This plugin end user license agreement, including the MakerBot Terms of Use (found at www.makerbot.com/legal/terms) which by this reference is incorporated herein (this “Plugin EULA”), is a binding Plugin EULA between MakerBot Industries, LLC (“MakerBot,” “Us,” “Our,” and/or “We”) and you (or the company you represent)(collectively, “You” or “Your”).
This Plugin EULA governs your use of certain MakerBot digital products, including plugins (including all related Documentation, the “Plugin”).
MAKERBOT PROVIDES THE PLUGIN SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS PLUGIN EULA AND ON THE CONDITION THAT YOU ACCEPT AND COMPLY WITH THEM.
BY DOWNLOADING, INSTALLING, OR USING THE PLUGIN YOU:
- ACKNOWLEDGE THAT YOU HAVE FULLY READ, UNDERSTAND, AGREE, AND ACCEPT THE TERMS OF ACCEPT THE TERM OF THIS PLUGIN EULA, IN ADDITION TO THE MAKERBOT TERMS OF USE (FOUND AT makerbot.com/LEGAL/TERMS) AND ANY OTHER SUPPLEMENTAL TERMS AND POLICIES THAT THIS PLUGIN EULA EXPRESSLY INCORPORATES BY REFERENCE, AND WHICH ARE THEREBY MADE A PART OF THIS PLUGIN EULA; AND
- REPRESENT AND WARRANT THAT (1) YOU ARE 18 YEARS OF AGE OR OLDER AND HAVE THE AUTHORITY TO ENTER INTO THIS PLUGIN EULA; AND (2) IF YOU ARE A CORPORATION, GOVERNMENTAL ORGANIZATION, OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS PLUGIN EULA ON BEHALF OF YOU AND BIND YOU TO ITS TERMS.
- YOU ACKNOWLEDGE AND AGREE THAT THE LANGUAGE OF THIS PLUGIN EULA IS HEREBY EXPRESSLY AGREED TO BE THE ENGLISH LANGUAGE. BY ENTERING INTO THIS PLUGIN EULA, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY LAW APPLICABLE TO YOU REQUIRING THAT THIS PLUGIN EULA BE LOCALIZED TO MEET YOUR LANGUAGE OR REQUIRING AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS.
IF YOU DO NOT AGREE TO THE TERMS OF THIS PLUGIN EULA, OR IF YOU DO NOT HAVE SUCH AUTHORITY, MAKERBOT WILL NOT AND DOES NOT LICENSE THE PLUGIN TO YOU AND YOU MUST NOT DOWNLOAD OR INSTALL THE PLUGIN.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS PLUGIN EULA OR YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS PLUGIN EULA, NO LICENSE IS GRANTED (WHETHER EXPRESSLY, BY IMPLICATION, OR OTHERWISE) UNDER THIS PLUGIN EULA, AND THIS PLUGIN EULA EXPRESSLY EXCLUDES ANY RIGHT, CONCERNING ANY PLUGIN THAT YOU DID NOT ACQUIRE LAWFULLY OR THAT IS NOT A LEGITIMATE, AUTHORIZED COPY OF MAKERBOT’S PLUGIN.
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License Grant and Scope.
Subject to and conditioned upon Your strict compliance with all terms and conditions set forth in this Plugin EULA, MakerBot hereby grants to You and those individuals authorized by You (“End Users”) a non-exclusive, non-transferable, non-sublicensable, limited license during the Term to use the Plugin, solely as set forth in this Section 1 and subject to all conditions and limitations set forth in Section 3 or elsewhere in this Plugin EULA. This license grants You the right, exercisable by You and Your End Users, to:
- Download, copy, and install in accordance with any user manuals, technical manuals, and any other materials provided by MakerBot, in printed, electronic, or other form, that describe the installation, operation, use, or technical specifications of the Plugin (the “Documentation”), the Plugin on a device owned by You.
- Use and run the Plugin as properly installed in accordance with this Plugin EULA and the Documentation, solely as set forth in the Documentation and solely for Your personal use or internal business purposes.
If You submit data to an Internet site hosted by MakerBot, You will be subject to the MakerBot Terms of Use (found at www.makerbot.com/legal/terms) and the MakerBot Privacy Policy (found at www.makerbot.com/legal/privacy).
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Open-Source Software.
The Plugin may include third party software components that are incorporated into or distributed with the Plugin and are subject to open source and/or pass-through commercial licenses and/or notices (“Open Source Licensed Software” and “Open Source Licensed Software Terms and Notices”, respectively). MakerBot may make available in any Plugin documentation a list (or other index) of such Open Source Licensed Software and Open Source Licensed Software Terms and Notices. Copies of such Open Source Licensed Software Terms and Notices have been reproduced below and You hereby agree to comply with the Open Source Licensed Software Terms and Notices contained therein. You acknowledge that any such Open Source Licensed Software is not licensed under (and is not subject to the terms of) this Plugin EULA, and instead is separately licensed to you pursuant to the Open Source Licensed Software Terms and Notices, and that to the extent of any conflict between this Plugin EULA and any Open Source Licensed Software Terms and Notices, the latter shall control. Any covenants, representations, warranties, guarantees, conditions, indemnities or other commitments made by MakerBot in this Plugin EULA concerning the Licensed Software (if any), are made by MakerBot and not by any authors, licensors, or suppliers of, or contributors to, such Open Source Licensed Software. Notwithstanding the foregoing sentence or anything in this Plugin EULA to the contrary, MakerBot does not make any representation, warranty, guarantee, or condition, and does not undertake any defense or indemnification, with respect to any Open Source Licensed Software.
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Use Restrictions.
You shall not, and shall require its End Users not to, directly or indirectly:
- use (including make any copies of) the Plugin beyond the scope of the license granted under Section 1;
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Plugin or any part thereof;
- combine the Plugin or any part thereof with, or incorporate the Plugin or any part thereof in, any other programs;
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Plugin or any part thereof;
- remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided on or with the Plugin, including any copy thereof;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Plugin, or any features or functionality of the Plugin, to any third party for any reason, whether or not over a network or on a hosted basis, including in connection with the internet or any web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, Plugin as a service, cloud, or other technology or service;
- use the Plugin in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including: (i) power generation systems; (ii) aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; (iii) safety-critical applications, including medical or life-support systems, vehicle operation applications, or any police, fire, or other safety response systems; and (iv) military or aerospace applications, weapons systems, or environments;
- use the Plugin in violation of any law, regulation, or rule; or
- use the Plugin for purposes of competitive analysis of the Plugin, the development of a competing Plugin product or service, or any other purpose that is to MakerBot’s commercial disadvantage.
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Responsibility for Use of Plugin.
You are responsible and liable for all uses of the Plugin through access thereto provided by You, directly or indirectly. Specifically, and without limiting the generality of the foregoing, You are responsible and liable for all actions and failures to take required actions with respect to the Plugin by Your End Users or by any other person to whom You or an End User may provide access to or use of the Plugin, whether such access or use is permitted by or in violation of this Plugin EULA.
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Updates to Plugins.
MakerBot may provide updates, upgrades, new versions, bug fixes, patches, enhanced functions, and other error corrections (collectively, “Updates”). MakerBot may develop and provide Updates in its sole discretion, and You agree that MakerBot has no obligation to develop any Updates at all or for particular issues. You further agree that all Updates will be subject to all terms and conditions of this Plugin EULA. You acknowledges that MakerBot may provide some or all Updates via download from a website designated by MakerBot and that Your receipt thereof will require an internet connection, which connection is Your sole responsibility. MakerBot has no obligation to provide Updates via any other media.
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Ownership.
You acknowledge and agree that the Plugin is provided under license, and not sold, to You. You do not acquire any ownership interest in the Plugin under this Plugin EULA, or any other rights thereto, other than to use the same in accordance with the license granted and subject to all terms, conditions, and restrictions under this Plugin EULA. MakerBot and its licensors reserve and shall retain their entire right, title, and interest in and to the Plugin (excluding any Open Source Licensed Software included therein) and all Intellectual Property Rights arising out of or relating to the Plugin, except as expressly granted to the You in this Plugin EULA. “Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world. You shall safeguard all Plugin (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. You shall promptly notify MakerBot if You become aware of any infringement of MakerBot’s Intellectual Property Rights in the Plugin and fully cooperate with MakerBot, at MakerBot’s sole expense, in any legal action taken by MakerBot to enforce its Intellectual Property Rights.
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Term and Termination.
- This Plugin EULA and the license granted hereunder shall remain in effect until terminated as set forth herein (the “Term”).
- MakerBot reserves the right to: (a) immediately terminate this Plugin EULA, or otherwise modify, suspend or discontinue Your access to and use of the Plugin (or any part thereof), without any notice to you, in the event You commit any breach under this Plugin EULA; and/or (b) terminate this Plugin EULA for convenience at any time upon e-mail notice to You, which will be deemed given upon transmission.
- Your sole remedy in the event You object to any provision of this Plugin EULA or become dissatisfied with the Plugin, is to terminate this Plugin EULA. You may terminate this Plugin EULA by ceasing to use and destroying all copies of the Plugin.
- Upon expiration or earlier termination of this Plugin EULA, the license granted hereunder shall also terminate, and You shall cease using and destroy all copies of the Plugin.
- Termination of this Plugin EULA shall not affect any right or liability accrued by either You or MakerBot as of the date of termination. Any provision in this Plugin EULA that is stated to survive termination, shall survive.
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Disclaimer/Warranty Disclaimer.
THE PLUGIN AND DOCUMENTATION ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MAKERBOT, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PLUGIN AND DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, MAKERBOT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE LICENSED PLUGIN WILL MEET THE YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER PLUGIN, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION (DISCLAIMER OF WARRANTIES) IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MAKERBOT.
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Limitation of Liability.
- TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: IN NO EVENT WILL MAKERBOT OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE PLUGIN; LOST REVENUES OR PROFITS; DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, OR GOODWILL; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; OR BREACHES IN SYSTEM SECURITY; OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS PLUGIN EULA, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT MAKERBOT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- IN NO EVENT WILL MAKERBOT’S AND ITS AFFILIATES’ COLLECTIVE AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS PLUGIN EULA OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, EXCEED TEN U.S. DOLLARS $10.00.
- THE LIMITATIONS SET FORTH IN SECTION 9(a) AND SECTION 9(b) SHALL APPLY EVEN IF THE YOUR REMEDIES UNDER THIS PLUGIN EULA FAIL OF THEIR ESSENTIAL PURPOSE.
- YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION (LIMITATION OF LIABILITY) IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MAKERBOT.
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Indemnification.
In the event of any third party demand, claim, suit, action and/or proceeding against MakerBot, a MakerBot affiliate, and/or any of the foregoing entities’ respective directors, officers, employees, agents, representatives, customers, suppliers, or licensors (each, an “Indemnitee”), and it is based upon or arises from Your: (a) use of the Plugin (or any part thereof); (b) breach of any provision of this Plugin EULA; and/or (c) violation of any law applicable to You, (each of the foregoing, a “Claim”) then, upon written request by MakerBot (to be decided in its sole discretion), You agree to assume full control of the defense and settlement of the Claim; provided, however, that (i) MakerBot reserves the right, at any time thereafter, to take over full or partial control of the defense and/or settlement of the Claim; and (ii) You shall not settle any Claim, or admit to any liability thereunder, without the prior express written consent of MakerBot.
In addition, and regardless of whether (or the extent to which) You participated in the defense and/or settlement of a Claim, You agree to indemnify and hold harmless the Indemnitee for and against: (i) any costs and expenses (including without limitation reasonable attorneys’ fees) incurred by the Indemnitee in the defense of such Claim; and (ii) any amounts awarded against, or imposed upon, the Indemnitee under such Claim, or otherwise paid in settlement of the Claim (including without limitation damages, losses, liabilities, and fines).
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Export Regulation.
The Plugin and Documentation may be subject to Export Control Laws. “Export Control Laws” means all export and re-export control laws applicable to You, as well as the United States’ Export Administration Regulations (EAR) maintained by the US Department of Commerce, trade and economic sanctions maintained by the US Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations (ITAR) maintained by the US Department of State. You shall not, directly or indirectly, export, re-export, or release the Plugin to, or make the Plugin accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Plugin or Documentation available outside the US.
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US Government Rights.
The Plugin is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if You are the US Government or any contractor therefor, You shall receive only those rights with respect to the Plugin and Documentation as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
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Miscellaneous.
- Governing Law and Venue. All matters arising out of or relating to this Plugin EULA shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or relating to this Plugin EULA or the transactions contemplated hereby shall be instituted in the federal courts of the United States of America or the courts of the State of New York, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such legal suit, action, or proceeding. Service of process, summons, notice, or other document by mail to such party’s address set forth herein shall be effective service of process for any suit, action, or other proceeding brought in any such court.
- Force Majeure. MakerBot will not be responsible or liable to You, or deemed in default or breach hereunder by reason of any failure or delay in the performance of its obligations hereunder where such failure or delay is due to strikes, labor disputes, civil disturbances, riot, rebellion, invasion, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or non-availability of electrical power, heat, light, air conditioning, or You equipment, loss and destruction of property, or any other circumstances or causes beyond MakerBot’s reasonable control.
- Notices. You agree that MakerBot may send You notice by email, via your MakerBot Company Account, by regular mail, and/or via postings on or through the Plugin. Except as stated otherwise in this Plugin EULA or required by law applicable to You, You agree to send all notices to MakerBot, to legal@makerbot.com.
- Entire Plugin EULA. This Plugin EULA, together with all supplemental terms and agreements that are incorporated by reference herein, including, but not limited to, the MakerBot Terms of Use (available at makerbot.com/legal/terms) and the MakerBot Privacy Policy (found at www.makerbot.com/legal/privacy), represents the entire agreement between You and MakerBot with respect to the subject matter hereof, and supersedes and replaces any and all prior and contemporaneous oral or written understandings and statements with respect to such subject matter.
- Remedies. Except as stated otherwise in this Plugin EULA, no right or remedy conferred upon or reserved by You or MakerBot under this Plugin EULA is intended to be, or shall be deemed, exclusive of any other right or remedy under this Plugin EULA, at law or in equity, but shall be cumulative of such other rights and remedies.
- Assignment. MakerBot may assign this Plugin EULA (or any of its rights and obligations hereunder) without Your consent and without notice.
- Waiver. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Plugin EULA, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Plugin EULA shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
- Severability. If any term or provision of this Plugin EULA is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Plugin EULA or invalidate or render unenforceable such term or provision in any other jurisdiction.
Plugin for Autodesk Inventor® software
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Json v11.0.2
The MIT License (MIT)
Copyright (c) 2007 James Newton-King
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software“), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
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XamlAnimatedGif
Copyright Thomas Levesque
Licensed under the Apache License, Version 2.0 (the “License“); you may not use this file except in compliance with the License. You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
Plugin for SOLIDWORKS® software
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SolidDna v1.0.1.4
MIT License
Copyright (c) 2017
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software“), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
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XamlAnimatedGif
Copyright Thomas Levesque
Licensed under the Apache License, Version 2.0 (the “License“); you may not use this file except in compliance with the License. You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
Autodesk Inventor is a registered trademark of Autodesk, Inc. SOLIDWORKS is a registered trademark of Dassault Systèmes SolidWorks Corporation. The Plugins are not affiliated with or otherwise sponsored by Autodesk, Inc. or Dassault Systèmes SolidWorks Corporation.