PARTNER LICENSE AGREEMENT
Terms and Conditions of License
Last updated July 1st, 2019
These terms and conditions govern the use of all Cannagar Tools / Cascadia 3D Digital Files and all printed objects and digital files provided by Cannagar Tools or licensed 3D printing partners. By opening and downloading the Digital Files transmitted to you by Cascadia 3D via link or attachment, you agree to this License Agreement as a License Holder of our Partner License Agreement and you agree to be bound by the following terms and conditions. You acknowledge that Cascadia 3D retains all rights and ownership to all original digital 3D assets and contents created by Cannagar Tools, physical printed items made from those files, and any resulting files created using models or their elements found in Cannagar Tools STL files.
1.1 Choice of Law. If you reside in North America, your relationship is with Cascadia 3D, a sole proprietorship based in Washington State, and the Services and Software are governed by the law of Washington, U.S.A.
1.2 Eligibility. You may only use our services if you agree to be bound to all terms and conditions outlined in sections 1.1-5.3.
Cascadia 3D does not share personal or company information provided by customers and clients. All information shared with Cannagar Tools during sales, consultation, email, mail, phone, or any unspecified point of contact, will be treated as sensitive and will be held under the strictest confidence. Your personal and/or company data will never be copied, shared, distributed, or sold to any third party.
Cascadia 3D may provide software and documentation as part of Services, all of which are private in nature and no permission is granted for any of these files or their contents to be copied, shared, distributed, or otherwise provided or made accessible to any third party without the expressed written consent of Cascadia 3D.
1.4 AUDITED COMMERCIAL USE This license grants the user rights to install and use our provided Digital Files on to up to 5 computers for the license period defined in the Additional Terms (See Section 1.7). The Partner License grants the licensee the rights to print all Digital Files associated with licenses granted by Cascadia 3D for the duration of the license period to be defined in the Addition Terms of the License Agreement.
This license also grants the Partner Licensee limited rights to sell Cannagar Tools in physical form, in their own retail store, online, or directly as their own independent sales agent.
This licensee must provide samples of 3D printed models to Cascadia 3D at no charge upon request, for the purpose of quality control auditing. Licensee agrees to maintain an agreed upon level of quality control as outlined by Cascadia 3D. Failure to adhere to Quality Control Standards may result in a suspension of Partner License until quality control threshold output is achieved.
Partner Licensees may print our 3D models for their own commercial cannagar production, personal uses, and for limited resale but the license holder DOES NOT retain ownership of our digital files, all of which remain the sole property of Cascadia 3D. By entering into this License, the Partner Licensee also acknowledges limited ownership of the physical 3D printed objects as part of the Limited Ownership Policy. See Section 1.5.
1.5 UNLIMITED PRINTING / LIMITED OWNERSHIP POLICY This license grants the license holder rights to print our 3D models using their own printers and supplies, with no limitation placed upon quantity. The license holder may not sell, distribute on any medium, or otherwise share with any third party, any printed 3D objects provided by Cascadia 3D / Cannagar Tools without expressed written permission of Cascadia 3D. Hybrid/modified digital files and printed models produced from the Digital Files provided by Cascadia 3D may not be sold, distributed on any medium, or otherwise made accessible to any third party without the expressed written consent of Cascadia 3D. All printed plastic objects created using Digital Files provided by Cascadia 3D / Cannagar Tools are subject to the Limited Ownership Policy. Suspected violations of our Limited Ownership Policy will be investigated. Confirmed violations will result in immediate termination of License and potential legal action.
Intellectual Property Rights and Unlicensed Sale/Reproduction – as a licensee, it will be your prerogative to print our tools as you wish, using any printer configuration you desire, using any materials you wish. using any 3D printer you may have at your disposal, but without our internal quality controls and auditing, we do not desire these 3D objects to be made available for sale to the public, thus representing our company.
1.6 Modification. The license holder may edit and modify Digital Files provided by Cascadia 3D. The resulting composite digital model may not remove our logos, printed names, website, or model identifiers, in full or in part, without our written permission. Any modifications to our design made must include all of the above specified. Removal of our logo and name is a Violation of our Limited Ownership Policy.
Resulting files created using objects, partial or complete, contained in Cannagar Tools Digital Files become the intellectual property of Cascadia 3D, and all rights and ownership are reserved by Cascadia 3D unless otherwise specified in Additional Terms. These files, though created by the license holder, may not be sold, distributed on any medium, shared, or otherwise made available to any third party outside of this license agreement without the expressed written consent of Cascadia 3D.
1.7 Additional Terms Additional Terms must be specified between Licensee and Cascadia 3D, and signed/dated by both parties.
1.7.1 Start Date for this License Agreement : Date of First Download and Access of the Digital Files.
1.7.2 End Date for this License Agreement : 1 Year from the Date of License Being Granted, Renewed Annually
1.8 Mutual Collaborative Agreement. Mutual collaborative design efforts must be specified in the Service Contract, with specific expectations for manufacturing and cost made clear upon request from both parties. All modifications to files which occur as collaborative effort will outline contractual conditions and will become defined as Mutual Collaborative Agreement, and be subject to the Additional Terms outlined by both parties in Section 1.7, and will be referenced in the Service Contract.
2. Terms of Service
2.1 License. Subject to your compliance with these conditions and terms and the law, you may access and use our digital files.
2.2 License Period. Time period defined by license.
2.3 Cascadia 3D Intellectual Property We (Cascadia 3D) remain the sole owner of all right, title, and interest in the Physical 3D Objects and Digital Files. We reserve all rights not granted under these terms.
2.4 Digital Files. “Digital Files” means Cannagar Tools-provided sample files such as Zip, STL, AMF, gCode, Doc, or PDF files. The license holder must not claim any trademark or intellectual property rights to the Digital Files or Derivative Works created from the Digital Files without the permission of Cascadia 3D
2.5 Derivative Works. “Derivative Works” means any resulting files or documents created by access, modification or copying of content in the Digital Files provided by Cascadia 3D.
2.6 Other License Types.
(a) NON COMMERCIAL SINGLE USER
2.7 Cascadia 3D Service Contract Our Partner License can be modified with written agreements expressed in the Service Contract between Cascadia 3D and client. Additional Terms (Section 1.7) will by modified to reference points from the Service Contract which specifically modify or enhance the Non-Commercial License.
3. Your Content.
3.1 Limited Ownership of Hybrid/Modified Files. Cascadia 3D retains all rights and ownership of to any Digital Files created by modifying any objects contained in original Digital Files provided by Cascadia 3D. These modified Digital Files may not be sold, copied, distributed via any platform, or shared with any third party outside of this license agreement.
3.2 Licenses Granted to Cascadia 3D. We require certain agreements from you to access our Digital Files and print them. When you modify our files and use our designs in the creation of new 3D objects, you grant us a non-exclusive, worldwide, royalty-free, sub-licensable, and transferrable license to use, reproduce, publicly display, distribute, modify, publicly display, and translate any modifications made to our Digital Files, unless otherwise amended agreements have been defined in Additional Terms.
3.3 Feedback. You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). However, if you submit Feedback to us, then you grant us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferrable, to make, use, reproduce, publicly display, or distribute that Feedback.
3.4 Sales of 3D Printed Objects. The licensee is permitted to sell physical objects printed from our Digital Files but is only permitted to sell modified variants of these files under specific conditions, and only with the expressed written permission of Cascadia 3D. All conditions must be met for the sale to not violate our Limited Ownership Agreement. 1) Quality Control must be consistent and meet all qualifications. 2) No Prohibited Sales. Prohibited Sales includes selling modified variants or derivative works without permission, or competing directly with the parent website by offering sales designed to undercut or unfairly drive traffic away from www.cannagartools.com.
4. Your Warranty and Indemnification Obligations.
4.1 Warranty. By downloading our Digital Files, you agree that you have: all necessary licenses and permissions to use and print the Digital Files. You also agree that you have the hardware and software capable of producing and printing these files, and that you have the knowledge and skill level to achieve the results you desire. There is no warranty implied in regards to the performance of the 3D printing files, or your ability to successfully 3D print them.
4.2 Indemnification. You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your use of our digital files, or your violation of these terms.
5. Disclaimers of Warranties.
5.1 Unless stated in the Additional Terms, the Digital Files are provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Digital Files. We further disclaim any warranty that (a) the Digital Files will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Digital Files will be effective, accurate, or reliable; (c) the quality of the Digital Files will meet your expectations; or that (d) any errors or defects in the Digital Files will be corrected.
5.2 We specifically disclaim any liability for any actions resulting from your use of any Digital Files or 3d Printed Objects. You may use and access the our Digital Files at your own discretion and risk, and you are solely responsible for any damages or loss that results from the use. 6. Limitation of Liability.
6.1 Unless stated in the Additional Terms, we are not liable to you or anyone else for: (a) any loss of use, data, goodwill, or profits, whether or not foreseeable; and (b) any special, incidental, indirect, consequential, or punitive damages whatsoever (even if we have been advised of the possibility of these damages), including those (x) resulting from loss of use, data, or profits, whether or not foreseeable, (y) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (z) arising from any other claim arising out of or in connection with your use of or access to the Services or Software. Nothing in these terms limits or excludes our liability for gross negligence, for our (or our employees’) intentional misconduct, or for death or personal injury.
6.2 Our total liability in any matter arising out of or related to these terms is limited to US $100 or the aggregate amount that you paid for access to the Digital Files during the three- month period preceding the event giving rise to the liability, whichever is larger. This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy.
6.3 The limitations and exclusions in this Section 6 apply to the maximum extent permitted by law.
7.1 Termination by You. You may stop using our Digital Files and printed objects at any time. Termination of your license does not relieve you of any obligation to protect the intellectual property of Cascadia 3D / Cannagar Tools.
7.2 Termination by Us. Cascadia 3D reserves the right to terminate license at any time, for any reason, and without notification. Unless stated in Additional Terms, we may, at any time, terminate your right to use and access our Digital Files if :
(a) you breach any provision of these terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with these terms);
(b) You fail to make the timely payment of fees for the Digital Files and Services
(c) We are required to do so by law (for example, where the provision of the Digital Files to you is, or becomes, unlawful);
(d) We elect to discontinue the Digital Files, in whole or in part, (such as if it becomes impractical for us to continue offering Services in your region due to change of law); or
(e) there has been an extended period of inactivity or business closure
7.3 Survival. Upon expiration or termination of these terms, any perpetual licenses you have granted, your indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in these terms will survive. Upon the expiration or termination of the License, some or all of the Software may cease to operate without prior notice.
8.1 Screening. We do not review all content created with our digital files, but we may use available DRM technologies and partnerships to gather evidence of suspected violations of our Terms and Conditions.
9. Export Control Laws.
The Digital Files, Services, content, and your use of the Digital Files, and content, are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the Digital Files, Services, and content. You agree to comply with all the laws, restrictions, and regulations.
10. Dispute Resolution.
10.1 Process. For any concern or dispute you may have, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, you or Cascadia 3D must resolve any claims relating to these terms, the Services, or the Software through final and binding arbitration, except that you may assert claims in small claims court if your claims qualify.
10.2 Injunctive Relief. Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Digital Files or content in violation of these terms you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
11. Compliance with Licenses.
Cannagar Tools Digital Files are watermarked with unique identifiers for each license sold, a sort of digital serial number. If we discover our files being distributed online, we can examine this identifier and determine where the files came from. This will result in immediate suspesion of the licensee of origin, with no further downloads, updates, or support, pending an investigation into the nature of the distribution. If licensee is found to be in violation, license will be terminated.
12. Modification of Terms.
We may modify these terms or any additional terms that apply to a Service or Digital File to, for example, reflect changes to the law or changes to our Digital Files. We will post notice of modifications to these terms on this page. We will post notice of modified additional terms in the applicable section. By continuing to use or access the Digital Files after the revisions come into effect, you agree to be bound by the revised terms.
13.1 English Version. The English version of these terms will be the version used when interpreting or construing these terms.
13.2 Notice to Cascadia 3D. You may send the notices to us at the following address: Cascadia 3D, 32719 1st Place South, Federal Way, WAY 98003.
13.3 Notice to You. We may notify you by email, postal mail, postings within the Services, or other legally acceptable means.
13.4 Entire Agreement. These terms constitute the entire agreement between you and us regarding your use of the Services and Digital Files and supersede any prior agreements between you and us relating to the Services.
13.5 Non-Assignment. You may not assign or otherwise transfer these terms or your rights and obligations under these terms, in whole or in part, without our written consent and any such attempt will be void.
13.6 Severability. If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.
13.7 No Waiver. Our failure to enforce or exercise any of these terms is not a waiver of that section.