Terms of delivery for software licenses

 

License file

When you order a software license, we create a personalized license file using the name and email address you provided during the ordering process. This information is treated confidentially in accordance with our privacy policy.

Delivery and delivery time

After receipt of your order and a successful transaction, we will send you your license file together with the invoice to the e-mail address you provided within two working days (usually within a few hours).

Terms of use

Before purchasing a license, we recommend that you test the free edition of send2cnc. The End User License Agreement (EULA), which applies to all editions, can be viewed during installation and on this page.

By ordering a license you agree to the terms of the End User License Agreement (EULA) of send2cnc.

Acceptance

By placing an order you accept these terms and conditions.

End-User License Agreement (EULA)

Definitions and Scope

  1. "Software" refers to the software "send2cnc, Version 1.x", including all related materials, documentation, and updates provided by the Provider.

  2. "Provider" refers to Martin Kapfinger, the developer and rights holder of send2cnc.

  3. "Licensee" refers to the person or entity that downloads, installs, and uses send2cnc.

  4. "License File": A digital certificate that is required for the operation of send2cnc in any edition and can be installed subsequently.

  5. "Purchased License" ("Paid License"): Any paid license models granting the Licensee extended usage rights and features, subject to the terms of the "Paid License". These rights are technically enabled and validated through a license file issued to the Licensee.

  6. "Free License": A free license with limited features, subject to the specific conditions of the "Free License".

Subject of the Agreement

This End-User License Agreement ("EULA") governs the terms for the use of the Provider's software by the Licensee. Use of the software is permitted exclusively under the conditions defined in this EULA. Any use of the software not expressly authorized by this EULA is prohibited.

Jurisdiction and Applicable Law

This EULA is subject to Austrian law. Where legally permissible, the exclusive jurisdiction for all disputes arising from or in connection with this EULA shall be the competent court in Salzburg, Austria. The Licensee agrees to submit to the personal jurisdiction of these courts.

Property and Copyright

The property, copyright, intellectual property, and distribution rights of the software remain with the Provider. The Licensee acknowledges that the software and all related materials are the intellectual property of the Provider.

License Grant

The Provider grants the Licensee a non-exclusive, non-transferable license to use the software, which includes different terms of use and features depending on the type of license ("Free License" or "Paid License").

  • With an activated "Free License": The use of the software is permitted exclusively for private and non-commercial purposes. Any commercial use is expressly prohibited.

  • With an activated "Paid License": The use of the software is permitted for both private and commercial purposes.

In both cases, the Licensee is obliged not to manipulate the license file and not to bypass it. Furthermore, the Licensee is not permitted to transfer or share the license file with third parties.

License Activation and Switching

  1. Initial Activation: By installing the software, the "Free License" is activated by default.

  2. Switching between Licenses: The Licensee can switch between the "Free License" and the "Paid License" by installing or uninstalling the respective license file. The respective terms of use and features of the activated license become effective at the moment the switch occurs.

  3. Conditions of the Active License: Regardless of whether a "Free License" or "Paid License" is used first, the provisions of the license active at the respective time always apply.

  4. Use of the License File: Each acquired license file may only be used for one installation of the software. Upon reinstallation of the software, the Licensee is obliged to uninstall the previous installation or remove the license from the previous installation.

Scope of Use

The use of the software is exclusively permitted to the licensee. The licensee may not modify, reverse engineer or decompile the software, unless this is legally permissible or expressly permitted by the specific licence conditions of the individual components (such as the MIT licence for the post-processors).

Liability

The Provider's liability for the software is limited to the extent legally permissible. These limitations do not apply to damages resulting from injury to life, body, or health caused by intentional or grossly negligent breach of duty by the Provider, a legal representative, or a vicarious agent of the Provider.

  • With an activated "Free License": The software is provided "as is" without any warranties or assurances. The Provider is not liable for any damages that may arise from the use of the software, including, but not limited to, lost profits, consequential damages, or other indirect damages. The use is at the Licensee's own risk.

  • With an activated "Paid License": The Provider is liable for damages caused by him only in the case of intent or gross negligence. Liability for indirect damages, such as lost profits, business interruption, data loss, or claims by third parties, is excluded unless such damages were caused intentionally or by gross negligence. To the extent legally permissible, the Provider's liability is limited to the amount actually paid for the service or product.

Collision Checking

The software performs a standard collision check when generating toolpaths to identify potential errors that could cause damage to the machine. However, this collision check requires that all relevant geometries and parameters are available to the software. If this requirement is not met or if the user has deactivated the collision check, the software cannot examine the toolpaths and a clear warning message is issued. Despite this warning message, the user has the option to continue generating the toolpaths without collision checking. By choosing this option, the user expressly accepts the risks and assumes full responsibility for any direct or indirect damages that may result. This specific assumption of liability supplements the general liability regulation in this agreement and does not restrict it.

Postprocessor

The software includes post-processors that convert the calculated data into executable NC programs and are licensed under the MIT licence. This licence allows the licensee to use, adapt and distribute the post-processors without restriction. The licence terms can be found in the respective files of the postprocessors. The licensee is responsible for the selection, adaptation and compatibility of the post-processors with the CNC machine used. The provider accepts no liability for the performance or safety of the post-processors. Use is at the licensee's own risk.

Support and Maintenance

The Provider offers all users regular software updates and extensive self-help documentation, including online video tutorials and example projects. Users are invited to report discovered bugs, the rectification of which the Provider decides at their discretion. Permanent rectification of bugs or security vulnerabilities is not guaranteed.

For users of the "Paid License", basic email support for general software issues is additionally offered. This is limited to basic inquiries and is subject to a Fair-Use Policy. The Provider reserves the right to refuse excessive or abusive requests and does not guarantee fixed response times.

Updates and Patches

The Licensee is permitted to install updates and patches from the Provider. In this case, the EULA of the update or patch replaces this EULA.

Internet Connection and Privacy

The software includes a feature for automatic update checks. When this feature is activated, the software establishes a connection to a third-party web server to search for updates. During this process, no personal data of the user is transmitted or stored. The data transfer is solely for the purpose of receiving information about software updates. The automatic update check can be deactivated at any time in the software settings.

In addition, the software provides links to the send2cnc online manual. Clicking on these links opens the user's default browser and redirects to our website. Please note that when visiting external websites, the privacy policies of the respective website apply.

Open-Source Components

The software uses components and libraries from third parties. A list of the used third-party components, including their respective licenses and copyright notices, is listed in the manual.

Termination of the License

If the Licensee violates one or more provisions of this EULA, the Provider has the right to terminate this EULA and the license immediately. Upon termination of the license, the Licensee must immediately cease using the software and destroy all copies of the software and the license files. The obligations of the Licensee under this EULA, which by their nature are intended to survive the termination of the license, shall continue to apply even after the termination of this EULA.

Miscellaneous

If individual provisions of this EULA are or become invalid, the validity of the remaining provisions shall not be affected. The parties commit to agreeing on a provision to replace the invalid provisions that comes closest to the economic intent of the ineffective provision in a legally effective manner.

Contact

If the Licensee has any questions or concerns regarding the software, they can contact the Provider at: info@send2cnc.com

The Provider will endeavor to respond within a reasonable period.

Express Consent

By installing, copying, or using the software, the Licensee expressly agrees to the terms of this EULA.

Cancellation Policy (Right of Withdrawal)

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us (Martin Kapfinger, Fischbach 122, 5441 Abtenau, Österreich, info@send2cnc.com, tel +43 6243 3054) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Waiver of Right of Withdrawal

The consumer does not have a right of withdrawal for the delivery of digital content not stored on a tangible medium if the entrepreneur - with the consumer's explicit consent, combined with their acknowledgment of the loss of the right of withdrawal upon early commencement of performance, and after the provision of a copy or confirmation pursuant to § 7 para 3 FAGG - has begun delivery before the expiration of the otherwise applicable withdrawal period.

Pursuant to § 7 para 3 FAGG, the consumer is provided, within a reasonable period after the conclusion of the contract, but at the latest before the commencement of performance, with a confirmation of the concluded contract on a durable medium (e.g., email) along with the information specified in § 4 para 1 FAGG, provided this information has not already been made available on a durable medium. The contract confirmation shall at least include an acknowledgment of the consent to immediate commencement of performance and the consumer's acknowledgment of the resulting waiver of the right of withdrawal.

Withdrawal form

If you wish to withdraw from the contract, you can use the following withdrawal form:

Download withdrawal form as PDF

Please complete the form and send it to the contact address provided.