Please read carefully the terms and conditions of this Agreement related to the use of the ULIO 3D Printer Kit (hereinafter referred to as the “Agreement”) before clicking (the expression "to click" can also mean to select) the "I ACCEPT THE TERMS OF THE AGREEMENT" below or the "I DO NOT ACCEPT THE TERMS OF THE AGREEMENT" below.
By selecting the "I ACCEPT THE TERMS OF THE AGREEMENT" below, you accept to be bound by the terms and conditions of the Agreement and you will BE ALLOWED to use the ULIO 3D Printer Kit. The use of the ULIO 3D Printer Kit will confirm that you accept to be bound by this Agreement.
If you do not agree to the terms and conditions of the Agreement, please click on the "I DO NOT ACCEPT THE TERMS OF THE AGREEMENT" below. You will not receive the print files (wherein the print files can take the form of STL files, G code files, Obj files or any other 3D printing file format) and the manual, and you will not be allowed to use the ULIO 3D Printer Kit.
AGREEMENT FOR USE OF THE ULIO 3D PRINTER KIT
This Agreement is between Les Entreprises ULIO Inc. (hereinafter referred to as “ULIO”) and you (hereinafter referred to as the “User”). The User represents and warrants that the User has the power and authority to enter into this Agreement and that this Agreement will constitute a legal, valid and binding obligation of the User. In any circumstance, by clicking the "I ACCEPT THE TERMS OF THE AGREEMENT" below the User is deemed to have accepted the conditions of the Agreement related to the use of the ULIO 3D Printer Kit. The User covenants and agrees that all information provided to ULIO is truthful, accurate and complete.
1. PROPRIETARY RIGHTS AND RESTRICTIONS ON USE
The ULIO 3D Printer Kit (the “Kit”)—comprising hardware and electronic components, a manual (wherein the manual can take the form of a printed or electronic book, CAD drawings of the component parts of the ULIO 3D Printer, or an instructional video), and print files (wherein the print files can take the form of STL files, G code files, Obj files or any other 3D printing file format)—is protected by intellectual property owned by ULIO and/or ULIO’s licensors (the “IP”). The IP includes one or more pending patent applications. You are authorized to use the Kit subject to the following terms:
a) The User may use the Kit to produce only one ULIO 3D Printer. The User shall not use a single Kit to produce more than one ULIO 3D Printer. Each new ULIO 3D Printer requires the purchase of a new Kit.
b) The Kit shall only be used by the User for the benefit of the User and not for the benefit of any third party. The User shall not transfer this Agreement to any third party. Where the User is a corporate entity, the User agrees that the Kit shall only be used by a single designated individual.
c) The User shall not put online or otherwise make available to third parties, any files or information including without limitation the print files (wherein the print files can take the form of STL files, G code files, Obj files or any other 3D printing file format) and the manual (wherein the manual can take the form of a printed or electronic book, CAD drawings, hand drawings of the component parts of the ULIO 3D Printer, or an instructional video) related to the Kit.
d) In constructing the ULIO 3D Printer, the User shall only use the hardware components included in the Kit. The User shall not use any hardware components provided by a third party in the ULIO 3D Printer. In particular, the User shall not use the printing files (wherein the print files can take the form of STL files, G code files, Obj files or any other 3D printing file format) and manual provided in the Kit to construct an ULIO 3D Printer using third party hardware components. The STL files and manual shall be used only with the hardware components included in the Kit.
e) The User acknowledges and agrees that the IP and any modifications thereto, are the exclusive property of ULIO or ULIO’s licensors, as the case may be. The purchase of the Kit and right to use same do not confer any ownership rights in the IP. The User hereby assigns to ULIO any modifications to the IP made by the User and waives any moral rights thereto. The User agrees to sign any documents required to perfect the assignment of IP to ULIO.
f) ULIO does not control the User’s construction of the ULIO 3D Printer using the Kit or the objects printed by the User using the ULIO 3D Printer, and as such will not be liable if the ULIO 3D Printer or the objects printed using the ULIO 3D Printer, or the use thereof, infringe the intellectual property rights of a third party. ULIO shall not be responsible for any damages of any kind whatsoever that could ensue as a result of the ULIO 3D Printer or the objects printed using the ULIO 3D Printer infringing the rights of a third party.
g) The User represents and warrants to ULIO that no object printed using the ULIO 3D Printer will violate any applicable law, rule, regulation, code, or ordinance, or infringe any intellectual property rights of any third party.
h) The ULIO 3D printer can not be used commercially
In case of breach of any of these obligations, the User covenants and agrees that ULIO will have the right to immediately terminate the Agreement and accordingly suspend or terminate the use of the Kit and/or the ULIO 3D Printer by the User.
2. TERM AND TERMINATION
This Agreement is effective upon the acceptance of this Agreement by the User, by clicking the "I ACCEPT THE TERMS AND CONDITIONS OF THE AGREEMENT" below and will continue until cancelled or terminated pursuant to the terms hereof.
Either party may terminate this Agreement at any time, without cause, by written notice to the other party. No refund or partial refund will be made.
Upon expiration or termination of this Agreement, the User will cease to have the right to use the Kit and the ULIO 3D Printer.
3. INDEMNIFICATION BY THE USER
By using the Kit, the User agrees to indemnify, defend and hold harmless ULIO from any loss, liability, claim, demand, damage or expense asserted by any entity relating in any way to the User’s use of the Kit, the ULIO 3D Printer, and/or breach of this Agreement, including, without limitation, any and all claims based on copyright infringement, trade-mark infringement, patent infringement, or any other cause of action.
THE ULIO 3D PRINTER KIT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ULIO MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE STL FILES INCLUDED WITH THE KIT WILL BE COMPATIBLE WITH YOUR COMPUTER AND/OR 3D PRINTER; (II) THE STL FILES, AND ANY OTHER FILES PROVIDED, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (III) THE USE OF THE KIT AND THE ULIO 3D PRINTER WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, THE INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (IV) THE USE OF THE KIT WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER AND/OR 3D PRINTER.
5. LIMITATION OF LIABILITY
THE USER AGREES IN NO EVENT WILL ULIO BE LIABLE TO THE USER, (I) FOR ANY LOSS, INCLUDING LOSS OF PROFIT, DAMAGE, COST OR OTHER LIABILITY OR CLAIM ARISING FROM ANY FAILURE, INTERRUPTION, DELAY, INCOMPLETENESS OR INACCURACY OF THE ULIO 3D PRINTER KIT OR THE ULIO 3D PRINTER (II) OR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES ARISING UNDER THIS AGREEMENT; EVEN IF ULIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CUMULATIVE LIABILITY OF ULIO TO THE USER FOR ALL CLAIMS ARISING UNDER THIS AGREEMENT, UNDER CONTRACTUAL OR EXTRA-CONTRACTUAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY THE USER TO ULIO.
6. GENERAL PROVISIONS
6.1 Applicable law
The present Agreement will be governed according to the laws of the province of Quebec and the laws of Canada applicable therein. ULIO and the User agree that any claim or any legal proceedings, for whatever motive with regard to the present Agreement, will be raised exclusively before competent Courts situated in the district of Montreal, province of Quebec.
Any notice required or permitted to be sent under this Agreement shall be delivered by email. Any notice to ULIO shall be sent to the following email address: firstname.lastname@example.org. The User shall provide an email address through the ULIO website.
6.3 Modification to the terms of the Agreement
ULIO will have the right, at any time and without prior notice, to amend or modify the conditions of the present Agreement, simply by posting the aforementioned modifications or additions on the ULIO website.
The fact that the User uses the Kit or the ULIO 3D Printer after notification of the modifications to the Agreement will be deemed to constitute a pure and simple acceptance of the modifications brought about in the conditions of the present Agreement.
The User covenants and agrees that clicking the "I ACCEPT THE TERMS OF THE AGREEMENT" below or any act to use the Kit constitutes an original signature in electronic form and that this Agreement shall be considered an original document with authenticated signature admissible into evidence.
6.5 No waiver
No failure or delay by ULIO to enforce any provision of this Agreement shall constitute a waiver of any rights under such provision or any other provision under this Agreement.
6.6 Severability of the Agreement
If any provision of the Agreement is held, by a tribunal of competent jurisdiction, to be illegal, invalid or unenforceable under any applicable statute or rule of law, such illegal, invalid or unenforceable provision shall be deemed omitted and all other provisions of this Agreement shall remain in full force and effect.
6.7 Entire agreement
This Agreement constitutes the entire understanding and agreement between ULIO and the User with respect to the Kit and supersedes any and all communications, representations, statements and understandings, whether oral or written, between ULIO and the User.
I have read and understood the preceding terms and conditions of the Agreement and I agree to abide them by clicking the "I ACCEPT THE TERMS OF THE AGREEMENT" below.