License agreement

All terms of this license agreement apply to all Uppgradera.co models and products. Throughout this agreement, Uppgradera.co will be referred to as “Uppgradera”.

By downloading and printing the Uppgradera model files, you agree to the terms of the Uppgradera End User License Agreement. This is a contract between you and Uppgradera. Please note that this is a license to use Uppgradera models, NOT an agreement of ownership. This license is non-transferable. If you do not agree to the terms, you are not permitted to use Uppgradera models. Please read the terms carefully:

Limited License:

Uppgradera grants you a non-exclusive, non-transferable, limited right to use Uppgradera models for personal use by you at a single, geographical location (the “Licensed Location”). You may not store Uppgradera models on a file server that can be accessed via the Internet or other external network system by computers and printers not located at the Licensed Location.

Permitted Copies:

You may not duplicate or copy Uppgradera models except as needed to use it as expressly permitted by this Agreement. You may make one (1) copy of Uppgradera models for backup purposes. You may make an additional copy in a file format readable by 3D Printers, for the purpose of being 3D Printed at your Licensed Location. All permitted copies you make must contain the exact copyright, trademark and other proprietary notices that appear on and/or in the model including all related documentation.

Intellectual Property Rights:

You acknowledge and agree that Uppgradera models and permitted copies, and the trademarks associated with Uppgradera, are the intellectual property owned by Uppgradera.

You may not copy Uppgradera models except as provided under the “Permitted Copies” provision above.

License Transfer; Service Bureaus:

You may not rent, lease, sublicense, distribute, lend nor transfer Uppgradera models, or any copy or portion of Uppgradera models, without Uppgradera’s prior written consent.

No Other Use:

You are granted only the rights expressly stated in this Agreement, and you may not use Uppgradera models for any other use. Without limitation, below are examples of uses that are NOT permitted under this Agreement and require purchase of a separate license from Uppgradera:

You may not share Uppgradera models with other business entities (e.g. your advertising agency, dealer, subsidiary, parent company, service bureau, etc.)

You may not use Uppgradera models at more than one physical location

You may not change the name of Uppgradera models

You may not resell or redistribute Uppgradera models

After Printing our Uppgradera 3D files it is not uncommon for the newly printed models to be used to demonstrate your 3D printing capabilities, be it for private and/or commercial use. We know and appreciate this and have tried to set up a system of understanding on what we think is acceptable usage and what we consider not acceptable usage of these printed models.

Type of Users:

Private – Generally referred to as a hobbyist; this Individual uses pre-printed Uppgradera models as a means to experiment, test, create art, and entertain with no intent to sell or create financial gain in anyway.

To legally sell any models from any kit, physically or digitally, please contact Uppgradera at hello@uppgradera.co to enter into a commercial license agreement.

Acknowledgment:

Please acknowledge Uppgradera models when you are using them to promote a product, displaying them, or selling fabricated models, using the information below.

3D models designed by Uppgradera – www.uppgradera.co

Termination:

The license rights granted under this Agreement will immediately and automatically terminate without notice if you fail to comply with any term or condition of this Agreement. Upon termination, you must destroy all copies of Uppgradera Files / Artwork / 3D Files. The balance of the Agreement shall survive any such termination of license rights.

Warranty:

Uppgradera warrants that Uppgradera models will perform as outlined in the user documentation in effect at the time of the commencement of this license. Uppgradera will correct substantial malfunctions occurring during this warranty period provided that such malfunctions are reproducible, your product is properly registered, and you give immediate notice and sufficient detail of such malfunctions to Uppgradera. Uppgradera will have no responsibility in the event you fail to provide proof you licensed Uppgradera models from Uppgradera.

Disclaimer; No Refunds:

EXCEPT AS EXPRESSLY PROVIDED IN THE FOREGOING PARAGRAPH, Uppgradera MODELS ARE PROVIDED “AS IS.” Uppgradera DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING Uppgradera MODELS. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY WHICH MAY NOT BE LIMITED OR EXCLUDED BY LAW APPLICABLE IN YOUR JURISDICTION, Uppgradera MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO OTHER MATTERS, INCLUDING WITHOUT LIMITATION, NON INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Your license for Uppgradera models is nonreturnable and nonrefundable.

Damages; Limitations:

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL Uppgradera BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE Uppgradera MODELS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF Uppgradera HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF

INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Uppgradera’s cumulative liability for any loss or damage to you (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (US$50.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.

Governing Law:

The language of the present contract is English, the governing law is exclusively the Hungarian law. In any question that was not touched upon in the present contract the governing principles are the legislations of the a Act V of 2013 on the Civil Code (Civil Code).

Uppgradera.co brand is owned by Adam Miklosi - Hungary