- MakerWare End User License Agreement
- IMPORTANT – PLEASE READ CAREFULLY THE TERMS OF THIS MakerWare end user LICENSE AGREEMENT (“AGREEMENT”). BY CLICKING TO CONTINUE THE INSTALLATION PROCESS, (1) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT AND (2) YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY, OR IF ON BEHALF OF THE COMPANY ENTERING INTO THIS AGREEMENT (each a “Company”), AND 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, YOU SHOULD DISCONTINUE THE INSTALLATION OF THE MakerWare UI software.
- 1. Agreement. This Agreement is a legal agreement between you (or the Company you represent) and MakerBot Industries, LLC, (“MakerBot”) for the MakerWare software, 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”). 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.
- 2. License. Subject to the terms and conditions of this Agreement, MakerBot grants to you a nontransferable, nonexclusive, royalty-free, fully paid, revocable, worldwide license (without the right to sublicense) to permit those individuals authorized by you or your Company (“Users”) to install, use, execute and display the Licensed Software, in executable object code format only, solely for your (or the Company’s) own internal business operations.
- 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; and (e) 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 includes 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”). The LICENSE text file that accompanies the Licensed Software identifies the Open Source Licensed Software and contains 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 are reproduced in the LICENSE text file, and you hereby agree to comply with the terms and conditions of such open-source software license agreements.
- 5. 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.
- 6. 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.
- 7. 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.
- 8. 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.
- 9. 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.
- 10. 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.
- 11. 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. Your obligations under this section shall survive the expiration or termination of this Agreement.
- 12. 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
- MakerWare includes libraries with the following licences:
- zlib (http://www.zlib.net/), which is licensed under the zlib's own license:
- JsonCpp (http://jsoncpp.sourceforge.net/), which is licensed under the MIT License:
- Easycpp (http://www.ohloh.net/licenses/bsd) which is licensed under a BSD copyright:
- QT, which has its own licensing:
- Clipper Library (http://www.angusj.com/delphi/clipper.php) under the Boost license
- C++ Option Parser (http://sourceforge.net/projects/optionparser/)
- under the The MIT license
- EZLogger (http://axter.com/ezlogger/), which is copyright by David Maisonave and licensed under the BSD license
- AVRDUDE, which is licensed under the GNU Public License:
- PySerial (http://pyserial.sourceforge.net)
- which is licensed under the Python license:
- BSD License
- GPL v2
- MIT License
- BSD License
- Python Software Foundation License
- License described as:(https://bitbucket.org/goschtl/dogpile.cache-dict-config/src/4e034dbfa902/LICENSE)
- BSD License
- Python Software Foundation License
- Sample print objects have attributions in an 'Attribution.txt' in the Examples folder.
- The firmware was developed by MakerBot along with the generous contributions of many others in the 3D printer community. It is subject to the following licenses:
- * GPL v.3
- * LGPLv2.1
- * AvrLib licencing: http://www.nongnu.org/avr-libc/LICENSE.txt
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