Hiber3D Development Kit End User License Agreement

This agreement (“Agreement”) is made between Hiber AB, a company incorporated under the laws of Sweden, (“Licensor”) and the individual or entity (“Licensee”) who has obtained a license to use the software provided by Licensor, and is subject to the laws and enforcement remedies prescribed under Swedish law.

The Hiber3D Development Kit (HDK) End User License Agreement applies to your use of HDK and related software. The HDK is primarily used for creating advanced 3D worlds through scripting. This legal document details your rights and obligations related to using Hiber’s proprietary computer software program known as the HDK.

By downloading, accessing and or using the Licensed Technology, whether the software was downloaded directly from Hiber, or acquired from a third-party, you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this agreement, you must immediately delete any copies of the Licensed Technology in your possession and not access the software.

I. Grant of License The Licensed Technology that you are licensed to use under this agreement includes HDK. Hiber AB grants to Licensee a non-exclusive, non-transferable, limited license to use the source code of the software, solely for personal use, subject to the terms and conditions set forth in this Agreement.

II. Restrictions on Use Licensee shall be free to modify the code of the software for personal use, and modifications may be shared or distributed outside of Licensee’s organization. You may not commercialize the software without a specific commercial agreement with Hiber AB. You also are responsible for any modifications to the software that you share or distribute.

HDK may not be used in the creation of malicious content. You may not use the software to make personal attacks, harass, witch hunt, promote sexism, racism or hate speech, politics, religion, sex, nudity, or to incite violence, self-harm and other disturbing subjects that aren’t in the positive spirit of Hiber and its goals of inclusion, safety and fun. Creating such content may result in Hiber needing to terminate your right to distribute any content, which Hiber may do without notice, or liability to the creator.

III. Ownership The software, including all intellectual property rights therein, is the exclusive property of Licensor and its suppliers. The license granted to Licensee does not transfer ownership of the software to Licensee.

IV. Non-Compatible Licenses User shall not combine, distribute, or otherwise use the Licensed Technology with any code or other content that is covered by a license that would require that all or part of the Licensed Technology be governed under any terms other than those of this Agreement.

V. Third Party Software The Licensed Technology may incorporate and be bundled with code developed by third parties (the “Third Party Software”). Any additional or alternative license terms for the Third Party Software will be found in the installation directory. By using the Third Party Software, User accepts the terms of those additional or alternative licenses. Hiber makes no representation or warranty with respect to the Third Party Software.

VI. Feedback and Contributions By providing Feedback to Hiber, User grants Hiber a right to freely use and disclose the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to User. By providing Contributions to Hiber, User grants Hiber a non-exclusive, fully-paid, irrevocable, transferable, sublicensable license to use the Contributions for all current and future methods and forms of exploitation in any country.

VII. Warranty Disclaimer HIBER DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HIBER MAKES NO WARRANTY THAT THE LICENSED TECHNOLOGY WILL MEET USER’S REQUIREMENTS OR THAT THE USE OF THE LICENSED TECHNOLOGY WILL BE UNINTERRUPTED OR ERROR-FREE.

VIII. Limitation of Liability HIBER SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE LICENSED TECHNOLOGY, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, OR GOODWILL. HIBER’S MAXIMUM AGGREGATE LIABILITY TO USER UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID BY USER FOR THE LICENSED TECHNOLOGY.

IX. Termination This Agreement shall terminate automatically if Licensee breaches any of its obligations under this Agreement. Upon termination, Licensee shall promptly destroy all copies of the software and discontinue all use thereof.

X. General This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements between the parties relating to the subject matter of this Agreement. This Agreement may only be amended in writing signed by both parties. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

XI. Governing Law This Agreement shall be governed by and construed in accordance with the laws of Sweden.

XII. Assignment Licensee may not assign this Agreement or transfer any rights or obligations hereunder without the prior written consent of Licensor.

Hiber AB Västra Hamngatan 12 411 17 Gothenburg, Sweden Email: hello@hiber3d.com [Updated: February 8, 2023]