End User License Agreement — ValTerra for Autodesk 3ds Max

The short version

This box is a plain-English summary for orientation only. It is not part of this agreement and it is not binding. The numbered clauses below govern, and where the summary and a clause differ, the clause wins.

• You buy a perpetual license to use ValTerra: one Seat per machine. The software itself is licensed, not sold.
• Each paid Seat includes 12 months of updates. When that period ends you keep the last version released inside it, for as long as you like. Renew only if you want newer ones.
• A 30-day Trial and a free Lite tier exist so you can evaluate the software before you pay.
• What you make with ValTerra is yours. We claim no rights in your scenes, renders, panoramas or camera data.
• The globe and the photorealistic features run on a credential you hold yourself — your own Google Maps Platform key, or a Cesium ion token — under your own agreement with that provider, and that provider bills you directly. We are not a party to that agreement, and your credential and the tiles never touch our servers.
• Attribution that the plug-in shows on screen and writes into saved frames stays where it is: Google map data lines on captures, OpenStreetMap credit on imported objects.
• Do not reverse engineer the software, pass it or its license keys on to anyone else, or work around Seat, Trial or Lite limits.
• The software is provided as is, for pre-visualization and content creation. It is not a surveying, navigation or measurement instrument, and our total liability is capped at what you paid us in the previous 12 months.
• Third-party services can change: if Google changes its terms, pricing or regional availability, features that depend on Google can change with them (clause 6.4).
• Payment, invoicing, tax and refunds are handled by Paddle as merchant of record.

This End User License Agreement (this “Agreement”) is a legal agreement between you (an individual or a legal entity, “Licensee”, “you”) and Valerii Nikulin, sole proprietor (FOP) registered in Ukraine, trading as Shall We Art (“Licensor”, “we”, “us”), governing your use of the ValTerra software plug-in for Autodesk 3ds Max, including its documentation, license keys, and any updates provided to you (collectively, the “Software”).

By installing, activating, or using the Software you agree to this Agreement. If you do not agree, do not install or use the Software.

Purchases are processed by our merchant of record, Paddle.com Market Ltd / Paddle.com Inc. (“Paddle”). Paddle is the seller of record for the transaction and its Buyer Terms govern the purchase, refunds, and taxes. This Agreement governs your use of the Software.

1. Definitions

• “Seat” — one concurrent installation/use entitlement of the Software.
• “Machine-Bound License” — a Seat whose key names one machine identifier and runs only on that machine. Keys are not issued this way by default (Section 3.2).
• “Maintenance Period” — the period during which Licensee is entitled to Software updates and new releases (Section 4).
• “Trial” — the free, time-limited evaluation license (Section 3.4).
• “Lite” — the free, feature-limited license tier (Section 3.5).
• “Third-Party Services” — external data and API services accessed by the Software under Licensee’s own accounts, including Google Maps Platform, OpenStreetMap, and open elevation data services (Section 6).
• “Output” — images, panoramas, camera data, scene objects, and other files created by Licensee using the Software.

2. License grant

2.1. Subject to payment of the applicable software license fee and compliance with this Agreement, Licensor grants Licensee a perpetual, non-exclusive, non-transferable license to install and use the Software, in object code form only, for Licensee’s internal business or personal purposes, in the quantity of Seats purchased and of the tier purchased.

2.2. Tiers. Tiers differ only in the number of Seats they include: Individual covers one to four Seats, Studio covers five or more. The Software itself is identical in every tier, and no feature is withheld from a smaller purchase.

2.3. Use by contractors. Seats may be used by Licensee’s employees and individual contractors working on Licensee’s projects, provided they are bound by obligations no less protective than this Agreement, and Licensee remains responsible for their use.

2.4. The Software is licensed, not sold. All amounts payable under this Agreement or through Paddle are software license fees. Licensor retains all rights not expressly granted.

3. License types

3.1. One Seat, one machine at a time. Each Seat entitles one person to run the Software on one machine. This is a term of this Agreement; Licensee is responsible for observing it.

3.2. Moving a Seat to another machine. A license is a signed file that the Software verifies on Licensee’s own machine. To move a Seat, use Deactivate this machine in the plug-in panel — which deletes the license file from that computer — and enter the same key on the other one. There is no limit on how often this may be done and no need to ask us. Where a key has been issued naming a specific machine identifier, it runs only on that machine; keys are not issued that way by default.

3.3. No online activation. The Software never contacts a license server. There is no activation step, no periodic re-validation, and no internet connection is required to use a license. A machine that is permanently offline behaves exactly like one that is not.

3.4. Trial. The Trial provides full functionality for 30 days from first activation, one Trial per machine. Commercial use of Trial Output for delivered client work is permitted. When the Trial ends, the Software continues to run under the Lite terms of Section 3.5; nothing already created is withdrawn or disabled.

3.5. Lite. The Lite tier is free and perpetual, for personal and commercial use. Lite is limited in fidelity, not in scope: photorealistic imports are produced at a reduced geometric detail level and a reduced texture resolution, and captures at a reduced resolution, each as stated on the product page. A maximum area per photorealistic import also applies. Schematic city and terrain imports are neither area- nor fidelity-limited. Lite does not watermark Output, and does not disable or degrade work already created under another tier. Licensor may change Lite limitations in future versions; the limitations in force when a version is released continue to apply to that version.

3.6. Educational. Free educational licenses are available to accredited institutions, teachers, and enrolled students, for non-commercial teaching and learning only.

4. Maintenance, updates, versions

4.1. Each paid Seat includes a Maintenance Period of 12 months from purchase, during which Licensee receives all Software updates and new releases at no extra charge.

4.2. After the Maintenance Period ends, the license remains valid perpetually for every version of the Software released during the Maintenance Period. Continued updates require renewal of maintenance at the then-current renewal fee.

4.3. Updates are delivered through an online update feed; the Software may check the feed over HTTPS (see Privacy Policy for what is transmitted). Updates never install without user action.

4.4. Licensor will make reasonable efforts to support new versions of Autodesk 3ds Max, but does not warrant compatibility with any future Autodesk 3ds Max version. Supported versions are listed on the product page (currently Autodesk 3ds Max 2024, 2025, 2026).

5. Restrictions

Licensee must not, and must not permit anyone to:

(a) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software, except to the extent such restriction is prohibited by applicable mandatory law;

(b) distribute, sell, rent, lease, sublicense, host, or provide the Software (or license keys) to any third party, or make its functionality available as a service;

(c) circumvent, disable, or tamper with license enforcement, Seat limits, Trial or Lite limitations, or activation mechanisms;

(d) remove, obscure, or alter any attribution, copyright, or provider notices that the Software embeds in the interface or in Output (including Google map data attribution in Photo Studio captures and OpenStreetMap attribution metadata on imported objects), except where the notice belongs to data Licensee did not use in that Output;

(e) use the Software to violate any applicable law or any Third-Party Service terms.

6. Third-Party Services (Google Maps Platform, OpenStreetMap, elevation data)

Please read this section carefully. It allocates responsibility for third-party map data used through the Software.

6.1. Your credential, your agreement. Certain features of the Software (including photorealistic 3D tiles display and import, and the Photo Studio globe) operate only with a credential Licensee holds in its own name — either Licensee’s own Google Maps Platform API key, under Licensee’s own agreement with Google (Google Maps Platform Terms of Service and the Service Terms, as amended by Google), or Licensee’s own Cesium ion token, under Licensee’s own agreement with Cesium GS, Inc. Without such a credential these features, including the globe itself, do not display map content. The Software is a client application; Licensor is not a party to Licensee’s agreement with either provider, does not resell their services, does not proxy, store, or have access to tiles or Licensee’s credentials, and receives no data from either provider on Licensee’s behalf. That provider charges for usage directly to Licensee’s account with it.

6.1.1. Licence scope of the credential. Providers licence their free tiers differently. Licensee is responsible for holding a credential whose plan permits Licensee’s actual use, including commercial use where applicable.

6.2. Licensee’s responsibility. Photorealistic 3D tiles are Google Maps Content whichever credential delivers them, so the obligations in this Section apply equally to access obtained through a Cesium ion token. Licensee is solely responsible for its use of Google Maps Platform through the Software, including without limitation: (i) compliance with Google’s restrictions on extracting, scraping, or creating derivative works from Google Maps Content (Google Maps Platform Terms §3.2.3(a), (c)–(d)); (ii) not caching or storing Google Maps Content except as expressly permitted by Google (§3.2.3(b)); (iii) preserving Google attribution (§3.2.2(b)); and (iv) Google’s usage-specific terms for the services Licensee enables.

6.3. Attribution. The Software displays Google attribution (Google logo and data provider notices) whenever Google map content is on screen and embeds attribution into Photo Studio captures and panoramas that contain Google map content. Licensee must not remove or crop such attribution from Output containing Google map content (Section 5(d)).

6.4. Availability. Third-Party Services are outside Licensor’s control. A provider may change pricing, terms or regional availability, or discontinue a service. Features that depend on Third-Party Services are provided conditionally on those services’ availability, and their loss or limitation is not a defect of the Software and does not entitle Licensee to a refund outside of the refund policy applicable to the purchase.

6.5. OpenStreetMap. Schematic buildings and roads are generated from OpenStreetMap data, © OpenStreetMap contributors, licensed under the Open Database License (ODbL). The Software stamps attribution metadata on imported objects. Licensee’s use and publication of works derived from OSM data must comply with ODbL and the OSMF attribution guidelines.

6.6. Elevation data. Terrain is generated from open elevation tiles (Terrarium tiles, originally by Mapzen, hosted via AWS Open Data), with attribution requirements listed in the plug-in interface.

6.7. Indemnity. Licensee will defend, indemnify, and hold harmless Licensor from and against any third-party claim, and resulting damages, penalties, and reasonable legal costs, arising out of (i) Licensee’s use of Third-Party Services through the Software, (ii) Licensee’s breach of any Third-Party Service terms, or (iii) Licensee’s Output and its distribution.

7. Output and intellectual property

7.1. As between Licensor and Licensee, Licensee owns its Output. Licensor claims no rights in Licensee’s scenes, renders, or camera data.

7.2. Output that contains third-party map data (Google map content, OSM-derived geometry, elevation-derived terrain) remains subject to the applicable third-party terms; this Agreement does not grant any rights in third-party data.

7.3. The Software, including its algorithms, shaders, and documentation, is protected by copyright and remains the exclusive property of Licensor.

8. Warranty disclaimer

THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OF DATA (INCLUDING GEOGRAPHIC, ELEVATION, AND SUN-POSITION DATA), AND UNINTERRUPTED OR ERROR-FREE OPERATION. THE SOFTWARE IS A PRE-VISUALIZATION AND CONTENT CREATION TOOL; IT IS NOT INTENDED FOR SURVEYING, NAVIGATION, CONSTRUCTION-GRADE MEASUREMENT, OR SAFETY-CRITICAL USE.

9. Limitation of liability

9.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE SHALL NOT EXCEED THE AMOUNTS PAID BY LICENSEE FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY.

9.3. Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under applicable law (including for death or personal injury caused by negligence, or fraud).

10. Term and termination

10.1. This Agreement is effective upon installation and continues until terminated.

10.2. Licensor may terminate this Agreement (and disable license keys) upon material breach by Licensee that remains uncured 30 days after written notice; for breach of Section 5 (Restrictions) or Section 6 (Third-Party Services), termination may be immediate.

10.3. Upon termination, Licensee must cease use and destroy copies of the Software. Sections 5–9, 11–14 survive termination. Termination does not entitle Licensee to a refund except as required by law or the applicable refund policy.

11. Privacy

Buying a license and checking for updates involve limited data processing (Licensee’s name and email address, received from the payment processor; the license key; and IP addresses in the update host’s own server logs). The Software does not transmit a machine identifier: license checks happen entirely on Licensee’s machine. Optional telemetry is off by default. Map tiles are requested directly from the respective providers by the Software on Licensee’s machine and never pass through Licensor’s servers. Details: Privacy Policy.

12. Export compliance and sanctions

Licensee represents that it is not located in, or ordinarily resident in, any country or territory subject to comprehensive sanctions, and is not a sanctioned or designated party under applicable sanctions regimes (including those of Ukraine, the EU, the UK, and the US). The Software may not be used in violation of export control laws.

13. Trademarks and affiliation

Autodesk and 3ds Max are registered trademarks of Autodesk, Inc. Google and Google Maps are trademarks of Google LLC. OpenStreetMap is a trademark of the OpenStreetMap Foundation. ValTerra is an independent product of Licensor and is not affiliated with, endorsed by, or sponsored by Autodesk, Inc., Google LLC, or the OpenStreetMap Foundation. No trademark rights are granted by this Agreement.

14. General

14.1. Governing law and venue. This Agreement, and any dispute or claim arising out of or in connection with it, are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. If Licensee is a consumer, this does not deprive Licensee of the protection of the mandatory provisions of the law of the country where Licensee lives, and Licensee may bring proceedings in the courts of that country. The purchase transaction itself is governed by Paddle’s Buyer Terms as merchant of record.

14.2. Assignment. Licensee may not assign this Agreement without Licensor’s written consent. Licensor may assign to a successor of the ValTerra business.

14.3. Changes. This Agreement applies to the Software version it accompanies. Licensor may update this Agreement for future versions; continued use of new versions constitutes acceptance of the updated terms for those versions.

14.4. Entire agreement; severability. This Agreement is the entire agreement regarding the Software and supersedes prior discussions. If any provision is held unenforceable, the remainder stays in effect.

14.5. Force majeure. Licensor is not liable for failure caused by events beyond reasonable control, including war, hostilities, power or infrastructure outages, and acts of government.

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Contact: hello@getvalterra.com — Valerii Nikulin, sole proprietor (FOP) registered in Ukraine, trading as Shall We Art. Contact page: /contact.