PERSONAL USE - NO DERIVATIVES LICENSE

This License is based on the industry standard Creative Commons License.

Summary - No Sharing. No Selling. No remixing to share/sell. Print at Home or Work for use.

1. Definitions:

  • 1.1 "Adaptation" means a work based upon the Work, or upon the Work and other pre-existing works, such as a translation, adaptation, derivative work, arrangement of music or other alterations of a literary or artistic work, or phonogram or performance and includes cinematographic adaptations or any other form in which the Work may be recast, transformed, or adapted including in any form recognizably derived from the original. For the avoidance of doubt, where the Work is a graphic model, the use of the model to create a different model, or the changing of the model itself will be considered an Adaptation for the purpose of this License.

  • 1.2 "Attribution" means to take reasonable steps to clearly label, demarcate or otherwise identify that changes were made to the original Work and to give credit to the Original Author or Licensor of the original Work, as the case may be. For example, a translation could be marked "The original work was translated from English to Spanish," or a modification could indicate "The original work has been modified";

  • 1.3 "Collection" means a collection of literary or artistic works, such as encyclopaedias and anthologies, or performances, phonograms or broadcasts, or other works or subject matter other than works listed in Section 1(g) below, which, by reason of the selection and arrangement of their contents, constitute intellectual creations, in which the Work is included in its entirety in unmodified form along with one or more other contributions, each constituting separate and independent works in themselves, which together are assembled into a collective whole. Compiling a work into a collection may be considered an adaptation for the purposes of this License.

  • 1.4 "Commercial Purposes" means selling the model or any derivative of the model for economic or financial gain. For Example, under this License, you cannot sell the digital model, a derivative or adaptation of that model, nor can you sell prints of the model.

  • 1.5 "Distribute" means to make available to the public the original and copies of the Work or Adaptation, as appropriate, through sale or other transfer of ownership.

  • 1.6 "Licensor" means the individual, individuals, entity or entities that offer(s) the Work under the terms of this License. In most cases the Licensor will be the designer.

  • 1.7 "Original Author" means, in the case of artistic works, the individual, individuals, entity or entities who created the Work or if no individual or entity can be identified, the publisher.

  • 1.8 "Personal Purposes" means uses that will not create any finacial or economic gain, and which do not involve sharing the Work (digital file) with anyone, or selling or sharing a printed model. For example, under this License, You cannot share the 3D Model with anyone, but you can print at home or in your office and use the printed model so long as you are not selling it for financial gain.

  • 1.9 "Work" means the artistic works offered under the terms of this License including without limitation any production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression including digital form, such as a book, pamphlet and other writing; a lecture, address, sermon or other work of the same nature; a dramatic or dramatico-musical work; a choreographic work or entertainment in dumb show; a musical composition with or without words; a cinematographic work to which are assimilated works expressed by a process analogous to cinematography; a work of drawing, painting, architecture, sculpture, engraving or lithography; a photographic work to which are assimilated works expressed by a process analogous to photography; a work of applied art; an illustration, map, plan, sketch or three-dimensional work relative to geography, topography, architecture or science; a performance; a broadcast; a phonogram; a compilation of data to the extent it is protected as a copyrightable work; or a work performed by a variety or circus performer to the extent it is not otherwise considered a literary or artistic work.

  • 1.10 "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation. You may also be referred to as the Licensee from time to time.

  • 1.11 "Reproduce" means to make copies of the Work by any means including but not limited to storage of the Work.

2. Fair Dealing Rights:

  • Nothing in this License is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.

3. License Grant:

  • 3.1 Subject to the terms and conditions of this License, Licensor hereby grants You a limited use license to exercise the rights in the Work as stated below, and subject to section 4 of this License,:

    • 3.1.1 to print, reproduce, modify or make any Adaptations to the Work by private means, and

    • 3.1.2 use the Work for Personal Purposes only.
    You are not to use the Work for any Commercially Profitable Purposes.

4. Restrictions:

    The Licensor and the Licensee both understand that this is a limited license, granting a narrow scope of rights to the Licensee. Rights of use involving selling or sharing are not granted, in fact they are expressly denied.

5. Representations, Warranties and Disclaimer:

  • Pinshape may change this AUP at any time by posting a new version on this page and you are expected to visit and review this page regularly. The newest posted version will become effective on the date of such notice.

  • 5.1 UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.

  • 5.2 The Licensor represents not to offer any Work that is in violation of any copyright, moral rights, or other intellectual property rights. The Licensor takes responsibility for any such infringements. Specifically the Licensor holds Pinshape harmless of any such infringement.

  • 5.3 Both You and the Licensor understand that Pinshape is not a party to this contract and cannot be held liable either directly or indirectly for any copyright infringement, infringement of any moral rights, or infringement of any other intellectual property rights, held by any party in connect to the Work in question under this contract.

6. Limitation on Liability

  • 6.1 IN NO EVENT WILL PINSHAPE BE LIABLE TO YOU OR THE LICENSOR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Termination

  • 7.1 This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Adaptations or Collections from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.

  • 7.2 Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.

8. Miscellaneous

  • 8.1 If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

  • 8.2 No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.

  • 8.3 This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.

  • 8.4 The rights granted under, and the subject matter referenced, in this License were drafted utilizing the terminology of the Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). These rights and subject matter take effect in the relevant jurisdiction in which the License terms are sought to be enforced according to the corresponding provisions of the implementation of those treaty provisions in the applicable national law. If the standard suite of rights granted under applicable copyright law includes additional rights not granted under this License, such additional rights are deemed to be included in the License; this License is not intended to restrict the license of any rights under applicable law.

  • 8.5 This License is based off of the Licenses drafted by Creative Commons, which may be contacted at http://creativecommons.org/. Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor. Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, Creative Commons does not authorize the use by either party of the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons’ then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time. For the avoidance of doubt, this trademark restriction does not form part of this License.

Last Modified: February 15, 2015

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