Terms and Conditions

Intellectual Property Rights 

“Intellectual Property” shall mean any rights on inventions, patents, the Software, utility models, designs, trademarks, trade or business names, domain names, software, databases, copyright works, know-how, processes, product information, trade secrets or any other type of literary, artistic or scientific creations capable of being protected as a work of Intellectual Property under any applicable law, whether registerable or not in any country.

We shall remain the exclusive owner on all and any Intellectual Property rights, whether registered or not which are owned, belong, or are licensed to us. You shall not be entitled to exploit, directly or indirectly, any of the Intellectual Property rights of TRC without the prior written consent of TRC.

Not withstanding the foregoing, we grant you a limited license to use the Software on a non-exclusive and royalty free basis, for the duration of the paid subscription or free trial period, and only to the extent license can be revocable at any time by us and, in any case, the license is conditioned to the compliance with the terms and conditions established. The license shall in no way be construed as an authorization to transform, exploit, reproduce, disseminate, assign, or commercialize, partially or in full in any such manner or used contrary to their nature and/or destination of the Software. 

You acknowledge and warrant that by any means will: i. reverse engineer, decompile, disassemble, or work around technical limitations in the Software or any Intellectual Property of TRC, except to the extent that applicable law permits it despite these limitations; ii. disable, tamper with, or otherwise attempt to circumvent any mechanism that limits its use of the Software or any Intellectual Property of TRC; iii. rent, lease, lend, resell, transfer, or sublicense the Software or any Intellectual Property of TRC (or portion thereof) to or for third parties; iv. use the Software or any Intellectual Property of TRC for any purpose that is unlawful or prohibited by this Agreement or not expressly permitted by this Agreement; 

You own the 3D content and files that you upload and publish on the Service (“Customer Content”) to the Service except when that content has been created by us, free of charge, with the purpose of a free trial to the software platform. For the latter, we will also own the intellectual property.  By using the Service, you grant us a worldwide right and license to use the Customer Content and the 3D models for the purpose of providing you with the Service.

We shall have a right, at our sole discretion, to accept or reject any 3D models to/from the Catalog or App that we may find inappropriate or illegal.

You are responsible for any Customer Content submitted to the Service and that it complies with any applicable laws and does not violate any third-party intellectual property rights. You also warrant that you are entitled to provide the Customer Content to us, and we have the right to use it for the purpose of the service.

Non-Disclosure Agreement

This AGREEMENT is made by and between TRC Global Media Services SL (the ‘Disclosing Party’ from now onwards), and the Applicant (the ‘Receiving Party’ from now onwards), and It binds the Customer.

The Company possesses competitively valuable Confidential Information (as hereinafter defined) regarding its current IT products and related services, and any future products and related services, research and development of its own.

    The Receiving Party understands that the Disclosing Party has disclosed or may disclose information related to Software Solution Development, which to the extent previously, presently, or subsequently disclosed to the Receiving Party is hereinafter referred to as "Proprietary Information" of the Disclosing Party.
  • In consideration of the disclosure of Proprietary Information by the Disclosing Party, the Receiving Party hereby agrees: (i) to hold the Proprietary Information in strict confidence and to take all reasonable precautions to protect such Proprietary Information (including, without limitation, all precautions the Receiving Party employs concerning its confidential materials), (ii) not to disclose any such Proprietary Information or any information derived therefrom to any third party/person, (iii) not to make any use whatsoever at any time of such Proprietary Information except to evaluate internally its relationship with the Disclosing Party, and (iv) not to copy or reverse engineer any such Proprietary Information. The Receiving Party shall procure that its employees, agents, and sub-contractors to whom Proprietary Information is disclosed or who have access to Proprietary Information sign an NDA or similar agreement in content substantially similar to this Agreement.
  • Without granting any right or license, the Disclosing Party agrees that the foregoing shall not apply concerning any information after 5 years following the disclosure thereof or any information that the Receiving Party can document (i) is or becomes (through no improper action or inaction by the Receiving Party or any affiliate, agent, consultant or employee) generally available to the public, or (ii) was in its possession or known by it before receipt from the Disclosing Party as evidenced in writing, except to the extent that such information was unlawfully appropriated, or (iii) was rightfully disclosed to it by a third party, or (iv) was independently developed without the use of any Proprietary Information of the Disclosing Party. The Receiving Party may make disclosures required by law or court order provided the Receiving Party uses diligent reasonable efforts to limit disclosure and has allowed the Disclosing Party to seek a protective order.
  • Immediately upon the written request by the Disclosing Party at any time, the Receiving Party will return to the Disclosing Party all Proprietary Information and all documents or media containing any such Proprietary Information and any copies or extracts thereof, save that where such Proprietary Information is a form incapable of return or has been copied or transcribed into another document, it shall be destroyed or erased, as appropriate.
  • The Receiving Party understands that nothing herein (i) requires the disclosure of any Proprietary Information or (ii) requires the Disclosing Party to proceed with any transaction or relationship.
  • The Receiving Party further acknowledges and agrees that no representation or warranty, express or implied, is or will be made, and no responsibility or liability is or will be accepted by the Disclosing Party, or by any of its respective directors, officers, employees, agents or advisers, as to, or concerning, the accuracy or completeness of any Proprietary Information made available to the Receiving Party or its advisers; it is responsible for making its evaluation of such Proprietary Information.
  • The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. If any part, term, or provision of this Agreement is held to be illegal or unenforceable neither the validity nor enforceability of the remainder of this Agreement shall be affected. Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party. This Agreement may not be amended for any other reason without the prior written agreement of both Parties. This Agreement constitutes the entire understanding between the Parties relating to the subject matter hereof unless any representation or warranty made about this Agreement was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations, or understandings with respect thereto.
  • This Agreement shall be governed by the laws of the jurisdiction of Madrid, Spain and the parties agree to submit disputes arising out of or in connection with this Agreement to the non-exclusive of the courts in the Territory.
  • The Receiving Party understands that it will not share details of the Disclosing Party’s internal team and/or organization and/or take any direct or indirect actions to alter them.
  • The Receiving party cannot compete with the Disclosing party by (i) setting up directly competing business organizations, working for companies in the very same line of industry, or passing The Disclosing Party´s information and knowledge to any other entity. (ii) The Receiving Party cannot establish side contact with any customer from The Disclosing Party.
  • Intellectual Property and Confidentiality. All copyright, trademark, trade secrets, and other intellectual property rights in the Disclosing Party's 3D&Augmented Reality solution to which you've granted access through a free trial period shall remain at all times the sole and exclusive property of the Disclosing Party and you shall have no right or interest in the 3D/AR solution or the information contained therein except for the right to access and use for market prospection and promotion within Spain. You acknowledge that the Disclosing Party’s platform is confidential and has been developed through the expenditure of substantial skill, time, effort, and money. You will protect the confidentiality of the Disclosing Party by allowing access to the 3D&AR cloud solution only to your employees and agents on a need-to-access basis. You will not publish, distribute, or otherwise make available to third parties any information derived from or relating to the Disclosing Party’s solution unless mutually agreed. You will not copy, modify, decompile, reverse engineer, and make derivative works of the Disclosing Party’s 3D/AR solution or any information contained therein.

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