Sketchup CGtips: General Model License Agreement

© 2017 CGtips. All rights reserved.

By purchasing, downloading, or using any Model created by a third party developer or CGtips (as applicable, the “Developer”) and made available to you from Sketchup CGtips, you agree to the terms of this General Model License Agreement (“License Agreement”). “Model” means the individual, separate three-dimensional model of an object created, designed and developed by a Developer including related content and information about or included with the model and made available on CGtips’s SketchUp Sketchup CGtips (“Sketchup CGtips”).

1. License Grant

A. Limited License to Models
Subject to the provisions of this License Agreement (including, but not limited to, the license restrictions set forth below), the Developer grants you a limited, worldwide, royalty-free, non-transferable and non-exclusive license (without the right to sublicense) to download, reproduce, adapt, make derivative works based on, modify, publish, publicly display and perform, distribute, make, sell, offer to sell, import, and use Models for the uses expressly authorized below. Please see the Sketchup CGtips Terms of Use FAQs for examples of these authorized uses. If you desire to use the Models in a manner not expressly authorized in this License Agreement, you must submit a request to CGtips at [email protected] and receive CGtips’s prior written consent before doing so.

B. Authorized Uses
The license to the Models granted above is limited to:

i. Creating derivative works of Models (“Creations”), including by substantially modifying geometry, color, or other attributes of the Models, provided that if you upload any Creation to the Sketchup CGtips, you will be a Developer under the Sketchup CGtips Terms of Use and such Creation shall constitute a “Model” under the Terms of Use;
ii. Incorporating or including Models and Creations into a larger work or a deliverable for a third party (“Combined Work”), provided that the Combined Work includes substantial additional content to the original Model;
iii. Distributing Models, Creations, and Combined Works to third parties for your business purposes (including for commercial purposes);
vi. Making a reasonable number of copies of the Models, Creations, and Combined Works in connection with the above uses; and
v. Using the Models as CGtips may approve from time to time in its sole discretion.

2. License Restrictions

You may not, and you may not permit anyone else to:

remove, obscure or alter any product identification, proprietary, copyright, trademark or other notices contained in the Model or accessed in conjunction with or through the Model;
claim or misrepresent ownership of any Model which you did not create or develop;
use the Model in violation of any applicable laws or regulations or for any unlawful purpose;
sell, offer to sell, make or distribute any individual Model on a standalone basis, unless you are the Developer of such Model or otherwise authorized to do so by CGtips or the Developer;
use any Models, Creations or Combined Works in a manner that competes with Sketchup CGtips (including aggregating such content in another online warehouse or similar product or service); or
aggregate any content (including Models) obtained from Sketchup CGtips for redistribution, or use or distribute any content obtained from Sketchup CGtips in a mapping or geographic application or service, except as expressly authorized under this License Agreement.
You agree to prevent any unauthorized copying of the Models. You agree to adhere to any posted instructions, directions or limitations on usage and reproduction of Models. You will be responsible for any costs incurred by CGtips or any other party (including attorneys’ fees) as a result of your misuse of the Models.

3. Google Geolocated Models

Notwithstanding anything to the contrary in this License Agreement, if you are using a Google Geolocated Model, you are only licensed to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute and use such Model and you shall not use or incorporate such Model in any application, product, service, database or repository.“Google Geolocated Models” are Models Distributed through Sketchup CGtips by Google Inc. (or by CGtips on Google’s behalf) that constitute a 3D model of an object, building or other structure with a fixed location that is tagged or otherwise associated with the actual geolocation of such object, building or other structure.

4. Proprietary Rights

All Models are licensed, not sold and any reference in this License Agreement to selling or purchasing Models shall mean selling or purchasing a license. You acknowledge and agree that:

the Model contains proprietary and confidential information that is protected by applicable intellectual property and other laws; and
the applicable Developer owns all right, title and interest in and to the Model, including without limitation all Intellectual Property Rights therein.
Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

5. Termination of this License

You may terminate this License Agreement at any time by manually deleting the Model from your computer.

If you violate this License Agreement, your authorization and license to use the Model shall automatically terminate and you must immediately discontinue use of and destroy any downloaded Model.

Sections 2 (License Restrictions), 4 (Proprietary Rights), 6 (Warranty Disclaimer), 7 (Dangerous Activities) and 8 (Limitation of Liability) will survive any termination or expiration of this License Agreement.

6. Warranty Disclaimer

The Developer does not warrant that the Model is up-to-date, that the Model will meet your needs, that any defects or errors will be corrected, or that the Model is free of viruses or other harmful components. Your use of the Model is at your sole risk.

THE MODEL IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY BY THE DEVELOPER OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.

7. Dangerous Activities

The Model is not intended for use in the operation of nuclear facilities, life support systems, emergency communication, aircraft navigation or communication systems, air traffic control systems, technical building or structural design, power plant design or operation, or any other such activities in which the failure of the Model could lead to death, personal injury, or severe physical or environmental damages.

8. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE DEVELOPER SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE MODEL; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (iii) ANY OTHER MATTER RELATING TO THE MODEL. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS, IN NO EVENT WILL THE DEVELOPER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID FOR THE LICENSE TO THE MODEL.

9. U.S. Government Restricted Rights

Use, duplication or disclosure of Models, related documentation, and related computer software, computer software documentation, and technical data by the U.S. Government is subject to the restrictions set forth in this License Agreement, and as applicable, as provided in FAR 12.211 and 12.212, as amended, FAR 52.227-14 (ALT III) (May 2014), FAR 52.227-19 (DEC 2007), DFARS 227.7202-1(a) and (c) and 227.7202-3(a) (both effective 1995), DFARS 252.227-2013 (FEB 2014), DFARS 252.227-2014 (FEB 2014), and DFARS 252.227-7015 (FEB 2014).

10. Export Restrictions

The Model may be subject to export controls or restrictions by the United States or other countries or territories. You agree to:

comply with the requirements of the U.S. Department of Commerce (DOC) Export Administration Regulations (EAR) (see http://www.bis.doc.gov) and all applicable international, national, state, regional and local laws, and regulations, including without limitation any applicable import and use restrictions,
not export, or re-export, directly or indirectly, the Model to any country outlined in the EAR, nor to any person or entity on the DOC Denied Persons, Entities and Unverified Lists, the U.S. Department of State’s Debarred List, or on the U.S. Department of Treasury’s lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists,
not export, or re-export the Model to any military entity not approved under the EAR, or to any other entity for any military purpose, and
not license, sell, provide or distribute the Model for use in connection with chemical, biological, or nuclear weapons or missiles capable of delivering such weapons.

11. Governing Law

This License Agreement and all related actions and proceedings is governed by the laws of the state of residence of the Developer and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. The jurisdiction and venue for actions related to the subject matter of this License Agreement shall be the state and federal courts located in the county of residence of the Developer, and each party hereby submits to the personal jurisdiction of such courts.

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