Terms of service

LICENSE  AGREEMENT

This License Agreement (the "Agreement"), Effective Immediately (the "Effective Date"), between Out of the Box Model Kits LLC ("Licensor"), and (“Licensee”).

  1. License Terms.
    • "Licensed Material" means the 3-D Print Files described on the attached Schedule 1.
    • "Territory" means world-wide.
  2. License Fee. Licensee shall pay Licensor a monthly license fee ("License Fee") in the amounts provided on Schedule
  3. Grant of Rights. Licensor hereby grants to Licensee non-exclusive, non-transferable access to the  License materials for the Territory to use for its own personal  and non-commercial purposes and Licensee agrees that the rights and license granted to it under this Agreement do not include the right to modify, edit, or commercialize the Licensed Material in whole or in part.
  4. Reservation of Rights. Neither this Agreement nor any act, omission, or statement by Licensor convey any ownership right to Licensee in any Licensed Material, or to any portion thereof. Licensor owns and retains all right, title, and interest in and to the Licensed Material subject to the license granted in Section 3.
  5. Licensee Obligations. Licensee shall not, and shall not authorize, permit, or enable any other person or entity to, access, use, or distribute the Licensed Material to any person or entity
  6. Disclaimer and; Limitation of Liability.
    • LICENSOR HEREBY DISCLAIMS ANY WARRANTY, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, UNDER THIS AGREEMENT INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

  • LICENSOR'S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED AMOUNTS PAID TO LICENSOR.

  1. Standard Terms.
    • Licensor may terminate this Agreement on written notice to Licensee if Licensee breaches or fails to comply with any terms or conditions of this Agreement and, if curable, does not cure such breach or failure within five (5) days after receiving written notice thereof. On the expiration or termination of this Agreement, all rights licensed under this Agreement will immediately revert to Licensor and Licensee shall cause to be inactivated and erased all electronic copies of the Licensed Material in its control and return or, at Licensor's written request, destroy, any tangible copies of the Licensed Material and provide Licensor of written confirmation of destruction.
    • Licensee shall not assign or otherwise transfer any of its rights under this Agreement without Licensor's prior written consent. This Agreement is binding on and inures to the benefit of the parties hereto and their respective permitted successors and assigns.
    • This Agreement is the sole and entire agreement of the parties with respect to the subject matter and supersedes all prior understandings, agreements, whether written or oral..
    • This Agreement shall be governed and construed in accordance with, the laws of California, any legal suit, action, or proceeding arising out of or relating to this Agreement will be instituted exclusively in the courts of the State of California and County of Monterey and each party irrevocably submits to the jurisdiction of such courts in any such legal suit, action, or proceeding. In the event of litigation the prevailing party shall have its attorney’s fees and costs paid by the non-prevailing party.
    • This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

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            IN WITNESS WHEREOF, Licensor and Licensee have executed this Agreement as of the date set out above. 


Schedule 1

Licensed Material]

 

For a $15 per month subscription fee, you get
access to one 1/72 scale 3D print file per month.

For a $20 per month subscription fee, you get access
to five 1/400 scale 3D print files to per month.

For  a $25 per month subscription fee, you get access
to five N-scale 3D print files per month.