Section 1: Scope of This Agreement
By accessing, storing, saving or utilizing any Intellectual Property owned by Company, or by causing the same, User agrees to all Definitions and Articles of this agreement and is contractually bound by the terms of this agreement until such time as User deletes, destroys or otherwise severs access to any and all Intellectual Property owned by Company, whether voluntarily or involuntarily. Nothing in this agreement shall be interpreted to limit the rights of Company and its agents and subsidiaries to protect its intellectual property through proactive or responsive measures, nor shall any part of this agreement limit the rights of Company and its agents and subsidiaries to amend, modify, alter, suspend, or terminate this agreement at any time, with or without notice.
Section 2: License Grant
Company grants User a revocable, non-exclusive, non-transferable, limited license to access, download and store the Intellectual Property on one computer and one or more 3D Printers owned and controlled by User and to access and use the Intellectual Property on such devices strictly in accordance with the terms and conditions of this license, The Usage Rules, and any service agreement associated with such devices (collectively "Related Agreements"). User agrees not to transfer, reassign, distribute or share License and its associated access in any way. This includes, but is not limited to, the sharing of website User Name and Password with anyone other than named member "User". Account sharing will result in User's account being permanently terminated without refund. User may face legal action as described in Section 7 and may be held liable for any violations committed by unauthorized assignee.
Section 3: Membership and File Distribution Eligibility
Company may, at its discretion, determine requirements for eligibility for membership into its membership programs, as well as eligibility for being assigned revocable license to access, download, store and use its Intellectual Property, whether as part of its membership programs, or as part of free distributions of said Intellectual Property. Company may revoke User's license to use such Intellectual Property at any time without written notice. In such event as User's Paid Membership is terminated by Company, User shall be entitled to no refund in the case of single month membership, or prorated refund of remaining billing term's membership fee in the case of multiple month membership. Such refund shall be prorated by number of complete months, as measured by 30-day periods, remaining in billing term. User agrees that in such case that User's membership is terminated by Company due to User's violation of one or more provisions of this agreement, User forfeits any and all refund of membership fees paid to Company.
Section 4: Severability of this license by User
In such case as User desires to no longer be bound by the terms of this agreement, User may voluntarily delete, destroy or sever access to any and all Intellectual Property owned by Company and upon completion of the above will be considered to be released from terms of this agreement. If User is a paid member of one of Company's membership programs, User may terminate their membership at any time by submitting such request via electronic mail to [email protected] Due to the digital nature of the products and services included in aforementioned membership programs, User shall not be entitled to any refund or consideration, monetary or otherwise, in such case as User voluntarily causes termination of such paid membership.
Section 5: Restrictions on Use
By accessing, downloading, storing or using any and all Intellectual Property owned by Company, User agrees to the following restrictions on use:
5(a): User agrees to use Intellectual Property only for personal, non-commercial use.
5(b): User may not use Intellectual Property owned by, or licensed to Company for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not intended or designed.
5(c): User may not distribute or disseminate to any other entity or entities any Intellectual Property or artifacts created thereof, whether digital or physical, owned by Company, whether gratis or in exchange for any compensation, monetary or otherwise, unless expressly permitted in writing by Company. In such case that User creates physical artifacts for purposes forbidden by this agreement, each individual physical artifact produced shall be considered one individual violation or occurence.
5(d): User may not upload Intellectual Property owned by Company to any computer server, fileshare server, file distribution network, or any other public or private domain without express, prior written consent by authorized agent of Company.
5(e): User may not modify, decrypt, or reverse engineer Intellectual Property owned by, or licensed to Company.
5(f): User may not circumvent, remove or alter any digital watermarking or any other encryption, or copyright protection features, nor attempt the circumvention, removal or alteration of the same.
5(g): User agrees to delete, destroy or otherwise sever access to any and all Intellectual Property owned by, or licensed to Company at any time under request by Company, its agents or subsidiaries.
Section 6: Hold harmless agreement and disclaimer of warranty
Nothing in this agreement, nor in any communications by Company shall be construed to offer a warranty of performance. Company is not responsible for any outside costs relating to the use of the Intellectual Property including, but not limited to: equipment and material costs, utility costs, telecommunications service fees and/or data costs. Intellectual Property is offered for hobby use only. User agrees to use Intellectual Property and associated technologies at User's own risk. User shall have sole responsibility for ensuring the safe use of Intellectual Property and all associated technologies and processes including, but not limited to: 3D Printing equipment, 3D printing materials, tools, chemicals and all associated paraphernalia. User agrees to take all necessary environmental, health, safety, personal and property protection precautions in order to ensure safe operation. Neither Company, nor its subsidiaries or agents shall be held liable for any injury to any person or property including, but not limited to: damage to physical property, illness, bodily injury, disability, dismemberment or death arising from activities related to 3D Printing and Intellectual Property owned by or licensed to Company.
Section 7: Penalties for Violations of Agreement Terms
User acknowledges that in such event as the User violates one or more terms of this license, Company may seek monetary damages, monetary and/or non-monetary restitution, and/or other legal action against User, including, but not limited to:
7(a): Legal orders from Company's legal counsel such as Cease and Desist orders, and/or:
7(b): Legal action to recover monetary damages up to $500 USD per violation or occurrence up to the maximum allowed by law, and/or:
7(c): Legal action to pursue monetary and/or non-monetary restitution up to the maximum amount allowed by law.
User acknowledges that in such event that User shares, distributes, sells or disseminates Intellectual Property in any way in violation of the Terms and Conditions of this agreement, User may be held financially liable for any and all subsequent violations by recipients of such Intellectual Property, including but not limited to:
7(d): Legal orders from Company's legal counsel such as Cease and Desist orders, and/or:
7(e): Legal action to recover monetary damages up to $500 USD per subsequent violation or occurrence by the recipient of such Intellectual Property from User, up to the maximum allowed by law, and/or:
7(f): Legal action to pursue monetary and/or non-monetary restitution up to the maximum amount allowed by law.
User acknowledges that any waivers of penalties or settlements pertaining to the waiver of such penalties will be solely at the discretion of the Company.
Section 8: Infringement Acknowledgement
User and Company acknowledge and agree that, in the event of a third party claim that the Intellectual Property or User's possession or use of the Intellectual Property infringes any third party's intellectual property rights, User (and not Company) will be responsible for the investigation, defense, settlement, and discharge of any such claim of intellectual property infringement. User will, however, promptly notify Company in writing of such a claim.
Section 9: Jurisdiction
Any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Agreement or the transactions contemplated hereby may be brought in any federal, state, county, or district court located in Arapahoe County in the State of Colorado, and each of the parties hereby consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum. Process in any such suit, action or proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court. Without limiting the foregoing, each party agrees that service of process on such party in accordance with local law shall be deemed effective service of process on such party.
Section 10: Termination
Company may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to User hereunder with or without prior notice. Furthermore, if User fails to comply with any terms and conditions of this License, then this License and any rights afforded to User hereunder shall terminate automatically, without any notice or other action by Company. Upon the termination of this License, User shall cease all use of the Intellectual Property and delete, destroy, or otherwise sever User's access to the Intellectual Property.