Last updated on Jun 12th, 2014 by MatterHackers
License To Make
BY PURCHASING, INSTALLING, OR USING THE LICENSED DESIGN ("DESIGN”) FROM MATTERHACKERS, INC. ("PLATFORM PROVIDER”), THE INDIVIDUAL, IF ACTING ON BEHALF OF HIMSELF OR HERSELF ("INDIVIDUAL CUSTOMER"), OR THE INDIVIDUAL WHO IS ACTING ON BEHALF OF AN EDUCATIONAL OR NONPROFIT INSTITUTION, GOVERNMENTAL AGENCY, OR OTHER (“ENTITY CUSTOMER”) (THE INDIVIDUAL CUSTOMER AND ENTITY CUSTOMER TOGETHER ARE SOMETIMES REFERRED TO HEREIN AS "CUSTOMER"), IS AGREEING TO BE BOUND BY THIS LICENSE AGREEMENT ("AGREEMENT”).
IF CUSTOMER DOES NOT AGREE TO THIS AGREEMENT, CUSTOMER SHOULD NOT PURCHASE, INSTALL, OR USE THE LICENSED DESIGN.
THE “EFFECTIVE DATE” FOR THIS AGREEMENT IS THE DAY CUSTOMER FIRST ACCESSES THE LICENSED DIGITAL DESIGN.
"Affiliates” or "Affiliate” means an entity, institution, or organization that controls, is controlled by, or is under common control with another entity, institution, or organization, with at least majority ownership.
"Design” means the specific design software, product, and/or property licensed to Customer under the terms of this Agreement.
"Designer” means the third-party owner, seller, re-seller, developer, and/or creator of the Designs that MatterHackers distributes on the Platform.
"Documentation”” means the user manuals and supporting documentation in electronic format provided with the Design under this Agreement.
"License Fee" means the applicable fee for which Customer licenses the Licensed Design.
"MatterHackers” means MatterHackers, Inc., or any of its Affiliates, the operator of the Platform and a licensed agent for the Designers.
"Platform” means any and all websites, digital parts stores, and online retail stores operated by MatterHackers and/or its Affiliates, from which the Design was licensed.
"Print” means to make physical copies of the digital Designs on a 3D printer.
"Property” means Designer’s digital design file(s).
"Provider” means Designer, MatterHackers, as distribution agent of Designer, and their Affiliates.
The Provider reserves all rights not expressly granted to Customer. The Designs and Documentation contain copyrighted material and other proprietary material and information of Designers, MatterHackers, and/or their Affiliates and licensors. Designers, MatterHackers, and/or their Affiliates and licensors shall retain all right, title, and interest, including all intellectual property rights, in and to the Designs and Documentation. Customer will not remove, alter, or destroy any form of copyright notice, proprietary markings, or confidential legends placed upon or contained within the Designs, Documentation, or any component thereof.
The License is effective until terminated by Customer or Provider. Customer’s rights under this License will terminate automatically and without notice from the Provider if Customer fails to comply with any term(s) of this License. Upon termination of the License, Customer shall cease all use of the Design, and destroy all copies, full or partial, of the Design.
CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE DESIGN IS AT CUSTOMER’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, SAFETY, AND EFFORT IS WITH CUSTOMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DESIGN AND ANY SUPPORT SERVICES PERFORMED OR PROVIDED BY THE PROVIDER ARE PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. PROVIDER, MATTERHACKERS, DESIGNER, THEIR LICENSORS, AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE DESIGN AND ANY SERVICES PROVIDED, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH CUSTOMER’S ENJOYMENT OF THE DESIGN, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE DESIGN WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE OPERATION OF THE DESIGN OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE DESIGN OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROVIDER OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE DESIGN OR SERVICES PROVE DEFECTIVE, CUSTOMER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO CUSTOMER.
In no event shall Provider’s total liability to Customer for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of the License Fee paid by Customer.
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
This Agreement shall be governed as to validity, interpretation, construction, effect, and in all other respects by the local laws of the State of California, without regard to the choice of laws. In the event of a dispute arising under or related to this Agreement, Customer agrees to submit to the sole and exclusive jurisdiction and venue for any such litigation to the U.S. District Court for the Central District of California, Southern Division, located in Santa Ana, California or the Superior Court for the County of Orange. Customer hereby irrevocably consent to the personal jurisdiction of those courts.
The failure of Provider to enforce any provision of this Agreement will not constitute a waiver of the Provider’s rights to subsequently enforce the provision. Any waivers granted under this Agreement are effective only if recorded in a writing signed by the Party granting such waiver. If any provision of this Agreement is determined by any court or governmental authority to be unenforceable, the parties intend that this Agreement be enforced as if the unenforceable provisions were not present and that any partially valid and enforceable provisions be enforced to the extent that they are enforceable.
MatterHackers may modify the Agreement at its sole discretion by posting the revised terms on the Platform or on MatterHackers.com. Your continued use of the Platform of any other affiliated website of MatterHackers after any amendment evidences your agreement to be bound by the revised Terms.