IMPORTANT – PLEASE READ CAREFULLY THE TERMS OF THIS MOBILE APPLICATION END USER LICENSE AGREEMENT (“MOBILE EULA“), WHICH CONSTITUTES A BINDING AGREEMENT BETWEEN YOU (OR THE COMPANY YOU REPRESENT) (COLLECTIVELY “YOU” OR “YOUR”) AND MAKERBOT INDUSTRIES, LLC AND ITS AFFILIATES (“MAKERBOT,” “US,” “OUR,” AND/OR “WE”). THIS MOBILE EULA GOVERNS YOUR USE OF CERTAIN MAKERBOT DIGITAL PRODUCTS, INCLUDING MOBILE AND/OR TABLET APPLICATIONS (INCLUDING ALL RELATED DOCUMENTATION, THE “APPLICATION”). THE APPLICATION IS LICENSED, NOT SOLD, TO YOU. BY DOWNLOADING OR INSTALLING OR USING THE APPLICATION, YOU AGREE TO THE FOLLOWING (THE DATE OF SUCH OCCURRENCE BEING THE “EFFECTIVE DATE”):
- YOU ACKNOWLEDGE THAT YOU HAVE FULLY READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS MOBILE EULA, IN ADDITION TO THE MAKERBOT TERMS OF USE (FOUND AT HTTP://www.makerbot.com/LEGAL/TERMS) AND ANY OTHER SUPPLEMENTAL TERMS AND POLICIES THAT THIS MOBILE EULA EXPRESSLY INCORPORATES BY REFERENCE, AND WHICH ARE THEREBY MADE A PART OF THIS MOBILE EULA;
- YOU REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND YOU HAVE THE AUTHORITY TO ENTER INTO THIS MOBILE EULA PERSONALLY, OR IF ON BEHALF OF A COMPANY ENTERING INTO THIS MOBILE EULA (EACH A “COMPANY”), TO BIND THAT COMPANY TO THE TERMS OF THIS MOBILE EULA; AND
- YOU ACKNOWLEDGE AND AGREE THAT THE LANGUAGE OF THIS MOBILE EULA IS HEREBY EXPRESSLY AGREED TO BE THE ENGLISH LANGUAGE. BY ENTERING INTO THIS MOBILE EULA, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY LAW APPLICABLE TO YOU REQUIRING THAT THIS MOBILE EULA BE LOCALIZED TO MEET YOUR LANGUAGE OR REQUIRING AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS.
1. License Grant
Subject to the terms of this Mobile EULA, MakerBot grants You a limited, non-exclusive and nontransferable license to: (a) download, install and use the Application for Your non-commercial use on a single mobile and/or tablet device owned or otherwise controlled by You (“Mobile Device“) strictly in accordance with the Application’s documentation; and (b) access, stream, download and use on such Mobile Device the Content and Services (as defined Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Mobile EULA and the Terms of Use applicable to such Content and Services as set forth in Section 5 (all of the foregoing the “License”).2. License Restrictions
You shall not: (a) copy the Application; (b) modify, translate, adapt or otherwise create derivative works or improvements of the Application; (c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or (f) use the Application in, or in association with, the design, construction, maintenance or operation of any hazardous environments or systems.3. Reservation of Rights
You acknowledge and agree that the Application is provided under License, and not sold, to You. You do not acquire any ownership interest in the Application under this Mobile EULA, or any other rights thereto other than to use the Application in accordance with the License granted, and subject to all terms, conditions and restrictions, under this Mobile EULA. MakerBot and its licensors and service providers reserves and shall retain their entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to You in this Mobile EULA.4. Collection and Use of Your Information
You acknowledge that when You download, install or use the Application, MakerBot may use automatic means (including, for example, cookies and web beacons) to collect information about Your Mobile Device and about Your use of the Application. You also may be required to provide certain information as a condition to downloading, installing or using the Application or certain of its features or functionality, and the Application may provide You with opportunities to share Your information with others. All information We collect through or in connection with this Application is subject to the MakerBot Privacy Policy (found at https://www.makerbot.com/legal/privacy). By downloading, installing, using and providing information to or through this Application, You consent to all actions taken by us with respect to Your information in compliance with the MakerBot Privacy Policy (found at https://www.makerbot.com/legal/privacy).5. Content and Services
The Application provides You with a link to www.makerbot.com and www.thingiverse.com (the “Sites“) and products and services accessible thereon, and certain features, functionality and content accessible on or through the Application may be hosted on the Sites (collectively, “Content and Services“). Your access to and use of such Content and Services are governed by the MakerBot Terms of Use and MakerBot Privacy Policy located respectively at https://www.makerbot.com/legal/terms and https://www.makerbot.com/legal/privacy, which are incorporated herein by this reference. Your access to and use of such Content and Services requires You to acknowledge Your acceptance of the MakerBot Terms of Use and MakerBot Privacy Policy located respectively at https://www.makerbot.com/legal/terms and https://www.makerbot.com/legal/privacy and register an account with the Sites (“User Account”) and Your failure to do so may restrict You from accessing or using certain of the Application’s features and functionality. Any violation of the MakerBot Terms of Use (found at https://www.makerbot.com/legal/terms) will also be deemed a violation of this Mobile EULA.(a) NETWORK ACCESS AND REMOTE FUNCTIONALITY
The Application may provide features and functionality that allow You to access a cloud library (the “Cloud Library”) and www.thingiverse.com (together, the “Networked Services”). You must log into the Sites with Your MakerBot user ID (“MakerBot ID”) to access the Networked Services. By accessing the Networked Services, You agree to be bound to the MakerBot Terms of Use (found at https://www.makerbot.com/legal/terms) as stated above. The Application may allow you to have remote access and function of your MakerBot hardware product. Your use of the Application operates as your consent to the transmission of standard information from your Mobile Device (including but not limited to technical information about your Mobile Device) for the connection to the MakerBot hardware product.
(b) CLOUD LIBRARY
The Application may provide features and functionality that allow You to store, retrieve, and/or manage digital content, such as .stl files (“Your Files”) in Your Cloud Library. MakerBot may use, access and retain Your Files stored in the Cloud Library in order to provide service to You and enforce the terms of the Mobile EULA, and You expressly give us all permissions We need to do so. These permissions include the rights to copy Your Files for backup purposes and access Your Files to provide technical support. You are responsible for backing up, to Your own computer or other device any of Your Files that You store or access via the Cloud Library. MakerBot does not guarantee or warrant that any of Your Files that You may store or access through the Cloud Library will not be subject to inadvertent damage, corruption or loss. MakerBot respects Your privacy and Your Files are subject to the MakerBot Privacy Policy (found at https://www.makerbot.com/legal/privacy). For purposes of this Mobile EULA, Your Files are considered part of User Content as defined in the MakerBot Terms of Use (found at https://www.makerbot.com/legal/terms).
(c) REMOVAL OF CONTENT
You acknowledge that MakerBot is not responsible or liable in any way for any of Your Files and has no duty to pre-screen Your Files. However, MakerBot reserves the right at all times to determine whether Your Files are appropriate and in compliance with this Mobile EULA, and may pre-screen, move, refuse, modify and/or remove Your Files at any time, without prior notice and in its sole discretion, if Your Files are found to be in violation of this Mobile EULA or are otherwise objectionable.
(d) USAGE RESTRICTIONS
MakerBot reserves the right to restrict access to the Application from certain locations. There may be limits on the types of content You can store in the Cloud Library using the Application, such as file types We do not support. MakerBot reserves the right to set storage limits for the Cloud Library.