Legal
End User License Agreement
(EULA)
April 15, 2025
This is the EULA of Act-3D B.V., a Dutch limited liability company with its office at the Hoofdstraat 10 in Sassenheim and registered with the Dutch Chamber of Commerce under registration no. 27343208 (hereinafter: “Lumion”). This EULA applies to the Software as well as associated Documentation made available by Lumion from time to time.
End User is only allowed to use the Software if Customer has obtained a valid Seat for End User via www.lumion.com or by other means (e.g. by contacting Lumion directly, Lumion reseller etc.). During the purchasing process, End User will have to explicitly accept this EULA. This EULA governs all use of the Software by End User. Lumion strongly recommends that End User reads this EULA carefully.
All capitalized definitions in this EULA, both in their plural and singular form, are defined as indicated in this article:
1.1. Customer: The natural or legal person who purchases the Software for their own use as an End User, or on behalf of a company for one or more End Users.
1.2. Documentation: the documentation related to the Software made available by Lumion via the Website or otherwise.
1.3. End User: a natural or legal person who has a valid Seat to access the Software.
1.4. EULA: this End User License Agreement between Lumion and End User, including any Annexes thereto.
1.5. Floating Seat: a license that may be shared by multiple End Users, where the number of concurrent users is limited to the number of Seats purchased by the Customer.
1.6. Intellectual Property Rights: all intellectual property rights and related rights, including, but not limited to, copyrights, database rights, domain names, trade name rights, trademark rights, design rights, neighboring rights, patent rights as well as rights to know-how.
1.7. Named User Seat: a specific, assigned seat for one End User, designated by the Customer to access a software license.
1.8. Party: End User and Lumion, jointly or separately.
1.9. Seat: the subscription model, whether the Floating Seat or the Named User Seat, that applies to the Software obtained by the Customer for the benefit of the End User.
1.10. Software: the 3D rendering software made available by Lumion and purchased by or on behalf of the End User, including any future patches, updates, upgrades, as well as any related additional software and Documentation.
1.11. Subscription Term: the term for which Customer has entered into the subscription for the Software with Lumion.
1.12. Website: Lumion's website, accessible via the lumion.com domain, or subdomains and other domain extensions.
2.1. The Software is only suitable for installation on laptops or desktops (also referred to as ‘endpoint devices’). The End User is responsible to ensure that the endpoint device meets the system requirements communicated by Lumion via the Website or as part of the Documentation.
2.2. The End User recognizes that the system requirements may change for any updated or upgraded versions of the Software. Lumion cannot provide any guarantees as to the functioning of the Software if the endpoint device does not meet the system requirements and is not liable for any associated damages incurred by the End User.
3.1. All Intellectual Property Rights pertaining to the Software, the accompanying Documentation and any other materials provided to the End User will remain vested in Lumion. This applies even after the Agreement is terminated, regardless of the reason for termination. The End User only obtains the rights and permissions explicitly granted in this EULA.
3.2. All Intellectual Property Rights pertaining to materials created by an End User when using the Software shall remain vested with the respective End User and/or the Customer who purchased the Software on behalf of the End User.
4.1. Lumion hereby grants the End User the right to use the Software in accordance with this EULA, unless expressly agreed otherwise.
4.2. The license granted by Lumion to the End User is non-exclusive, non-transferable, and non-sublicensable. The license is provided on a subscription basis and is only valid for the agreed-upon term between the Customer and Lumion, unless otherwise agreed.
4.3. After purchasing a license, the Customer will receive a license key via email. The Customer can use this license key to activate the Software on the endpoint device of End User.
4.4. In order to use the Software, the Customer and/or another End User must first launch the license manager, which is installed on the endpoint device as part of the installation process. The End User can only start using the Software if the Customer’s license manager has registered the End User with Seat with Lumion. It is not possible to start and use the Software without the installer actively running or without an active internet connection.
4.5. End Users using Named User Seats are responsible for maintaining the confidentiality of their login credentials. Named User Seats are personal and may not be used by multiple End Users. Unless otherwise agreed, the license manager of Customer is responsible for creating, managing, and, if necessary, revoking Named User Seats or End User access. The End User should primarily direct any requests regarding their Named User Seat to the Customer’s license manager.
5.1. It is prohibited to use the Software in any manner that is in violation of the EULA or applicable laws and regulations. Additionally, use of the Software in a manner that may cause hindrance or loss and/or damage to Lumion or any third party is expressly not permitted.
5.2. End User may only use the Software for his own use in accordance with the provisions of this EULA. End User may not:
a. allow other persons to use the Software with his Named User Seat;
b. use the Software beyond the national borders of the country where the Customer (who purchased the Software) has its branch office;
c. reverse engineer the source code of the Software or decompile the Software, except to the extent permitted by provision of mandatory law;
d. copy the Software to third parties;
e. sublicense the Software or make it available to third parties, by means of rental, Software-as-a-Service constructions or otherwise;
f. make changes to the Software, except to the extent permitted by mandatory law;
g. remove or make unreadable any indications of Lumion as owner of the Software or parts thereof;
h. circumvent any security measures of the Software.
5.3. If Lumion determines that the End User has violated the EULA or applicable laws and regulations, or receives a complaint in this regard, Lumion may take measures to end the violation. These measures may include the suspension or termination of access to the Software in whole or in part.
5.4. The End User will follow all reasonable instructions issued by Lumion related to the use of the Software and will use the Software in accordance with the Documentation.
6.1. Lumion will endeavor to keep the Software up-to-date but cannot provide any guarantees as to the functioning to the Software other than those provided in article 6.2 below.
6.2. Lumion guarantees:
a. that the Software substantially operates as described in the Documentation, which may be amended by Lumion from time to time;
b. that the Software, to the best of its knowledge, does not contain any viruses, backdoors or malicious routines;
c. that the Software does not infringe upon third-party rights (including Intellectual Property Rights), provided that the Software is used in accordance with this EULA and the Documentation; and
d. it will use its best efforts to investigate any reported bugs as soon as is reasonably practical and to repair such bug or suggest a workaround (if possible) within a reasonable period of time, provided however that Lumion may postpone resolution to the next update or upgrade if the bug is considered non-critical.
7.1. The Parties will treat as confidential the information they provide to each other before, during or after the performance of the EULA if this information has been marked as confidential or if the receiving Party knows or should reasonably assume that this information was intended to be confidential. The Parties also impose this obligation on their employees and on the third parties engaged by them for the performance of the EULA. These provisions continues to apply after the EULA ends for any reason whatsoever and for as long as the disclosing Party has the right to invoke the confidential nature of the information.
7.2. Each Party shall use the same degree of care in protecting the confidential information of the disclosing Party as it uses in protecting its own confidential information, but in no event less than reasonable care.
7.3. This article shall not apply to any information which:
a. is or becomes generally available to the public other than as a result of a disclosure by the receiving Party in breach of the EULA;
b. was within the receiving Party's possession prior to its disclosure to it by or on behalf of the disclosing Party;
c. becomes available to the receiving Party on a non-confidential basis from a source other than the disclosing Party not under obligation to keep such information confidential; or
d. is developed independently by the receiving Party.
7.4. In the event that a receiving Party becomes legally compelled to disclose any confidential information provided pursuant to the EULA, such receiving Party shall provide the disclosing Party with prompt written notice so that such disclosing Party may seek a protective order or other appropriate remedy and/or waive compliance with the confidentiality provisions of the EULA insofar as permitted by law.
7.5. Any confidential information provided hereunder shall remain the exclusive property of the disclosing Party. Promptly after the expiration or termination of the EULA for any reason, each receiving Party shall deliver to each disclosing Party all originals and copies of any material in any form containing or representing the confidential information in its possession or shall destroy the same at the request of the disclosing Party relative to such confidential information.
7.6. Lumion always reserves the right to use the knowledge obtained by the performance of the EULA for other customers to the extent this does not involve confidential information of the Customer.
8.1. If the Customer has obtained the Services directly from Lumion (i.e., not via a reseller), the liability for (the use of) the Services is governed by the agreement between Lumion and the Customer. In such case, you may contact the Customer in the event of any issues relating to the Services.
8.2. If the Customer has obtained the Services via a reseller, Lumion is not a party to the agreement between the reseller and the Customer. In such case, you may direct any claims or issues regarding (the use of) the Services to the Customer, who in turn may contact the reseller, in accordance with the agreements between them. Lumion bears no responsibility for the terms agreed between the Customer and the Reseller.
8.3. Lumion does not guarantee that the Services will function without errors or operate without interruptions. Lumion also depends on its suppliers and has no influence or control over them. End User acknowledges that uninterrupted use of the Services depends on a stable internet connection at the location where End User wishes to use the Services. Lumion cannot influence End User’s internet connection, network, or equipment. The End User and the Customer are responsible for maintaining this internet connection, network, and equipment.
9.1. Lumion will not be obliged to perform the EULA if performance is prevented as a result of force majeure.
9.2. The Parties will in any case consider the following to be force majeure, without limitation: fire, floods, strikes, power failures, telecommunications infrastructure failures, force majeure on the part of Lumion's own suppliers, network attacks, import and export impediments, war and terror. Any liquidity problems on the Customer's part do not qualify as force majeure.
9.3. To the extent that Lumion had already fulfilled part of the EULA by the time the force majeure situation arose or will be able to fulfil part of the EULA, and such partial fulfilment can be ascribed an independent value, Lumion is entitled to invoice for such fulfilment separately.
9.4. In the event of force majeure, Lumion can suspend the performance of the EULA for as long as the situation continues. If the situation lasts longer than 3 months, both parties will be entitled to terminate the EULA in writing, without any obligation to pay the other party compensation.
10.1. Lumion releases versions, major and minor updates from time to time. Lumion will improve the functionality of the software with new features, add improvements to existing features or contain bug-fixes.
10.2. Versions, major and minor updates can be issued at any time, completely dependent on the sole discretion of Lumion. The Software will alert the End User to the release of any available version or update. The alert requires an active internet connection. Installation of a new version or updates is performed only with the End User’s explicit consent. No liability is accepted for damages caused by bugs when an End User has neglected to install a version, major or minor update in which the bug was resolved.
10.3. Any new version or update may be subject to additional conditions. End User will be informed in advance and will have an opportunity to refuse the installation of a new version or an update. End User may be continuously requested to install the latest version or update as long as the End User has not installed it. Before installing the new version or update, the End User must accept the additional conditions, which are included in the EULA.
10.4. If End User hold a valid subscription license, then End User is entitled to the most recent version, major and minor updates of Lumion. If End User hold a perpetual license then it will be necessary to upgrade to, or buy a new, subscription license to get access to the most recent version, major or minor update of Lumion.
10.5. The Software may contain open source software (OSS). Specific conditions apply to this. An overview of OSS components used, and applicable license conditions can be consulted via our website here.
11.1. Lumion shall provide End User with a reasonable level of support via email or other communication channels indicated on the website: support.lumion.com. Lumion endeavors to respond to any support request as soon as possible but cannot provide any guarantees in this regard. Support is solely provided for the commercial services and products of Lumion.
11.2. Student and faculty licenses are not eligible for support.
12.1. Lumion has the right to periodically perform an audit to verify End User’s compliance with this EULA, in particular related to the use of the license manager software and available Seats. The audit shall be performed by an independent third party (such as a chartered accountant) in confidence. The auditor may only report the data relevant for the compliance verification to Lumion. The costs of the audit shall be borne by Lumion, unless the report reveals that End User has failed to pay the right license fee.
13.1. This EULA enters into force upon the End User’s acceptance and/or upon use of the Software
13.2. The duration of the EULA is linked to the duration of the agreement between the Customer and Lumion. When the agreement between the Customer and Lumion terminates, the EULA also terminates.
13.3. In the case of a Named User Seat, the End User’s access may be revoked by Lumion’s license manager, resulting in the termination of this EULA, without affecting the agreement between the Customer and Lumion. The End User may also request termination of their Named User Seat by contacting the Customer’s license manager.
13.4. Lumion may amend this EULA in accordance with agreements made with the Customer and has the right to modify this EULA at its own discretion. Lumion will announce any changes to the End User at least 30 days before they take effect. However, changes may be implemented without prior notice if the modifications:
a. Are deemed by Lumion to be of minor significance;
b. Are necessary due to new or amended legislation.
13.5. If End User does not wish to accept the announced change, End User may terminate the EULA before the change takes effect. If End User continues to use the Software after the modification has come into effect, End User will be deemed to have accepted the revised EULA.
14.1. Dutch law applies to this EULA. Unless dictated otherwise by mandatory law, all disputes arising in connection with this EULA shall be brought before the competent Dutch court for the principal place of business of Lumion.
14.2. A finding that any particular provision of this EULA is legally void shall not affect the validity of the entire EULA. In such a case the Parties shall determine a replacement provision that is legally valid and approximates the intent of the offending provision as much as possible.
14.3. Lumion may assign its rights and obligations under this EULA to a third party that acquires the relevant business or the copyrights to Lumion from her.