Terms of Sale

Laubwerk GmbH, August-Bebel-Strasse 27, 14482 Potsdam, (hereinafter referred to as “Vendor”) is a software development company in the field of digital botany and software development to computer graphics. Under www.silva3d.com, Vendor offers the opportunity to download digital products either for free or against remuneration. In addition, support and maintenance services can be offered.

 

(1) Scope

1.1 These Terms and Conditions apply to all contracts concluded between you (hereinafter referred to as “Customer”) and the Vendor with regards to the products and/or services offered by the Vendor through the online store at www.silva3d.com. Terms and Conditions of the Customer will only be part of the Agreement if Vendor expressly gives its prior written consent to their application.

1.2 “Software” means the Silva3D plants, objects and textures, all software files and other computer information, Plant Models, images, graphics, user interfaces, photographs, text, trademarks, logos, and artwork bundled with the Silva3D models, any related written documentation, and any modified versions and copies of the Software, and upgrades, updates and additions to the Software. “Plant Model” means the files, data structure, visual and mathematical representation of a three-dimensional botanic object and the related images, loaded, interpreted, and rendered by the Software. Plant Models come with or can be accessed with the Software. Both the Software and the Plant Models are hereinafter referred to as the “Products”. “Licensed Productions” mean offline rendered animation video, as well as any still images, screen-shots, but which shall not be an interactive or a real-time production such as a video game, training application or interactive simulation.

1.3 The product that is subject matter of the Agreement is specified in the respective product description in the online shop of Vendor. In general, the source code of the Software is not provided under this Agreement.

1.4 As documentation the Vendor provides installation instructions in digital form and an online help platform that allows explanations of the functions to be obtained during the operation of the Software.

1.5 Installation itself does not form part of the contract. The Vendor refers the Customer to the installation notes in the documentation. This applies in particular for the hardware and software environment in which the Products are used.

1.6  Only businesses in the sense of Sec. 13 of the German Civil Code, i.e. a natural or legal entity or a judicable partnership that is acting in the execution of its commercial or independent business activity, can be Customer in the meaning of these Terms and Conditions.

 

(2) Conclusion of Contract

2.1 In order to purchase a product in Vendor’s online store, a registration of Customer is required.

2.2 Registration is completed after the Customer entered the information requested in the registration form and clicked on the “Purchase“-Button.

2.3 Any and all information provided during the registration process need to be complete and correct. The Customer is obligated to keep the information provided up to date and to inform Vendor immediately of any changes as long as the Customer is registered on the online store.

2.4 The Customer is responsible for keeping his account information (user name, password and any other information Vendor may provide in connection with the Customer’s account) confidential and safe from any other third party’s access.

2.5 The product and service descriptions in the online store of the Vendor do not represent a binding offer of the Vendor but serve only for the purpose of presenting and describing the Products.

2.6 The Customer can submit the offer via the online order form integrated in the online store of the Vendor. By clicking the button “Purchase” on the final page of the order process after the Customer has selected the Products and entered his personal data, the Customer submits a binding order for the Products contained in the shopping cart.

2.7 The Vendor accepts the Customer’s offer by sending a confirmation e-mail to the Customer which contains the acceptance of the Customer’s offer.

2.8 The Products are provided via digital download from the Vendor’s website.

2.9 Customer is responsible for a fully functional hardware and software environment that is also sufficiently dimensioned for download and use of the Product.

 

(3) Grant of Rights

3.1 Subject to the condition of Customer’s full payment according to Sec. 4 of this Agreement and any other requirements that might be stated in the product specification (of personal or business nature), Vendor grants Customer for the period of time stated in the product specification a non-exclusive, non-transferable, non-sublicensable worldwide right to use the Products to generate, copy, use, and modify Plant Models and the related images only for the internal business purposes to create offline rendered animation videos as well as still images.

3.2 Purchased content is licensed to the customer (or his company) and may be installed on several computers, as long as only the customer (or his company) makes use of the purchased content. Up to ten employees of a company may use the purchased content.
If your company wants to use products of Silva3D for more then ten employees, please contact Silva3D for details. The Products may not be used by third parties customers without valid license of products.

3.3 Customer may copy the Plant Models to any render node in Customer’s computer cluster and may provide the Plant Models to third party computer clusters (render farms) built to render Customer’s computer-generated imagery (CGI).

3.4 Customer may not:

a) publish, copy, separate, distribute, resale, or transfer the Products or Plant Models created with the Products including any modifications, any elements of it or any rendering on a stand-alone basis (i.e., if not integrated into a larger scene, e.g. no “billboards”) to a third party.

b) create an interactive or a real-time production such as a video game, training application or interactive simulation.

c) use the plants, models or textures in an interactive or a real-time production or web service.

d) remove any copyright, trademark or other proprietary notices appearing on the Products or on any copy or adaptation thereof.

3.5 The Vendor reserves the exclusive right to modify the Software or any of its elements, to correct, adapt or make any update or upgrade of it.

 

(4) Payment

4.1 The amount to be paid by the Customer is displayed on the final page of the order process. The displayed prices are final prices and include value added taxes (where applicable).

4.2 The payment methods available are stated in the respective product description.

4.3 If prepayment is agreed, payment is due immediately after the conclusion of the contract.

 

(5) Termination

5.1 The Customer’s rights under this Agreement will automatically terminate if Customer fails to comply with any of the terms and conditions hereof. In such event, Customer must destroy all copies of the Products. Upon request of the Vendor, the Customer must provide evidence of deletion.

 

(6) Warranty

6.1 Vendor warrants that the Products will perform substantially in accordance with the specification when used on the recommended operating systems and hardware configuration.

6.2 Non-substantial variation of performance from the accompanying documentation does not establish a warranty right.

6.3 Vendor does not give any warranties for the following:

a) trials, evaluation, pre-release (beta version) and not for resale (NFR) copies of the Products;

b) Vendor and third-party web sites or online services;

c) any Products made available for free by Vendor via web download;

d) Warranties of merchantability and fitness for a particular purpose, regarding the Products or their use and operation alone or in combination with any product.

6.4 If the Software does not perform substantially in accordance with the accompanying documentation, the entire liability of Vendor and its affiliates and assigns and Customer’s exclusive remedy will be limited to either, at Vendor’s discretion, replacement of the Products or refund of the license fee you paid for the Products.

6.5 The statute of limitation for defects in software amounts to one year as of transfer of risk.

6.6 Rights and claims due to defects are fundamentally excluded for used software.

 

(7) Liability

7.1 Vendor shall only be fully liable for intent and gross negligence as well as damages caused by injury to life, body or health.

7.2 In an event of slight negligence, Vendor shall be liable only for breaches of a material contractual obligation (cardinal duty). A „cardinal duty“ in the sense of this provision is an obligation whose fulfillment makes the processing of this Agreement possible in the first place and on the fulfillment of which Customer may therefore generally rely.

7.3 In any of the above-mentioned cases, Vendor shall not be liable for any lack of commercial success, lost profits and indirect damages.

7.4 Liability in accordance with the above clauses shall be limited to the typical, foreseeable damages.

7.5 Except where otherwise stated in this Agreement, Vendor shall not be liable for any loss or damage or any costs, expenses or other claims including without limitation loss of profit, business, revenue, goodwill or anticipated savings, loss of any data or information and/or special or indirect loss or consequential loss or otherwise which arise out of or in connection with this Agreement.

 

(8) Applicable Law, Court of Jurisdiction

8.1 All legal relationships between the parties shall be construed in accordance with the laws of Germany, under exclusion of all material and procedural legal norms of other jurisdictions.

8.2 The exclusive place of jurisdiction for all disputes arising from this Agreement shall be the place of business of the Vendor. The Vendor is however entitled to invoke the courts at the place of business of the Customer.

End of the Terms of Sale

Last updated: December 1, 2013

Privacy Policy

1. An overview of data protection

General

The following gives a simple overview of what happens to your personal information when you visit our website. Personal information is any data with which you could be personally identified. Detailed information on the subject of data protection can be found in our privacy policy found below.

Data collection on our website

Who is responsible for the data collection on this website?

The data collected on this website are processed by the website operator. The operator’s contact details can be found in the website’s imprint.

How do we collect your data?

Some data are collected when you provide it to us. This could, for example, be data you enter on the Checkout Page within the purchase process, on your Account page or on a contact form.

Other data are collected automatically by our IT systems when you visit the website. These data are primarily technical data such as the browser and operating system you are using or when you accessed the page. These data are collected automatically as soon as you enter our website.

What do we use your data for?

Part of the data is collected to ensure the proper functioning of the website. During the ordering process, data such as name, address, email address, telephone number, VAT number are stored and linked to the purchase. This enables the automatic processing of your purchase and thus also the immediate download of files.
 The data stored during your purchase must be kept due to legal regulations (10 years at this stage). Other data can be used to analyze how visitors use the site.

What rights do you have regarding your data?

You always have the right to request information about your stored data, its origin, its recipients, and the purpose of its collection at no charge. You also have the right to request that it be corrected, blocked, or deleted. You can contact us at any time using the address given in the legal notice if you have further questions about the issue of privacy and data protection. You may also, of course, file a complaint with the competent regulatory authorities.

Analytics and third-party tools

When visiting our website, statistical analyses may be made of your surfing behavior. This happens primarily using cookies and analytics. The analysis of your surfing behavior is usually anonymous, i.e. we will not be able to identify you from this data. You can object to this analysis or prevent it by not using certain tools. Detailed information can be found in the following privacy policy.

You can object to this analysis. We will inform you below about how to exercise your options in this regard.

2. General information and mandatory information

Data protection

The operators of this website take the protection of your personal data very seriously. We treat your personal data as confidential and in accordance with the statutory data protection regulations and this privacy policy.

If you use this website, various pieces of personal data will be collected. Personal information is any data with which you could be personally identified. This privacy policy explains what information we collect and what we use it for. It also explains how and for what purpose this happens.

Please note that data transmitted via the internet (e.g. via email communication) may be subject to security breaches. Complete protection of your data from third-party access is not possible.

Notice concerning the party responsible for this website

The party responsible for processing data on this website is:

Laubwerk GmbH
August-Bebel-Strasse 27
14482 Potsdam
Germany

Vertretungsberechtigte Geschäftsführer:
Philip Paar (CEO) & Timm Dapper (CTO)
Company Registration No.: HRB 25937 P
Brandenburg District Court Potsdam

VAT ID: DE271596432

Telephone: +49.331.5856992.0
Email: shop@silva3d.com

The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (names, email addresses, etc.).

Revocation of your consent to the processing of your data

Many data processing operations are only possible with your express consent. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.

Right to file complaints with regulatory authorities

If there has been a breach of data protection legislation, the person affected may file a complaint with the competent regulatory authorities. The competent regulatory authority for matters related to data protection legislation is the data protection officer of the German state in which our company is headquartered. A list of data protection officers and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.

Right to data portability

You have the right to have data which we process based on your consent or in fulfillment of a contract automatically delivered to yourself or to a third party in a standard, machine-readable format. If you require the direct transfer of data to another responsible party, this will only be done to the extent technically feasible.

SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and for the protection of the transmission of confidential content, such as the inquiries you send to us as the site operator. You can recognize an encrypted connection in your browser’s address line when it changes from “http://” to “https://” and the lock icon is displayed in your browser’s address bar.

If SSL or TLS encryption is activated, the data you transfer to us cannot be read by third parties.

Encrypted payments on this website

If you enter into a contract which requires you to send us your payment information (e.g. account number for direct debits), we will require this data to process your payment.

Payment transactions using common means of payment (Visa/MasterCard, direct debit) are only made via encrypted SSL or TLS connections. You can recognize an encrypted connection in your browser’s address line when it changes from “http://” to “https://” and the lock icon in your browser line is visible.

In the case of encrypted communication, any payment details you submit to us cannot be read by third parties.

Information, blocking, deletion

As permitted by law, you have the right to be provided at any time with information free of charge about any of your personal data that is stored as well as its origin, the recipient and the purpose for which it has been processed. You also have the right to have this data corrected, blocked or deleted. You can contact us at any time using the address given in our legal notice if you have further questions on the topic of personal data.

3. Data collection on our website

Cookies

Some of our web pages use cookies. Cookies do not harm your computer and do not contain any viruses. Cookies help make our website more user-friendly, efficient, and secure. Cookies are small text files that are stored on your computer and saved by your browser.

Most of the cookies we use are so-called “session cookies.” They are automatically deleted after your visit. Other cookies remain in your device’s memory until you delete them. These cookies make it possible to recognize your browser when you next visit the site.

You can configure your browser to inform you about the use of cookies so that you can decide on a case-by-case basis whether to accept or reject a cookie. Alternatively, your browser can be configured to automatically accept cookies under certain conditions or to always reject them, or to automatically delete cookies when closing your browser. Disabling cookies may limit the functionality of this website.

Cookies which are necessary to allow electronic communications or to provide certain functions you wish to use (such as the shopping cart) are stored pursuant to Art. 6 paragraph 1, letter f of DSGVO. The website operator has a legitimate interest in the storage of cookies to ensure an optimized service provided free of technical errors. If other cookies (such as those used to analyze your surfing behavior) are also stored, they will be treated separately in this privacy policy.

Server log files

The website provider automatically collects and stores information that your browser automatically transmits to us in “server log files”. These are:

  • Browser type and browser version
  • Operating system used
  • Referrer URL
  • Host name of the accessing computer
  • Time of the server request
  • IP address

These data will not be combined with data from other sources.

The basis for data processing is Art. 6 (1) (f) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.

Registration on this website

You can register on our website in order to access additional functions offered here. The input data will only be used for the purpose of using the respective site or service for which you have registered. The mandatory information requested during registration must be provided in full. Otherwise, we will reject your registration.

To inform you about important changes such as those within the scope of our site or technical changes, we will use the email address specified during registration.

We will process the data provided during registration only based on your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.

We will continue to store the data collected during registration for as long as you remain registered on our website. Statutory retention periods remain unaffected.

Data transmitted when entering into a contract with online shops, retailers, and mail order

We transmit personally identifiable data to third parties only to the extent required to fulfill the terms of your contract, for example, to banks entrusted to process your payments. Your data will not be transmitted for any other purpose unless you have given your express permission to do so. Your data will not be disclosed to third parties for advertising purposes without your express consent.

The basis for data processing is Art. 6 (1) (b) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.

Data transferred when signing up for services and digital content

We transmit personally identifiable data to third parties only to the extent required to fulfill the terms of your contract with us, for example, to banks entrusted to process your payments.

Your data will not be transmitted for any other purpose unless you have given your express permission to do so. Your data will not be disclosed to third parties for advertising purposes without your express consent.

The basis for data processing is Art. 6 (1) (b) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.

Data collected by the hosting provider

Our hosting provider also collects and stores data, so-called server log files. Usually the IP address of the visitor, the corresponding date, the browser used and the country of origin are stored. Due to data protection guidelines on personal data, the IP addresses of the callers in the log files are made anonymous.

1&1 Internet SE; Elgendorfer Str. 57; 56410 Montabaur, Germany

4. Plugins and tools

YouTube

Our website uses plugins from YouTube, which is operated by Google. The operator of the pages is YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.

If you visit one of our pages featuring a YouTube plugin, a connection to the YouTube servers is established. Here the YouTube server is informed about which of our pages you have visited.

If you’re logged in to your YouTube account, YouTube allows you to associate your browsing behavior directly with your personal profile. You can prevent this by logging out of your YouTube account.

YouTube is used to help make our website appealing. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.

Further information about handling user data, can be found in the data protection declaration of YouTube under https://www.google.de/intl/de/policies/privacy.

Vimeo

Our website uses features provided by the Vimeo video portal. This service is provided by Vimeo Inc., 555 West 18th Street, New York, New York 10011, USA.

If you visit one of our pages featuring a Vimeo plugin, a connection to the Vimeo servers is established. Here the Vimeo server is informed about which of our pages you have visited. In addition, Vimeo will receive your IP address. This also applies if you are not logged in to Vimeo when you visit our website or do not have a Vimeo account. The information is transmitted to a Vimeo server in the US, where it is stored.

If you are logged in to your Vimeo account, Vimeo allows you to associate your browsing behavior directly with your personal profile. You can prevent this by logging out of your Vimeo account.

For more information on how to handle user data, please refer to the Vimeo Privacy Policy at https://vimeo.com/privacy.

Google Web Fonts

For uniform representation of fonts, this page uses web fonts provided by Google. When you open a page, your browser loads the required web fonts into your browser cache to display texts and fonts correctly.

For this purpose your browser has to establish a direct connection to Google servers. Google thus becomes aware that our web page was accessed via your IP address. The use of Google Web fonts is done in the interest of a uniform and attractive presentation of our website. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.

If your browser does not support web fonts, a standard font is used by your computer.

Further information about handling user data, can be found at https://developers.google.com/fonts/faq and in Google’s privacy policy at https://www.google.com/policies/privacy/.

5. Payment service providers

PayPal

Our website accepts payments via PayPal. The provider of this service is PayPal (Europe) S.à.r.l & Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg.

If you select payment via PayPal, the payment data you provide will be supplied to PayPal based on Art. 6 (1) (a) (Consent) and Art. 6 (1) (b) DSGVO (Processing for contract purposes). You have the option to revoke your consent at any time with future effect. It does not affect the processing of data previously collected.