Effective Date: December 2, 2025
1. Definitions
1.1. Software: Proprietary software applications developed by 3D-Tool GmbH & Co. KG, including all components, documentation, and executable files provided under license.
1.2. License: The rights of use granted to the customer for the Software, as specified in the End User License Agreement (EULA).
1.3. Specifications: The scope, features, and requirements of the Software as described in the official documentation and service description.
1.4. Customer: The purchaser of Software from 3D-Tool USA.
1.5. Reseller: 3D-Tool USA, acting as an authorized distributor of the Software in the United States.
2. Scope and Applicability
2.1. These General Terms and Conditions (“GTC”) apply exclusively to transactions between 3D-Tool USA and customers located in the United States and non-EU countries. 3D-Tool USA does not sell or deliver Software to any customer located in the European Union.
2.2. The terms herein do not override or modify the End User License Agreement (EULA) provided by 3D-Tool GmbH & Co. KG. All customers are bound by the EULA as a condition of purchase and use.
3. Pricing, Taxes, and Payment Terms
3.1. All prices are exclusive of applicable taxes and duties. Minnesota residents will be charged 6.875% sales tax on all purchases. Additional Minnesota county/city/local sales taxes will be paid by 3D-Tool USA.
3.2. Customers outside Minnesota are responsible for payment of all duties and taxes to their local jurisdictions.
3.3. 3D-Tool USA reserves the right to request advance payment for any order.
3.4. Payment may be made by credit card (via secure third-party processors) or company purchase order, as specified at checkout.
4. Order Process and Contract Formation
4.1. Orders may be placed via email, fax, mail, or through the online shop. An order constitutes a binding offer to purchase, but the contract is only formed upon confirmation by 3D-Tool USA or delivery of the Software.
4.2. Automatically generated order confirmations do not constitute acceptance of the order.
4.3. Order data and contract terms are stored electronically for internal purposes. Customers may request a copy of their order and applicable terms at any time.
5. Cancellation and Third-Party Orders
5.1. Licenses ordered by mistake may be canceled or changed within five (5) days of contract formation, provided the activation keys have not been used. Written notice (email or fax) is required for cancellation.
5.2. Orders placed on behalf of third parties must disclose the representation and the identity of the person/company being represented. License certificates will be issued directly to the represented party; representatives will not receive a license.
6. Trial Keys and Usage Restrictions
6.1. Customers may request a one-time free Trial Key to test the Software. Commercial use and production use of the Software during the trial period are strictly prohibited.
7. Intellectual Property and Documentation
7.1. All Software documentation is protected by copyright. Customers may use documentation only for their own use in connection with the Software. Modification, publication, rental, or removal of copyright notices is prohibited without written consent.
8. Inspection and Notice of Defects
8.1. Customers must inspect all delivered goods and services immediately upon receipt and notify 3D-Tool USA of any defects without delay. Failure to provide timely notice may result in forfeiture of warranty claims for such defects.
9. Warranty, Liability, and Statute of Limitations
9.1. Warranty claims are limited to the specifications of the Software and applicable law. 3D-Tool USA provides no representations or warranties, express or implied, including implied warranties of fitness for a particular purpose.
9.2. Liability for any claims, whether in contract or tort, is limited to the actual price paid for the product. In no event will 3D-Tool USA be liable for indirect, special, or consequential damages, including lost profits or business interruption.
9.3. The statute of limitations for all warranty and damage claims is twelve (12) months from delivery, except as otherwise required by law.
10. Export Controls
10.1. General Compliance
The Software is subject to the export control laws and regulations of the United States, the United Kingdom, the Federal Republic of Germany, and the European Union. Customers are solely responsible for compliance with all applicable export control regulations in connection with their use, transfer, or export of the Software.
10.2. Prohibited Destinations and End Uses
The Software may not be exported, re-exported, or transferred to:
10.3. Denied Parties and Restricted Lists
The Software may not be made available to end users or companies that are listed on any of the following BIS lists:
10.4. Customer Obligations
Customers shall independently monitor and comply with all obligations and requirements arising out of applicable export control laws and regulations. Customers shall initiate and carry out any necessary procedures, obtain required permits, and provide such permits to 3D-Tool USA upon request.
10.5. Indemnification
Customers shall indemnify and hold harmless 3D-Tool USA and 3D-Tool GmbH & Co. KG against all claims, damages, fines, and costs arising from the customer's violation of export control regulations.
10.6. Additional Costs
If additional costs for customs, fees, taxes, or duties are payable in the course of a transnational delivery or performance, the customer shall bear these costs. The customer shall be liable for and shall bear all taxes and dues incurred in their country, even if 3D-Tool USA or 3D-Tool GmbH & Co. KG is the debtor of such taxes and dues.
10.7. EU Sales Exclusion
3D-Tool USA does not sell or deliver Software to any customer located in the European Union.
11. Governing Law, Jurisdiction, and Severability
11.1. All agreements are governed by the laws of the State of Minnesota and the United States, without regard to conflict of law principles.
11.2. Any disputes arising out of these terms shall be resolved by binding arbitration pursuant to the rules of the American Arbitration Association, to be held in a mutually agreeable location.
11.3. If any provision of these GTC is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12. Privacy and Data Security
12.1. 3D-Tool USA complies with all applicable US privacy laws regarding the collection, processing, and storage of customer data. Payment information is processed securely by third-party providers; 3D-Tool USA does not retain credit card or account information.
12.2. Customers may request information about the handling of their personal data at any time.
13. Miscellaneous
13.1. The contractual language is English.
13.2. These GTC constitute the entire agreement between 3D-Tool USA and the customer regarding the purchase of Software, superseding all prior communications.
Contact Information:
3D-Tool USA
21200 93rd Ave N, Corcoran, MN, 55340
support@3d-tool-usa.com
+1 763-772-5965
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