END USER LICENSE AGREEMENT 

- Subscription based - 

valid from 2019. March 01. 

 
 
IMPORTANT! 

PLEASE READ THIS END USER LICENSE AGREEMENT (EULA) CAREFULLY, BECAUSE BY 
DOWNLOADING, COPYING, INSTALLING OR USING MODELPORT (THE SOFTWARE), YOU AGREE TO 
ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF 
THE TERMS AND CONDITIONS OF THIS AGREEMENT OR DO NOT WISH TO BE BOUND BY THIS EULA, 
DO NOT DOWNLOAD, COPY, INSTALL OR USE THIS SOFTWARE. 

This EULA is a binding legal agreement between Day8 Design Ltd. (the "Licensor", we) and the person 
or company ("the Licensee", you) who is being licensed to use ModelPort (the "Software"). For 
purposes of this EULA, Software means such application software, together with all components 
thereof and all updates, patches, fixes, modifications and enhancements thereto, including releases of 
new versions, whether provided to you via download, automatically without additional consent or 
action on your part or otherwise, and any and all accompanying printed or online documentation, files 
and materials. 



1. GRANT OF LICENSE 

Day8 Design owns all right, title and interest in and to the Software, including all intellectual property 
rights therein. The Software is licensed, not sold. Subject to the terms and conditions of this EULA and 
subject to the payment of the applicable license fees (the Subscription Fee), Day8 Design grants to 
You a limited, non-exclusive and non-transferable license to use one copy of the Software on any single 
computer for your internal business purposes only, for the accompanying Software during the set 
subscription period (the Subscription Period). 

The Software is "in use" on a computer when it is loaded into temporary memory (RAM) or installed 
into the permanent memory of a computerfor example, a hard disk, CD-ROM or other storage 
device. You may install, use, access, display and run only one copy of the Software, on a single 
computer, workstation or terminal ("Computer"). 

This EULA will also govern any upgrades to the Software provided by Day8 Design that replace and/or 
supplement the original Software, unless such upgrades are accompanied by a separate license, in 
which case the terms of that license will govern. 

You may copy the Software for backup and archival purposes, provided that the original and each copy 
is kept in your possession and that your installation and use of the Software does not exceed that 
allowed in the "Grant of License" section above. Any such copies made by Customer must reproduce 
and include, in exact form, all proprietary rights notices. Customer shall maintain records of the 
location of each copy of the Software, and the location and identity of the computers on which the 
Software is installed. 

This license does not under any circumstances confer ownership of the Software to You. 

If You have paid for a single license, a single copy of the Software may be installed and used by You on 
one machine/workstation, or used non-simultaneously by multiple people accessing the same single 
machine/workstation. If You wish to use the Software concurrently on additional 
machine/workstations You must purchase additional licenses. 

Software delivered as an update or upgrade to a previous version of the licensed Software must replace 
the previous version  no additional license is granted. You may install only such number of 
updates/upgrades as equal to the number of licenses paid for. If You wish to install more 
updated/upgraded versions than licenses held, You must purchase additional licenses. 

Software delivered in demo or evaluation mode, and any licenses classed as demo, evaluation, not-
for-resale, educational (including student and faculty) and other licenses issued for non-commercial 
purposes may only be used by You in an appropriate non-commercial manner, and never used for 
commercial gain, unless otherwise agreed by Day8 Design in writing. 

- Subscription Period. The Subscription Period for the Software will begin on the day you order the 
Software and end one year thereafter. You agree to pay the Subscription Fee for the Subscription 
Period. Your subscription to the software will automatically renew for a new Subscription Period 
upon your payment of the new subscription fee. Day8 Design reserves the right to change the 
Subscription Fee for any renewal Subscription Periods. Each new Subscription Period will be 
subject to the same terms and conditions set forth in this Agreement, which may be updated by 
Day8 Design from time to time. 

- End of Subscription Period. You agree that Day8 Design may disable the Software, either by 
operation of the software or by a remote command from Day8 Design, at the end of the 
Subscription Period if you have not paid the Subscription Fee to renew your subscription to the 
Software. 

- Updates. If you receive an update or an upgrade to, or a new version of, the Software, you must 
possess a valid license to the previous version in order to use the Update. All Updates provided to 
you shall be subject to the terms and conditions of this EULA. Day8 Design shall have no obligation 
to support the previous versions of the Software upon availability of an Update. Technical support 
and training is not included with your Subscription Fee. Day8 Design has no obligation to 
maintenance, Updates, or modifications under this EULA. 

 

2. RESTRICTIONS: 

The Software is protected by copyright laws and international copyright treaties, as well as other 
intellectual property laws and treaties. You must treat the Software like any other copyrighted 
material. 

Unless otherwise agreed separately in writing with Day8 Design or under a separate license agreement 
with Day8 Design, You agree that you WILL NOT: 

- Provide access to or use of the Software to any third party. 

- Sell, license, sub-license, transfer, assign, re-distribute, lend, lease or rent (including via a timeshare 
arrangement), the Software, its use, or the license granted by this agreement. 

- Install or use the Software over the internet, including, without limitation, use in connection with a 
web hosting or similar service, or make the Software available to third parties via the internet or 
otherwise. 
- Modify, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code 
of the Software. 

- Copy or reproduce the Software, partially or totally, except to make one copy of the Software solely 
for back-up purposes. You are liable for the safekeeping of this copy and for any misuse which may be 
made of it. 

- Copy or reproduce the manuals, user guides and other documentation forming part of the Software. 
- Use demo, evaluation, not-for-resale, educational, student or faculty versions in any way for 
commercial gain. 



3. SUPPORT SERVICES 

Licensor may provide you with support services related to the Software ("Support Services"), at its 
discretion. Use of Support Services, if any, is governed by Licensor's policies and programs described 
in any user manual, in online documentation, and/or in other Licensor-provided materials. Any 
supplemental Software code provided to you as a part of Support Services will be considered part of 
the Software and subject to the terms of this EULA. With respect to technical information you provide 
to Licensor as part of the Support Services, Licensor may use such information for its business 
purposes, including for product support and development. Licensor will not utilize such technical 
information in a form that personally identifies you except to the extent necessary to provide you with 
support. 

 

4. REPLACEMENT, MODIFICATION AND/OR UPGRADES 

Licensor may, from time to time, and for a fee, replace, modify or upgrade the Software. When 
accepted by you, any such replacement or modified Software code or upgrade to the Software will be 
considered part of the Software and subject to the terms of this EULA (unless this EULA is superseded 
by a further EULA accompanying such replacement or modified version of or upgrade to the Software). 

 

5. TERMINATION 

This Agreement is effective until terminated. Licensor has the right to terminate this license and your 
right to use the Software at any time for any reason, including in the event we reasonably believe you 
have failed to comply with any term or condition of this EULA. If this license or your right to use the 
Software terminates for any reason or you must stop all use of the Software and either return to us or 
destroy the Software and all copies of the Software that are in your possession or under your control. 
We may ask you to certify your compliance with the foregoing in writing, and you agree to do so within 
5 days if we request you to do so. 

You may terminate this EULA at any time by destroying all your copies of the Software and related 
materials. Your license to the Software automatically terminates without notice from Day8 Design if 
you fail to comply with the terms of this agreement. Upon termination, you must cease use of the 
Software, you are required to remove the Software from your computer and destroy all copies of the 
Software in your possession. In the event of termination for cause by Day8 Design, you will not be 
entitled to the return of any portion of the Subscription Fee. 

 

6. COPYRIGHT 

All title and copyrights in and to the Software (including but not limited to any images, photographs, 
animations, video, audio, music and text incorporated into the Software), the accompanying printed 
materials, and any copies of the Software, are owned by Licensor or its suppliers. This EULA grants you 
no rights to use such content. If this Software contains documentation that is provided only in 
electronic form, you may print one copy of such electronic documentation. Except for any copies of 
this EULA, you may not copy the printed materials accompanying the Software. 

You may not to reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, 
sublicense, make copies of, create derivative works from, distribute or provide others with the 
Software in whole or part, transmit or communicate the application over a network. Any failure to 
comply with the above or any other terms and conditions contained herein will result in the automatic 
termination of this license and the reversion of the rights granted hereunder to us. 


THIRD-PARTY COPYRIGHT NOTICES 

1. Autodesk FBX Software Developer Kit 

"This software contains Autodesk FBX code developed by Autodesk, Inc. Copyright 2019 Autodesk, 
Inc. All rights, reserved. Such code is provided "as is" and Autodesk, Inc. disclaims any and all 
warranties, whether express or implied, including without limitation the implied warranties of 
merchantability, fitness for a particular purpose or non-infringement of third party rights. In no event 
shall Autodesk, Inc. 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 such code." 

2. Open Asset Import Library (assimp) 

Copyright 2006-2019, assimp team. All rights reserved. 

Redistribution and use of this software 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 name of the assimp team, nor the names of its contributors may be used to endorse or 
promote products derived from this software without specific prior written permission of the assimp 
team. 

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 the copyright owner 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. 

3. OpenSSL 

Copyright OpenSSL 2019. Contents licensed under the terms of the OpenSSL license. See 
https://www.openssl.org/source/license.html for details 

"This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit 
(http://www.openssl.org/)" 

This software is provided by the OpenSSL project as is and any expressed 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 the OpenSSL project or its 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. 



7. DISCLAIMER OF WARRANTY 

THERE ARE NO REPRESENTATIONS OR WARRANTIES THAT APPLY OR THAT ARE MADE TO YOU IN ANY 
WAY IN CONNECTION WITH THE SOFTWARE OR THIS EULA. TO THE MAXIMUM EXTENT PERMITTED BY 
LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SOFTWARE AND 
YOUR ACCESS TO AND USE THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT 
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR 
PURPOSE OR ANY WARRANTIES OF TITLE, NON-INFRINGEMENT AND/OR ARISING FROM A COURSE OF 
DEALING OR USAGE OF TRADE. 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SOFTWARE IS MADE AVAILABLE TO 
YOU ON AN AS IS AND AS AVAILABLE BASIS AND DAY8 DESIGN LTD. DOES NOT GUARANTEE, 
WARRANT OR REPRESENT THAT THE SOFTWARE SHALL MEET YOUR REQUIREMENTS OR THAT YOUR 
USE, OPERATION OR RESULTS OF USE OF THE SOFTWARE SHALL BE UNINTERRUPTED, COMPLETE, 
RELIABLE, ACCURATE, CURRENT, ERROR-FREE, FREE OF COMPUTER VIRUSES OR OTHERWISE SECURE. 
YOU ASSUME THE ENTIRE RISK OF DOWNLOADING, INSTALLING, COPYING, OPERATING, USING 
AND/OR DISTRIBUTING THE SOFTWARE. 

 

8. LIMITATIONS OF LIABILITY 

YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW, 
NEITHER DAY8 DESIGN LTD. NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, THEIR RESPECTIVE 
SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, 
REPRESENTATIVES, ADVERTISERS, BUSINESS AND PROMOTIONAL PARTNERS, OPERATIONAL SERVICE 
PROVIDERS, SUPPLIERS, RESELLERS AND CONTRACTORS SHALL, UNDER ANY CIRCUMSTANCES, BE 
RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, 
INCLUDING, WITHOUT LIMITATION, ANY AND ALL COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, 
DIRECT, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING 
FROM ANY USE OF THE SOFTWARE OR OTHERWISE IN CONNECTION WITH THIS EULA. 

YOU FURTHER ACKNOWLEDGE AND AGREE YOUR SOLE RIGHT AND EXCLUSIVE REMEDY FOR ANY LOSS 
OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF GOODWILL OR LABOR COSTS, 
OR LOST SAVINGS) ASSOCIATED WITH THE SOFTWARE OR THIS EULA, EVEN IF YOU CLAIM THAT SUCH 
REMEDY FAILS OF ITS ESSENTIAL PURPOSE, SHALL BE TO HAVE DAY8 DESIGN LTD., UPON WRITTEN 
NOTICE FROM YOU, ATTEMPT TO REPAIR, CORRECT OR REPLACE THE SOFTWARE. IF REPAIR, 
CORRECTION OR REPLACEMENT IS NOT REASONABLY COMMERCIALLY PRACTICABLE IN THE SOLE AND 
ABSOLUTE DISCRETION OF DAY8 DESIGN LTD., EITHER YOU OR DAY8 DESIGN LTD. SHALL HAVE THE 
RIGHT TO TERMINATE AND DISCONTINUE YOUR USE OF THE SOFTWARE. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN 
LIMITATIONS ON DAMAGES AND REMEDIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND 
LIMITATIONS DESCRIBED IN THIS EULA MAY NOT APPLY TO YOU. DAY8 DESIGN'S AGGREGATE LIABILITY 
IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE 
SOFTWARE, IF ANY. 

 

9. EXPORT RULES 

All Software and technical data delivered under this Agreement are subject to United States export 
control laws and subject to the customs and export laws and regulations of Hungary, and may be 
subject to export or import regulations in other countries. You agree to comply strictly with all such 
law and regulations. 



10. ARBITRATION AND GOVERNING LAW 

In the event of a dispute arising out of or in connection with this EULA or any contract between you 
and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process 
of mediation before commencing arbitration or litigation. 

This EULA and the obligations of the parties hereunder will be interpreted, construed and enforced in 
accordance with the laws of the Budapest, Hungary, without regard to its choice of law rules. Any legal 
action to enforce or interpret any provision of this Agreement shall be brought in the courts located in 
Budapest, Hungary. By execution and delivery of this Agreement, the parties accept and consent to, 
the jurisdiction of and venues in the courts located in Budapest, Hungary, and hereby waive any and 
all objections to such jurisdiction and venue. 

 

11. SEVERABILITY 

If any term of this EULA is found to be unenforceable or contrary to law, it will be modified to the least 
extent necessary to make it enforceable, and the remaining portions of this Agreement will remain in 
full force and effect. 

 

12. NO WAIVER 

No waiver of any right under this EULA will be deemed effective unless contained in writing signed by 
a duly authorized representative of the party against whom the waiver is to be asserted, and no waiver 
of any past or present right arising from any breach or failure to perform will be deemed to be a waiver 
of any future rights arising out of this EULA. 

 

13. ENTIRE AGREEMENT 

This EULA constitutes the entire agreement between the parties with respect to its subject matter, and 
supersedes all prior agreements, proposals, negotiations, representations or communications relating 
to the subject matter. 

Both parties acknowledge that they have not been induced to enter into this EULA by any 
representations or promises not specifically stated herein. 

 

14. REFUND POLICY 

We have a no refund policy on all of our software applications and bundles. We do this because we 
offer free functional trial versions for all of our software this way you can download and try before you 
buy. These trial versions allow you to test the software risk-free before you decide to make a purchase. 

 

15. CHANGE IN POLICIES 

We reserve the right to change these policies at any time without prior notice. 


 

YOU ACKNOWLEDGE THAT YOU HAVE READ THE ENTIRE AGREEMENT, UNDERSTAND IT, 
ACKNOWLEDGE YOU ARE BOUND BY IT AND AGREE TO FULLY COMPLY WITH ALL OF ITS TERMS AND 
CONDITIONS. YOU MUST ACCEPT THESE TERMS BEFORE DOWNLOADING, INSTALLING OR USING THE 
SOFTWARE. 