QUBLAR License Agreement
QUBLAR Digital Models do contain patent pending, proprietary elements.
By clicking the “Add to Cart” links found on the qublar.com website, or by opening a “Download link” containing QUBLAR model files, you agree to the terms of the QUBLAR End User License Agreement. This is a contract between you and QUBLAR. Please note that this is a license to use QUBLAR 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 QUBLAR models. Please read the terms carefully:
Free Downloads:
3D-models available as „Free Downloads“ on the QUBLAR webpage are licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License:
Attribution: You must give appropriate credit, provide a link to the model, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
NonCommercial: You may not use the material for any commercial purposes.
ShareAlike: If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.
Purchasable Downloads:
Limited License:
Upon payment of the non-refundable license fee, QUBLAR grants you a non-exclusive, non-transferable, limited right to use QUBLAR models for personal or commercial use by you at a single, geographical location (the “Licensed Location”). You may not store QUBLAR 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 QUBLAR models except as needed to use it as expressly permitted by this Agreement. You may make one (1) copy of QUBLAR 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 QUBLAR models and permitted copies, and the trademarks associated with QUBLAR, are the intellectual property owned by QUBLAR. QUBLAR models are protected by copyright including without limitation, by Swiss Copyright Law, international treaty provisions, and applicable laws in the jurisdiction of use.
You may not copy QUBLAR models except as provided under the “Permitted Copies” provision above.
License Transfer; Service Bureaus:
You may not rent, lease, sublicense, distribute, lend nor transfer QUBLAR models, or any copy or portion of QUBLAR models, without QUBLAR’s prior written consent.
No Other Use:
You are granted only the rights expressly stated in this Agreement, and you may not use QUBLAR 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 QUBLAR:
1. You may not share QUBLAR models with other business entities (e.g. your advertising agency, dealer, subsidiary, parent company, service bureau, etc.)
2. You may not use QUBLAR models at more than one physical location
3. You may not change the name of QUBLAR models
4. You may not resell or redistribute QUBLAR models
Pre-Printed QUBLAR Models: Allowance, 07/22/2015 – We reserve the right to change this at any moment, without warning.
After Printing our QUBLAR 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 QUBLAR models as a means to experiment, test, create art, and entertain with no intent to sell or create financial gain in anyway.
Hobbyists may sell fabricated versions of QUBLAR models on a “small scale.” We define small scale as under 20 models. To legally sell more than 20 models of the game, please contact QUBLAR at info@qublar.com to enter into a commercial license agreement.
If you do intend to demonstrate your abilities and/or sell your pre-printed QUBLAR models in an online or physical store or at an event, let us know at info@qublar.com. We can help promote your efforts and sell more!
Acknowledgment:
Please acknowledge QUBLAR models when you are using them to promote a product, displaying them, or selling fabricated models, using the information below.
3D models designed by QUBLAR
NOTE: Acknowledgment signage can be found in the ‘Terms of Use’ and ‘Support’ sections of QUBLAR’s website for download for your convenience.
Please, contact QUBLAR at info@qublar.com to enter into a unique commercial or educational license agreement OR Renew Your Purchase if you meet or exceed the allotted printing quota for your User Type.
Commercial & Educational – Any entity (for-profit/non-profit business or individual) that intends to sell, or has sold, pre-printed QUBLAR models with the goal of financial gain, and/or uses pre-printed QUBLAR models to demonstrate current production abilities and techniques with the intent or purpose of gaining future business.
– 20x Printing quota per downloaded, on all included elements.
If you do intend to demonstrate your entity’s abilities and/or sell your pre-printed QUBLAR models in an online or physical store or at an event, let us know at info@qublar.com. We can help promote your efforts and sell more!
Acknowledgment:
Please acknowledge QUBLAR models when you are using them to promote a product, displaying them, or selling fabricated models, using the information below.
3D models designed by qublar.com
NOTE: Acknowledgment signage can be found in the ‘Terms of Use’ and ‘Support’ sections of QUBLARS’s website for download for your convenience.
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 QUBLAR Files / Artwork / 3D Files. The balance of the Agreement shall survive any such termination of license rights.
Warranty:
QUBLAR warrants that QUBLAR models will perform as outlined in the user documentation in effect at the time of the commencement of this license. QUBLAR 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 QUBLAR. QUBLAR will have no responsibility in the event you fail to provide proof you licensed QUBLAR models from QUBLAR.
Disclaimer; No Refunds:
EXCEPT AS EXPRESSLY PROVIDED IN THE FOREGOING PARAGRAPH, QUBLAR MODELS ARE PROVIDED “AS IS.” QUBLAR DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING QUBLAR MODELS. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY WHICH MAY NOT BE LIMITED OR EXCLUDED BY LAW APPLICABLE IN YOUR JURISDICTION, QUBLAR 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 QUBLAR models is nonreturnable and nonrefundable.
Damages; Limitations:
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL QUBLAR 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 3DKITBASH MODELS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF QUBLAR 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 QUBLAR’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:
This Agreement is governed by the laws of Zurich, Switzerland, excluding conflict of laws provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. You expressly agree that any disputes related to this Agreement will be resolved in a Zurich Court. If any part of this Agreement is found void and unenforceable the balance of the Agreement will remain valid and enforceable according to its terms.
This Agreement represents the entire agreement between you and QUBLAR in connection with its subject matter. This Agreement supersedes any other “QUBLAR End User License Agreement” which may be included with QUBLAR models or previously displayed on this web site, and/or any prior agreements between you and QUBLAR in connection with its subject matter. This Agreement may only be modified by QUBLAR in a writing that expressly states that such writing is intended to modify this Agreement.
Governing QUBLAR:
QUBLAR is a Swiss company with a mailing address of: Aargauerstrasse 90, 8048 Zurich, Switzerland. All support requests, completed registrations and other inquiries should be sent to: info@qublar.com
Copyright © 2015 Qublar, dba qublar.com