Carbide 3D Design Elements License Terms

  1. Carbide 3D LLC (“Carbide 3D”) hereby grants you a limited, non-exclusive, non-transferable, revocable license (a) to download Design Elements files and to use such files in connection with CNC milling machines to create 3d objects; (b) to modify such files in any manner you desire; and (c) to distribute and/or modify any 3d objects created with such files (a “Design Elements Object”) in any manner you desire. You are not licensed or authorized to distribute any Design Elements files or any derivative or modified files that incorporate any element of the Design Elements files.

  2. ALL DESIGN ELEMENTS FILES ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CARBIDE 3D MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY DESIGN ELEMENTS FILE OR DESIGN ELEMENTS OBJECT. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT ANY DESIGN ELEMENTS FILE IS SAFE FOR USE WITH YOUR MACHINE AND MATERIALS AND THAT ANY DESIGN ELEMENTS OBJECT IS SAFE FOR USE.

  3. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CARBIDE 3D DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, APPLICABLE TO ANY DESIGN ELEMENTS FILE OR DESIGN ELEMENTS OBJECT INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF COPYRIGHT. CARBIDE 3D DOES NOT WARRANT THAT THE DESIGN ELEMENTS FILE OR DESIGN ELEMENTS OBJECT WILL BE SAFE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY DESIGN ELEMENTS FILE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CARBIDE 3D DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF DESIGN ELEMENTS FILE WITH REGARD TO ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE SAFETY, QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, AND VALIDITY OF ANY DESIGN ELEMENTS FILE OR DESIGN ELEMENTS OBJECT RESTS WITH YOU. YOU, NOT CARBIDE 3D, ASSUME THE COMPLETE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO ANY DESIGN ELEMENTS FILE OR ANY DESIGN ELEMENTS OBJECT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

  4. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THE AVAILABILITY OF DESIGN ELEMENTS FILES AT ANY TIME WITHOUT NOTICE.

  5. TO THE EXTENT THAT YOU COMMUNICATE WITH CARBIDE 3D’S CUSTOMER SERVICE DEPARTMENT OR A CARBIDE 3D REPRESENTATIVE THROUGH ANY SOURCE, THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THESE TERMS AND THIS DISCLAIMER AND THESE TERMS OF USE SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

  6. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CARBIDE 3D, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THIS WEBSITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY DESIGN ELEMENTS FILE OR DESIGN ELEMENTS OBJECT, REGARDLESS OF WHETHER CARBIDE 3D IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  7. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

  8. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL CARBIDE 3D HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR DOWNLOADING THE DESIGN ELEMENTS FILE THAT GAVE RISE TO YOUR CLAIM.