YouMagine 3DPL

YouMagine 3D Printing License 3DPL

Draft Version Number <8.1>

THE WORK MAY BE PROTECTED UNDER OTHER APPLICABLE LAWS. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR APPLICABLE LAWS IS PROHIBITED.

This 3DPL is managed and powered by “YouMagine 3D BV and Louwers IP|Technology Advocaten” and may be revised from time to time. New versions will be published with a unique version number on https://youmagine.com/

Introduction

This 3D Printing License (3DPL) has been drafted to facilitate and encourage the sharing of design files for 3D printing. By sharing and working together we can collectively contribute to the advancement of human knowledge, comfort, entertainment, art, design & innovation. Through making products together and sharing the fruits of our skills and work we can inspire others to improve products and designs.

Each 3D printing design file you upload under this 3DPL remains your intellectual property. This 3DPL allows you to decide under which conditions others are allowed to use your design.

License types

You can opt for the following license types within this 3DPL:

REMIX

With a REMIX license your derivative work must be available to remix and share by others.

REMIX — NON COM

A REMIX — NON COM license restricts the use of the Design File, the modified Design File and any Designed Product to non-commercial use only. The Design File, the Modified Design File or any Designed Product may not be used with the intent of making money directly or indirectly from it.

REMIX — RIGHTS MELT

REMIX — NON COM for 12 months melting down to REMIX after 12 months. With a REMIX — RIGHTS MELT license your design file is available as a non-commercial share-alike file for 12 months. After this period the license will automatically become REMIX.

You are always expected to attribute your Modified Design File to the initial creator of the Design File and refer to the original source (see Article 3.4 below).

Definitions

In this 3DPL terms written with an initial capital shall have the meaning as set out below:

“3DPL” means this 3D Printing License granting the right to use the Design File or Modified Design File.

“Design File” means the computer code and data files containing the description of a Designed Product in a common format such as STL, PDF, DXF or OBJ. Related instructions, texture, bitmap or image documents are considered to be part of the definition of Design File under this 3DPL.

“Designed Product” means a product 3D printed or manufactured in another manner using the (Modified) Design File in whole or in part.

“Licensee” means any individual or legal entity exercising a license granted under this 3DPL.

“Licensor” means any individual or legal entity that owns the intellectual property rights or is authorized by the owner of the intellectual property rights to grant a license.

“Modified Design File” means a Design File under this 3DPL that has been modified by a Licensee.

A Licensee may at the same time be a Licensor, and vice versa.

Applicability

This 3DPL governs the use, copying, modification and distribution of the Design File, and the printing of the Designed Product. By exercising any right granted under this 3DPL, the Licensee irrevocably accepts these terms and conditions. Once you apply a License to your Design File, anyone who receives it, may rely on that license and comply with the conditions for as long as the Design File or Modified Design File is protected by copyright and similar rights, even if you later stop distributing it.

Using, copying, modifying and distributing of the (Modified) Design File and printing of Designed Products

3.1 The Licensee may use, copy, modify and distribute the Design File, and 3D print or otherwise manufacture the Designed Product, always provided that he shall:

• in case of a REMIX — NONCOM license: only use, copy, modify and distribute the Design File, and print the Designed Product for non-commercial use;
• in case of a REMIX — RIGHTS MELT license: only use, copy, modify and distribute the Design File, and print the Designed Product for non-commercial use for the first twelve months after the initial release of the Design File; after this period the file will automatically become a REMIX file;
• in case of a REMIX license: modify the Design File and distribute, as the case may be, the Modified Design file by sharing it on the public Internet.
• Thereby, as the case may be, in addition to being a Licensee also becoming a Licensor.

3.2 The Licensee shall always:

• keep intact any references in the Design File to the Licensee(s) and add its own reference, as the case may be, to the modified (part of the) Design File;
• apply the same 3DPL conditions chosen for the original Design File and include a copy of this 3DPL in every copy of the Design File or, as the case may be, Modified Design File;
• credit the original creator for his of her work. If the Licensor expressly requires the Licensee to add a reference to be printed on or in the physical printed object, such as a logo or name, you have to respect that and are not allowed to remove that reference without the creator’s approval.

3.3 Each Licensor grants you, every other Licensee, and every possessor or user of the Design File or Designed Product a perpetual, worldwide, and royalty-free immunity from suit under any patent, patent application, or other intellectual property right which Licensor controls, to the extent necessary to use, copy, modify and distribute the Design File, and print the Designed Product. This immunity does not extend to infringement arising from modifications subsequently made by others.

3.4 In so far as reasonably possible, Licensee shall always attribute the Design File or Modified Design File to its initial creator and origin by referring to the source and the original creator.

Breach

4.1 The rights granted under this 3DPL will terminate immediately and automatically at the moment a Licensee fails to comply with any of its terms.

4.2 In the event that Licensee fails to comply with the provisions of this 3DPL, Licensee shall pay to Licensor a penalty of three times the gross revenue actually realized on the number of products produced with the use of the Design File or Modified Design File. If the revenue cannot be determined, the penalty will be at least three times the value of comparable products. This penalty does not limit any other right of Licensor may have under applicable laws, including the right to claim additional damages or surrendering of illegitimate profit gains.

Disclaimer and limitation of liability

Explanatory introduction: The Licensee understands that there is a high degree of variability in output because of the variation in settings of 3D printing machines, differences between 3D printing machines, materials used, ambient temperature, humidity and other environmental and other circumstances, specifically for 3D printers. Even the same type of 3D printer with the same settings may produce different objects that look and function differently due to circumstances such as ambient temperature, exposure of the 3D printing material to the air or the material used. The validity, functionality or fitness for purpose of a 3D printed product cannot be guaranteed. The above applies to all kinds of additive manufacturing technologies.

5.1 The Licensee understands that the (Modified) Designed File is provided “as is” and any express or implied warranties, including, but not limited to, implied warranties of merchantability, of satisfactory quality, non-infringement of third party rights, and fitness for a particular purpose or use are disclaimed in respect of the Design File, the Modified Design File or any Designed Product.

5.2 The Licensor makes no representation that the Design File, the Modified Design File or any Designed Product, does or will not infringe any patent, copyright, database right, design right, design patent, trade mark, trade secret or other proprietary right or result in a breach under unfair competition law. The entire risk as to the use, quality, and performance of a Design File, the Modified Design File or any Designed Product shall be with the Licensee and not the Licensor.

5.3 The Licensor shall not be liable for any damages, however caused and on any theory of contract, warranty, tort (including negligence), product liability or otherwise, arising in any way in relation to the Design File, Modified Design File and/or the use, manufacture or distribution of a Designed Product, and the Licensee shall hold the Licensor(s) harmless from any liability, costs, damages, fees and expenses, including claims by third parties, in relation to such use.

5.4 This section shall survive expiry or termination of this 3DPL for an indefinite period of time.

Applicable law and disputes

6.1 This 3DPL and any disputes arising under or in connection with this license (including any non-contractual claims or disputes) are subject to Dutch law exclusively. The United Nations Convention on Contracts for the International Sales of Goods is excluded from application to this license.

6.2 Any dispute, controversy or claim arising under, out of or relating to this license and any subsequent amendments of this license, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be referred to expert determination in accordance with the WIPO Expert Determination Rules. The determination made by the expert shall be binding upon the parties, unless within [30] days of the communication of the determination, the matter referred to expert determination is, upon the filing of a Request for Arbitration by either party, referred to and finally determined by arbitration in accordance with the WIPO (Expedited) Arbitration Rules. The arbitral tribunal shall consist of a sole arbitrator, unless both parties prefer a panel of three arbitrators. The place of arbitration shall be the country where both parties have their registered domicile of, in the absence of a joint domicile in the same country, the Netherlands. The language to be used in the arbitral proceedings shall be English. The dispute, controversy or claim shall be decided in accordance with the laws of the Netherlands.

General provisions

7.1 This license is granted by the Licensor directly to the Licensee, and shall apply worldwide and without limitation in time. The Licensee may assign his license rights or grant sub-licenses. This 3DPL does not imply or represent any transfer or assignment of intellectual property or other proprietary rights to the Licensee except for the rights explicitly granted herein.

7.2 The Licensee shall not use or make reference to any of the names (including acronyms and abbreviations), images, or logos under which the Licensor is known, save in so far as required to comply with section 3. Any such permitted use or reference shall be factual and shall in no event suggest any kind of endorsement or approval or responsibility by the Licensor or its personnel of the Modified Design File or any Designed Product, or any kind of implication by the Licensor or its personnel in the preparation of the Modified Design File or Designed Product.

7.3 This 3DPL does not in any way prevail over the YouMagine Terms of Use governing the use of the YouMagine platform and services, including limitations with respect to illegal content.