Base & Prime Studio License Agreement

All terms of this license agreement apply to all Base & Prime Studio models and products. Throughout this agreement, Base & Prime Studio will be referred to as “Base & Prime”.

Base & Prime Digital Models do contain patent pending, proprietary elements.

By clicking the “Add to Cart” links found on the baseandprime.com website, or by opening a “Download link” containing Base & Prime model files, you agree to the terms of the Base & Prime End User License Agreement. This is a contract between you and Base & Prime. Please note that this is a license to use Base & Prime 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 Base & Prime models. Please read the terms carefully:

Limited License:

Upon payment of the non-refundable license fee, Base & Prime grants you a non-exclusive, non-transferable, limited right to use Base & Prime models for personal  use by you at a single, geographical location (the “Licensed Location”). You may not store Base & Prime 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 Base & Prime models except as needed to use it as expressly permitted by this Agreement. You may make one (1) copy of Base & Prime 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 Base & Prime models and permitted copies, and the trademarks associated with Base & Prime, are the intellectual property owned by Base & Prime. Base & Prime models are protected by copyright including without limitation, by United States Copyright Law, international treaty provisions, and applicable laws in the jurisdiction of use.

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

License Transfer; Service Bureaus:

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

No Other Use:

You are granted only the rights expressly stated in this Agreement, and you may not use Base & Prime 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 Base & Prime:

  1.    You may not share Base & Prime models with other business entities (e.g. your advertising agency, dealer, subsidiary, parent company, service bureau, etc.)
  2.    You may not use Base & Prime models at more than one physical location
  3.    You may not change the name of Base & Prime models
  4.    You may not resell or redistribute Base & Prime models

After Printing our Base & Prime 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 Base & Prime 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 Base & Prime at studio@baseandprime.com to enter into a commercial license agreement.

Acknowledgment:

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

3D models designed by Base & Prime

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 Base & Prime Files / Artwork / 3D Files. The balance of the Agreement shall survive any such termination of license rights.

Warranty:

Base & Prime warrants that Base & Prime models will perform as outlined in the user documentation in effect at the time of the commencement of this license. Base & Prime 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 Base & Prime. Base & Prime will have no responsibility in the event you fail to provide proof you licensed Base & Prime models from Base & Prime.

Disclaimer; No Refunds:

EXCEPT AS EXPRESSLY PROVIDED IN THE FOREGOING PARAGRAPH, Base & Prime MODELS ARE PROVIDED “AS IS.” Base & Prime DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING Base & Prime MODELS. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY WHICH MAY NOT BE LIMITED OR EXCLUDED BY LAW APPLICABLE IN YOUR JURISDICTION, Base & Prime 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 Base & Prime models is nonreturnable and nonrefundable.

Damages; Limitations:

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL Base & Prime 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 Base & Prime MODELS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF Base & Prime 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 Base & Prime’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 the U.S.A. and the Commonwealth of Pennsylvania, 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 Pennsylvania [[District]] Court, located in Allentown, Pennsylvania, U.S.A., and you consent to personal jurisdiction and venue of those courts. 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 Base & Prime in connection with its subject matter. This Agreement supersedes any other “Base & Prime End User License Agreement” which may be included with Base & Prime models or previously displayed on this web site, and/or any prior agreements between you and Base & Prime in connection with its subject matter. This Agreement may only be modified by Base & Prime in a writing that expressly states that such writing is intended to modify this Agreement.

Governing Base & Prime:

Base & Prime is a Commonwealth of Pennsylvania company with a mailing address of: P.O. Box 304, Macungie, PA 18062. All support requests, completed registrations and other inquiries should be sent to: studio@baseandprime.com

Copyright © 2019 Base & Prime Studio