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End User License Agreement for Digital Downloads

End User License Agreement for Digital Downloads

Tinkering Paws, Inh. Kim Rose

Bahnhofstr. 6, 45701 Herten, Germany 

www.tinkeringpaws.com or www.tinkeringpaws.de

Digital Downloads User Agreement

 

Thank you for purchasing one or more Tinkering Paws STL files (the "Product" or "Products"). These Products are available to you subject to your compliance with the terms and conditions set forth below (the "Terms & Conditions"). Please read this document carefully before accessing or using the Product.

By purchasing and downloading the Product, you agree to be bound by these Terms & Conditions. If you do not agree, you may not purchase or download Tinkering Paws STL files.

 

SUMMARY

All Tinkering Paws STL files are the property of Tinkering Paws, Inh. Kim Rose and are protected by international and contractual law. The files are for personal use only and may not be copied, shared, transferred, modified, or resold. Any unauthorized use of the STL files constitutes a breach of this agreement and may result in legal action.

Even with no agreement, this would be true and you would be bound by the laws protecting intellectual property.

Tinkering Paws, Inh. Kim Rose Digital files are for personal use only and may not be copied, shared, transferred or resold. These digital files may not be cast or duplicated by any means of physical fabrication other than the 3D printer application for personal use. You may not alter products and any derivative form of Tinkering Paws, Inh. Kim Rose products remain the property of Tinkering Paws, Inh. Kim Rose You may not monetize Tinkering Paws, Inh. Kim Rose Products in any way, either by selling the files or by reproducing the files and selling the physical product produced.

 

DIGITAL CONTENT LICENSE AGREEMENT

Please read carefully before downloading the digital content. This is a legal agreement (“agreement”) between you (“licensee”) and Tinkering Paws, Inh. Kim Rose (“licensor”). By accepting and downloading the licensor’s product, you agree to be bound by the terms of this agreement.

 

Section 1: Definitions

  • Product: Any Licensor STL (.STL) files downloaded from www.tinkeringpaws.com.
  • Licensee: You, the purchaser of the STL files.

 

Section 2: Grant of Rights

Subject to the Licensee’s payment of the purchase price for the Product and the Licensee’s compliance with the terms of this Agreement, Licensor grants the Licensee a non-transferable, non-exclusive, non-sublicensable right to use the Product only for the Permitted Use (“Permitted Uses”) described below. No ownership or copyright in any Product shall be transferred to the Licensee by the grant of the license contained in this Agreement. All rights not specifically granted by this Licensor, the copyright holder, retains agreement.

 

Section 3: License

Licensee may:

  • Use the Product to create 3D-printed objects for personal use only.
  • Store the Product on personal devices solely for personal use.

 

Section 4: Permitted Uses

Licensee may use the Product to create 3D printed objects for their sole personal use (STLs) or store and print PDF files for their sole personal use (PDFs).

 

Section 5: Restrictions on Use

  1. The licensee may not permit the use, rent, loan, or by any act to allow another person or persons to use the Product.
  2. The licensee may not sell, rent, barter, or by any action commercialize 3D prints or PDFs made using the Product.
  3. The Licensee may not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, services, or materials you print under this license. Tinkering Paws, Inh. Kim Rose reserves the sole right to manufacture and sell physical copies of the Product or to monetize the product in any way.
  4. The Licensee may not sublicense, sell, distribute, assign, convey, or transfer the Product, or any of its rights under this agreement.
  5. The Licensee may not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site, PDFs, or STL files.
  6. The Licensee may not distribute, post, or upload the Product online in a downloadable format or enable it to be distributed via mobile telephone devices.
  7. The Licensee may not access the Site, Services, PDFs, or STL files to build a similar or competitive service.
  8. Except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.
  9. The Licensee may not use any Product in a pornographic, defamatory, obscene, offensive, libelous, or otherwise illegal manner, whether directly or in context or juxtaposition with specific subject matter and/or other materials.
  10. The Licensee may not use any Product in any way that infringes on any copyright, trade name, trademark, or service mark.
  11. The Licensee may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of Tinkering Paws, Inh. Kim Rose without our express written consent. You may not use META tags or any other "hidden text" that utilizes any derivative of our domain or business name without the express written consent of Tinkering Paws, Inh. Kim Rose.

 

Section 6: Termination and Revocation

Licensor reserves the right to automatically terminate this Agreement or revoke the license contained in this Agreement and Invoice without notice if Licensee fails to comply with any provision of this Agreement. Upon termination, the Licensee must immediately stop using the Product, delete the Product and all copies from all computer systems and storage, and destroy all other copies.

 

Section 7: Support and Maintenance

You acknowledge and agree that Tinkering Paws, Inh. Kim Rose will have no obligation to provide you with any support or maintenance in connection with The Product.

 

Section 8: Ownership

All intellectual property rights, including copyrights, patents, trademarks, and STL files related to the Product are owned by Tinkering Paws, Inh. Kim Rose. No rights, title, or interest in the Product are transferred to the Licensee.

 

Section 9: Modification

Tinkering Paws, Inh. Kim Rose reserves the right at any time to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Tinkering Paws, Inh. Kim Rose will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.

Your continued access to this website shall be deemed your conclusive acceptance of the modified agreement, and the modified agreement shall apply to existing content uploaded to the Website at the time of the modification.

   

Section 10: Warranty and Disclaimers

  1. The Licensor represents that it has the right to grant the license herein.
  2. Due to the nature of digital downloads, all sales are final. The Licensee acknowledges that once the Product is downloaded, no refund can be given. If you do not agree to these terms, please do not proceed with the purchase and download of the Product.
  3. The Licensor’s entire liability and Licensee’s sole and exclusive remedy for a breach of the foregoing warranty and concerning any claims arising out of this Agreement is the refund of the purchase price or replacement of the Product, at the Licensor’s option.
  4. The Licensee represents and warrants that it has the right and authority to enter into this Agreement, and that it will not use the Product in any way that is not permitted by this Agreement.
  5. The Licensee agrees that the Licensor makes no warranties concerning the use of names, people, trademarks, trade dress, logo types, registered, unregistered, or copyrighted designs, or works of art or architecture depicted in any Product.
  6. It is further understood and agreed that Tinkering Paws, Inh. Kim Rose cannot and does not guarantee or warrant that files made available for downloading through the Tinkering Paws Website will be free of infection or viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. It is your responsibility to implement sufficient safeguards and procedures to ensure that any files obtained through Tinkering Paws website are free from such contaminations.

 

Section 11: User Data

By using our site you expressly consent to us collecting information for the following purposes:

We will use your data to

  1. process any purchases made by you;
  2. ensure that content from our Site is presented most effectively for you and your computer;
  3. to provide you with information, products, or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
  4. to allow you to participate in interactive features of our service when you choose to do so; and
  5. to permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and you agree that we or they may contact you about these from time to time.

 

Section 12: Governing Law and Jurisdiction

This Agreement is governed by the laws of Germany. Any disputes arising from this Agreement will be subject to the exclusive jurisdiction of the courts in Germany.

International users acknowledge that any violation of this Agreement constitutes a breach of contract, and the Licensor retains the right to pursue legal action in any jurisdiction where the breach occurs.

 

Section 13: Enforcement 

Tinkering Paws, Inh. Kim Rose failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms & Conditions. Tinkering Paws, Inh. Kim Rose may assign its rights and duties under these Terms & Conditions to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.

 

Section 14: DMCA Takedown Requests

The Licensor reserves the right to file DMCA Takedown Requests for any unauthorized uploads or distributions of the Product. This includes any websites, forums, or platforms where the Product is shared without Licensor's permission.

 

Section 15: Indemnification 

You agree to indemnify, defend, and hold harmless Tinkering Paws, Inh. Kim Rose, its officers, owners, partners, employees, agents, licensors, suppliers, and any third-party information provider to the Website from and against all losses, expenses, damages, and costs, including legal fees, resulting from any violation of these Terms & Conditions (including negligent or wrongful conduct) by you, or your use and access of the Tinkering Paws Website.

 

Section 16: Entire Agreement 

You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. This Agreement contains all the terms of the agreement between the Licensor and the Licensee concerning the use of the Product and, no terms, or conditions may be added or deleted unless made in writing and signed by the Licensor. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other writing sent by the Licensee, the terms of this Agreement shall govern.

 

If you do not agree with all of the provisions of these terms of use, do not purchase Tinkering Paws, Inh. Kim Rose Digital Downloads.