I3DL – International 3D Printing Driving Licence ™
LICENSE AGREEMENT
IMPORTANT- PLEASE READ THESE TERMS CAREFULLY BEFORE ORDERING I3DL™ / ZAMSTEC PRODUCTS.
By ordering or purchasing an I3DL™ / ZAMSTEC PRODUCT in physical or electronic format, or browsing / clicking through the online Databases/Course Materials, you are entering into a contract, and acknowledge that you have read this License Agreement, that you understand it and agree to be bound by its terms. If you do not agree to the terms of this License Agreement, you should promptly cancel any previous orders, exit this page without entering the Product Details, delete any data files, and return the originals to ZAMSTEC.
- Ownership and Licensee
This Product is copyrighted, both as a compilation and as individual standards, articles and/or documents (“Product/Document”) by ZAMSTEC (“ZAMSTEC”), located in Erlendorf 19, A-9587 Arnoldstein, Austria, except as may be explicitly noted in the text of the individual Documents. All rights reserved.
You, the Licensee,
(Company Name / Private Person, Contact Person, Address, Email, Telephone, etc.)
including all or your departments and affiliated personals have no ownership or other rights in the I3DL™/ZAMSTEC Products or in the Documents. This is not a sale; all right, title and interest in the Product or Documents (in both electronic file and hard copy) belong to ZAMSTEC. You may not remove or obscure the Copyright/Trademark notice or other notices contained in the I3DL™/ZAMSTEC Product or Documents.
- Definitions.
- Types of Licensees:
(i) Individual User:
A single unique Person with an individual address, single computer and single IP address;
(ii) Organization; Single-Site Use (Default License, except as may be explicitly noted)
An individual Organization with single site and unique address, where view/use of the I3DL™ /ZAMSTEC Products or Documents is permitted
(iii) Organization; Multi-Site Use:
An individual Organization with multiple sites and or multiple addresses, where view/use of the I3DL™/ZAMSTEC Products or Documents is permitted
- Authorized Instructor:
the individual/organization who has fulfills the technical requirements and holds an individual license for Instruction purpose. For further Info regarding Authorized Instructors, Regulations, and Conditions please contact ZAMSTEC.
- Authorized Users:
Registered individuals introduced to ZAMSTEC and affiliated with a Licensee Organization, which are supposed to access/use the license/products (e.g. Participants of Training Programs or Product end-Users). Detailed list of Authorized Users should be provided to ZAMSTEC by the Licensee Organization.
- Limited License.
ZAMSTEC grants Licensee a limited, revocable, nonexclusive, non-transferable license to access the products, and according to the terms of this Agreement, to make the uses permitted and described below: - Specific Licenses and Use Cases Allowed
(a) the right to browse, search, retrieve, display and view the Product;
(b) the right to download, view or print a single copy of the individual Documents, or portions of such Documents, solely for Licensee’s own use. That is, Licensee may access and download an electronic file of a Document (or portion of a Document) for temporary storage on one computer for purposes of viewing, and/or printing one copy of a Document for individual use. Neither the electronic file nor the single hard copy print may be reproduced in any way. In addition, the electronic file may not be distributed elsewhere over computer networks or otherwise. That is, the electronic file cannot be e-mailed, copied to another hard drive or otherwise shared. The single hard copy print may only be distributed to “Authorized Users” for their internal use within your organization; it may not be copied. The individual Document or parts of them may not be sold or resold, donated, rented, leased, lent or sub-licensed.
- Prohibited Uses.
(i) This License describes all permitted uses. Any other use prohibited, is a violation of this Agreement and can result in immediate termination of this License. In case of a prohibited use, the Licensee may stop the prohibited action and compensate the situation by ordering required Licenses; otherwise the licensee is fully responsible to recover all damages and applicable attorneys’ fees.
(ii) An Authorized User may not make this Product, or Documents, available to anyone other than Authorized Users or Authorized Instructors whether by Physical Entities, Local Hard Disks, Internet link, or by permitting access through his or her terminal or computer; or by other similar or dissimilar means or arrangements.
(iii) Specifically, no one is authorized to transmit, copy, or distribute any Document in any manner or for any purpose except as described in Section 3 of this License, without ZAMSTEC’s prior express written permission. In particular, except as described in Section 3, no one may, without the prior express written permission of ZAMSTEC:
(a) distribute or forward a copy (electronic or otherwise) of any article, file, or material obtained from any ZAMSTEC Product, Document or Communications;
(b) reproduce or photocopy any standard, article, file, or material from any ZAMSTEC Product;
(c) alter, modify, adapt, or translate any standard, article, file, or material obtained/emerged from any ZAMSTEC Product, Training;
(d) include any standard, article, file, or material obtained from any ZAMSTEC Product or Document in other works or otherwise create any derivative work, product, training program based on any materials obtained from any ZAMSTEC Product or Document;
(e) impose any charge for a copy (electronic or otherwise) of any standard, article, file, or material obtained from any ZAMSTEC Product or Document, except for normal printing/copying costs where such reproduction is authorized under Section 3; or
(f) systematically download, archive, or centrally store substantial portions of standards, articles, files, or material obtained from any ZAMSTEC Product or Document. Inclusion of print, electronic copies, photo/audio/video recording in coursepacks or electronic reserves, or for distance learning use, is not authorized by this License and is prohibited without ZAMSTEC’s prior written permission.
(iv) Licensee may not utilize the Product, or access to the Product, for commercial purposes, including but not limited to the sale of Documents, materials, fee-for-service use of the Product or bulk reproduction or distribution of Documents in any form; nor may Licensee impose special charges on Authorized Users for use of the Product beyond reasonable printing or administrative costs.
- Copyright Notice. All copies of material and secondary compilation such as video Recordings derived from a ZAMSTEC Product used for Marketing Purposes must bear proper copyright notice in ZAMSTEC’s and I3DL™ name and Logo, as shown in the initial page of each standard, article, file or material. Obscuring, deletion or modification of the copyright notice is not permitted.
- Detection of Prohibited Uses.
- Licensee is responsible for taking reasonable measures to prevent prohibited uses, and promptly notify ZAMSTEC of any infringements of copyright or prohibited use of which Licensee becomes aware. Licensee will cooperate with ZAMSTEC in investigating any such prohibited uses and will take reasonable steps to ensure the cessation of such activity and to prevent any reoccurrence.
- Licensee shall use all reasonable efforts to protect the Product from any use that is not permitted under this Agreement, and shall notify ZAMSTEC of any use of which it learns or is notified.
- Continued Access to Product.
ZAMSTEC reserves the right to terminate this License, upon written notice, if Licensee materially breaches the terms of this Agreement. If Licensee fails to pay ZAMSTEC any fees when due, ZAMSTEC will provide the Licensee with a 30-day period within which to cure such breach. No cure period will be provided for material breaches relating to violations of Section 3 or any other breach likely to cause ZAMSTEC irreparable harm. If Licensee or Authorized Users materially breach this License or make prohibited uses of material in any ZAMSTEC Product, ZAMSTEC reserves the right to deny Licensee any access to the ZAMSTEC Product, in ZAMSTEC’s sole discretion.
- Delivery Formats and Service.
- ZAMSTEC Products and Documents are available in various Physical and Electronic Formats. Some ZAMSTEC Products/Documents use standard Internet HTML format. The Licensee is responsible for obtaining at his/her expense suitable Internet connections, Web browsers, and licenses for any software necessary to download/view/print the ZAMSTEC Product.
- The ZAMSTEC Products are also available in Adobe Acrobat (PDF) format to Licensee, who is solely responsible for installing and configuring the appropriate Adobe Acrobat Reader software.
- The ZAMSTEC 2D and 3D CAD and FEM Products are available in STL, OBJ, 3DS or similar CAD File Formats, and in each case the Licensee is solely responsible for installing and configuring the appropriate Software. Also the licensee is responsible to acquire any additional Software License required.
- Verification.
ZAMSTEC has the right to verify compliance with this Agreement, at its expense, and at any time during the course of normal business hours throughout the license validation time or any time afterwards. To do so, ZAMSTEC may engage a consultant, subject to a confidentiality agreement, to review Licensee’s use of ZAMSTEC Product and/or Documents. Licensee agrees to permit access to its information and computer systems for this purpose. Verification will take place upon no less than 15 days notice, during normal business hours and in a manner that does not interfere unreasonably with Licensee’s operations. If verification reveals unlicensed or prohibited use of the ZAMSTEC Product or Documents, Licensee agrees to reimburse ZAMSTEC for the costs or Damages incurred in verification and reimburse ZAMSTEC for any unlicensed/prohibited uses. By invoking this procedure, ZAMSTEC does not waive any of its rights to enforce this Agreement or to protect its intellectual property by any other means permitted by law.
- Security and Passwords:
Licensee must immediately notify ZAMSTEC of any known or suspected unauthorized use(s) of its password(s), or any known or suspected breach of security, including the loss, theft or unauthorized disclosure of such password or any unauthorized access to or use of the ZAMSTEC Product. Licensee is solely responsible for maintaining the confidentiality of its password(s) and for ensuring the authorized access and use of the ZAMSTEC Product. Personal accounts/passwords may not be shared.
- Disclaimer of Warranty: Unless specified in this Agreement, all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement are disclaimed, except to the extent that these disclaimers are held to be legally invalid.
- Limitation of Liability: To the extent not prohibited by law, in no event will ZAMSTEC be liable for any loss, damage, lost data or for special, indirect, consequential or punitive damages, however caused regardless of the theory of liability, arising out of or related to the use of the ZAMSTEC Product or downloading of the ZAMSTEC Documents. In no event will ZAMSTEC’s liability exceed the amount paid by Licensee under this License Agreement.
- General.
- Termination:
This Agreement is effective until terminated. Licensee may terminate this Agreement at any time by destroying all copies (hard, digital or in any media) of the ZAMSTEC Documents and terminating all access to the ZAMSTEC Product. - Governing Law, Venue, and Jurisdiction:
This Agreement shall be interpreted and construed in accordance with the laws of the European Union and the Republic of Austria. Licensee agrees to submit to jurisdiction and venue in Vienna for any dispute which may arise under this Agreement. Licensee also agrees to waive any claim of immunity it may possess. - Integration:
This Agreement is the entire agreement between Licensee and ZAMSTEC relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. - Assignment:
Licensee may not assign or transfer its rights under this Agreement without the prior written permission of ZAMSTEC. - Taxes.
Licensee must pay any applicable taxes, other than taxes on ZAMSTEC’s net income, arising out of Licensee’s use of the ZAMSTEC Product and/or rights granted under this Agreement.