Simplify3D S3D Version 3.1.0 Released

Forum for all things related to Simplify 3D Software
User avatar
Jimustanguitar
ULTIMATE 3D JEDDI
Posts: 2632
Joined: Sun Mar 31, 2013 1:35 am
Location: Notre Dame area
Contact:

Simplify3D S3D Version 3.1.0 Released

Postby Jimustanguitar » Tue Jun 07, 2016 10:42 pm

Release notes pasted directly from their site: https://www.simplify3d.com/software/release-notes/

Version 3.1.0

Added support for XYZprinting da Vinci 1.1 Plus, da Vinci 1.0 Pro, and da Vinci Jr. 1.0
Updated support for latest FlashForge Dreamer firmware and new FlashForge Finder 3D printer
New support for Bits-from-Bytes (BFB) file format including automatic flowrate control
New file format export options to streamline the creation and management of multiple file formats
Added support for line numbering and checksums during USB printing for real-time error checking and improved reliability
Numerous enhancements to USB printing for da Vinci machines including real-time preview tracking and progress reporting
Added support for Wi-Fi printing to da Vinci 1.1 Plus and da Vinci 1.0 Pro
Multiple process dialog now uses the previously selected processes as the default selection
More intuitive file extension prompts when exporting toolpaths into different file formats
New firmware configuration option for using software-based flow control
Cross-section tool now allows easy selection and editing of internal model features including interior support structures
Customized profiles created using the Configuration Assistant will now be compatible with the Dual Extrusion Wizard
Improved pre-heating sequence for multiple extruders
Improved retract-while-wiping performance for complex shapes and fill patterns
Improved retractions when creating multiple ooze shields and prime pillars
Continued improvements to the slicing engine for automatically handling models with slight defects or mesh errors
Improved filtering for small movements during toolpath generation
Improved support for latest Smoothieware firmware and USB communication protocols
Post-processing scripts can now contain commas
Post-processing comments in the gcode header will now be maintained to avoid extra line breaks or invalid commands
Improved warnings for firmware or machine settings that will be overriden by your process settings
New warning to prevent closing the software when an active print is running
New licensing improvements for easier management of software installations
Added over 30 new pre-configured profiles including the 3D Systems CubePro, BCN3D Sigma, bq Prusa i3 Hephestos 2, Cocoon Create 3D Printer, CTC Bizer Dual, E3D BigBox, LulzBot TAZ 6, MendelMax 3.0 Dual, Monoprice Maker Select, PowerSpec Ultra, Raise3D N2, re:3D Gigabot 2 XL and Gigabot 3 XL, Renkforce RF2000, Kossel Pro, Robo3D R1+, Turnigy Fabrikator and Fabrikator Mini, Ultimaker 2+, Ultimaker 2 Extended+, DeltaWASP 20×40, and DeltaWASP 40×70


I'm curious about the new cross section tool, retract while wiping and anti-ooze features, and the Smoothie support.

Downloading the update now, anybody else tried it yet?
I'll admit that I've let my own license sit unused for about a year, but I just launched the program again about a week ago and have been poking around since then. Maybe this will make it exciting.

User avatar
Jimustanguitar
ULTIMATE 3D JEDDI
Posts: 2632
Joined: Sun Mar 31, 2013 1:35 am
Location: Notre Dame area
Contact:

Re: Simplify3D S3D Version 3.1.0 Released

Postby Jimustanguitar » Tue Jun 07, 2016 10:45 pm

And the license agreement, if anyone's curious.

SIMPLIFY3D SOFTWARE - END USER LICENSE AGREEMENT

IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
Do not use or load this software and any associated materials until You have carefully read the following terms and conditions. By choosing or clicking "I Agree" (or similar) in the loading/installation of the Software, You acknowledge and accept the terms and conditions of this agreement ("Agreement"). If You do not agree, You shall not install or use the Software.

WARNING: This computer program is protected by copyright law both domestically and through international treaties. Unauthorized reproduction or distribution of this program, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.

This Software is owned and provided by Simplify3D LLC. ("Simplify3D," "We," or "Us"). Questions concerning this Software or its operation should be directed to the Contact Information contained in this Agreement. Use of the Software is offered to You conditioned on Your acceptance without modification of all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). Your use of the Software constitutes Your agreement to all Terms of Use; if You do not agree to these terms, do not use the Software. You agree to familiarize Yourself with the Terms of Use and to abide by them if and when You use the Software.

1. DEFINITIONS

"You" or "Your" as used herein means the person or company who is being licensed to use the Software, as defined below.

"Software" means all computer programs and documentation related to the Simplify3D Software by Simplify3D, which focuses on creating a complete integrated 3D printing toolchain from a single unified application.

"Term" shall be perpetual unless terminated in accordance with the terms of this Agreement or by mutual consent of the parties.

"User Seats" equals two (2).

2. PROPRIETARY RIGHTS

You acknowledge and agree that the materials contained in this Software are protected by and that title/ownership rights to the Software, including, but not limited to, copyrights, mask work rights, patents, trademarks, trade secrets, proprietary information and other intellectual property rights, as well as all copies thereof reside and shall remain in Simplify3D. You shall not allow others to use or have access to the Software, either directly or indirectly, and shall not make or allow others to make copies or reproductions of the Software in any form (e.g., executables or otherwise) without the prior written consent of Simplify3D. You shall maintain the confidentiality of the Software so as to prevent unauthorized disclosure or copying. You shall notify Simplify3D of any unauthorized use, copying or disclosure of the Software known to You.

Except for the use expressly authorized, You agree not to sell, transfer, license, modify, copy, reproduce, distribute, transmit, display, perform, publish, or create derivative works from such materials. You agree not to systematically retrieve data or other content from this Software for any purpose including, but not limited to, creating a collection, compilation, database, or directory without Simplify3D’s written permission. Downloading of any information, content or images from this Software (other than the end products the Software is designed to create does not transfer any right or ownership of such information, content or images to You, and such information, content or images may be used solely in accordance with the these Terms of Use.

You shall not, at any time copy, reverse engineer, disassemble the source or object code used in, or in any other fashion attempt to exploit the Software in any way or for any other purpose except as is permitted under this Agreement and to make an archival copy of the Software. All copies of the Software made by You as well as any output generated by the Software shall bear the proprietary markings (be they patent, copyright, trademark or trade secret) of Simplify3D borne by the copies transmitted or provided by Simplify3D or third party to You and in the same form and location as the original. All rights not expressly granted herein are reserved.

Simplify3D may terminate the Agreement for breach of any provision of this Section if You have not cured such breach to the satisfaction of Simplify3D within ten days after receipt of written notice describing the breach. This right of termination shall not preclude Simplify3D from recovering against You any damages Simplify3D may suffer as a result of such breach or from any legal and/or equitable remedies.

The Software and any later improvements, upgrades, or repairs thereto, constitute proprietary property of Simplify3D. In the event that You contribute in any degree to such improvements, upgrades, or repairs, you hereby grant to Simplify3D the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, reviews or comments, or other information communicated to Simplify3D regarding the Software (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Simplify3D will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Simplify3D operations or products.

You agree that Your use of the Software is a license and not a sale of the Software. You agree that the contents of the Software including, but not limited to, graphics, media files, text, editorial content, notices, software and other material contain proprietary information and are protected by applicable United States and foreign intellectual property and other laws, including but not limited to trade secrets, copyrights, trademarks, and patents. You may not seek by any means to obtain any materials or information through the Software not intentionally made available to You through the Software.
You agree that You will not:
- Attempt to gain access to any portion of this Software, any computer, server, account, network, software, or hardware associated with this Software, from which You are restricted.
- Violate any applicable laws or regulations.
- Use the Software for any purpose prohibited by this Agreement.

Nothing herein shall reduce or modify Simplify3D’s ownership of the Software.

3. LICENSE GRANT

Simplify3D hereby grants to You a non-exclusive, non-transferable limited license to install and utilize the Software on a concurrent user basis for the Term. You may install the software on multiple computers that You own equal to the number of User Seats purchased by You. You are expressly prohibited from sublicensing, selling, renting, leasing, acting as a service bureau for the production of instructions or intermediate output of the Software (but not for the production of physical end products derived from the Software) or otherwise distributing the Software or making any use prohibited by law.

4. DELIVERY

Simplify3D shall make the Software available to You via download through the Simplify3D website ("Site"). Each computer on which the Software is installed (up to the number of User Seats) must be registered and activated via Your product key. If you wish to move the Software to an alternative computer, you must deactivate Your product key and delete the Software from enough computers to compensate for the alternative computers chosen or purchase additional User Seats. Any additional computers must be registered and activated before the Software will work.

5. SUPPORT & ERROR CORRECTION

Simplify3D is under no obligation, whatsoever, to provide patches, bug fixes or other updates to the Software. Simplify3D may, at it its sole option, provide patches, bug fixes or other minor updates ("Patches & Fixes") for the Software free of charge. If Patches & Fixes are provided, Simplify3D grants to You a non-exclusive perpetual fully paid up license to utilize the Patches & Fixes in conjunction with the Software. All Patches & Fixes shall be the sole property of Simplify3D and, once issued, shall be considered part of the Software and subject to all of the terms and conditions of this Agreement.

6. INJUNCTIVE RELIEF

You acknowledge that the unauthorized use, transfer or disclosure of the Software and Documentation or copies thereof will: (1) substantially diminish the value to Simplify3D of the trade secrets and other proprietary interests that are the subject of this Agreement; (2) render Simplify3D's remedy at law for such unauthorized use, disclosure or transfer inadequate; and (3) cause irreparable injury in a short period of time. If You breach any of its obligations with respect to the use or confidentiality of the Software or Documentation, Simplify3D shall be entitled to equitable relief to protect its interests therein, including, but not limited to, preliminary and permanent injunctive relief.

7. POST TERMINATION

Upon the expiration or termination of this Agreement, all rights granted to You under this Agreement shall forthwith terminate and immediately revert to Simplify3D and You shall discontinue all use of the Software. Simplify3D may require that You transmit to Simplify3D or destroy, at no cost, all material relating to the Software.

8. SECURITY

Any user names and/or passwords used for this Software are for individual use only. You will be responsible for the security of Your user name and/or password (if any). Simplify3D will be entitled to monitor Your password and, at its discretion, require You to change it. If You use a password that Simplify3D considers insecure, Simplify3D will be entitled to require the password to be changed and/or terminate Your account.

You agree to provide true, accurate, current and complete information in connection with the licensing of this Software. If You provide Simplify3D any information that is false, inaccurate, out of date, or incomplete, or Simplify3D has reasonable grounds to suspect that such information is false, inaccurate, out of date, or incomplete, Simplify3D may suspend or terminate Your access to this Software. Additionally, the Software may be configured to check Your product key by connecting with a Simplify3D server to verify its validity. Simplify3D will not collect any personally identifiable information from your computer during this process. Simplify3D will keep Your name/e-mail address on file to enable communication with You. Simplify3D may also automatically gather and store certain information in connection with the use of the Software. This information may include location information, technical information and related data about Your usage of the Site including, but not limited to, the frequency of use or aspects of the Software utilized, date/time stamp, and clickstream data. We may collect and store this information on an individual basis and in aggregate, or combined, form. We may use one or more third-party tracking services to track non-personally identifiable information about visitors who download the Software from the Site in the aggregate. These third-party services may use JavaScript, pixels, transparent GIF files, and other means to enable us to learn which advertisements bring users to our App. Any information we track in this manner is anonymous, limited to usage and volume statistics, and is used to provide insight into the effectiveness of our online marketing initiatives and strategies. User acknowledges and agrees that Simplify3D may utilize a third party licensing service that tracks the license usage for each customer. This includes their IP address, time of activation, and their operating system (Mac, Windows, or Linux). User acknowledges and agrees that Simplify3D may also use analytics and other trackers on the website that log IP addresses and activity on the site (button clicks, pages visited, etc). Simplify3D is entitled to transfer such data in an anonymous format to its affiliates, subsidiaries and to third parties for market research purposes and for measuring the usage of the Software and of the advertisements displayed (channel switch ads, banners, links etc.) and the page views generated on the Site. User acknowledges and confirms that for the purposes described above Simplify3D may transfer and export the data to parties which are located in foreign countries even if such country does not offer the same level of data protection as that in which the member may be resident. Additionally, User acknowledges and confirms that Simplify3D may make such personal data available to state authorities in the event of illegal activities, violations of this EULA or in case public security is at risk.

9. NO REPRESENTATIONS OR WARRANTIES

Simplify3D makes no representations or warranties that this Software is free of defects, viruses or other harmful components. Simplify3D shall not be responsible for any damages or loss that may result from the hacking or infiltration of this Software or associated computer systems and data servers. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS SOFTWARE AND YOU AGREE TO HOLD SIMPLIFY3D HARMLESS FROM, AND YOU COVENANT NOT TO SUE SIMPLIFY3D FOR, ANY CLAIMS BASED ON THE USE OF THIS SOFTWARE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS SOFTWARE. THE SOFTWARE MAY CONTAIN TECHNICAL INACCURACIES, OUTDATED INFORMATION AND TYPOGRAPHICAL ERRORS. ALL MATERIALS, INFORMATION, SOFTWARE, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE." SIMPLIFY3D DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SIMPLIFY3D MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE SOFTWARE FOR ANY PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU. NO AGENT OF SIMPLIFY3D IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF SIMPLIFY3D AS SET FORTH HEREIN. ANY IMPLIED WARRANTIES THAT CANNOT BE EXCLUDED ARE LIMITED TO 30 DAYS OR TO THE SHORTEST PERIOD PERMITTED BY THE APPLICABLE LAW, WHICHEVER IS GREATER.

10. DISCLAIMER OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL SIMPLIFY3D OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THIS SOFTWARE, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SIMPLIFY3D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT THE CONSIDERATION WHICH SIMPLIFY3D IS CHARGING HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY SIMPLIFY3D OF THE RISK OF LICENSEE'S CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH LICENSEE'S USE OF THE SOFTWARE AND DOCUMENTATION. IN ANY CASE, SIMPLIFY3D’S ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE LICENSE TO THE SOFTWARE OR $500.00 US DOLLARS. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; SIMPLIFY3D’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. The essential purpose of this provision is to limit the potential liability of Simplify3D arising out of this Agreement. The parties acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with the license of the Software and that, were Simplify3D to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher. If You are dissatisfied with any portion of the Software, Your sole remedy is to cease using it.

11. INDEMNITY

You agree to defend, indemnify, and hold harmless Simplify3D and its employees, agents, directors, officers and shareholders, from and against all liabilities, claims, damages, and expenses (including without limitation reasonable attorneys’ fees and costs) arising out of Your use of this Software, Your breach of this agreement, or Your infringement of the intellectual property rights of third parties.

12. TERMINATION

Simplify3D may terminate this Agreement for breach of any section of this Agreement if You have not cured such breach to the satisfaction of Simplify3D with 10 days after receipt of written notice describing the breach. This right of termination shall not preclude Simplify3D from asserting and obtaining against You any damages Simplify3D may suffer as a result of such breach or from any legal and/or equitable remedies. Simplify3D shall not be held liable to You or any third-party for any termination of Your access to this Software.

13. GOVERNMENT RIGHTS

If used or acquired by the United States Government, the Government acknowledges that (a) the Software constitutes "commercial computer software" or "commercial computer software documentation" for the purposes of 48 C.F.R. 12.212 and 48 C.F.R. 227.7203-3, as applicable and (b) the Government rights are limited to those specifically granted pursuant to these Terms of Use. The contractor/manufacturer is Simplify3D LLC. Contact Information is provided at the end of this agreement.

14. EXPORT/IMPORT/RE-EXPORT

You acknowledge that the export, and use of certain hardware, software and technical data provided hereunder is regulated by the United States and other governments and You agree to comply with all applicable laws and regulations. You agree not to export or re-export directly or indirectly any equipment, software, software releases or related technical data or information without first obtaining any required license(s) or governmental approvals.

15. GENERAL

This Agreement shall be given effect to the fullest extent permissible by law. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and this agreement shall be construed to give maximum legal effect to the intent expressed herein.

This agreement is governed by, and construed in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of the courts of the State of Ohio or, if appropriate, the United States District Court for the Southern District of Ohio for the resolution of all disputes arising out of or relating to the use of this Software and the associated services. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this software or the software license pertaining to this agreement.
Simplify3D may assign this agreement, in whole or in part, at any time.

This Agreement constitutes the entire agreement between Simplify3D and You with respect to this Software, and these agreements supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between Simplify3D and You with respect to the Software. As such, these terms of use represent the entire understanding relating to the use of this Software and prevail over any prior or contemporaneous, conflicting or additional communications.

Simplify3D’s performance of this Agreement is subject to existing laws and legal process. Nothing contained in this Agreement is in derogation of Simplify3D’s right to comply with governmental, court and law enforcement requests relating to Your use of the Software, or information collected by Simplify3D in connection with such use.

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this Software is strictly prohibited. Simplify3D reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Simplify3D may have.

The Simplify3D may change the terms of this Agreement from time to time. You agree to check the Simplify3D's website, where the latest copy of the Agreement will be posted, for any material changes. You expressly agree that the continued use of any software provided by the Simplify3D after the effective date of any change will constitute your consent to any such revised Agreement. If at any time You do not accept any such revision, You must remove the Software from the computer it was installed on. If You do not remove the Software, this will indicate acceptance of the current Agreement, as posted on the Simplify3D's website for the Software.
The provisions which, by their nature, should survive termination of this Agreement shall do so.

16. RESERVATION OF RIGHTS

All rights not expressly granted herein are reserved exclusively and entirely to Simplify3D.

17. Contact Information

Questions about these Terms of Use should be directed to:

Contact Name: Legal Dept, Simplify3D
Attn: Terms of Use Inquiry
Email Address: legal@simplify3d.com

--- END OF AGREEMENT ---

User avatar
CodonExe
Printmaster!
Posts: 54
Joined: Sat Jan 30, 2016 10:44 pm

Re: Simplify3D S3D Version 3.1.0 Released

Postby CodonExe » Wed Jun 08, 2016 7:53 pm

How did you know we are in the mood for a good read! :lol:
Installing now..
Rostock Max V2, Duet Wifi, IR Probe, PanelDue 7" LCD, Heated Enclosure, Firestop cans, Thermally Fused 12v E3D V6, Berd Air, Floating Thermally fused 24v Bed, Aluminum heat spreader, PEI, Dual 12v PSUs in series.

Mac The Knife
ULTIMATE 3D JEDDI
Posts: 1325
Joined: Sun May 11, 2014 6:18 pm

Re: Simplify3D S3D Version 3.1.0 Released

Postby Mac The Knife » Wed Jun 08, 2016 9:18 pm

To bad it doesn't uninstall the previous version when it installs. I discovered a few previous installations that needed to be removed.
R-Max V2
Eris
Folger Tech FT-5 R2

User avatar
bot
Printmaster!
Posts: 993
Joined: Thu Sep 25, 2014 12:18 am
Location: Vancouver
Contact:

Re: Simplify3D S3D Version 3.1.0 Released

Postby bot » Wed Jun 08, 2016 10:00 pm

Mac, that's a feature not a bug. With new versions come new bugs, and if you depended on the workflow you were used to with a previous version, it's best to have it installed still.
*not actually a robot

User avatar
Windshadow
Printmaster!
Posts: 504
Joined: Mon Nov 30, 2015 6:35 pm
Location: Mid Coast Maine

Re: Simplify3D S3D Version 3.1.0 Released

Postby Windshadow » Thu Jun 09, 2016 9:41 am

I wonder just how enforceable a click to accept contract as complex as this one is in actual fact.... it does not seem to me to pass the reasonable man test they taught in a coarse on the Uniform commercial code i took at university back in the 1960s.

But I guess it would take someone with deep pockets to test it... and that would require Mr. deep pockets to break it in just the right way for Simplify to sue him... doubtful that they would be dumb enough to do that. I seem to recall a story where someone with a sense of humor deeply embedded a clause about forfeiting your first born child if the user accepted the agreement . It took months for someone to notice. but i guess tat could be something from the Onion.

Then testing it this way would need to be done in a lot of jurisdictions.... i seem to recall something about Louisiana benign a special case for the UCC but its all very hazy and a long time ago.

So are click through to accept things, like this monstrosity above, truly enforceable ?

User avatar
Xenocrates
ULTIMATE 3D JEDDI
Posts: 1493
Joined: Wed Sep 23, 2015 2:55 pm

Re: Simplify3D S3D Version 3.1.0 Released

Postby Xenocrates » Thu Jun 09, 2016 11:21 am

Windshadow wrote:I wonder just how enforceable a click to accept contract as complex as this one is in actual fact.... it does not seem to me to pass the reasonable man test they taught in a coarse on the Uniform commercial code i took at university back in the 1960s.

But I guess it would take someone with deep pockets to test it... and that would require Mr. deep pockets to break it in just the right way for Simplify to sue him... doubtful that they would be dumb enough to do that. I seem to recall a story where someone with a sense of humor deeply embedded a clause about forfeiting your first born child if the user accepted the agreement . It took months for someone to notice. but i guess tat could be something from the Onion.

Then testing it this way would need to be done in a lot of jurisdictions.... i seem to recall something about Louisiana benign a special case for the UCC but its all very hazy and a long time ago.

So are click through to accept things, like this monstrosity above, truly enforceable ?


It's enforcable, except where it isn't. the clause
This Agreement shall be given effect to the fullest extent permissible by law. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and this agreement shall be construed to give maximum legal effect to the intent expressed herein.

specifies this. So for example, the second section, paragraphs two and three, containing the following lines,
All copies of the Software made by You as well as any output generated by the Software shall bear the proprietary markings (be they patent, copyright, trademark or trade secret) of Simplify3D borne by the copies transmitted or provided by Simplify3D or third party to You and in the same form and location as the original. All rights not expressly granted herein are reserved.

Except for the use expressly authorized, You agree not to sell, transfer, license, modify, copy, reproduce, distribute, transmit, display, perform, publish, or create derivative works from such materials.

Would be just as valid as they are at the outset, even if this line is found to be bunk:
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this software or the software license pertaining to this agreement.
. Also of concern is this:
The Simplify3D may change the terms of this Agreement from time to time. You agree to check the Simplify3D's website, where the latest copy of the Agreement will be posted, for any material changes. You expressly agree that the continued use of any software provided by the Simplify3D after the effective date of any change will constitute your consent to any such revised Agreement. If at any time You do not accept any such revision, You must remove the Software from the computer it was installed on. If You do not remove the Software, this will indicate acceptance of the current Agreement, as posted on the Simplify3D's website for the Software.
The provisions which, by their nature, should survive termination of this Agreement shall do so.

Which seems to say that even if you have not seen or been notified of their license agreement, that if you continue to use the software, or even don't uninstall it, then you have in effect agreed to the changes. It also states that at least some provisions survive termination, without delimiting them beyond "By their nature". I would prefer to see a list of provisions, as it wouldn't be that hard.


More humorously, there was a company which gave away prizes to the first thousand people who read their entire EULA, and I've seen tech support work orders with fine print saying you sign over your soul in exchange. So there probably are a number of clauses like that is some EULA's. Personally, I preferred it when the seals saying you agreed to the license were on the packaging, as I found clever ways to get around the shrink-wrap licensing, such as tearing open the opposite end of a package from where the seal was, or if it simple said tear or break rather than remove, steaming it off with a kettle. Those were on their way out when I got into computers though, unfortunately.
Machines:
Rostock Max V2, 760W corsair modular PSU, PT100 enabled E3D V6 and volcano, self adjusting carriages, Raymond style enclosure
Automation Technology 60W laser cutter/engraver

Sic Transit Gloria Mundi
01-10011-11111100001

User avatar
Windshadow
Printmaster!
Posts: 504
Joined: Mon Nov 30, 2015 6:35 pm
Location: Mid Coast Maine

Re: Simplify3D S3D Version 3.1.0 Released

Postby Windshadow » Thu Jun 09, 2016 3:25 pm

Iam not a lawyer nor do I play one on TV or stay at the right motel chain but I was taught that there is a principal in law called the reasonable man defense that would toss out the whole mess no matter what the claim or assert about severability that they try to assert...

I think these things are written to be used as a club to get people to settle out of court before a formal court action is started... that is what I was getting at in finding someone with deep pocket to get them to be dumb enough to actually sue him and through the court system get things like this thrown out as unenforceable garbage.

noventix
Printmaster!
Posts: 40
Joined: Mon Feb 22, 2016 8:56 pm

Re: Simplify3D S3D Version 3.1.0 Released

Postby noventix » Thu Jun 09, 2016 9:45 pm

Who reads these damn things?!?!?! (other than Xenocrates!) :D
Rostock Max V2. E3D V6 Hotend. E3D Titan Extruder. TrickLaser Carbon Fiber 300mm Arms. TrickLaser MaxMetal Platform. TrickLaser Trick Trucks. TrickLaser Heat Spreader. TrickLaser LED Light Ring. MeanWell SP-500-24. Simplify3D.

Mac The Knife
ULTIMATE 3D JEDDI
Posts: 1325
Joined: Sun May 11, 2014 6:18 pm

Re: Simplify3D S3D Version 3.1.0 Released

Postby Mac The Knife » Thu Jun 09, 2016 9:57 pm

noventix wrote:Who reads these damn things?!?!?! (other than Xenocrates!) :D


In My Opinion, the majority of EULAs are written to be able to go after the flagrant abusers of the software. Thanks to the over abundance of unemployed lawyers. And, from what Xenocrates admitted to doing, people like him.
R-Max V2
Eris
Folger Tech FT-5 R2

User avatar
Xenocrates
ULTIMATE 3D JEDDI
Posts: 1493
Joined: Wed Sep 23, 2015 2:55 pm

Re: Simplify3D S3D Version 3.1.0 Released

Postby Xenocrates » Thu Jun 09, 2016 11:41 pm

Mac The Knife wrote:
noventix wrote:Who reads these damn things?!?!?! (other than Xenocrates!) :D


In My Opinion, the majority of EULAs are written to be able to go after the flagrant abusers of the software. Thanks to the over abundance of unemployed lawyers. And, from what Xenocrates admitted to doing, people like him.


Hey, they can't go after me on those points. I never agreed to the EULA! :lol:

More seriously, I don't usually read them. I only bothered with this one because I had heard of simplify claiming to own your G-code in the past. And there appears to be a similar claim that the output has rights that they reserve on it,

Code: Select all

All copies of the Software made by You as well as any output generated by the Software shall bear the proprietary markings (be they patent, copyright, trademark or trade secret) of Simplify3D borne by the copies transmitted or provided by Simplify3D or third party to You and in the same form and location as the original. All rights not expressly granted herein are reserved.


I am very much not a fan of things like that, so once the license started being questioned, I figured I ought to highlight it, especially after I found the clause I had specifically gone looking for (The one about any invalid portions not invalidating the rest, which Windshadow seemed to ask about)
Machines:
Rostock Max V2, 760W corsair modular PSU, PT100 enabled E3D V6 and volcano, self adjusting carriages, Raymond style enclosure
Automation Technology 60W laser cutter/engraver

Sic Transit Gloria Mundi
01-10011-11111100001

Mac The Knife
ULTIMATE 3D JEDDI
Posts: 1325
Joined: Sun May 11, 2014 6:18 pm

Re: Simplify3D S3D Version 3.1.0 Released

Postby Mac The Knife » Fri Jun 10, 2016 7:06 am

Yeah, somehow I can see them gathered around the bar, worried that some kid will set up a table on a sidewalk, selling gcode. Alcohol must have been involved.
R-Max V2
Eris
Folger Tech FT-5 R2

User avatar
geneb
ULTIMATE 3D JEDDI
Posts: 4638
Joined: Mon Oct 15, 2012 12:47 pm
Location: Graham, WA
Contact:

Re: Simplify3D S3D Version 3.1.0 Released

Postby geneb » Fri Jun 10, 2016 8:05 am

EULAs have the same value as toilet paper and should be used for the same purpose. :D

I pay my money and don't violate your copyright. If you want more than that, it's going to cost you. Heavily. :)

g.
Delta Power!
Defeat the Cartesian Agenda!
http://www.f15sim.com - 80-0007, The only one of its kind.
http://geneb.simpits.org - Technical and Simulator Projects


Return to “Simplify3D”

Who is online

Users browsing this forum: No registered users and 1 guest