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Last Updated: September 14, 2016

MAKERBOT MOBILE APPLICATION END USER LICENSE AGREEMENT

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”):

  1. 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 MAKDE A PART OF THIS MOBILE EULA;
  2. YOU REPRESENT THAT YOUR 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
  3. 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 WAVE 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.
IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS OF THIS MOBILE EULA, OR IF YOU DO NOT HAVE SUCH AUTHORITY, DO NOT USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE. IF THERE IS A CONFLICT BETWEEN THIS MOBILE EULA AND THE MAKERBOT TERMS OF USE (FOUND AT HTTP://WWW.MAKERBOT.COM/LEGAL/TERMS), THE FOLLOWING TERMS SHALL PREVAIL.

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 http://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 http://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 http://www.makerbot.com/legal/terms and http://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 http://www.makerbot.com/legal/terms and http://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 http://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 http://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 http://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 http://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.

6. Geographic Restrictions.

The Content and Services are based in the United States and provided for access and use by persons located in the United States. You acknowledge that You may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If You access the Content and Services from outside the United States, You are responsible for compliance with local laws.

7. Updates.

MakerBot may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that MakerBot has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on Your Mobile Device settings, when Your Mobile Device is connected to the internet either: (a) the Application will automatically download and install all available Updates; or (b) You may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should You fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Mobile EULA.

8. Open-Source Software.

The Application may include third party software components that are incorporated into or distributed with the Application and are subject to open source and/or pass-through commercial licenses and/or notices (“Open Source Application” and “Open Source Application Terms and Notices”, respectively). MakerBot may make available in any Application documentation a list (or other index) of such Open Source Application and Open Source Application Terms and Notices. Copies of such Open Source Application Terms and Notices have been reproduced in the license text file attached as an appendix to this Mobile EULA and You hereby agree to comply with the Open Source Application Terms and Notices contained therein. You acknowledge that any such Open Source Application is not licensed under (and is not subject to the terms of) this Mobile EULA, and instead is separately licensed to you pursuant to the Open Source Application Terms and Notices, and that to the extent of any conflict between this Mobile EULA and any Open Source Application Terms and Notices, the latter shall control. Any covenants, representations, warranties, guarantees, conditions, indemnities or other commitments made by MakerBot in this Mobile EULA concerning the Application (if any), are made by MakerBot and not by any authors, licensors, or suppliers of, or contributors to, such Open Source Application. Notwithstanding the foregoing sentence or anything in this Mobile 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 Application.

10. CONSENT TO USE OF USAGE STATISTICS

When you use the Application you will be automatically opted in to sharing certain usage statistics (the “Usage Statistics”) with MakerBot. The Usage Statistics may include, but are not limited to, date and time of action, type of action, any parameters associated with the type of action, Your GPS location, and Your MakerBot ID. The Usage Statistics will be automatically shared with MakerBot and/or any or all of its service providers’ servers once You are logged in to the Application. The purpose of collecting this information is to gather product usage information for product development purposes. MakerBot will use, process, and retain this information in accordance with the MakerBot Privacy Policy (found at http://www.makerbot.com/legal/privacy). You acknowledge and agree that the MakerBot Privacy Policy (found at http://www.makerbot.com/legal/privacy) may be changed from time to time by MakerBot and that, effective upon posting on the Sites or other written notice from MakerBot, You will be subject to such changes.

11. OWNERSHIP

You hereby acknowledge that the Application is or may be protected by laws, treaties, and conventions governing intellectual property. All right, title, and interest, including all intellectual property rights, in and to the Application (including any and all copies thereof but excluding any Open Source Application included therein) shall be owned and retained by MakerBot or licensors or suppliers. Any rights not expressly granted by MakerBot in this Mobile EULA are expressly reserved by MakerBot or its licensors or suppliers. You acknowledge that you acquire no ownership interest in the Application by virtue of downloading or using the Application.

12. DISCLAIMER OF WARRANTIES

THE APPLICATION, ITS DOCUMENTATION, AS WELL AS ANY OTHER ITEMS PROVIDED OR MADE AVAILABLE BY MAKERBOT, ARE PROVIDED TO YOU FREE OF CHARGE AND MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITH ALL FAULTS, WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF SERVICE, NON-INFRINGEMENT, REGARDING LATENT DEFECTS, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY MAKERBOT AND ITS LICENSORS AND SUPPLIERS.

IN ADDITION, NEITHER MAKERBOT NOR ITS LICENSOR OR SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION: (A) REGARDING THE CONTENT, EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS OF THE APPLICATION, DOCUMENTATION, AND SAID OTHER ITEMS; (B) THAT YOUR USE OF THE APPLICATION, DOCUMENTATION, OR SAID OTHER ITEMS WILL MEET YOUR REQUIRMENTS OR EXPECTATIONS, OR WILL BE INTERRUPTED, SECURE OR ERROR-FREE; OR (C) THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the disclaimer of certain implied warranties or conditions, and to the extent applicable to You, MakerBot limits the duration of such warranties and conditions to the duration of ninety (90) days from the Effective Date.

YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION (DISCLAIMER OF WARRANTIES) IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MAKERBOT.

13. LIMITATION OF LIABILITY

IN NO EVENT WILL MAKERBOT BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH THIS MOBILE EULA, FOR: (A) ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES; (B) ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF ANTICIPATED SAVINGS; (C) ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION, OR GOODWILL; AND/OR (D) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES. THE COMBINED AGGREGATE LIABILITY OF MAKERBOT UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AMOBILE EULA SHALL NOT EXCEED TEN U.S. DOLLARS (US$ 10). THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY: (i) EVEN IF MAKERBOT HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS; (B) EVEN IF ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; AND (C) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE AND STRICT LIABILITY). YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION (LIMITATION OF LIABILITY) IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MAKERBOT.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or of other damages, and to the extent applicable to You, such exclusions and limitations shall not apply.

14. 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 Application (or part thereof); (b) breach of any provision of this Mobile 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).

Term. The term of Mobile EULA commences when You download and/or install the Application and will continue in effect until terminated by You or MakerBot as set forth in Section 10.

15. Termination and Consequences of Termination.

You may terminate this Mobile EULA at any time by deleting the Application and all copies thereof from Your Mobile Device.

MakerBot may terminate this Mobile EULA at any time without notice. In addition, this Mobile EULA will terminate immediately and automatically without any notice if You violate any of the terms and conditions of this Mobile EULA.

Upon termination: (i) all rights granted to You under this Mobile EULA will also terminate; and (ii) You must cease all use of the Application and delete all copies of the Application from Your Mobile Device and User Account.

16. Disclaimer of Warranties.

THE APPLICATION IS PROVIDED TO LICENSEE “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 AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, 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, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, 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.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

17. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES; OR (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

18. GOVERNING LAW AND JURISDICTION.

This Mobile EULA shall be governed by, and construed in accordance with, the laws of the State of New York, USA without regard to any conflicts of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Mobile EULA and is hereby disclaimed. Any claim, dispute or controversy under, or otherwise in connection with, this Mobile EULA shall be subject to the exclusive jurisdiction and venue of the courts located in New York County, New York, and You hereby irrevocably and unconditionally submits to the personal jurisdiction of such courts and waive any jurisdictional, improper venue, inconvenient forum, or other objections to such jurisdiction and venue. Furthermore, You: (a) agree that any proceedings to resolve or litigate any claim, dispute or controversy will be conducted solely on an individual basis (and not in any class action or class-wide proceeding), and that You may initiate such proceedings only on its own behalf; (b) hereby irrevocably and unconditionally waives the right to litigate such claims, disputes, or controversies in court before a jury; and (c) agree not to participate in claims, disputes, or controversies brought in an attorney general or representative capacity, or in consolidated claims, disputes, or controversies involving another End User. Notwithstanding anything in this Mobile EULA to the contrary, MakerBot may seek injunctive relief, specific performance, and/or other equitable relief in any court worldwide that has competent jurisdiction.

19. GENERAL

Entire Agreement. This Mobile EULA 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.

Assignment. MakerBot may assign this Mobile EULA (or any of its rights and obligations hereunder) without Your consent and without notice.

Severability. If any provision of this Mobile EULA is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, then: (i) the remaining provisions of this Mobile EULA shall remain in full force and effect; and (ii) such affected provision shall be ineffective solely as to such jurisdiction (and only to the extent and for the duration of such invalidity, illegality, or unenforceability), and shall be substituted (in respect of such jurisdiction) with a valid, legal, and enforceable provision that most closely approximates the original legal intent and economic impact of such provision.

Remedies. Except as stated otherwise in this Mobile EULA, no right or remedy conferred upon or reserved by You or MakerBot under this Mobile EULA is intended to be, or shall be deemed, exclusive of any other right or remedy under this Mobile EULA, at law or in equity, but shall be cumulative of such other rights and remedies.

Waiver. No failure or delay on the part of You or MakerBot hereto in exercising any right or remedy under this Mobile EULA shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.

Notices. You agree that MakerBot may send You notice by email, via your Company Account, by regular mail, and/or via postings on or through the Application. Except as stated otherwise in this Mobile EULA or required by law applicable to You, You agree to send all notices to MakerBot, to legal@makerbot.com.

No Third Party Beneficiaries. Except as otherwise expressly provided in this Mobile EULA (for example, MakerBot affiliates and Indemnitees), there shall be no third-party beneficiaries to this Mobile EULA. You further acknowledge and agree that some of MakerBot’s suppliers and/or licensors may, in their agreements with MakerBot, be entitled to enforce certain rights and usage restrictions against users of the Application, and, to that extent, such suppliers and licensors shall have the right to enforce such rights and restrictions directly against You.

U.S. Government Restricted Rights. The software as part of the Application provided to the U.S. Government is provided with the same commercial license rights and restrictions described elsewhere herein.

Export Compliance. You agree to use the Application in compliance with all laws applicable to You. Without limiting the generality of the foregoing sentence, You must not use or otherwise export or re-export any Application in violation of any 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.

**MakerBot Mobile iOS / Thingiverse Mobile iOS**


1. AFNetworking (1.3.4)

Copyright (c) 2013-2014 AFNetworking (http://afnetworking.com/)

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.

 
2. RestKit (0.23.3)

© 2009-2014 The RestKit Project

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.
 

3. CHTCollectionViewWaterfallLayout (0.8)

Copyright (c) 2012 Nelson Tai  

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.
 

4. CocoaAsyncSocket (7.3.5)

The CocoaAsyncSocket project is in the public domain.

The original TCP version (AsyncSocket) was created by Dustin Voss in January 2003. Updated and maintained by Deusty LLC and the Apple development community.


5. CrashlyticsFramework (2.2.5)

http://try.crashlytics.com/terms/

 

6. FlurrySDK (4.3.2)

Developer's use of the SDK is governed by the license in the applicable Flurry Terms of Service. Some components of the SDK are governed by open source software licenses. In the event of any conflict between the license in the applicable Flurry Terms of Service and the applicable open source license, the terms of the open source license shall prevail with respect to those components.

 

7. GKImagePicker (0.0.1) 

Copyright (C) 2012, Georg Kitz, @gekitz

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.

 
8. GRKAlertBlocks (1.0.2)

Copyright (c) 2013 Levi Brown 

This work is licensed under the Creative Commons Attribution 3.0 Unported License. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/ or send a letter to Creative Commons, 444 Castro Street, Suite 900, Mountain View, California, 94041, USA.


9. ISO8601DateFormatterValueTransformer (0.6.0)

Apache License

Version 2.0, January 2004

http://www.apache.org/licenses/

 
10. MBCircular Progress Bar

Copyright (c) 2015 Mati Bot 

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.


11. MixPanel for iOS

Apache License

Version 2.0, January 2004

http://www.apache.org/licenses/


12. NSDate+TimeAgo (1.0.3)

ISC License

Copyright (c) 2011-2013, Kevin Lawler

Permission to use, copy, modify, and/or distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies.

THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.


13. RKValueTransformers (1.1.0)

Apache License

Version 2.0, January 2004

http://www.apache.org/licenses/ 


14. Reveal-iOS-SDK (1.0.6)

http://revealapp.com/RevealEULA.html

 
15. SMPageControl (1.2)

Copyright (C) 2012 by Spaceman Labs (http://www.spacemanlabs.com)

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.

 
16. SOCKit (1.1)

Apache License

Version 2.0, January 2004

http://www.apache.org/licenses/

 
17. SVPullToRefresh (0.4.1) 

Copyright (C) 2012 Sam Vermette

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.


18. TTTAttributedLabel (1.10.1)

Copyright (c) 2011 Matt Thompson (http://mattt.me/)

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.


19. TransitionKit (2.1.0)

Apache License

Version 2.0, January 2004

http://www.apache.org/licenses/

 
20. USStateAbbreviations (0.0.2) 

The MIT License (MIT) Copyright (c) 2013 Kevin Favro & Norman H. Harebottle III

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.

 


**MakerBot Mobile Android / Thingiverse Mobile Android**

 

1. ActionBar-PullToRefresh 

https://github.com/chrisbanes/ActionBar-PullToRefresh

Copyright 2013 Chris Banes 

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.
 

2. AndroidTouchGallery

https://github.com/Dreddik/AndroidTouchGallery

Copyright (c) 2012-2013 Roman Truba

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.


3. Circle Progress View

https://github.com/jakob-grabner/Circle-Progress-View/blob/master/LICENSE

MIT License

https://opensource.org/licenses/MIT


4. ion

https://github.com/koush/ion

Copyright 2013 Koushik Dutta (2013)
 
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.
 

5. Apache MINA

https://mina.apache.org/mina-project/index.html

The ASF licenses this file to you 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.

 
6. google-gson

https://code.google.com/p/google-gson/ 

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.


7. Mixpanel for Android

Apache License 

2.0, January 2004

https://github.com/mixpanel/mixpanel-android/blob/master/LICENSE

 
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