 

PRIVACY

By installing this copy of Lumion you accept that Lumion sends infor-

mation like computer name and hardware specifications to Act­3D B.V. servers

with the purpose of verifying validity of your license.

By installing this copy of Lumion you also accept that Lumion sends test results and

hardware specifications to Act­3D B.V. servers with the purpose of further

improving the future development of Lumion. This information will be used to create

estimates of performance of different hardware and to improve hardware compa-

tibility.

Lumion uses a floating license system and licenses are activated/de-activated

on the Act-3D license servers. In order to maintain the activation status of

Lumion licenses (active or inactive), Act-3D stores activation/de-activation data

in a database. Act-3D also reserves the right to use this data for analytical pur-

poses, such as usage statistics. Act-3D reserves the right to gather extra data for

the Lumion Student Pro version to verify legal and proper usage. This data is also

available to authorized Act-3D sales partners.

 

OWNERSHIP

The foregoing license gives you limited rights to use Lumion, only for the inten-

ded use. Although you own the media on which Lumion is recorded, you do not

become the owner of, and Act-3D retains title to, Lumion, the Lumion Viewer

(supplied with Lumion Pro), and all copies thereof. All intellectual property rights

to the software shall remain exclusively vested in Act-3D B.V., its licensors or its

own suppliers. You only acquire those rights of use that are explicitly granted in

this license agreement and by law. Any rights of use granted to you shall be

non-exclusive, non-transferable to third parties and non-sublicensable.

You shall not be permitted to remove or amend any details in relation to the

confidential nature or in relation to copyrights, brand names, trade names or

any other intellectual property right from the software.

 

SUPPORT

Technical support options can be found on the Lumion support page:

http://lumion.com/support.

Once you receive your Lumion license, you can register an account on the

Lumion forum, available via the Lumion website. This offers you access to the

licensed section of the support forum of Act-3D B.V. The support forum is

maintained by professional Lumion Support Staff members who answer

technical questions about Lumion.

 

UPDATE AND UPGRADE POLICY

Act-3D B.V. regularly releases updates with fixes, changes and added

functionality for commercial version of Lumion, however these updates and upgrades

are not guaranteed to be available in the individual student version of Lumion.

Act-3D reserves the right to discontinue the student version. In this event Act-3D

may decide to invalidate active student licenses. To see the Lumion upgrade policy,

please visit this page: http://lumion.com/upgrade-policy

 

Act-3D B.V. regularly releases updates with fixes, changes and added

functionality for commercial version of Lumion, however these updates and upgrades

are not guaranteed to be available in the individual student version of Lumion.

Act-3D reserves the right to discontinue the student version. In this event Act-3D

may decide to invalidate active student licenses.

 

LIMITED WARRANTIES

Act-3D B.V. warrants that, for a period of ninety (90) days from the date of

delivery (as evidenced by a copy of your receipt, when used with a recommended

hardware configuration, Lumion will perform in substantial conformance with the

documentation supplied with when used with a recommended hardware configuration,

Lumion will perform in substantial conformance with the documentation

supplied with Lumion the product specifications supplied on the Lumion pro-

duct website (http://lumion.com/products/). Except as set forth in the foregoing

limited warranty, Act-3D B.V. disclaims all other warranties or conditions, either

express or implied, including the warranties or conditions of merchantability, fit-

ness for a particular purpose and non infringement. If applicable law implies any

warranties with respect to Lumion, all such warranties are limited in duration to

ninety (90) days from the date of delivery. No oral or written information or advice

given by Act-3D B.V., its dealers, distributors, agents or employees shall create

a warranty or in any way increase the scope of this warranty. You will responsible

for the use of Lumion and the manner in which the results obtained through the

use of the software are used, Act-3D B.V. shall not be responsible for checking

the accuracy and completeness of Lumion and the data generated through the

use of the service. Act-3D B.V. shall have no responsibility if Lumion has been

altered in any way, if the media has been damaged by accident, abuse or mis-

application, or if the failure arises out of use of Lumion with other than a recom-

mended hardware configuration.

 

LIMITATIONS OF DAMAGES

The total liability of Act-3D B.V. due to an attributable failure to perform this

license agreement or due to any other reason, explicitly including any failure to

comply with a guarantee obligation agreed with you, shall be limited to compen-

sation of the direct damages or loss not exceeding the sum of 250 U.S. dollars.

The liability of Act-3D B.V. for indirect damages or loss, resulting loss, loss of

profit, loss of savings, reduced goodwill, loss due to business interruption, loss

as a result of claims from your customers, shall be excluded. The liability of

Act-3D B.V. due to the scrambling, destruction or loss of data or documents

shall also be excluded. The liability of Act-3D B.V. for loss as a result of death,

physical injury or due to material damage to  items shall under no circumstances

exceed € 1.250.000,–.

 

BASIS OF BARGAIN

The limited warranty, exclusive remedies and limited liability set forth above are

fundamental elements of the basis of the agreement between Act-3D B.V. and

you. Act-3D B.V. would not be able to provide Lumion on an economic basis

without such limitations.

 

GENERAL

This Agreement shall be governed by  Dutch law. The applicability of the Conven-

tion on Contracts for the International Sale of Goods 1980 is excluded. Any

disputes that may arise on the basis of this license agreement, shall be settled

by the District Court of The Hague, the Netherlands.This Agreement contains the

complete agreement between the parties with respect to the subject matter

hereof, and supersedes all prior or contemporaneous agreements or under-

standings, whether oral or written. All questions concerning this Agreement shall

be directed to: Act-3D B.V., Veerpolder 2a, 2361 KV, Warmond, The Netherlands.

 

MYLUMION

MYLumion is functionality which allows projects to be uploaded from Lumion and

stored on a ‘MYLumion’ online domain. Certain conditions apply to this

functionality.

1. MYLumion is supplied on a ‘best effort’ basis, meaning that

MYLumion project data is backed  up on multiple servers but no specific

performance guarantees can be provided for the following reasons:

a) Availability depends on services provided by the relevant internet storage

operators. The  of the functionality is determined by these providers and is

less than 100%.

b) In countries or regions with restricted or unreliable internet access, the

MYLumion website domain might not be accessible.

2. Storage time for projects on MYLumion

is a minimum of 1 year, from the time the MYLumion project was created.

3. MYLumion is provided on a ‘fair use’ basis. This means that a maximum

of 10 panorama projects and 10 image projects can be in use at any one time.

It also means that if more

projects are uploaded, the older projects (both Panorama and Image projects)

will be removed automatically from the relevant MYLumion account.

4. The usage data of projects is logged in a Lumion database and may be used

for usage analysis reasons.

Projects are available via a randomly generated unique link.

5. Projects are not password protected.

 

UPLOAD TO YOUTUBE

It is possible to upload video (animation) outputs directly to Youtube from Lumion.

This functionality is dependent on third-party factors outside the functionality of

Lumion and for which Act-3D cannot offer any guarantees, support or compensation.

Such factors include:

1. Youtube upload protocol and API version can change suddenly and

independently of Act-3D, with the potential loss of Lumion functionality.

2. Availability of Youtube in specific organisations, regions or countries.

In some organisations, regions and countries, access to Youtube is restricted

or forbidden. In these circumstances, the Youtube upload functionality is

not available.

 

OPEN STREET MAPS (OSM) BETA FUNCTIONALITY

Act-3D has made a BETA version of Open Street Maps (OSM) functionality available since

Lumion version 7.0. This makes use of the online ‘Open Street Maps’ service which is

provided by a third party, which is independent of Lumion or ACT-3D. As such, the

functionality is dependent on the service and data provided by the operators of the

Open Street Maps service. The BETA status means the OSM functionality in Lumion is

still under development. This Agreement offers ‘as is’ use of OSM free of charge.

Act-3D offers no support and accepts no liability in any form regarding the use of OSM.

Act-3D may discontinue or change the OSM project at any time without any obligation to

compensate license holders.

SOFTWARE FROM THIRD PARTY SUPPLIERS

Act-3D B.V. provides you with software from third parties. The (license) terms

imposed by such third parties in relation to the software shall apply, notwith-

standing any varying provisions in this license agreement. By installing, copying

or using Lumion you agree to be bound to the hereunder mentioned terms im-

posed by those third parties.

 

FFMPEG

Lumion utilises the FFmpeg video application

Copyright (c) 2000-2017 Fabrice Bellard, et al.) for part of the output process.

FFmpeg is free software licensed under the GNU Lesser General Public

License LGPLv2.1

(see: http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html for more details)

FFmpeg is a trademark of Fabrice Bellard, originator of the FFmpeg project.

The source code of FFmpeg and compile information, as used in Lumion, is

included in the installation under /Src/FFmpeg

 

AUTODESK® REALDWG

Lumion includes Autodesk® RealDWG by Autodesk, Inc., Copyright © 1998-

2017 Autodesk, Inc. All rights reserved.

 

FMOD SOUND SYSTEM

Lumion includes the FMOD Sound System, copyright © Firelight Technologies

Pty, Ltd., 1994-2017.

 

CONTENT COPYRIGHT

Certain content in the Model Library of Lumion with third party copyrighted or

trademarked images, logos, brand names, etc., may require additional licensing,

rights, permissions, releases, or clearance for non-editorial use. It is the sole

responsibility of you to determine, before using any content in the Model Library,

whether additional licensing, rights, permissions, releases, or clearance are

necessary for the intended use of content in the Model Library of Lumion.

 

CGTEXTURES

One or more textures on 3D models in the Model Library in Lumion have been

created with images from CGTextures.com. These images may not be redistri-

buted by default. Please visit www.cgtextures.com for more information.

 

OTHER TEXTURES

One or more textures on 3D models in the Model Library in Lumion have been

created with images from http://goodtextures.deviantart.com/

One or more textures on 3D models in the Model Library in Lumion have been

created with images from:

http://goodtextures.deviantart.com/art/White-Marble-Texture-01-150143876

 

FONTS

The following fonts which are embedded in Lumion are licensed under the SIL

Open Font License, version 1.1: Abril, Dosis, Great Vibes, IM Fell, League

Gothic, Libre Baskerville, Lobster and Playfair.

 

The following font which is embedded in Lumion is licensed under the Apache

License, version 2.0 (see http://www.apache.org/licenses/LICENSE-2.0.txt):

Permanent Marker.

 

OPENCV

Copyright (C) 2016, OpenCV Foundation, all rights reserved.

Copyright (C) 2016-17, Itseez Inc., all rights reserved.

 

Redistribution and use in source and binary forms, with or without modification,

are permitted provided that the following conditions are met:

 

* Redistributions of source code must retain the above copyright notice,

this list of conditions and the following disclaimer.

* Redistributions in binary form must reproduce the above copyright notice,

this list of conditions and the following disclaimer in the documentation

and/or other materials provided with the distribution.

* Neither the names of the copyright holders nor the names of the contributors

may be used to endorse or promote products derived from this software

without specific prior written permission.

 

This software is provided by the copyright holders and contributors « as is » and

any express or implied warranties, including, but not limited to, the implied

warranties of merchantability and fitness for a particular purpose are disclaimed.

In no event shall copyright holders or contributors be liable for any direct,

indirect, incidental, special, exemplary, or consequential damages

(including, but not limited to, procurement of substitute goods or services;

loss of use, data, or profits; or business interruption) however caused

and on any theory of liability, whether in contract, strict liability,

or tort (including negligence or otherwise) arising in any way out of

the use of this software, even if advised of the possibility of such damage.

 

CURL

Copyright (c) 1996 – 2016, Daniel Stenberg, daniel@haxx.se, and many

contributors. All rights reserved.

 

Permission to use, copy, modify, and distribute this software for any purpose

with or without fee is hereby granted, provided that the above copyright notice

and this permission notice appear in all copies.

 

THE SOFTWARE IS PROVIDED « AS IS », WITHOUT WARRANTY OF ANY

KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO

EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE

FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN

ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT

OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR

OTHER DEALINGS IN THE SOFTWARE.

 

Except as contained in this notice, the name of a copyright holder shall not

be used in advertising or otherwise to promote the sale, use or other dealings

in this Software without prior written authorization of the copyright holder.

 

OPENSTREETMAP

Lumion uses data from OpenStreetMap which is available under the Open Database

Licence. The terms are available here: www.openstreetmap.org/copyright

Map data © OpenStreetMap contributors.

 

MAPZEN

Lumion uses services provided by MapZen.

Mapzen Vector Tiles include data from OpenStreetMap, Natural Earth, and Who’s

On First. Mapzen Turn-by-Turn and Matrix service include data from OpenStreetMap,

British Oceanographic Data Centre, NASA, USGS, and Transitland. Mapzen Search

includes data from OpenStreetMap, GeoNames, OpenAddresses, and Who’s On First.

Mapzen Elevation Service includes data from British Oceanographic Data Centre,

NASA, USGS, and NOAA.

 

WHO’S ON FIRST

Lumion uses data from Who’s On First. License:

http://whosonfirst.mapzen.com/#License

Who’s On First includes data from several sources, including GeoNames,

GeoPlanet (Where on Earth), Natural Earth, OurAirports, Quattroshapes,

Zetashapes, and others.

 

LIBTESS2

Lumion uses Libtess2: https://github.com/memononen/libtess2

It is licensed under the SGI Free Software License B (V2.0, Sept. 18, 2008).

Copyright (C) Silicon Graphics, Inc. All Rights Reserved. Permission is hereby

granted, free of charge, to any person obtaining a copy of this software and

associated documentation files (the « Software »), to deal in the Software without

restriction, including without limitation the rights to use, copy, modify,

merge, publish, distribute, sublicense, and/or sell copies of the Software, and

to permit persons to whom the Software is furnished to do so.

Link to license: http://oss.sgi.com/projects/FreeB/

 

THE SOFTWARE IS PROVIDED « AS IS », WITHOUT WARRANTY OF ANY KIND,

EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES

OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND

NONINFRINGEMENT. IN NO EVENT SHALL SILICON GRAPHICS, INC. BE

LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN

ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR

IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS

IN THE SOFTWARE.

 

CLIPPER

Lumion uses Clipper: http://www.angusj.com/delphi/clipper.php

It is licensed under the Boost Software License (V1.0, Aug. 17, 2003).

 

Permission is hereby granted, free of charge, to any person or organization

obtaining a copy of the software and accompanying documentation covered by

this license (the « Software ») to use, reproduce, display, distribute,

execute, and transmit the Software, and to prepare derivative works of the

Software, and to permit third-parties to whom the Software is furnished to

do so, all subject to the following:

 

The copyright notices in the Software and this entire statement, including

the above license grant, this restriction and the following disclaimer,

must be included in all copies of the Software, in whole or in part, and

all derivative works of the Software, unless such copies or derivative

works are solely in the form of machine-executable object code generated by

a source language processor.

 

THE SOFTWARE IS PROVIDED « AS IS », WITHOUT WARRANTY OF ANY KIND,

EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES

OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND

NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR

ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR

OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE,

ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR

THE USE OR OTHER DEALINGS IN THE SOFTWARE.

 

 

4.EULA For Users of Act-3D Individual Lumion Pro Student Licenses

 

Applicability of EULA

This EULA is applicable to Educational Licenses that are licensed to

Individual Students of full-time post-secondary education.

These licenses are not available in all countries.

 

IMPORTANT READ CAREFULLY: This End-User License Agreement (« EULA »)

is a legal agreement between you and

Act-3D for the Act-3D software that accompanies this EULA, which includes

associated media and Act-3D Internet-based services (« Software »). An amend-

ment or addendum to this EULA may accompany the Software.

 

YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING,

COPYING, OR USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT

INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO

YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.

 

DEFINITIONS

1. « Lumion » is the program supplied by Act-3D B.V. herewith, and any and all

updates thereto. To see the Lumion specifications, please use the following link

http://lumion.com/specifications.html.

2. « Lumion Project » means an output file generated by you using Lumion.

Examples of Lumion Projects include movies, presentations, demonstration files,

interactive multimedia material, interactive entertainment products and the like.

3. MyLumion is a service that can host 360 degree panorama views, renderings and

links to YouTube videos on MyLumion.com.

4. OpenStreetMap is a BETA version of a service that can download city/terrain data

for 3D models.

 

LICENSE ELIGIBILITY

1. Eligibility for an individual student license can be found at lumion.com.

2. Students in some countries are eligible for an individual student version.

Students in countries that are not eligible are also by implication not eligible.

3. Individual applicants for this license must submit proof of having current

status as a full-time student in post-secondary education. In some regions,

Act-3D may employ the third party services of ‘SheerID’, to verify student

enrolment. If instant verification is not available, documentation is required,

which as a minimum could include, a copy of a student identity pass.

4. Students on part-time courses are not eligible.

5. Licenses are valid for a specified term, nominally 365 days after application,

after which the license will expire. Renewal of the license will require

re-application. If the student is still eligible, the student can apply for

a renewal. Act-3D allows for a maximum of 5 renewals.

 

GRANT OF LICENSE

This license allows you to:

1. Install and use Lumion on multiple computers and make copies of Lumion in

machine-readable form for backup purposes, provided the number of concurrent

users does not exceed the number of Lumion licenses purchased or granted by

Act-3D. You must reproduce on any such copy all copyright notices and any other

proprietary legends on the original copy of Lumion. It is illegal to make installed

copies of Lumion or the Lumion installation files available to the public,

for example via file hosting websites.

2. Install Lumion on a storage device, such as a network server, and run

Lumion on an internal network, provided the number of concurrent users does

not exceed the number of Lumion licenses purchased. A copy of Lumion must

be purchased for each concurrent user.

3. Make copies of a « Lumion Project », and distribute those copies for use by

yourself, other students or educators involved in said project.

 

LICENSE RESTRICTIONS

Other than as set forth under « Grant of License », you may not make or distribute

copies of Lumion, or electronically transfer Lumion from one computer to

another or over a network. You may not rent, lease or sublicense Lumion.

You may not modify Lumion or create derivative works based upon Lumion.

 

It is NOT allowed to make installed copies of Lumion or the Lumion installation

files available to anyone other than yourself either via private means such as

email or public means, such as web-hosting.

 

Lumion Pro Student may not be used for commercial purposes, for this reason

the file extension is different to that of the commercial version and projects

files will therefore not be interchangeable. Act-3D reserves the right to

deactivate the license at any time if misuse is suspected or for any other reason.

 

The watermark present on outputs rendered using the Lumion Pro Student version,

whether through rendering or via a screenshot, may not under any circumstance be

removed. Act-3D reserves the right to restrict the availability of features

within the student version in comparison to what is available in the commercial

version.

 

HARDWARE REQUIREMENTS

Lumion runs on a Windows operating system and needs internet access over

HTTP to the license server of Act-3D B.V. You are responsible for selecting

the appropriate resources, including hardware and internet access, and for

ensuring that these are available in full and in a timely manner. Act-3D B.V.

will under no circumstances be liable for losses or costs arising as a

result of transmission errors, breakdowns or the non-availability of these

facilities. To see the detailed hardware requirements please use the

following link: http://lumion.com/faq/#hardware.

 

PRIVACY

By installing this copy of Lumion you accept that Lumion sends infor-

mation like computer name and hardware specifications to Act­3D B.V. servers

with the purpose of verifying validity of your license.

By installing this copy of Lumion you also accept that Lumion sends test results and

hardware specifications to Act­3D B.V. servers with the purpose of further

improving the future development of Lumion. This information will be used to create

estimates of performance of different hardware and to improve hardware compa-

tibility.

Lumion uses a floating license system and licenses are activated/de-activated

on the Act-3D license servers. In order to maintain the activation status of

Lumion licenses (active or inactive), Act-3D stores activation/de-activation data

in a database. Act-3D also reserves the right to use this data for analytical pur-

poses, such as usage statistics, and to gather extra data for the Lumion Student

Pro version to, verify legal and proper usage. This data is also available to

authorized Act-3D sales partners.

 

OWNERSHIP

The foregoing license gives you limited rights to use Lumion, only for the inten-

ded use. Although you own the media on which Lumion is recorded, you do not

become the owner of, and Act-3D retains title to, Lumion, the Lumion Viewer

(supplied with Lumion Pro), and all copies thereof. All intellectual property

rights to the software shall remain exclusively vested in Act-3D B.V., its licensors

or its own suppliers. You only acquire those rights of use that are explicitly

granted in this license agreement and by law. Any rights of use granted to

you shall be non-exclusive, non-transferable to third parties and

non-sublicensable. You shall not be permitted to remove or amend any

details in relation to the confidential nature or in relation to copyrights, brand

names, trade names or any other intellectual property right from the

software. Act-3D reserves the right to invalidate a student license at any

given moment if any doubt arises concerning the validity of student enrollment.

 

SUPPORT

Technical support options can be found on the Lumion support page:

http://lumion.com/support.

Once you receive your Lumion license, you can register an account on the

Lumion forum, available via the Lumion website. This offers you access to

the licensed section of the support forum of Act-3D B.V. The support forum

is maintained by professional Lumion Support Staff members who answer

technical questions about Lumion. Individual student license holders will be

supported where it can be reasonably expected, however support for this license

type is not guaranteed and will receive a lower priority than that for

commercial licenses.

 

UPDATE AND UPGRADE POLICY

Act-3D B.V. regularly releases updates with fixes, changes and added

functionality for commercial versions of Lumion, however these updates and

upgrades are not guaranteed to be available in the individual student version

of Lumion. Act-3D reserves the right to discontinue the student version.

In this event Act-3D may decide to invalidate active student licenses.

 

LIMITED WARRANTIES

Act-3D B.V. warrants that, for a period of ninety (90) days from the date of

delivery (as evidenced by a copy of your receipt, when used with a recommended

hardware configuration), Lumion will perform in substantial conformance with the

documentation supplied with, when used with a recommended hardware configuration,

Lumion will perform in substantial conformance with the documentation

supplied with the product specifications supplied on the Lumion pro-

duct website (http://lumion.com/products/). Except as set forth in the foregoing

limited warranty, Act-3D B.V. disclaims all other warranties or conditions, either

express or implied, including the warranties or conditions of merchantability, fit-

ness for a particular purpose and non infringement. If applicable law implies any

warranties with respect to Lumion, all such warranties are limited in duration to

ninety (90) days from the date of delivery. No oral or written information or advice

given by Act-3D B.V., its dealers, distributors, agents or employees shall create

a warranty or in any way increase the scope of this warranty. You will be responsible

for the use of Lumion and the manner in which the results obtained through the

use of the software are used, Act-3D B.V. shall not be responsible for checking

the accuracy and completeness of Lumion and the data generated through the

use of the service. Act-3D B.V. shall have no responsibility if Lumion has been

altered in any way, if the media has been damaged by accident, abuse or mis-

application, or if the failure arises out of use of Lumion with other than a recom-

mended hardware configuration.

 

LIMITATIONS OF DAMAGES

The total liability of Act-3D B.V. due to an attributable failure to perform this

license agreement or due to any other reason, explicitly including any failure to

comply with a guarantee obligation agreed with you, shall be limited to compen-

sation of the direct damages or loss not exceeding the sum of 250 U.S. dollars.

The liability of Act-3D B.V. for indirect damages or loss, resulting loss, loss of

profit, loss of savings, reduced goodwill, loss due to business interruption, loss

as a result of claims from your customers, shall be excluded. The liability of

Act-3D B.V. due to the scrambling, destruction or loss of data or documents

shall also be excluded. The liability of Act-3D B.V. for loss as a result of death,

physical injury or due to material damage to items shall under no circumstances

exceed € 1.250.000,–.

 

BASIS OF BARGAIN

The limited warranty, exclusive remedies and limited liability set forth above are

fundamental elements of the basis of the agreement between Act-3D B.V. and

you. Act-3D B.V. would not be able to provide Lumion on an economic basis

without such limitations.

 

GENERAL

This Agreement shall be governed by Dutch law. The applicability of the Conven-

tion on Contracts for the International Sale of Goods 1980 is excluded. Any

disputes that may arise on the basis of this license agreement, shall be settled

by the District Court of The Hague, the Netherlands.This Agreement contains the

complete agreement between the parties with respect to the subject matter

hereof, and supersedes all prior or contemporaneous agreements or under-

standings, whether oral or written. All questions concerning this Agreement shall

be directed to: Act-3D B.V., Veerpolder 2a, 2361 KV, Warmond,  The Netherlands.

 

MYLUMION

MYLumion is functionality which allows projects to be uploaded from Lumion and

stored on a ‘MYLumion’ online domain. Certain conditions apply to this

functionality.

1. MYLumion is supplied on a ‘best effort’ basis, meaning that

MYLumion project data is backed  up on multiple servers but no specific

performance guarantees can be provided for the following reasons:

a) Availability depends on services provided by the relevant internet storage

operators. The  of the functionality is determined by these providers and is

less than 100%.

b) In countries or regions with restricted or unreliable internet access, the

MYLumion website domain might not be accessible.

2. Storage time for projects on MYLumion

is a minimum of 1 year, from the time the MYLumion project was created.

3. MYLumion is provided on a ‘fair use’ basis. This means that a maximum

of 10 panorama projects and 10 image projects can be in use at any one time.

It also means that if more

projects are uploaded, the older projects (both Panorama and Image projects)

will be removed automatically from the relevant MYLumion account.

4. The usage data of projects is logged in a Lumion database and may be used

for usage analysis reasons.

Projects are available via a randomly generated unique link.

5. Projects are not password protected.

 

 

UPLOAD TO YOUTUBE

It is possible to upload video (animation) outputs directly to Youtube from Lumion.

This functionality is dependent on third-party factors outside the functionality of

Lumion and for which Act-3D cannot offer any guarantees, support or compensation.

Such factors include:

1. Youtube upload protocol and API version can change suddenly and

independently of Act-3D, with the potential loss of Lumion functionality.

2. Availability of Youtube in specific organisations, regions or countries.

In some organisations, regions and countries, access to Youtube is restricted

or forbidden. In these circumstances, the Youtube upload functionality is

not available.

 

OPEN STREET MAPS (OSM) BETA FUNCTIONALITY

Act-3D has made a BETA version of Open Street Maps (OSM) functionality available since

Lumion version 7.0. This makes use of the online ‘Open Street Maps’ service which is

provided by a third party, which is independent of Lumion or ACT-3D. As such, the

functionality is dependent on the service and data provided by the operators of the

Open Street Maps service. The BETA status means the OSM functionality in Lumion is

still under development. This Agreement offers ‘as is’ use of OSM free of charge.

Act-3D offers no support and accepts no liability in any form regarding the use of OSM.

Act-3D may discontinue or change the OSM project at any time without any obligation to

compensate license holders.

 

SOFTWARE FROM THIRD PARTY SUPPLIERS

Act-3D B.V. provides you with software from third parties. The (license) terms

imposed by such third parties in relation to the software shall apply, notwith-

standing any varying provisions in this license agreement. By installing, copying

or using Lumion you agree to be bound to the hereunder mentioned terms im-

posed by those third parties.

 

FFMPEG

Lumion utilises the FFmpeg video application

Copyright (c) 2000-2017 Fabrice Bellard, et al.) for part of the output process.

FFmpeg is free software licensed under the GNU Lesser General Public

License LGPLv2.1

(see: http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html for more details)

FFmpeg is a trademark of Fabrice Bellard, originator of the FFmpeg project.

The source code of FFmpeg and compile information, as used in Lumion, is

included in the installation under /Src/FFmpeg

 

AUTODESK® REALDWG

Lumion includes Autodesk® RealDWG by Autodesk, Inc., Copyright © 1998-

2017 Autodesk, Inc. All rights reserved.

 

FMOD SOUND SYSTEM

Lumion includes the FMOD Sound System, copyright © Firelight Technologies

Pty, Ltd., 1994-2017.

 

CONTENT COPYRIGHT

Certain content in the Model Library of Lumion with third party copyrighted or

trademarked images, logos, brand names, etc., may require additional licensing,

rights, permissions, releases, or clearance for non-editorial use. It is the sole

responsibility of you to determine, before using any content in the Model Library,

whether additional licensing, rights, permissions, releases, or clearance are

necessary for the intended use of content in the Model Library of Lumion.

 

CGTEXTURES

One or more textures on 3D models in the Model Library in Lumion have been

created with images from CGTextures.com. These images may not be redistri-

buted by default. Please visit www.cgtextures.com for more information.

 

OTHER TEXTURES

One or more textures on 3D models in the Model Library in Lumion have been

created with images from http://goodtextures.deviantart.com/

One or more textures on 3D models in the Model Library in Lumion have been

created with images from:

http://goodtextures.deviantart.com/art/White-Marble-Texture-01-150143876

 

FONTS

The following fonts which are embedded in Lumion are licensed under the SIL

Open Font License, version 1.1: Abril, Dosis, Great Vibes, IM Fell, League

Gothic, Libre Baskerville, Lobster and Playfair.

 

The following font which is embedded in Lumion is licensed under the Apache

License, version 2.0 (see http://www.apache.org/licenses/LICENSE-2.0.txt):

Permanent Marker.

 

OPENCV

Copyright (C) 2016, OpenCV Foundation, all rights reserved.

Copyright (C) 2016-17, Itseez Inc., all rights reserved.

 

Redistribution and use in source and binary forms, with or without modification,

are permitted provided that the following conditions are met:

 

* Redistributions of source code must retain the above copyright notice,

this list of conditions and the following disclaimer.

* Redistributions in binary form must reproduce the above copyright notice,

this list of conditions and the following disclaimer in the documentation

and/or other materials provided with the distribution.

* Neither the names of the copyright holders nor the names of the contributors

may be used to endorse or promote products derived from this software

without specific prior written permission.

 

This software is provided by the copyright holders and contributors « as is » and

any express or implied warranties, including, but not limited to, the implied

warranties of merchantability and fitness for a particular purpose are disclaimed.

In no event shall copyright holders or contributors be liable for any direct,

indirect, incidental, special, exemplary, or consequential damages

(including, but not limited to, procurement of substitute goods or services;

loss of use, data, or profits; or business interruption) however caused

and on any theory of liability, whether in contract, strict liability,

or tort (including negligence or otherwise) arising in any way out of

the use of this software, even if advised of the possibility of such damage.

 

CURL

Copyright (c) 1996 – 2016, Daniel Stenberg, daniel@haxx.se, and many

contributors. All rights reserved.

 

Permission to use, copy, modify, and distribute this software for any purpose

with or without fee is hereby granted, provided that the above copyright notice

and this permission notice appear in all copies.

 

THE SOFTWARE IS PROVIDED « AS IS », WITHOUT WARRANTY OF ANY

KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO

EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE

FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN

ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT

OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR

OTHER DEALINGS IN THE SOFTWARE.

 

Except as contained in this notice, the name of a copyright holder shall not

be used in advertising or otherwise to promote the sale, use or other dealings

in this Software without prior written authorization of the copyright holder.

 

OPENSTREETMAP

Lumion uses data from OpenStreetMap which is available under the Open Database

Licence. The terms are available here: www.openstreetmap.org/copyright

Map data © OpenStreetMap contributors.

 

MAPZEN

Lumion uses services provided by MapZen.

Mapzen Vector Tiles include data from OpenStreetMap, Natural Earth, and Who’s

On First. Mapzen Turn-by-Turn and Matrix service include data from OpenStreetMap,

British Oceanographic Data Centre, NASA, USGS, and Transitland. Mapzen Search

includes data from OpenStreetMap, GeoNames, OpenAddresses, and Who’s On First.

Mapzen Elevation Service includes data from British Oceanographic Data Centre,

NASA, USGS, and NOAA.

 

WHO’S ON FIRST

Lumion uses data from Who’s On First. License:

http://whosonfirst.mapzen.com/#License

Who’s On First includes data from several sources, including GeoNames,

GeoPlanet (Where on Earth), Natural Earth, OurAirports, Quattroshapes,

Zetashapes, and others.

 

LIBTESS2

Lumion uses Libtess2: https://github.com/memononen/libtess2

It is licensed under the SGI Free Software License B (V2.0, Sept. 18, 2008).

Copyright (C) Silicon Graphics, Inc. All Rights Reserved. Permission is hereby

granted, free of charge, to any person obtaining a copy of this software and

associated documentation files (the « Software »), to deal in the Software without

restriction, including without limitation the rights to use, copy, modify,

merge, publish, distribute, sublicense, and/or sell copies of the Software, and

to permit persons to whom the Software is furnished to do so.

Link to license: http://oss.sgi.com/projects/FreeB/

 

THE SOFTWARE IS PROVIDED « AS IS », WITHOUT WARRANTY OF ANY KIND,

EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES

OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND

NONINFRINGEMENT. IN NO EVENT SHALL SILICON GRAPHICS, INC. BE

LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN

AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF

OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS

IN THE SOFTWARE.

 

CLIPPER

Lumion uses Clipper: http://www.angusj.com/delphi/clipper.php

It is licensed under the Boost Software License (V1.0, Aug. 17, 2003).

 

Permission is hereby granted, free of charge, to any person or organization

obtaining a copy of the software and accompanying documentation covered by

this license (the « Software ») to use, reproduce, display, distribute,

execute, and transmit the Software, and to prepare derivative works of the

Software, and to permit third-parties to whom the Software is furnished to

do so, all subject to the following:

 

The copyright notices in the Software and this entire statement, including

the above license grant, this restriction and the following disclaimer,

must be included in all copies of the Software, in whole or in part, and

all derivative works of the Software, unless such copies or derivative

works are solely in the form of machine-executable object code generated by

a source language processor.

 

THE SOFTWARE IS PROVIDED « AS IS », WITHOUT WARRANTY OF ANY KIND,

EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES

OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND

NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR

ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR

OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE,

ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR

THE USE OR OTHER DEALINGS IN THE SOFTWARE.

 

5. EULA For Users of Act-3D ‘Not-for-Resale’ (NFR) Licenses

 

Applicability of EULA

This EULA is applicable to Not-For-Resale (NFR) licenses of Lumion.

 

IMPORTANT READ CAREFULLY: This End-User License Agreement (« EULA »)

is a legal agreement between you (either an individual or a single entity) and

Act-3D for the Act-3D software that accompanies this EULA, which includes

associated media and Act-3D Internet-based services (« Software »). An amend-

ment or addendum to this EULA may accompany the Software.

 

YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING,

COPYING, OR USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL,

COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE

OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.

 

DEFINITIONS

1. « Lumion » is the program supplied by Act-3D B.V. herewith, and any and all

updates thereto. To see the Lumion specifications, please use the following link

http://lumion.com/specifications.html.

2. « Lumion Project » means an output file generated by you using Lumion.

Examples of Lumion Projects include movies, presentations, demonstration files,

interactive multimedia material, interactive entertainment products and the like.

3. MyLumion is a service that can host 360 degree panorama views, renderings and

links to YouTube videos on MyLumion.com.

4. OpenStreetMap is a BETA version of a service that can download city/terrain data

for 3D models.

 

GRANT OF LICENSE

This license allows you to:

1. Install and use Lumion on multiple computers and make copies of Lumion in

machine-readable form for backup purposes, provided the number of concurrent

users does not exceed the number of Lumion licenses purchased or granted by Act-3D.

You must reproduce on any such copy all copyright notices and any other proprietary

legends on the original copy of Lumion. It is illegal to make installed copies of Lumion

or the Lumion installation files available to the public, for example via file hosting

websites.

2. Install Lumion on a storage device, such as a network server, and run

Lumion on an internal network, provided the number of concurrent users does

not exceed the number of Lumion licenses purchased. A copy of Lumion must

be purchased for each such user.

3. Make copies of a « Lumion Project », and distribute those copies for use by

yourself or personnel employed by you, or by another party.

 

LICENSE RESTRICTIONS

Other than as set forth under « Grant of License », you may not make or distribute

copies of Lumion, or electronically transfer Lumion from one computer to

another or over a network. You may not rent, lease or sub-license Lumion.

You may not modify Lumion or create derivative works based upon Lumion.

The NFR version of Lumion may not be sold by the person to which it was issued or

any other person.

 

Unless explicitly, in writing, permitted by an authorized  representative of

Act-3D, a NFR license is for personal use and does not allow you to create

Commercial outputs, i.e. Outputs which are used in a situation where an

implicit or explicit monetary value could be assigned to that output.

 

 

HARDWARE REQUIREMENTS

Lumion runs on a Windows operating system and needs internet access over

HTTP to the license server of Act-3D B.V. You are responsible for selecting

the appropriate resources, including hardware and internet access, and for

ensuring that these are available in full and in a timely manner. Act-3D B.V.

will under no circumstances be liable for losses or costs arising as a result

of transmission errors, breakdowns or the non-availability of these facilities.

To see the detailed hardware requirements please use the following

link: http://lumion.com/faq/#hardware.

 

PRIVACY

By installing this copy of Lumion you accept that Lumion sends infor-

mation like computer name and hardware specifications to Act­3D B.V. servers

with the purpose of verifying validity of your license.

By installing this copy of Lumion you also accept that Lumion sends test results and

hardware specifications to Act­3D B.V. servers with the purpose of further

improving the future development of Lumion. This information will be used to create

estimates of performance of different hardware and to improve hardware compa-

tibility.

Lumion uses a floating license system and licenses are activated/de-activated

on the Act-3D license servers. In order to maintain the activation status of

Lumion licenses (active or inactive), Act-3D stores activation/de-activation data

in a database. Act-3D also reserves the right to use this data for analytical pur-

poses, such as usage statistics. These data may also be made available to authorized

Act-3D sales partners.

 

OWNERSHIP

The foregoing license gives you limited rights to use Lumion, only for the inten-

ded use. NFR licenses are issued at the discretion of Act-3D and as a result, the

recipient is temporarily the owner of the right to use Lumion until the point at

which the NFR license validity is revoked. This can occur at any moment at the

discretion of Act-3D.

 

Although you own the media on which Lumion is recorded, you do not

become the owner of, and Act-3D retains title to, Lumion, the Lumion Viewer

(supplied with Lumion Pro), and all copies thereof. All intellectual property rights

to the software shall remain exclusively vested in Act-3D B.V., its licensors or its

own suppliers. You only acquire those rights of use that are explicitly granted in

this license agreement and by law. Any rights of use granted to you shall be

non-exclusive, non-transferable to third parties and non-sublicensable.

You shall not be permitted to remove or amend any details in relation to the

confidential nature or in relation to copyrights, brand names, trade names or

any other intellectual property right from the software.

 

SUPPORT

Technical support options can be found on the Lumion support page:

http://lumion.com/support.

Once you receive your Lumion license, you can register an account on the

Lumion forum, available via the Lumion website. This offers you access to the

licensed section of the support forum of Act-3D B.V. The support forum is

maintained by professional Lumion Support Staff members who answer

technical questions about Lumion.

 

UPDATE AND UPGRADE POLICY

Act-3D B.V. regularly releases updates with fixes, changes and added

functionality. As a Lumion user with a valid Lumion NFR license, you will

receive access to the most up-to-date version of Lumion.

 

LIMITED WARRANTIES

Act-3D B.V. warrants that, for a period of ninety (90) days from the date of

delivery (as evidenced by a copy of your receipt, when used with a recommended

hardware configuration, Lumion will perform in substantial conformance with the

documentation supplied with when used with a recommended hardware configuration,

Lumion will perform in substantial conformance with the documentation

supplied with Lumion the product specifications supplied on the Lumion pro-

duct website (http://lumion.com/products/). Except as set forth in the foregoing

limited warranty, Act-3D B.V. disclaims all other warranties or conditions, either

express or implied, including the warranties or conditions of merchantability, fit-

ness for a particular purpose and non infringement. If applicable law implies any

warranties with respect to Lumion, all such warranties are limited in duration to

ninety (90) days from the date of delivery. No oral or written information or advice

given by Act-3D B.V., its dealers, distributors, agents or employees shall create

a warranty or in any way increase the scope of this warranty. You will responsible

for the use of Lumion and the manner in which the results obtained through the

use of the software are used, Act-3D B.V. shall not be responsible for checking

the accuracy and completeness of Lumion and the data generated through the

use of the service. Act-3D B.V. shall have no responsibility if Lumion has been

altered in any way, if the media has been damaged by accident, abuse or mis-

application, or if the failure arises out of use of Lumion with other than a recom-

mended hardware configuration.

 

LIMITATIONS OF DAMAGES

The total liability of Act-3D B.V. due to an attributable failure to perform this

license agreement or due to any other reason, explicitly including any failure to

comply with a guarantee obligation agreed with you, shall be limited to compen-

sation of the direct damages or loss not exceeding the sum of 250 U.S. dollars.

The liability of Act-3D B.V. for indirect damages or loss, resulting loss, loss of

profit, loss of savings, reduced goodwill, loss due to business interruption, loss

as a result of claims from your customers, shall be excluded. The liability of

Act-3D B.V. due to the scrambling, destruction or loss of data or documents

shall also be excluded. The liability of Act-3D B.V. for loss as a result of death,

physical injury or due to material damage to  items shall under no circumstances

exceed € 1.250.000,–.

 

BASIS OF BARGAIN

The limited warranty, exclusive remedies and limited liability set forth above are

fundamental elements of the basis of the agreement between Act-3D B.V. and

you. Act-3D B.V. would not be able to provide Lumion on an economic basis

without such limitations.

 

GENERAL

This Agreement shall be governed by  Dutch law. The applicability of the Conven-

tion on Contracts for the International Sale of Goods 1980 is excluded. Any

disputes that may arise on the basis of this license agreement, shall be settled

by the District Court of The Hague, the Netherlands.This Agreement contains the

complete agreement between the parties with respect to the subject matter

hereof, and supersedes all prior or contemporaneous agreements or under-

standings, whether oral or written. All questions concerning this Agreement shall

be directed to: Act-3D B.V., Veerpolder 2a, 2361 KV, Warmond, The Netherlands.

 

MYLUMION

MYLumion is functionality which allows projects to be uploaded from Lumion and

stored on a ‘MYLumion’ online domain. Certain conditions apply to this

functionality.

1. MYLumion is supplied on a ‘best effort’ basis, meaning that

MYLumion project data is backed  up on multiple servers but no specific

performance guarantees can be provided for the following reasons:

a) Availability depends on services provided by the relevant internet storage

operators. The reliability of the functionality is determined by these providers

and is less than 100%.

b) In countries or regions with restricted or unreliable internet access, the

MYLumion website domain might not be accessible.

2. Storage time for projects on MYLumion

is a minimum of 1 year, from the time the MYLumion project was created.

3. MYLumion is provided on a ‘fair use’ basis. This means that a maximum

of 10 panorama projects and 10 image projects can be in use at any one time.

It also means that if more

projects are uploaded, the older projects (both Panorama and Image projects)

will be removed automatically from the relevant MYLumion account.

4. The usage data of projects is logged in a Lumion database and may be used

for usage analysis reasons.

Projects are available via a randomly generated unique link.

5. Projects are not password protected.

 

UPLOAD TO YOUTUBE

It is possible to upload video (animation) outputs directly to Youtube from Lumion.

This functionality is dependent on third-party factors outside the functionality of

Lumion and for which Act-3D cannot offer any guarantees, support or compensation.

Such factors include:

1. Youtube upload protocol and API version can change suddenly and

independently of Act-3D, with the potential loss of Lumion functionality.

2. Availability of Youtube in specific organisations, regions or countries.

In some organisations, regions and countries, access to Youtube is restricted

or forbidden. In these circumstances, the Youtube upload functionality is

not available.

 

OPEN STREET MAPS (OSM) BETA FUNCTIONALITY

Act-3D has made a BETA version of Open Street Maps (OSM) functionality available since

Lumion version 7.0. This makes use of the online ‘Open Street Maps’ service which is

provided by a third party, which is independent of Lumion or ACT-3D. As such, the

functionality is dependent on the service and data provided by the operators of the

Open Street Maps service. The BETA status means the OSM functionality in Lumion is

still under development. This Agreement offers ‘as is’ use of OSM free of charge.

Act-3D offers no support and accepts no liability in any form regarding the use of OSM.

Act-3D may discontinue or change the OSM project at any time without any obligation to

compensate license holders.

SOFTWARE FROM THIRD PARTY SUPPLIERS

Act-3D B.V. provides you with software from third parties. The (license) terms

imposed by such third parties in relation to the software shall apply, notwith-

standing any varying provisions in this license agreement. By installing, copying

or using Lumion you agree to be bound to the hereunder mentioned terms im-

posed by those third parties.

 

FFMPEG

Lumion utilises the FFmpeg video application

Copyright (c) 2000-2017 Fabrice Bellard, et al.) for part of the output process.

FFmpeg is free software licensed under the GNU Lesser General Public

License LGPLv2.1

(see: http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html for more details)

FFmpeg is a trademark of Fabrice Bellard, originator of the FFmpeg project.

The source code of FFmpeg and compile information, as used in Lumion, is

included in the installation under /Src/FFmpeg

 

AUTODESK® REALDWG

Lumion includes Autodesk® RealDWG by Autodesk, Inc., Copyright © 1998-

2017 Autodesk, Inc. All rights reserved.

 

FMOD SOUND SYSTEM

Lumion includes the FMOD Sound System, copyright © Firelight Technologies

Pty, Ltd., 1994-2017.

 

CONTENT COPYRIGHT

Certain content in the Model Library of Lumion with third party copyrighted or

trademarked images, logos, brand names, etc., may require additional licensing,

rights, permissions, releases, or clearance for non-editorial use. It is the sole

responsibility of you to determine, before using any content in the Model Library,

whether additional licensing, rights, permissions, releases, or clearance are

necessary for the intended use of content in the Model Library of Lumion.

 

CGTEXTURES

One or more textures on 3D models in the Model Library in Lumion have been

created with images from CGTextures.com. These images may not be redistri-

buted by default. Please visit www.cgtextures.com for more information.

 

OTHER TEXTURES

One or more textures on 3D models in the Model Library in Lumion have been

created with images from http://goodtextures.deviantart.com/

One or more textures on 3D models in the Model Library in Lumion have been

created with images from:

http://goodtextures.deviantart.com/art/White-Marble-Texture-01-150143876

 

FONTS

The following fonts which are embedded in Lumion are licensed under the SIL

Open Font License, version 1.1: Abril, Dosis, Great Vibes, IM Fell, League

Gothic, Libre Baskerville, Lobster and Playfair.

 

The following font which is embedded in Lumion is licensed under the Apache

License, version 2.0 (see http://www.apache.org/licenses/LICENSE-2.0.txt):

Permanent Marker.

 

OPENCV

Copyright (C) 2016, OpenCV Foundation, all rights reserved.

Copyright (C) 2016-17, Itseez Inc., all rights reserved.

 

Redistribution and use in source and binary forms, with or without modification,

are permitted provided that the following conditions are met:

 

* Redistributions of source code must retain the above copyright notice,

this list of conditions and the following disclaimer.

* Redistributions in binary form must reproduce the above copyright notice,

this list of conditions and the following disclaimer in the documentation

and/or other materials provided with the distribution.

* Neither the names of the copyright holders nor the names of the contributors

may be used to endorse or promote products derived from this software

without specific prior written permission.

 

This software is provided by the copyright holders and contributors « as is » and

any express or implied warranties, including, but not limited to, the implied

warranties of merchantability and fitness for a particular purpose are disclaimed.

In no event shall copyright holders or contributors be liable for any direct,

indirect, incidental, special, exemplary, or consequential damages

(including, but not limited to, procurement of substitute goods or services;

loss of use, data, or profits; or business interruption) however caused

and on any theory of liability, whether in contract, strict liability,

or tort (including negligence or otherwise) arising in any way out of

the use of this software, even if advised of the possibility of such damage.

 

CURL

Copyright (c) 1996 – 2016, Daniel Stenberg, daniel@haxx.se, and many

contributors. All rights reserved.

 

Permission to use, copy, modify, and distribute this software for any purpose

with or without fee is hereby granted, provided that the above copyright notice

and this permission notice appear in all copies.

 

THE SOFTWARE IS PROVIDED « AS IS », WITHOUT WARRANTY OF ANY

KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IN NO

EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE

FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN

ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT

OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR

OTHER DEALINGS IN THE SOFTWARE.

 

Except as contained in this notice, the name of a copyright holder shall not

be used in advertising or otherwise to promote the sale, use or other dealings

in this Software without prior written authorization of the copyright holder.

 

OPENSTREETMAP

Lumion uses data from OpenStreetMap which is available under the Open Database

Licence. The terms are available here: www.openstreetmap.org/copyright

Map data © OpenStreetMap contributors.

 

MAPZEN

Lumion uses services provided by MapZen.

Mapzen Vector Tiles include data from OpenStreetMap, Natural Earth, and Who’s

On First. Mapzen Turn-by-Turn and Matrix service include data from OpenStreetMap,

British Oceanographic Data Centre, NASA, USGS, and Transitland. Mapzen Search

includes data from OpenStreetMap, GeoNames, OpenAddresses, and Who’s On First.

Mapzen Elevation Service includes data from British Oceanographic Data Centre,

NASA, USGS, and NOAA.

 

WHO’S ON FIRST

Lumion uses data from Who’s On First. License:

http://whosonfirst.mapzen.com/#License

Who’s On First includes data from several sources, including GeoNames,

GeoPlanet (Where on Earth), Natural Earth, OurAirports, Quattroshapes,

Zetashapes, and others.

 

LIBTESS2

Lumion uses Libtess2: https://github.com/memononen/libtess2

It is licensed under the SGI Free Software License B (V2.0, Sept. 18, 2008).

Copyright (C) Silicon Graphics, Inc. All Rights Reserved. Permission is hereby

granted, free of charge, to any person obtaining a copy of this software and

associated documentation files (the « Software »), to deal in the Software without

restriction, including without limitation the rights to use, copy, modify,

merge, publish, distribute, sublicense, and/or sell copies of the Software, and

to permit persons to whom the Software is furnished to do so.

Link to license: http://oss.sgi.com/projects/FreeB/

 

THE SOFTWARE IS PROVIDED « AS IS », WITHOUT WARRANTY OF ANY KIND,

EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES

OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND

NONINFRINGEMENT. IN NO EVENT SHALL SILICON GRAPHICS, INC. BE

LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN

AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF

OR IN CONNECTIONWITH THE SOFTWARE OR THE USE OR OTHER DEALINGS

IN THE SOFTWARE.

 

CLIPPER

Lumion uses Clipper: http://www.angusj.com/delphi/clipper.php

It is licensed under the Boost Software License (V1.0, Aug. 17, 2003).

 

Permission is hereby granted, free of charge, to any person or organization

obtaining a copy of the software and accompanying documentation covered by

this license (the « Software ») to use, reproduce, display, distribute,

execute, and transmit the Software, and to prepare derivative works of the

Software, and to permit third-parties to whom the Software is furnished to

do so, all subject to the following:

 

The copyright notices in the Software and this entire statement, including

the above license grant, this restriction and the following disclaimer,

must be included in all copies of the Software, in whole or in part, and

all derivative works of the Software, unless such copies or derivative

works are solely in the form of machine-executable object code generated by

a source language processor.

 

THE SOFTWARE IS PROVIDED « AS IS », WITHOUT WARRANTY OF ANY KIND,

EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES

OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE

AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR

ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR

OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING

FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR

OTHER DEALINGS IN THE SOFTWARE.