IMPORTANT – PLEASE READ CAREFULLY THE TERMS OF THIS END USER LICENSE AGREEMENT (“AGREEMENT”). BY CLICKING ON THE “I AGREE” BUTTON, (1) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, IN ADDITION TO THE MAKERBOT TERMS OF SERVICE (found at http://store.makerbot.com/terms) AND (2) YOU REPRESENT THAT YOUR ARE 18 YEARS OF AGE OR OLDER AND YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY, OR IF ON BEHALF OF A COMPANY ENTERING INTO THIS AGREEMENT (EACH A “COMPANY”), TO BIND THAT COMPANY TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT, OR IF YOU DO NOT HAVE SUCH AUTHORITY, DO NOT USE THE LICENSED SOFTWARE AND DELETE IT FROM YOUR DEVICE. . IF THERE IS A CONFLICT BETWEEN THE FOLLOWING TERMS AND THE MAKERBOT TERMS OF SERVICE, THE FOLLOWING TERMS SHALL PREVAIL.
1.1 This Agreement is a legal agreement between you (or the Company you represent) and MakerBot Industries, LLC, (“MakerBot”) for MakerBot PrintShop, which may be provided separately or in the form of pre-installed, embedded software on a MakerBot product and which includes all associated media, printed materials and “online” or electronic documentation (the “Licensed Software”). You may need devices that meet the system and compatibility requirements for the Licensed Software, which may change from time to time. By accepting this Agreement, you are also accepting the additional terms and conditions, if any, set forth therein. By downloading the Licensed Software you agree to be bound by the terms of this Agreement. If you do not agree to the terms and conditions of this Agreement or do not have the authority warranted above, do not download or use the Licensed Software.
1.4. UPDATES. You may need to install updates to the Licensed Software that we introduce from time to time to use the Licensed Software. The Licensed Software may communicate with MakerBot servers from time to time to check for available updates to the Licensed Products and to the functionality of the Licensed Products, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collective, “Updates”). Based on the settings for the device you installed the Licensed Software on (the “Device”), when the Device is connected to the Internet, either a) the Licensed Software 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 Licensed Software 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 Licensed Software and be subject to all terms and conditions of this Agreement.
1.5. 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 Agreement, 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 Agreement or are otherwise objectionable.
3. RESTRICTIONS. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Licensed Software or make the Licensed Software available to any third party other than an authorized User; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Licensed Software; (c) you shall not access the Licensed Software in order to build a similar or competitive product or service; (d) except as expressly stated herein, no part of the Licensed Software may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means; (e) you shall not use the Licensed Software to violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; and (f) any future release, update, or other addition to functionality of the Licensed Software shall be subject to the terms of this Agreement, unless MakerBot expressly states otherwise. Neither MakerBot nor any of its suppliers is obligated to provide any services, updates or upgrades to the Licensed Software. You shall preserve all copyright and other proprietary rights notices in the Licensed Software and all copies thereof.
4. OPEN-SOURCE SOFTWARE. The Licensed Software may include components that are incorporated into or distributed with the Licensed Software, but are actually licensed to you under one or more “open-source” or “free software” licenses (the “Open Source Licensed Software”). If this is the case, the LICENSE text file that accompanies the Licensed Software will identify the Open Source Licensed Software and contain third-party notices that MakerBot is required to provide to you in conjunction with the Open Source Licensed Software. Notwithstanding anything to the contrary in this Agreement, the Open Source Licensed Software is not licensed under (and is not subject to the terms of) this Agreement, and instead is separately licensed to you pursuant to the terms and conditions of their respective open-source software licenses. Copies of such open-source software licenses will be reproduced in the LICENSE text file, and you hereby agree to comply with the terms and conditions of such open-source software license agreements.
6. OWNERSHIP. All right, title, and interest, including all intellectual property rights, in and to the Licensed Software (including any and all copies thereof but excluding any Open Source Licensed Software included therein) shall be owned and retained by MakerBot or its suppliers. Any rights not expressly granted by MakerBot in this Agreement are reserved. You acknowledge that you acquire no ownership interest in the Licensed Software by virtue of downloading or using the Licensed Software.
7. DISCLAIMER OF WARRANTIES. THE LICENSED SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN “AS-IS” BASIS. MAKERBOT AND ITS SUPPLIERS DISCLAIM ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES RELATING TO THE LICENSED SOFTWARE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MAKERBOT DOES NOT WARRANT THAT USE OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE LICENSED SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE LICENSED SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DOWNLOAD.
8. LIMITATION OF REMEDIES AND DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MAKERBOT NOR ITS SUPPLIERS SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS OR CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (B) FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAKERBOT’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER SHALL NOT EXCEED THE GREATER OF FIFTY DOLLARS ($50.00) OR THE AMOUNT PAID BY YOU FOR THE LICENSED SOFTWARE THAT CAUSED SUCH DAMAGE. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
9. APPLICATION OF LIMITATIONS AND DISCLAIMERS TO CONSUMERS. The limitations or exclusions of warranties and liability contained in this Agreement do not affect or prejudice your statutory rights as a consumer, i.e., a person acquiring goods otherwise than in the course of a business. The limitations or exclusions of warranties and remedies contained in this Agreement shall apply to you only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.
10. BASIS OF BARGAIN. The warranty disclaimer and limitation of liability set forth above are fundamental elements of the basis of this Agreement between MakerBot and you. MakerBot would not be able to provide the Licensed Software on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of MakerBot’s suppliers.
11. TERM AND TERMINATION. This Agreement and the licenses granted hereunder are effective on the date you download the Licensed Software and shall continue unless and until this Agreement is terminated by MakerBot pursuant to this section. MakerBot may terminate this Agreement immediately upon notice in the event that you materially breach any of the terms hereof. Upon termination, the license granted hereunder shall terminate and you shall immediately destroy any copies of the Licensed Software in your possession, but the terms of this Agreement which are intended to survive termination will remain in effect. Your obligations under sections 6, 7, 8, 11, 12, 13,14 and 15 shall survive the expiration or termination of this agreement.
12. INDEMNITY. You agree to indemnify and hold MakerBot (and its officers, employees, and agents) harmless from and against all damages losses, and expenses of any kind (including reasonable legal fees and costs) related to any claim or demand made by any third party due to or arising out of (a) your use of the Licensed Software, (b) your violation of this Agreement; or (c) your violation of applicable laws or regulations. MakerBot reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of MakerBot. MakerBot will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
13. EXPORT. The Licensed Software and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from MakerBot, or any products utilizing such data, in violation of the United States export laws or regulations. You will indemnify and hold MakerBot harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorneys’ fees) arising from or relating to any breach by you of your obligations under this section.
14. U.S. GOVERNMENT RESTRICTED RIGHTS. All Software and Documentation provided to the U.S. Government are provided with the same commercial license rights and restrictions described elsewhere herein.
15. MISCELLANEOUS. Neither the rights nor the obligations arising under this Agreement are assignable by you, and any such attempted assignment or transfer shall be void and without effect. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, U.S.A., without regard to the choice-of-law principles thereof. Any dispute between the parties arising under or relating to this Agreement shall be subject to the exclusive jurisdiction of the United States state or federal courts sitting in New York, New York, U.S.A., and each party hereby submits to the personal jurisdiction of such courts, except that MakerBot may seek relief in any court of competent jurisdiction to protect or enforce its intellectual property and proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. In the event that any provision of this Agreement is found to be contrary to law, then such provision shall be construed as nearly as possible to reflect the intention of the parties, with the other provisions remaining in full force and effect. Any notice to you may be provided by email. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and any and all written or oral agreements previously existing between the parties are expressly canceled. Except as otherwise expressly provided in this Agreement, any modifications of this Agreement must be in writing and agreed to by both parties.
QUESTIONS OR ADDITIONAL INFORMATION. If you have questions regarding this Agreement, or wish to obtain additional information, please send an e-mail to our Customer Care Department through our contact page.
--------------------------------------------------------- LICENSE text file MakerBot PrintShop AFNetworking v. 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. RestKit v. 0.20.1 © 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. OpenCV http://opencv.org License Agreement For Open Source Computer Vision Library (3-clause BSD License) Redistribution and use in source and binary forms, with or without modification,are permitted provided that the following conditions are met: * Redistributions of source code must retain the above copyright notice,this list of conditions and the following disclaimer. * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. * Neither the names of the copyright holders nor the names of the contributors may be used to endorse or promote products derived from this software without specific prior written permission. This software is provided by the copyright holders and contributors "as is" and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed.In no event shall copyright holders or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage. poly2tri-c https://code.google.com/p/poly2tri-c Poly2Tri-C Copyright (c) 2011-2012, Barak Itkin http://code.google.com/p/poly2tri-c/ All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. * Neither the name of Poly2Tri-C nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Clipper http://www.angusj.com/delphi/clipper.php Boost Software License - Version 1.0 - August 17th, 2003 Permission is hereby granted, free of charge, to any person or organization obtaining a copy of the software and accompanying documentation covered by this license (the "Software") to use, reproduce, display, distribute, execute, and transmit the Software, and to prepare derivative works of the Software, and to permit third-parties to whom the Software is furnished to do so, all subject to the following: The copyright notices in the Software and this entire statement, including the above license grant, this restriction and the following disclaimer, must be included in all copies of the Software, in whole or in part, and all derivative works of the Software, unless such copies or derivative works are solely in the form of machine-executable object code generated by a source language processor. 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, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.