END USER LICENSE AGREEMENT (EULA) – ITHACA SOFTWARE

IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE.

This End User License Agreement (« Agreement ») is a legal contract between you (either an individual or a single entity) and French Touch Factory (« Licensor ») regarding the use of the ITHACA software and associated components.

By installing, copying, or otherwise using the Software or SDK, you agree to be bound by the terms of this Agreement. If you do not agree, do not install or use the Software or SDK.

1. DEFINITIONS

« Software » refers to the ITHACA volumetric video capture application.
« Player SDK » refers to the runtime libraries, plugins, and assets enabling playback of volumetric video content in third-party environments (Unity, Unreal Engine, JavaScript, WebGL, etc.).
« User » refers to the licensee of the Software.
« Developer » refers to the licensee of the Player SDK.

2. SCOPE OF LICENSE

This Agreement covers two distinct types of licenses:

A. Software License (ITHACA Application)

For the use of the volumetric video capture software.

B. Player SDK License

For the integration of playback capabilities into third-party applications.

3. SOFTWARE LICENSE (ITHACA APPLICATION)

3.1 Grant of License

The Licensor grants you a non-exclusive, non-transferable, limited right to install and use the Software solely for your personal or internal business purposes.

Two types of licenses are available:

INDY License: permits deployment and use of the Software on up to 5 workstations simultaneously, within the same company or within a single household (for individuals).
PRO License: permits deployment without any workstation limit, strictly within the same company (or within a single household if the user is an individual).

Any use outside of this scope, including for the benefit of third parties, is strictly prohibited unless expressly authorized in writing by the Licensor.

3.2 Pricing Model

Access to the Software requires the acquisition of a license under one of the following terms:

Annual rental: one-time payment for a 12-month duration
Monthly subscription: automatically renewed unless canceled by the User

Activation keys or access credentials provided are strictly personal and may not be shared.

3.3 Restrictions on Software Use

The User agrees not to:

Copy, modify, reverse engineer, decompile, disassemble, or create derivative works of the Software, except as expressly permitted by law
Rent, lease, lend, sublicense, distribute, or otherwise make the Software available to third parties without prior written consent from the Licensor
Use any module, component, or part of the Software to develop competing software, products, or services without a separate written agreement with the Licensor
Remove, alter, or conceal branding, copyright notices, or proprietary markings
Circumvent or tamper with licensing mechanisms
Use the Software to benchmark publicly without permission
Embed the Software in weapons systems, surveillance use, or bio-identification systems without explicit authorization
Export or transfer the Software in violation of applicable laws

3.4 Maintenance and Support

The Licensor provides limited maintenance services only:

Fixing blocking bugs that directly affect the Software’s functionality
Providing patches or updates, if available

No functional upgrades, customization, or personalized support are guaranteed under this license. No Service Level Agreement (SLA) is included.

4. PLAYER SDK LICENSE

4.1 Grant of License for the Player SDK

The Licensor grants the Developer a limited, non-exclusive, non-transferable, royalty-free license to:

Integrate the Player SDK into their own application for the sole purpose of enabling playback of volumetric video content generated with ITHACA
Distribute the Player SDK only as an embedded component of the Developer’s application and not as a standalone product
Deploy the application incorporating the Player SDK commercially

4.2 Restrictions on Player SDK Usage

The Developer expressly agrees not to:

Reverse engineer, decompile, disassemble, or attempt to reconstruct the Player SDK
Extract, modify, adapt, or reuse any component of the Player SDK outside the authorized application
Use the Player SDK, in whole or in part, to develop a volumetric video capture system or any competing software
Provide the Player SDK as a Software Development Kit, library, or runtime to third parties as a standalone product
Sublicense, sell, rent, lease, or otherwise distribute the Player SDK outside of the embedded use approved herein

4.3 Attribution Requirement

Any application using the Player SDK must visibly mention the following credit within the application interface, documentation, or marketing materials:

« Volumetric video playback powered by ITHACA – French Touch Factory »

Failure to comply with this attribution requirement constitutes a material breach of this Agreement.

4.4 No White Labeling

The Developer may not remove, hide, modify, or substitute any ITHACA branding. The Software and Player SDK may not be rebranded or presented as proprietary technology of the Developer.

4.5 SaaS / Cloud / Hosting

Use of the Software or Player SDK in a SaaS, cloud, hosted, or streaming environment is permitted only if the SDK is not exposed as a service, API, or standalone access point to end users or third parties.

The Player SDK must remain an embedded component of the Developer’s application and cannot be made available as a platform service.

4.6 Termination for Player SDK Misuse

Any violation of the Player SDK usage terms shall result in immediate termination of this license without notice. Upon termination, the Developer shall immediately cease distribution of any application using the Player SDK.

5. THIRD-PARTY COMPONENTS

This Software and SDK may include or make use of third-party libraries, tools, or components, which are subject to their own licenses. The User and Developer agree to comply with the terms of such third-party licenses, available in the provided documentation or upon request.

6. OWNERSHIP AND INTELLECTUAL PROPERTY

All rights, title, and interest in and to the Software and Player SDK, including all intellectual property rights, remain the exclusive property of the Licensor.

The Software and SDK are licensed, not sold. This Agreement does not grant any ownership rights over the technology or associated intellectual property.

6.1 Ownership of Content

The Licensor does not claim ownership over any content created or rendered using the Software or Player SDK. The User/Developer remains solely responsible for the legality, compliance, and ownership of all content produced.

7. TERMINATION

The Licensor reserves the right to immediately terminate this License if the User or Developer fails to comply with the terms and conditions set forth herein.

In the event of such breach, the User/Developer shall:

Immediately cease all use of the Software and/or SDK
Destroy all copies in their possession
Cease distribution of any applications incorporating the Player SDK

The User/Developer acknowledges that any violation of the terms of this Agreement may expose them to legal action and claims for damages.

7.1 Survival of Obligations

Sections related to ownership (Section 6), restrictions (Sections 3.3, 4.2), limitation of liability (Section 9), attribution (Section 4.3), and intellectual property shall survive termination of this Agreement.

8. WARRANTY DISCLAIMER

The Software and SDK are provided « AS IS », without warranties of any kind, either express or implied.

The Licensor does not warrant that the Software or SDK will:

Meet the User’s or Developer’s specific requirements
Operate uninterrupted or error-free
Be free of defects or vulnerabilities

9. LIMITATION OF LIABILITY

To the maximum extent permitted by law, the Licensor shall not be liable for any direct, indirect, incidental, or consequential damages, including but not limited to:

Data loss
Financial loss
Business interruption
Inability to use the Software or SDK
Loss of profits or revenue

9.1 Developer Responsibility

The Developer is solely responsible for the integration, testing, compatibility, maintenance, and deployment of any application using the Player SDK. The Licensor provides no guarantee regarding the performance of the Player SDK within third-party environments or applications.

10. EXPORT COMPLIANCE

The User/Developer agrees to comply with all applicable export control laws, sanctions regimes, and international trade regulations. The Software and Player SDK may not be exported, re-exported, or transferred to any jurisdiction or entity in violation of applicable laws.

11. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with French law.

Any dispute arising from this Agreement shall fall under the exclusive jurisdiction of the competent French courts.

12. ACCEPTANCE

By clicking « I Agree », or by installing and/or using the Software or SDK, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement.