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Last updated: April 1, 2017
© 2017 Trimble Inc. 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 Inc.
“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.
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.
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.
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).
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.
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, 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.
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.
You may not:
Misuse includes, but is not limited to:
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:
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 email@example.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.
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.
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.
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.
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:
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.
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.
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.
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.
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:
If you have placed a link on your web site to 3D Warehouse you agree to promptly remove such link at Trimble’s request.
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.
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.
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).
Trimble’s DMCA administrator for notice of claims of copyright infringement on 3D Warehouse can be reached as follows:
935 Stewart Drive
Sunnyvale, CA 94085