3D Warehouse: Terms of Use

Last updated: April 1, 2017

© 2017 Trimble Inc.  All rights reserved.
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 Inc.

1. Acceptance of Terms Through Use; Changes to Terms of Use

Welcome to 3D Warehouse. Trimble Inc. (“Trimble”) makes available 3D Warehouse and any other element of this website or subdomains (collectively, “3D Warehouse”) only upon your acceptance of these Terms of Use (“Terms of Use”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING 3D WAREHOUSE OR DOWNLOADING OR ACCESSING MODELS. YOUR USE OF 3D WAREHOUSE INDICATES YOUR AGREEMENT TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THE CURRENTLY POSTED TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE 3D WAREHOUSE.

Changes to Terms: Please note that Trimble reserves the right to update and change these Terms of Use from time to time in its discretion and will post a notice on 3D Warehouse when these Terms of Use have changed. Please also check these Terms of Use periodically for changes. Your continued use of 3D Warehouse following the posting of any changes to these Terms of Use will confirm your acceptance of those changes. These Terms of Use constitute a binding, legal agreement between you and Trimble and are intended to have the same force and effect as if you signed them. 3D Warehouse and other services are only available to persons who can form legally binding contracts under applicable law. If you do not qualify, you may not use 3D Warehouse. A current copy of these Terms of Use can be accessed and viewed at any time from the home page of 3D Warehouse or at https://3dwarehouse.sketchup.com/tos.html.

2. Use of 3D Warehouse

Subject to these Terms of Use, you may use 3D Warehouse to view, search, locate, download, and Distribute Models. Trimble reserves the right to refuse access to 3D Warehouse to anyone at any time in its sole discretion.

“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.

Currently all Models are made available and Distributed through 3D Warehouse free of charge. If Trimble implements a payment system, Trimble will post additional terms to these Terms of Use describing the ways in which Models may be purchased and sold through 3D Warehouse.

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

  1. Account Creation.
  2. 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) or 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.

  3. Your Personal Information.
  4. Personally identifiable information that you may submit for the purpose of receiving products or services or for creating or authenticating your user account will be handled in accordance with Trimble’s online Privacy Statement, and may be used or shared by Trimble as necessary to fulfill your access to a Model or provide any related services or as otherwise set forth in these Terms of Use.

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

Your use of a Model you download or use is governed by these Terms of Use and the General Model License available here (“General Model License”). Any Model provided under the General Model License is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that Model is at your own risk.

8. Availability of Models

Trimble or any Developer may modify, update or remove any Model they have published to 3D Warehouse at any time in their discretion. Trimble may also remove any Model from 3D Warehouse if it discovers that such Model (or related Developer) violates these Terms of Use, any other Trimble policy or applicable law.

9. Distribution of Models through 3D Warehouse

  1. Qualifications and Distribution Terms.
  2. Subject to your compliance with these Terms of Use and any applicable Developer guidelines, qualifications and requirements of Trimble for Models (“Qualifications”), you may Distribute your Models to end users through 3D Warehouse, and you will then be deemed a “Developer” under these Terms. Trimble is not responsible for any Models you Distribute.

    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.

    Until such time as Trimble has implemented payment systems for 3D Warehouse, you are free to charge for Models you Distribute via other channels, provided that you are solely responsible for any such activities. In such cases, you shall be solely liable for processing end user payments, administration of applicable refunds or chargebacks and remittal and collection of all applicable taxes. If Trimble implements payment systems for 3D Warehouse, your sale of Models shall be subject to the subsequently released version of these Terms of Use.

    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.

  3. Grant of Licenses. Distributors grant two licenses to their Models as follows:
  4. 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, create derivative works of, store, promote, market, support, transmit, and otherwise make available on or through 3D Warehouse each Model and related content, including without limitation as necessary to promote, operate and make available 3D Warehouse and any related Trimble products or services. The foregoing license includes the rights for Trimble to make available Models (or any parts, related content or derivative works thereof) through Trimble’s partners and sublicensees.

    To the End User. You will make your Models available to end users pursuant to the General Model License.

  5. Title and Ownership.
  6. 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.

  7. Trimble Not Responsible for Your Models.
  8. 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.

  9. Representations and Warranties.
  10. 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

  1. Proprietary Rights.
  2. Trimble or its licensors reserve all right, title and interest (including intellectual property rights) in and to 3D Warehouse and the content and other information available on 3D Warehouse (excluding User Communications (defined below)) and the Models (except the Models you have posted) (collectively, “3D Warehouse Materials” ). Trimble’s rights are protected by worldwide copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All rights not expressly granted under these Terms of Use are retained by Trimble or its licensors. Unauthorized use of 3D Warehouse Materials may violate copyright, trademark and other intellectual property rights and laws. Models and any other software made available on 3D Warehouse are licensed, not sold and any reference in these Terms of Use to selling or purchasing software or Models shall mean selling or purchasing a license.

  3. Use Restrictions
    1. You may not:

    2. Modify 3D Warehouse Materials (other than your User Communications or Models or content you posted) or use them for any public display, performance, sale, rental or for any commercial purpose except as expressly authorized in these Terms of Use or the General Model License;
    3. 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);
    4. Remove or modify any copyright or other proprietary or legal notices from 3D Warehouse Materials; or
    5. Redistribute or transfer 3D Warehouse Materials to another person except as expressly authorized in these Terms of Use or the General Model License.
  4. Conduct
    1. As a condition of your use of 3D Warehouse you agree that you will not use 3D Warehouse Materials for any purpose that is unlawful or prohibited by these Terms of Use, or any other Trimble policy (“Misuse”). You will be responsible for any costs incurred by Trimble or any other party (including attorneys’ fees) as a result of your Misuse of 3D Warehouse Materials.

      Misuse includes, but is not limited to:

    2. 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;
    3. Using 3D Warehouse Materials in such a manner so as to interfere unreasonably with its use by others;
    4. Attempting or assisting another to access, alter, or interfere with the communications and/or information of another user;
    5. Scraping information from 3D Warehouse;
    6. Account fraud or unauthorized access of an account;
    7. 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;
    8. 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;
    9. Violating any code of conduct associated with 3D Warehouse, or any applicable laws or regulations;
    10. 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
    11. 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.

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:

  1. 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
  2. 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 3dwarehouse-tou+comms@sketchup.com. 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

  1. In General.
  2. 3D Warehouse may have functionality to allow you to rate and provide reviews of or comments about Models, including by indicating you “like” a Model through a button, widget or similar mechanism, all of which constitute User Communications hereunder. To be useful to other users, your reviews and comments must be made in good faith after reasonable evaluation of a Model. In addition, reviews may not contain content that constitutes Misuse, that is false, fraudulent or misleading or that impersonates any other person or entity, including any of Trimble’s employees. All ratings and reviews must comply with these Terms of Use, and Trimble may take down ratings or reviews or block reviewers in the event of a violation of these Terms of Use.

  3. Terms Specific to Developers.
  4. 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 may suspend your account or stop providing Models or services to you if Trimble is investigating suspected misconduct or Misuse. If you or your Models violate these Terms of Use, Qualifications (if applicable), or applicable Trimble policies or laws, or interfere with 3D Warehouse in any way:

  1. Trimble reserves the right to seek all remedies available in law and equity for such violations;
  2. Trimble may terminate these Terms of Use with you, remove your Models from 3D Warehouse, and/or suspend or terminate your account;
  3. 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
  4. 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.

16. Indemnification

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:

  1. Your use or misuse of 3D Warehouse Materials
  2. Distribution of your Models
  3. Violation of the Qualifications
  4. Intellectual property infringement by your Models
  5. Your use of any Models you have downloaded
  6. 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

Trimble does not represent or warrant that Models developed by Trimble or submitted by Developers will not contain features or functionality that are the same as or similar to those in other Models available on 3D Warehouse and neither these Terms of Use nor your participation in 3D Warehouse limits Trimble’s or any Developer’s right to develop or have developed for its products, concepts, systems or techniques that are similar to or compete with any Model or any other products, concepts, systems or techniques contemplated by or embodied in information you disclose to Trimble. Trimble does not grant you exclusivity of any kind.

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

IN NO EVENT SHALL TRIMBLE, ITS SUPPLIERS OR OTHER DEVELOPERS BE LIABLE TO YOU FOR ANY DIRECT, THIRD PARTY, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OF OR INABILITY TO USE OR DISTRIBUTE MODELS THROUGH 3D WAREHOUSE, 3D WAREHOUSE MATERIALS, OR ANY OTHER TRIMBLE PRODUCT OR SERVICE, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT ON 3D WAREHOUSE), EVEN IF TRIMBLE, ITS SUPPLIERS OR OTHER DEVELOPERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE EXCLUSION OF DAMAGES IS INDEPENDENT OF ANY REMEDY PROVIDED UNDER THESE TERMS OF USE AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.

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:

  1. 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.”
  2. Shall not imply that Trimble is endorsing its products.
  3. Shall not misrepresent its relationship with Trimble.
  4. Shall not present false information about Trimble products or services.
  5. 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.
  6. Shall not charge or attempt to charge for the use of 3D Warehouse or any Models which are not your own Models.
  7. 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

Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in these Terms of Use or the General Model License, and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14(ALT III), as applicable. Use of the Warehouse Materials by the Government constitutes acknowledgment of Trimble’s, its suppliers’ or Developer’s proprietary rights in them.

24. International

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

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and applicable United States federal law, without reference to “conflicts of laws” provisions or principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of 3D Warehouse or Distribution of your Models shall lie exclusively in, or be transferred to the courts of the County of Santa Clara and/or the Northern District of California; and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of adjudicating any such claim or action.

26. Contacting Trimble or the SketchUp division

Information on how to contact Trimble may be found at http://www.trimble.com/Corporate/Contacts.aspx. Information on how to contact Trimble’s SketchUp division may be found at http://help.sketchup.com/contact. Any notice or other communication given by you to Trimble regarding these Terms of Use will be deemed given and served when personally delivered, delivered by reputable international courier requiring signature for receipt, or five (5) business days after mailing (postage prepaid), addressed to Trimble at its notice address. TRIMBLE’s notice address shall be: Trimble Inc., Attn: General Counsel, 935 Stewart Drive, Sunnyvale, CA 94085, USA.

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:

DMCA Administrator
Legal Department
Trimble Inc.
935 Stewart Drive
Sunnyvale, CA 94085
Fax: 408-481-7780
DMCA@trimble.com

28. General Provisions

Except as otherwise specified herein, these Terms of Use constitute the entire agreement between you and Trimble with respect to your use of 3D Warehouse and Distribution of Models and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Trimble with respect to use of 3D Warehouse and Distribution of Models. You also may be subject to additional terms and conditions that may apply when you use 3D Warehouse Materials, software, or services provided by third party providers to 3D Warehouse. These Terms of Use, and any rights and licenses granted under these Terms of Use, may not be transferred or assigned by you, but may be assigned by Trimble without restriction. Any rights not otherwise expressly granted by these Terms of Use are reserved by Trimble, its suppliers or other Developers. The failure of Trimble to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any part of these Terms of Use is held invalid or unenforceable by a court of competent jurisdiction that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of 3D Warehouse must be filed within one (1) year after such claim or cause of action arose or be forever barred. Sections 10 (3D Warehouse Materials; Use Restrictions), 11 (User Posted Materials), 13 (Aggregated Information; Feedback), 16 (Indemnification), 18 (Warranty Disclaimer), 19 (Limitation of Liability), 25 (Choice of Law and Forum) and 28 (General Provisions) will survive any termination or expiration of your use of or access to 3D Warehouse Materials or these Terms of Use as applies to you. The official language of these Terms of Use is English. If there is a conflict between the English language version and any translation, the English language version will control.