Hiber3D 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 End User License Agreement applies to your use of Hiber’s proprietary 3D engine, known as the Hiber3D, and related software. The Hiber3D is primarily used for the creation and rendering of 3D worlds. This legal document details your rights and obligations related to using Hiber’s proprietary computer software programs known as Hiber3D.

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 Hiber3D code. Hiber AB grants to Licensee a non-exclusive, non-transferable, limited license to use the object 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 not modify, copy, distribute, sell, or transfer the source code of the software or create derivative works based on the source code. The object code may be modified by Licensee for personal use, but such modifications shall not be shared or distributed outside of Licensee’s organization. You specifically may not reverse engineer, decompile, emulate or modify Hiber3D source or object code to work differently than it is furnished by Hiber AB. You may not commercialize the software without a specific commercial agreement with Hiber AB.

Hiber3D 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. Warranty Disclaimer The software is provided “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. Licensor makes no representation or warranty that the software will meet the requirements of Licensee or that the operation of the software will be uninterrupted or error-free.

V. Limitation of Liability In no event shall Licensor be liable for any damages, including without limitation, any indirect, incidental, special, or consequential damages, arising out of or in connection with the use or performance of the software, even if Licensor has been advised of the possibility of such damages.

VI. 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.

VII. 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.

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

IX. 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]