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3D-Miniatures Personal Use Content License

3D-Miniatures 3D Printing Content Personal Use End User License Agreement v 1.0

 

This is a legal agreement between the Licensor (defined below), and End User (defined below), This legal agreement applies to “Digital Content” (defined below) licensed by the Licensor to the End User for personal use. By downloading the Digital Content you agree to be bound by the terms of this Personal Use EULA.

Terms and Definitions:

  • Digital Content: Digital files containing the data needed to print physical objects

  • End User: The customer who purchased the content

  • Licensor: 3D-Miniatures, acting on behalf of the content creators

  • Website: 3D-Miniatures.com, the website operated by 3D-Miniatures

  • Personal Use: For the personal non-commercial use of the end user. Explained in more detail below.

  • Physical Artifact: A tangible physical item produced via a manufacturing method from the Digital Content, including but limited to 3D Printing, Computer Aided Machining, Laser Sintering, Fused Deposition Modeling, Multi-Jet Modeling, and other related technologies.

  • Derivative Works: Physical or digital content derived from the original Digital Content covered by this license, including physical artifacts, file formats, 3D renders or modified versions of the Digital Content.

The Licensor grants the End User a non-transferable limited personal license to produce Physical Artifacts or other Derivative Works from the Digital Content for Personal Use,

The Licensor makes no representations and provides no warranty that the Digital Content is suitable for any purpose. The End User is entirely responsible for all configuration, generation of supports, and other acts or data that may be required to derive physical or digital works from the Digital Content. You agree that you use the Digital Content at your own risk, and assume all risk of damages or injury arising from its use.

The End User agrees that all products of the Digital Content, including Physical Artifacts and Derivative Works (including derivative physical and digital works) are entirely for personal use, and may not be sold to third parties.

You may create backup copies of the Digital Content for your own personal archiving needs.

You may not sublicense, transfer the licensing, or sell the licensed Digital Content or Derivative Works containing whole or part of the Digital Content to third parties.

You may not give or convey the Digital Content to any third party except for the sole purpose of obtaining a derived Physical Artifact for your own Personal Use.

If you do not agree to the terms of this agreement, then your sole remedy is to stop your use of the Digital Content, and delete any and all copies of the Digital Content.

If at any time you can not continue to adhere to the terms of this agreement, then your license to use the Digital Content terminates immediately. You may retain all Physical Artifacts and other Derivative Works produced from the Digital Content for your own personal non-commercial use, but must delete all copies of the Digital Content.

For the purposes of Fair Use, images, descriptions or renderings of the Digital Content or physical goods produced from Digital Content shall not be considered to violate this agreement, so long as the primary purpose is scholarship, review, or analysis of the Digital Content or derived physical goods or works. Review or scholarship of the Digital Content and derived physical/digital works appearing in paid journals, blogs or newspapers with ads other means of income not directly related to the Digital Content or Physical Artifacts produced from it, will not be considered 'commercial use' under the terms of this agreement.

The Licensor retains all other common law, federal and copyright rights that are not explicitly granted by this agreement.

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

The place of arbitration shall be Seattle. The arbitration shall be governed by the laws of the State of Washington. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration.

If portions of this contract are unenforceable, then the remainder of the contract terms will still apply to all parties involved.

The document represents the entirety of the agreement between the Licensor and End User, and supersedes all oral agreements, understandings, or other possible agreements between the Licensor and End User. 



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