Carvio

Carvio End User Licence Agreement

This End User Licence Agreement (the "Agreement") is a legal agreement between you (a person, or the company or organisation you act for) and Carvio ("Carvio", "we", "us"), the publisher of the Carvio software. It covers the Carvio program, its updates, its built-in help, fonts, clipart, post processors, examples and other files that come with it, and any files it makes (together, the "Software").

Please read this Agreement to the end before you use the Software. By clicking I agree, or by installing, copying or using the Software, you accept this Agreement. If you do not accept it, do not install or use the Software. Carvio asks you to accept this Agreement when it is first run and again after every update.

1. Safety warning

CNC routers, mills, lathes, laser cutters and engravers are dangerous machines. They can cause serious injury, blindness, burns, fire, loss of limbs and death, and they can destroy themselves, their tools, the material and the building they are in.

  • A toolpath, G-code file or machine command made by the Software can be wrong, because of an error in the Software, in your design, your tool and material settings, your machine settings or your post processor.
  • You must check every design, toolpath, simulation and G-code file before you run it, and run new jobs in the air or at reduced speed first.
  • Never leave a running machine or laser unattended. Keep an emergency stop, a fire extinguisher and suitable protective equipment (eye, ear and breathing protection, and laser safety glasses made for your laser's wavelength) at hand. Keep the work area ventilated and clear of people and animals who are not protected.
  • Some materials give off toxic or corrosive fumes when cut or burnt. It is your responsibility to know what you are cutting.
  • The Software's simulation, preview, machining time, collision and safety checks are aids only. They do not replace your own checks and judgement.

You alone are responsible for how your machine is built, set up, maintained and run, for following its maker's instructions and the safety laws where you are, and for the safety of everyone near it.

2. Licence

The Software is licensed, not sold. Subject to this Agreement, we grant you a personal, non-exclusive, non-transferable licence to install and use the Software:

  • Free trial: without a licence key, you may use the Software in its free trial mode, with the limits the Software and carviocnc.com describe, for as long as you like.
  • Paid licence: with a licence bought from carviocnc.com, you may use the Software on the number of computers (seats) and for the major version that the licence names, under the terms shown when you bought it.

You may make backup copies of the Software for your own use.

3. Restrictions

Except as this Agreement or the law where you live expressly allows, you may not:

  • copy, sell, rent, lease, lend, sublicense, publish or share the Software or a licence key with anyone else;
  • remove, disable, get around or interfere with the Software's licensing, licence checks or activation, or use a licence on more computers than it allows;
  • reverse engineer, decompile or disassemble the Software, or try to find its source code;
  • modify the Software or make works based on it;
  • remove or change any copyright, trademark or other notice in the Software;
  • use the Software for any unlawful purpose, or to make anything you have no right to make.

4. Ownership

The Software, including its code, design, help, pictures, clipart and example files, is owned by Carvio and its licensors and is protected by copyright and other laws. All rights not granted to you in this Agreement are kept by Carvio. "Carvio" and the Carvio logo are trademarks of Carvio.

5. Your work

Your designs, projects, toolpaths, G-code and other files you make with the Software belong to you (or to whoever owns the material you put in them). We claim no ownership of them. Clipart, projects and other files bought or downloaded from carviocnc.com are covered by the terms shown with them.

6. Third-party parts

Some parts of the Software, such as fonts, are made by others and come with their own licences, which are included with the Software. Those licences apply to those parts and, where they give you more rights than this Agreement, they take priority for those parts.

7. Internet use and updates

The Software works without an internet connection. It connects to carviocnc.com only to check for updates (which you can turn off in Preferences), to download an update you choose to install, when you sign in or deactivate a licence, and when you open a link to the site. What is sent, and how we handle it, is described in the privacy policy at carviocnc.com/privacy.

Updates may add, change or remove features. Each update is covered by this Agreement, or by the version of it shown with that update.

8. No warranty

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT ALLOWED BY LAW, CARVIO AND ITS DEVELOPERS, OWNERS, EMPLOYEES, CONTRACTORS, CONTRIBUTORS, DISTRIBUTORS, RESELLERS, LICENSORS AND AFFILIATES (THE "CARVIO PARTIES") DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SOFTWARE IS FREE OF ERRORS OR DEFECTS, THAT IT WILL WORK WITH YOUR MACHINE, CONTROLLER, COMPUTER OR FILES, THAT IT WILL RUN WITHOUT INTERRUPTION, OR THAT THE TOOLPATHS, G-CODE, ESTIMATES OR OTHER RESULTS IT PRODUCES ARE CORRECT OR SAFE. YOU USE THE SOFTWARE, AND RUN ANYTHING IT PRODUCES, ENTIRELY AT YOUR OWN RISK.

9. Limitation of liability and release

TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT WILL ANY OF THE CARVIO PARTIES BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY:

  • PERSONAL INJURY OR DEATH;
  • DAMAGE TO OR LOSS OF MACHINES, TOOLS, MATERIALS, BUILDINGS OR OTHER PROPERTY, INCLUDING DAMAGE CAUSED BY FIRE;
  • LOSS OF DATA, PROFITS, REVENUE, BUSINESS, GOODWILL OR TIME, OR THE COST OF REPLACEMENT GOODS OR SERVICES; OR
  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES,

ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE, ITS USE OR MISUSE, OR ANYTHING IT PRODUCES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF WE WERE TOLD SUCH DAMAGE WAS POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

IF, DESPITE THE ABOVE, ANY OF THE CARVIO PARTIES IS FOUND LIABLE, THE TOTAL LIABILITY OF ALL OF THEM TOGETHER FOR ALL CLAIMS IS LIMITED TO THE AMOUNT YOU PAID FOR YOUR LICENCE OF THE SOFTWARE IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR TEN US DOLLARS (US$10) IF YOU PAID NOTHING.

To the fullest extent allowed by law, you release the Carvio Parties from every claim, demand and liability, known or unknown, that arises out of or is connected with the Software, its use, or anything it produces.

Some places do not allow certain warranties to be excluded or liability to be limited. Where that is the case, the exclusions and limits above apply to the fullest extent the law there allows, and nothing in this Agreement limits any right you have that cannot be limited by law.

10. Indemnity

You agree to defend, indemnify and hold harmless the Carvio Parties from and against any claim, loss, damage, cost or expense (including reasonable legal fees) that arises from your use of the Software, from anything you make or run with it, from your breach of this Agreement, or from your breach of any law or the rights of anyone else.

11. Ending this Agreement

This Agreement lasts until it ends. It ends at once, without notice, if you break any of its terms. You may end it at any time by deleting every copy of the Software. When it ends you must stop using the Software and delete every copy. Sections 1, 4, 5 and 8 to 13 continue after it ends.

12. Export and law

You must follow all export, import and sanctions laws that apply to the Software and to your use of it.

This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict of law rules. Except as the last sentence of this section allows, you and Carvio agree to the jurisdiction of the courts of Ontario. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Where the law where you live gives you the right to bring a claim in your own courts, you keep that right.

13. General

This Agreement, together with the terms shown when you bought a licence, is the whole agreement between you and Carvio about the Software and replaces any earlier agreement about it. If a court finds any part of it unenforceable, that part is changed only as much as needed to make it enforceable and the rest stays in effect. If we do not enforce a right, we have not given it up. You may not transfer this Agreement or your licence without our written consent; we may transfer it to a successor. We may update this Agreement; an updated version applies to the version of the Software it is shown with, and Carvio asks you to accept it again.

14. Contact

Questions about this Agreement: carviocnc.com/contact.

Carvio shows this agreement when it is first run and after each update, and it must be agreed to before Carvio can be used. It is also in Carvio under Help > About Carvio > Licence Agreement.