Licenses

This license applies to two parties:
(a) The vendor of the product being sold(Cutting Paths) on behalf of the creator of the product
(b) The licensee: the purchaser of the product

1. Order

(a) These terms, together with the order referencing them, make up a license agreement. The product, the creator, and the licensee are all identified on the order.

2. Versions

(a) This agreement covers only the specific version of the product at the time of purchase.

3. Billing

(a) Billing Errors. The licensee agrees to give the vendor notice of any suspected billing error . Both sides agree to resolve any potential billing errors promptly and in good faith.

4. Permitted Use

(a) The licensee may use the product’s digital files to create a physical product and distribute in a commercial capacity.

(b) Commercial Use Defined:

(i) Any use that involves the exchange of money or other currency
(ii) Any use that promotes a business, another product, or a service where financial gain or commercial gain is sought as a result of the licensee’s use of the product.

(c) The Commercial End-Product must be significantly different than the original licensed product

(d) End Product must take time and effort to produce

(e) End Product must not derive its primary value from the original licensed product itself.

(f) Examples of Permitted Use:

(i) Physical end products created from the original product’s source files.

(ii) Laser-cut physical objects, CNC machined physical objects, vinyl cut physical objects, printed graphics, or 3D printed objects created from the original product’s source files.

(iii) Manufacturing and selling of physical items derived from the original product’s source files.

5. Prohibited Uses

(a) The licensee may not:

(i) sell, lease, license, or sublicense the product, its documentation, or the manufactured items created from the product’s files. This includes laser-cut objects, CNC milled objects, printed objects, or 3D printed objects as well as any other physical or digital item created with the product’s files as a main source of creation.
(ii) decompile, disassemble, or reverse engineer any part of the product
(iii) allow access to the product by others not licensed under this agreement
(iv) share copies of the product or documentation with with others not licensed under this agreement
(v) make the functionality of the product available to others
(vi) assist or allow others to use the product against the terms of this agreement

6. Intellectual Property

(a) This agreement does not license or assign any intellectual property rights.

7. Open Source

(a) Open Source Compliance. Some components of the product may be open source product available under free, public licenses. If the public license terms for any open source component conflict with the terms of this agreement, only the public license terms apply to that component, not the terms of this agreement. If the license terms for any open source component require an offer of source code or other information related to that component, the creator agrees to provide on written request.
(b) Dual Licensing. If any part of the product is or becomes available under a public license:

(i) While the licensee’s licenses continue, the licensee must abide by this agreement, not the public license.
(ii) After the licensee’s licenses end, the licensee must abide by the public license.
(iii) The licensee must abide by the terms of the public license for any versions of the product not covered by this agreement.

8. Delivery

(a) Materials. The creator agrees to deliver the product in the form of digital files via the Cutting Paths website.
(b) Method. The creator agrees to deliver all materials by making them available to download online, without any additional charge.

9. No Escrow

(a) The parties do not agree to use any product escrow service for the product under this agreement.

10. Technical Support

(a)The creator is under no obligation to provide technical support for the product under this agreement.

11. Liability

(a) Disclaimer. The creator provides the product as is, without any warranty. The creator disclaims any warranties the law might otherwise imply, like warranties of merchantability, fitness for any particular purpose, title, or noninfringement.
(b) Unforeseeable Damages. Neither side will be liable for breach-of-contract damages they could not have reasonably foreseen when entering into this agreement.
(c) Liability Cap. Except for Section 12(d) (Uncapped Liabilities), neither side’s total liability for breach of this agreement will exceed the amount of fees the creator received from the licensee under this agreement during the twelve months before the first claim is made. This limit applies even if the side liable is advised that the other may suffer damages, and even if the licensee paid no fees at all.
(d) Uncapped Liabilities. Section 12(c) (Liability Cap) does not apply to:

(i) the licensee’s obligations to pay fees
(ii) the creator’s obligations to indemnify the licensee
(iii) liabilities the law requires to be unlimited

12. Indemnities

These indemnities apply as long as the licensee has paid all licensing fees as required by this agreement:

(a) General Indemnity. Subject to Section 13(e) (Indemnification Process), the creator agrees to indemnify the licensee for legal claims by others alleging that the product infringes any copyright, trademark, or trade secret right, or breaks any law.
(b) Patent Indemnity. The creator will not indemnify the licensee for any claims by others alleging that the product infringes any patent.
(c) Scope of Indemnity. Throughout this agreement, to indemnify means to indemnify and hold the licensee harmless for all liability, expenses, damages, costs, and reasonable attorney fees, as well as to defend the indemnified party.
(d) Only Remedy. Both sides agree that indemnification will be the only legal remedy for claims covered by indemnity.
(e) Indemnification Process. Both sides agree that to receive indemnification under this agreement, they must give notice of any covered claim quickly, allow the other side to control investigation, defense, and settlement, and cooperate with those efforts. Both sides agree that if they fail to give notice of any covered claim quickly, indemnification will not cover amounts that could have been defended against or mitigated if notice had been given quickly. Both sides agree that if they take control of the defense and settlement of any covered claim, they will not agree to any settlements that admit fault or impose obligations on the other side without their signed, written permission.
(f) If the creator or the licensee receives written notice of a claim that the product infringes any intellectual property right or breaks any law, or creator reasonably anticipates a claim of that kind:

(i) The creator may provide the licensee a new version of the product that no longer infringes or breaks the law. That new version will be covered by this agreement. The licensee will not pay any additional fee for the new version.
(ii) If the problem is infringement, the creator may get licenses for the licensee so that the licensee’s use of the product no longer infringes.
(iii) If the problem is illegality, the creator may get the approvals, licenses, or other requirements needed to abide by the law.

13. General Contract Terms

(a) Notices. Both sides agree to give notice under this agreement, the side giving notice must send by e-mail, or to a different address given later for notices going forward, in the English language. If either side finds that e-mail can’t be delivered to the e-mail address given, the sender may give notice by registered mail to the address on file for the recipient with the state under whose laws it is organized.
(b) Governing Law. This agreement will be governed by the law of the jurisdiction of the address the creator gives with its signature.
(c) No CISG. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this agreement.
(d) No UCITA. As far as the law allows, the Uniform Computer Information Transactions Act will not apply to this agreement.
(e) Dispute Resolution. The parties agree to try to resolve any dispute related to this agreement through mediation led by a neutral third party. Only if that fails will they bring a lawsuit.
(f) Enforcement. Only the parties may enforce rights under this agreement.
(g) Forum for Disputes. Both sides agree to bring any lawsuits related to this agreement in courts in the capital of the jurisdiction whose laws govern this agreement. Both sides consent to the exclusive jurisdiction of those courts and waive any objection that they would be an inconvenient forum for a lawsuit. Both sides agree that the other side can enforce judgments from those courts in other jurisdictions.
(h) Only Terms. Both sides intend the terms of this agreement, together with the order, as the final, complete, and only expression of their agreement about the product.

(i) Unenforceable Terms. If a court decides that any part of this agreement is invalid or unenforceable for any reason, and that enforcing the rest of this agreement would not defeat the purpose of this agreement, then rest of this agreement will still apply.

(j) Excuses. Neither side will be liable for any failure or delay meeting any obligation under this agreement caused by:

(i) failure of the other side or its personnel to meet their obligations under this agreement
(ii) actions done or delayed at the written request of the other side
(iii) fire, flood, earthquake, and other natural disasters
(iv) declared and undeclared wars, acts of terrorism, sabotage, riots, civil disorder, rebellions, and revolutions
(v) extraordinary malfunction of Internet infrastructure, data centers, or communication utilities
(vi) government actions taken in response to any of these causes

(k) No Delegation. Neither side may delegate any performance under this agreement. Any attempt to delegate will have no legal effect.