Valentine's Skull Heart | STL for 3D Printing

END USER LICENSE AGREEMENT

PERSONAL LICENSE

PLEASE READ THIS DOCUMENT CAREFULLY. IT SIGNIFICANTLY ALTERS YOUR LEGAL RIGHTS AND REMEDIES.

BY CLICKING “I AGREE” OR DOWNLOADING OR USING THE DIGITAL PRODUCT OR RECEIVING THE PROFESSIONAL SERVICES TO WHICH THIS AGREEMENT RELATES YOU ACCEPT ALL OF THIS AGREEMENT’S TERMS, INCLUDING THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON DAMAGES, USE AND TRANSFERABILITY. IF YOU DO NOT ACCEPT THIS AGREEMENT’S TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE DIGITAL PRODUCT OR RECEIVE OR USE THE PROFESSIONAL SERVICES.

This End-User License Agreement (this “EULA”) is a legal agreement between;

1. The customer (“Licensee”)

and

2. The seller (“Licensor”), the author of:

• the STL file including all data files and graphics files (the “Software”),
• the artistic design and the Intellectual Property Rights at the origin of the Software,
• the deliverables provided pursuant to this EULA, which may include associated media, printed materials, and “online” or electronic documentation.

By purchasing, installing, copying, or otherwise using the Software, Licensee agrees to be bound by the terms and conditions set forth in this EULA. If Licensee does not agree to the terms and conditions set forth in this EULA, then Licensee may not download, install, or use the Software.

1.Definitions

1. “Agreement” means this License Agreement.
2. „Licensee“ means the customer.
3. „Licensor“ means the seller.
4.  „Software“ means the STL file and all other delivered files.
5. „Object“ means 3D-printed items from the STL file (the „software“).

2. Grant of License

1. Scope of License. Subject to the terms of this EULA, Licensor hereby grants to Licensee a royalty-free, non-exclusive license to possess and to use a copy of the Software.
2. Installation and Use. Licensee can make back-up copies of the Software. Licensee may install and use an unlimited number of   copies of the Software and make multiple back-up copies of the Software, solely for Licensee’s personal use. 
3. Reproduction and Distribution of the Software
   1. The Licensee cannot use the Software, for purposes other than as specified in this Agreement.
   2. The Licensee will not distribute, sell, License or sub-License, let, trade or expose for sale the Software or objects to a third party.
   3. No copies of the Software are to be made other than as expressly approved by Licensor (as in 2. B) 1.)
   4. No changes to the Software or its content may be made by Licensee.
   5. Licensee shall ensure that the Software retains all Licensor copyright notices and other proprietary legends and all trademarks or service marks of Licensor.
4. Reproduction and Distribution of the Objects
   1. Personal License
      1. The Licensee can print unlimited objects for strictly personal use.
      2. Printed objects for family and friends are considered personal use and thus allowed, if no sale or financial profit for Licensee is involved.
      3. The Licensee will not distribute (other than 2. D) 2.), sell, License or sub-License, let, trade or expose for sale the 3D-printed objects to a third party.

3. Description of Rights and Limitations

1. Limitations. Licensee and third parties may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation. 
2. Update and Maintenance. Licensor has NO obligation to provide updates and/or maintenance services for the Software.
3. Support. Licensor has NO obligation to provide support services for the Software.
4. Separation of Components. The Software is licensed as a single product. Its components may not be separated for use on more than one computer. 

4. Title to Software. Licensor represents and warrants that it has the legal right to enter into and perform its obligations under this EULA, and that use by the Licensee of the Software, in accordance with the terms of this EULA, will not infringe upon the intellectual property rights of any third parties.

5. Intellectual Property.

1. All now known or hereafter known tangible and intangible rights, title, interest, copyrights and moral rights in and to the Software, the artistic design at the origin of the software, including but not limited to all images, text and information, are owned by Licensor. The Software and the artistic design (Intellectual Property) are protected by all applicable copyright laws and international treaties. 
2. The Licensee will not represent themselves as the creator or owner of the Intellectual Property.

6. Duration.

This EULA is perpetual. 

7. Jurisdiction. This EULA shall be deemed to have been made in, and shall be construed pursuant to the laws of Germany, without regard to conflicts of laws provisions thereof. Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in Mainz, Rheinland-Pfalz, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, attorneys’ fees. This EULA is made within the exclusive jurisdiction of Germany, and its jurisdiction shall supersede any other jurisdiction of either party’s election. 

8. Non-Transferable.

This EULA is not assignable or transferable by Licensee, and any attempt to do so would be void.

9. Severability.  No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.

10. WARRANTY DISCLAIMER. LICENSOR, AND AUTHOR OF THE SOFTWARE, HEREBY EXPRESSLY DISCLAIM ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSEE ACCEPTS ANY AND ALL RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE.

11. LIMITATION OF LIABILITY. LICENSOR SHALL NOT BE LIABLE TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE ANY LOSS OF PROFITS, INCOME, SAVINGS, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGE, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. UNDER NO CIRCUMSTANCES SHALL LICENSOR’S AGGREGATE LIABILITY TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE, EXCEED THE FINANCIAL AMOUNT ACTUALLY PAID BY LICENSEE TO LICENSOR FOR THE SOFTWARE.

12. Indemnification

1. Indemnification
   1. The Licensee must indemnify, defend and hold harmless Licensor from and against any and all claims (including third party claims), demands, actions, suits, expenses (including attorney’s fees) and damages (including indirect or consequential loss) resulting in any way from:
   2. Licensee’s and Licensee’s employee’s use or reliance on the Asset,
   3. any breach of the terms of this License Agreement by the Licensee or any Licensee employee, and 
   4. any other act of Licensee.
2. This clause 12 will survive termination of this Agreement.

13. Entire Agreement. This EULA constitutes the entire agreement between Licensor and Licensee and supersedes all prior understandings of Licensor and Licensee, including any prior representation, statement, condition, or warranty with respect to the subject matter of this EULA.