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 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.
2. License RestrictionsYou 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 RightsYou 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.
(a) NETWORK ACCESS AND REMOTE FUNCTIONALITY
(b) CLOUD LIBRARY
(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.