Last updated: March 18, 2015
© 2015 Trimble Navigation Limited. All rights
Copyright & Trademarks
No portion of this web site or the service may be reproduced in any form, or by any means, except as authorized below, without prior written permission from Trimble Navigation Limited.
2. Use of 3D Warehouse
“Models” are individual, separate three-dimensional models of objects created, designed, and developed by you or a third-party (a “Developer”) or by Trimble and include related content and information about or included with the Models. Trimble is not responsible for any Developer Models. “Distribute” means to submit, upload, distribute, sell (upon Trimble's implementation of payment systems) and/or license Models you have created to end users.
To download and use the Models, you need software that is compatible with the Model (for which Trimble or the applicable manufacturer may charge a separate fee) and a computer device with Internet access; such requirements may change from time-to-time and are your responsibility.
3. User Accounts
- Account Creation.
- Your Personal Information.
Upon signing in to 3D Warehouse the first time, you need to create an account. Currently, you may create a 3D Warehouse account by signing in with a valid Google ID (a username/password combination used to access your Google account). In the future, Trimble may enable functionality permitting you to sign in to your 3D Warehouse account using a Trimble ID (a username/password combination issued by Trimble). To sign in using a Google ID, you must authorize Google to share account information with Trimble and you must maintain your Google ID in good standing subject to any separate user terms between you and Google. The authentication information Google provides to Trimble or you provide to Trimble may contain personally identifiable information, which will be handled by Trimble as described below, and we may publicly display the username and profile photo (if any) associated with your Trimble or Google user account.
You are entirely responsible for maintaining the confidentiality of your password and account credentials, and you agree that Trimble may terminate your access to 3D Warehouse and other services if you fail to do so. Additionally, you are fully responsible for any and all activities that occur under your account. You agree to notify Trimble immediately of any unauthorized use of your account or any other breach of security. Trimble will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
4. Age Restrictions
You may not register for a user account or use 3D Warehouse to Distribute Models if you are under 13 years of age unless we have verified parental consent.
5. Third Party Models, Products and Services
Some of the 3D Warehouse Materials (defined below in Section 10) may be provided or owned by third parties. Trimble does not endorse, guarantee or provide a warranty for the third party 3D Warehouse Materials and may or may not review them for compliance with law (copyright, patent or any other laws) or Trimble policies. Use of a third party Model is governed by the License Terms Applicable to Models set forth below. TRIMBLE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO MODELS POSTED BY THIRD PARTIES (AND ANY ACTION YOU TAKE BASED ON THEM).
6. Trimble Proprietary Products and Services
Trimble’s obligations with respect to its own, proprietary products and services are governed solely by the terms and conditions of agreements under which Trimble provides them to you. If you obtain a Trimble proprietary product or service through 3D Warehouse that is provided without an agreement, that product or service is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that Trimble product or service is at your own risk.
Nothing herein grants you any license, rights, title or interest in or to the Trimble SketchUp software which is licensed to you pursuant to a separate agreement (“SketchUp License Agreement” ). Trimble may update, fix or upgrade the SketchUp software from time-to-time without notice and such changes may affect compatibility or interoperability of your Model. Your right, if any, to receive such updates, fixes or upgrades is dependent upon and governed by the terms of the applicable SketchUp License Agreement between you and Trimble.
7. License Terms Applicable to Models
8. Availability of Models
9. Distribution of Models through 3D Warehouse
- Qualifications and Distribution Terms.
- Grant of Licenses. Distributors grant two licenses to their Models as follows:
- Title and Ownership.
- Trimble Not Responsible for Your Models.
- Representations and Warranties.
Trimble may in its discretion set and revise from time-to-time Qualifications regarding the criteria and procedures for Trimble to accept and authorize each Model submitted for Distribution through 3D Warehouse. Trimble may choose to waive or impose additional Qualifications for a particular Model in its discretion. Trimble may decline to make a Model available on 3D Warehouse for any reason or no reason.
You may remove a Model you previously posted from 3D Warehouse at any time provided that removal shall not affect the license granted to end users who downloaded that Model before you removed it and those licenses will continue under the terms of the General Model License. Although Trimble will not continue Distribution of your Models after you remove them, Trimble may retain archive copies for record keeping purposes.
To Trimble. For all Models you Distribute on or through 3D Warehouse, you hereby grant to Trimble a nonexclusive, worldwide, perpetual, transferrable (with the right to sublicense through multiple tiers), irrevocable license (under all applicable intellectual property rights) to copy, publicly perform and display, use, distribute, store, transmit and otherwise make available on or through 3D Warehouse each Model and related content as necessary to (a) promote, market, support and distribute (as applicable) each Model and (b) promote, operate and make available 3D Warehouse and any related Trimble products or services.
To the End User. You will make your Models available to end users pursuant to the General Model License.
As between you and Trimble, except for the limited license rights granted herein, all right, title and interest in and to the Models you Distribute shall remain yours.
Trimble does not and will not endorse, guarantee or provide a warranty for your Models and may or may not review them for compliance with law (copyright, patent or any other laws) or Trimble policies or Qualifications. Distribution of your Models on 3D Warehouse is at your own risk.
You represent and warrant that you have all intellectual property rights, including patent, copyright, trademark, trade secret, right of privacy or publicity or other proprietary rights, in and to each Model you Distribute and its related content. If your Model or content includes third-party materials or content, you represent and warrant that you have the right to Distribute the third-party materials or content or otherwise grant Trimble all rights and licenses to such Model set forth in subsection (B) above. You shall not Distribute Models unless you are the owner of such Models and/or have all the necessary rights or permissions from applicable third parties.
10. 3D Warehouse Materials; Use Restrictions
- Proprietary Rights.
- Use Restrictions
- Decompile, reverse engineer, or disassemble 3D Warehouse Materials that is software (except and only to the extent permitted by applicable law, and then only with advance notice to Trimble);
- Remove or modify any copyright or other proprietary or legal notices from 3D Warehouse Materials; or
- Using 3D Warehouse Materials to disseminate or convey inappropriate, defamatory, obscene, salacious, or unlawful information, images or content; or to harass, stalk, threaten or otherwise violate the legal rights of others;
- Using 3D Warehouse Materials in such a manner so as to interfere unreasonably with its use by others;
- Attempting or assisting another to access, alter, or interfere with the communications and/or information of another user;
- Scraping information from 3D Warehouse;
- Account fraud or unauthorized access of an account;
- Uploading, or otherwise making available, any Models or any other 3D Warehouse Materials, including files that contain text, images, photographs, software or other content owned by others, in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of others;
- Advertising, offering to sell or buy goods (other than Models, if applicable), or using 3D Warehouse Materials for business promotional purposes, except as expressly permitted by Trimble or the General Model License;
- Violating any code of conduct associated with 3D Warehouse, or any applicable laws or regulations;
- Taking any action that imposes an unreasonable or disproportionately large load on 3D Warehouse infrastructure; or uploading files that contain viruses, Trojan horses, worms, or other similar software or programs that cause damage to computers or property of others; or
- Using any messaging functionality made available through 3D Warehouse to send communications which would violate applicable law (including, but not limited to, the CAN-SPAM Act of 2003) or which contain content or materials of the type prohibited in subsections (i), (vi), (vii) or (ix) above.
You may not:
Misuse includes, but is not limited to:
11. User Posted Materials
3D Warehouse may include feedback, ratings and review mechanisms, messaging functionality and other ways in which users can post, upload, interact with, share and submit materials (e.g., text, images, data, etc.) (collectively, “User Communications”). USER COMMUNICATIONS WILL BE CONSIDERED NON-CONFIDENTIAL AND NON-PROPRIETARY AND BY POSTING, UPLOADING, INPUTTING, OPTING TO SHARE, OR OTHERWISE SUBMITTING ANY USER COMMUNICATIONS TO 3D WAREHOUSE, YOU UNDERSTAND AND AGREE THAT:
- You are granting Trimble, its designees and sub-licensees, consent and permission to use your User Communications, including without limitation, worldwide, royalty-free, non-exclusive, perpetual license rights with right of sublicense to disclose, reproduce, store, display and perform (publicly or otherwise), publish, adapt, modify, transmit, distribute, have distributed, edit, translate, reformat, create derivative works based on and otherwise use such User Communications; and
- You represent and warrant that you own or otherwise control all of the
rights to your User Communications and that your User Communications
will not infringe or violate the rights of any third party.
If you use the “Contact Me” functionality provided by 3D Warehouse to send private messages to other users, you acknowledge and agree that those other users will be able to see your name and email address in the “reply to” field of your message, view the contents of your message and respond directly to the email address associated with your account.
Trimble shall have no obligation to monitor User Communications (including other users’ responses to private messages).
Trimble reserves the right at all times to disclose any information as Trimble deems necessary to satisfy any applicable law, regulation, legal process or governmental request or to review, edit, refuse to post, or to remove any User Communications, in whole or in part, in Trimble’s sole discretion.
TRIMBLE DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY USER COMMUNICATIONS AND, THEREFORE, TRIMBLE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING USER COMMUNICATIONS AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THEM (AND ANY ACTION YOU TAKE BASED ON THEM) AND ANY ACTIONS OR CLAIMS RESULTING FROM YOUR PARTICIPATION IN ANY SERVICES.
Please note: Trimble has no obligation to remove any User Communications that you have opted to input and share absent Trimble’s receipt of your written request to do so. You may submit a request for removal of your shared User Communications from the applicable forum or webpage to the email address designated for such purpose or to firstname.lastname@example.org. Trimble does not guarantee that it will be able to remove all instances of your User Communications and removal will not affect any licenses granted in connection with your User Communications prior to the time of their removal.
12. Ratings and Reviews of Models
- In General.
- Terms Specific to Developers.
Trimble shall have no responsibility for ratings or to monitor ratings, but may use the ratings to determine the placement of Models, to change the placement from time-to-time, or to remove Models in Trimble’s discretion.
Any action you take based on any rating is at your own risk and in your sole discretion.
If you post a review of your own Model, you must disclose your identity and the fact that the Model being reviewed is your Model. If you pay or otherwise incent others to post a review of your Model, you must require that party to disclose that fact in their review. If you post a review of a competitor’s Model, you must disclose your identity and the fact that you publish a competitive Model.
13. Aggregated Information; Feedback
In addition to Trimble’s other rights, Trimble may collect aggregated information regarding your interaction with 3D Warehouse and Models (excluding any personally identifiable information) and may exploit and use such aggregated information for any purpose without restriction. Trimble may freely use, copy, disclose, prepare derivative works based on, publicly perform or display, distribute and exploit any feedback, bug reports or suggestions you provide to Trimble (including in User Communications) regarding 3D Warehouse Materials or other Trimble products and services, without any obligation, royalty or restriction based on intellectual property rights or otherwise.
14. Termination Rights for Violations; Removal of Content and Discontinuation of Service
- Trimble reserves the right to seek all remedies available in law and equity for such violations;
- Any authorization and license you have to use and/or Distribute the Models and to use or access other 3D Warehouse Materials shall automatically terminate; and
- You must immediately discontinue use of and destroy any downloaded Models or other 3D Warehouse Materials, including in any Combined Work.
Trimble further reserves the right to remove 3D Warehouse Materials or discontinue services available on 3D Warehouse with or without notice, to terminate your authorization to use any services or 3D Warehouse Materials, to terminate your password, if any, and to delete any one or more of your related accounts, for any reason or for no reason, immediately and at any time. Trimble accepts no responsibility for such deleted or removed 3D Warehouse Materials.
15. 3D Warehouse Messaging
You agree that Trimble may contact you with messages sent from time to time through your personal computer, mobile phone or other wireless device delivered using SMS-based text messages, email messages or other communication mechanisms, in situations when such contact is required to respond to your User Communications, send you service announcements or administrative messages, inform you about material events concerning you and your account, or send marketing communications describing new 3D Warehouse features or highlight featured content to you. You may opt out of those Trimble marketing communications at any time by updating your account preferences.
Upon a request by Trimble, you agree to defend, indemnify and hold harmless Trimble and its affiliates, agents, suppliers and third parties, and its and their employees, contractors, officers and directors from all liabilities, claims and expenses, including attorneys’ fees, that arise from:
- Your use or misuse of 3D Warehouse Materials
- Distribution of your Models
- Violation of the Qualifications
- Intellectual property infringement by your Models
- Your use of any Models you have downloaded
- Your breach of the General Model License associated with Models you have downloaded
Trimble reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Trimble in asserting any available defenses. You may not settle any claim without the prior written consent of Trimble in each case.
17. No Exclusivity
18. Warranty Disclaimer
Trimble assumes no responsibility for the accuracy of 3D Warehouse Materials; nor does Trimble warrant that 3D Warehouse Materials are up-to-date, that 3D Warehouse Materials will meet your needs, that 3D Warehouse Materials will be available at any particular time or location, that any defects or errors will be corrected, or that 3D Warehouse Materials are free of viruses or other harmful components. Your use of 3D Warehouse Materials and Distribution of Models is at your sole risk. Mention of non-Trimble products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
3D WAREHOUSE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY BY TRIMBLE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.
19. Limitation of Liability
THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS, IN NO EVENT WILL TRIMBLE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED FIFTY DOLLARS (U.S. $50).
Trimble does not assume and will not have any liability arising from events beyond Trimble’s control or the control of its subcontractors, other Developers, business partners or licensors, including events such as acts of God, acts of any governmental entity, acts of a public enemy, strikes, natural disasters, or failure or diminishment of power or telecommunications or data networks or services.
20. Links to Third Party Web Sites
3D Warehouse may contain links to third party web sites whether provided by Trimble or a user of 3D Warehouse. Access to any other web site linked to 3D Warehouse is at the user’s own risk. Trimble does not control, and is not responsible for, the accuracy or reliability of any information, content, data, opinions, advice or statements made on those web sites, or about any products found at those web sites, or about any search results that may be obtained from using them. Trimble provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
21. Linking to 3D Warehouse
You may create links to 3D Warehouse from other web sites, but only in accordance with the following guidelines (or other guidelines that Trimble may provide from time to time) and in compliance with applicable law. A web site that links to 3D Warehouse:
- May refer to the Trimble company name, SketchUp or 3D Warehouse name or product names in a plain text font and format in accordance with Trimble’s general trademark usage guidelines, using appropriate wording such as “This way to 3D Warehouse” or “Click here for more information on SketchUp products.”
- Shall not imply that Trimble is endorsing its products.
- Shall not misrepresent its relationship with Trimble.
- Shall not present false information about Trimble products or services.
- Shall not use the Trimble or SketchUp or 3D Warehouse logos or other trademarks (including third party trademarks) without permission from Trimble or the owner of the trademark.
- Shall not charge or attempt to charge for the use of 3D Warehouse or any Models which are not your own Models.
- Shall not contain content that could be construed as distasteful, offensive or controversial, and shall contain only content that is appropriate for all age groups.
If you have placed a link on your web site to 3D Warehouse you agree to promptly remove such link at Trimble’s request.
22. Copyright and Trademark Information
Copyright information and a current list of United States trademarks owned by Trimble is set forth at http://www.trimble.com/copyrights.aspx. Any questions concerning their use, or whether a trademark that does not appear on this list is a trademark of Trimble, should be referred to Trimble’s Intellectual Property department at U.S. +1 408 481 8000.
23. U.S. Government Restricted Rights
3D Warehouse is administered by Trimble from its offices or those of its affiliates at various locations within the United States of America. Trimble may also make use of its U.S. or foreign affiliates or one or more external service providers to host 3D Warehouse. Consequently, data is collected, sent, processed and stored in the United States and may be collected, sent, processed and stored outside the United States. You acknowledge that in the event of conflict of privacy laws or practices in your jurisdiction and those in the domicile of the entity hosting 3D Warehouse the law applicable in the domicile of the hosting entity will have precedence at all times.
Trimble makes no representation that the Warehouse Materials are appropriate or available for use in locations outside the United States, and accessing them from territories where they are illegal is prohibited. You may not use or export or re-export the Warehouse Materials or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States export laws and regulations. If you choose to access 3D Warehouse from locations outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
25. Choice of Law and Forum
26. Contacting Trimble or the SketchUp division
27. Digital Millennium Copyright Act
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Trimble’s DMCA administrator the written information specified below, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2).
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on 3D Warehouse;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Trimble’s DMCA administrator for notice of claims of copyright infringement on 3D Warehouse can be reached as follows:
Trimble Navigation Limited
935 Stewart Drive
Sunnyvale, CA 94085
28. General Provisions
3D Warehouse: General Model License Agreement
Last updated: March 18, 2015
© 2015 Trimble Navigation Limited. All rights
Copyright & Trademarks
By purchasing, downloading, or using any Model created by a third party developer or Trimble (as applicable, the “Developer” ) and made available to you from 3D Warehouse, you agree to the terms of this General Model License Agreement (“License Agreement”). “Model” means the individual, separate three-dimensional model of an object created, designed and developed by a Developer including related content and information about or included with the model and made available on Trimble’s SketchUp 3D Warehouse (“3D Warehouse”).
1. License Grant
- Limited License to Models
- Authorized Uses
- Incorporating or including Models and Creations into a larger work or a deliverable for a third party (“Combined Work”), provided that the Combined Work includes substantial additional content to the original Model;
- Distributing Models, Creations, and Combined Works to third parties for your business purposes (including for commercial purposes);
- Making a reasonable number of copies of the Models, Creations, and Combined Works in connection with the above uses; and
- Using the Models as Trimble may approve from time to time in its sole discretion.
The license to the Models granted above is limited to:
2. License Restrictions
You may not, and you may not permit anyone else to:
- remove, obscure or alter any product identification, proprietary, copyright, trademark or other notices contained in the Model or accessed in conjunction with or through the Model;
- claim or misrepresent ownership of any Model which you did not create or develop;
- use the Model in violation of any applicable laws or regulations or for any unlawful purpose;
- sell, offer to sell, make or distribute any individual Model on a standalone basis, unless you are the Developer of such Model or otherwise authorized to do so by Trimble or the Developer;
- use any Models, Creations or Combined Works in a manner that competes with 3D Warehouse (including aggregating such content in another online warehouse or similar product or service); or
- aggregate any content (including Models) obtained from 3D Warehouse for redistribution, or use or distribute any content obtained from 3D Warehouse in a mapping or geographic application or service, except as expressly authorized under this License Agreement.
You agree to prevent any unauthorized copying of the Models. You agree to adhere to any posted instructions, directions or limitations on usage and reproduction of Models. You will be responsible for any costs incurred by Trimble or any other party (including attorneys’ fees) as a result of your misuse of the Models.
3. Google Geolocated Models
Notwithstanding anything to the contrary in this License Agreement, if you are using a Google Geolocated Model, you are only licensed to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute and use such Model and you shall not use or incorporate such Model in any application, product, service, database or repository. “Google Geolocated Models” are Models Distributed through 3D Warehouse by Google Inc. (or by Trimble on Google’s behalf) that constitute a 3D model of an object, building or other structure with a fixed location that is tagged or otherwise associated with the actual geolocation of such object, building or other structure.
4. Proprietary Rights
All Models are licensed, not sold and any reference in this License Agreement to selling or purchasing Models shall mean selling or purchasing a license. You acknowledge and agree that:
- the Model contains proprietary and confidential information that is protected by applicable intellectual property and other laws; and
- the applicable Developer owns all right, title and interest in and to the Model, including without limitation all Intellectual Property Rights therein.
“Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
5. Termination of this License
You may terminate this License Agreement at any time by manually deleting the Model from your computer.
If you violate this License Agreement, your authorization and license to use the Model shall automatically terminate and you must immediately discontinue use of and destroy any downloaded Model.
Sections 2 (License Restrictions), 4 (Proprietary Rights), 6 (Warranty Disclaimer), 7 (Dangerous Activities) and 8 (Limitation of Liability) will survive any termination or expiration of this License Agreement.
6. Warranty Disclaimer
The Developer does not warrant that the Model is up-to-date, that the Model will meet your needs, that any defects or errors will be corrected, or that the Model is free of viruses or other harmful components. Your use of the Model is at your sole risk.
THE MODEL IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY BY THE DEVELOPER OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.
7. Dangerous Activities
The Model is not intended for use in the operation of nuclear facilities, life support systems, emergency communication, aircraft navigation or communication systems, air traffic control systems, technical building or structural design, power plant design or operation, or any other such activities in which the failure of the Model could lead to death, personal injury, or severe physical or environmental damages.
8. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE DEVELOPER SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE MODEL; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (iii) ANY OTHER MATTER RELATING TO THE MODEL. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS, IN NO EVENT WILL THE DEVELOPER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID FOR THE LICENSE TO THE MODEL.
9. U.S. Government Restricted Rights
Use, duplication or disclosure of Models, related documentation, and related computer software, computer software documentation, and technical data by the U.S. Government is subject to the restrictions set forth in this License Agreement, and as applicable, as provided in FAR 12.211 and 12.212, as amended, FAR 52.227-14 (ALT III) (May 2014), FAR 52.227-19 (DEC 2007), DFARS 227.7202-1(a) and (c) and 227.7202-3(a) (both effective 1995), DFARS 252.227-2013 (FEB 2014), DFARS 252.227-2014 (FEB 2014), and DFARS 252.227-7015 (FEB 2014).
10. Export Restrictions
The Model may be subject to export controls or restrictions by the United States or other countries or territories. You agree to:
- comply with the requirements of the U.S. Department of Commerce (DOC) Export Administration Regulations (EAR) (see http://www.bis.doc.gov) and all applicable international, national, state, regional and local laws, and regulations, including without limitation any applicable import and use restrictions,
- not export, or re-export, directly or indirectly, the Model to any country outlined in the EAR, nor to any person or entity on the DOC Denied Persons, Entities and Unverified Lists, the U.S. Department of State’s Debarred List, or on the U.S. Department of Treasury’s lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists,
- not export, or re-export the Model to any military entity not approved under the EAR, or to any other entity for any military purpose, and
- not license, sell, provide or distribute the Model for use in connection with chemical, biological, or nuclear weapons or missiles capable of delivering such weapons.
11. Governing Law
This License Agreement and all related actions and proceedings is governed by the laws of the state of residence of the Developer and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. The jurisdiction and venue for actions related to the subject matter of this License Agreement shall be the state and federal courts located in the county of residence of the Developer, and each party hereby submits to the personal jurisdiction of such courts.