Terms & Conditions

License agreement with the end user

GALAXY DIORAMA STL FILES — GALAXY DIORAMA LICENCE AGREEMENT

INTRODUCTION:

This site is not related to Lucasfilm LTD or The Walt Disney Company or other licensors. Each name, title, image or any other form belongs to its owners.

THIS HAS BEEN CLARIFIED:

This GALAXY DIORAMA STL FILES License Agreement (the “Agreement”) is a legal agreement between the buyer of an STL FILES  (“you”) and GALAXY DIORAMA, a trademark owned by Stefano Mondini (“Company”) regarding the use of the Company’s STL FILES made available by the Company in connection with this Agreement, which may include user documentation provided in “online” or electronic form, object code, interface declarations, assemblies and sample source code (the “STL FILES”). By clicking accept in the order process, you agree to the terms and conditions of this Agreement.

GRANTING OF A LICENCE

Subject to your compliance with the terms and conditions of this Agreement, Company grants you a limited, revocable, non-exclusive, non-transferable, non-transferable, royalty-free sublicense right and license worldwide for:

Install and use copies of the STL FILES on devices/computers owned or controlled by the user for the purpose of developing, creating audiovisual content or 3D prints for the realization of dioramas (“Content”);

Play and edit any source code included in the STL FILES as part of the Content; and

Reproduce the relevant and necessary components of the STL FILES (the “Distributable Code”) exclusively to incorporate the 3D model kit into the content.

SPECIFIC LICENSING TERMS FOR USE

STL FILES cannot be hosted on any corporate server. STL FILES are for individual use only. You agree that the use of the STL FILES will not exceed more than one (1) single user, nor will the STL FILES be used by any individual on behalf of any study, company and/or separate entity. You can use files on commercial projects while working as a freelancer hired by a studio. Use by a professional studio or more than one (1) individual user will constitute a breach of this End User License Agreement. 

See Restrictions below.

LIMITATIONS

Except as expressly provided herein, you may not and may not allow others to:

Create, design or develop anything other than Content, except to adapt STL FILES to the size of your printer’s print plan.

Decode or otherwise attempt to reconstruct, identify or discover any source code, ideas, techniques or algorithms underlying the STL FILES or in the Company’s current or future products and services (collectively, the “Company’s Products”)except to the extent and only to the extent that any such restriction is prohibited by applicable law or permitted by applicable law notwithstanding the above restriction, or to the extent permitted by the license terms governing the use of any open source software component included in the STL FILES;

Distribute, sell, rent, lend, offer on a service basis or sublicense any portion of the STL FILES to third parties, except as expressly provided herein and as necessary to distribute the Content;

Remove, obscure or alter any proprietary right or notice of confidentiality within the STL FILES or any software, documentation or other material contained in or supplied with it;

Create any software that prevents or degrades the interaction of applications developed by others with STL FILES or Company Products; or

Use STL FILES to create, develop or use any program or software that:

Contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere negatively, intercept or surreptitiously expropriate any system, data or personal information;

Limit the functionality of any software or hardware; or

If used in the manner intended, it violates any law, statute, ordinance or material regulation (including, but not limited to, laws and regulations governing export control, unfair competition, anti-discrimination or false advertising).

The STL FILES may only be used in relation to the uses provided for in this document.

MAINTENANCE

You will not receive any support service or subscription for STL FILES or any service from the Company in connection with STL FILES, except as expressly provided in this Agreement or as provided in an agreement made separately between you and the Company.

TRADEMARKS; ADVERTISING.

You may indicate that your Content is made with “GALAXY DIORAMA STL FILES”. You will include a reference to the Company’s Products and Company in any press release for the Company’s Content and Products and identify the Company as a supplier of the Company’s Products. However, you may not otherwise use “GALAXY DIORAMA” or any other trademark of the Company in connection with your Content or your company, or in any URL, product, service, name field or logo created by you, unless provided for in a separate agreement between you and the Company. You may not use the Company’s trademarks, whether registered or unregistered, in any way that implies that the Company approves or otherwise endorses the Content.

Use of the Company’s name under this Agreement does not create any right, title or interest in the name of the Company or in any trademark of the Company and in effect any goodwill arising from the exclusive use for the benefit of the Company.

INTELLECTUAL PROPERTY AND PROPERTY RIGHTS.

The Company shall retain ownership of all rights, titles and interests in the STL FILES and the Company’s Products, including but not limited to all copyrights and other intellectual property rights contained therein. Without limiting the above, the STL FILES are protected by the copyright laws of ITALY, the provisions of international treaties and other applicable laws. There are no implied licenses or other implied rights granted under this Agreement. All rights not expressly granted pursuant to this document are reserved to the Company. You may (but are not required to) provide feedback, comments and suggestions (collectively, “Feedback”) to the Company. You acknowledge that the STL FILES and Company Products contain valuable proprietary information and trade secrets and that unauthorized or improper use of the STL FILES and Company Products will cause irreparable damage to the Company and its licensors for the which the monetary damages would be inadequate and for which the Company and its licensees will be entitled to an immediate injunction. You hereby grant the Company a non-exclusive, perpetual, irrevocable, paid, transferable, sublicensable worldwide license based on all intellectual property rights that cover such Feedback to use, disseminate and exploit all these Feedback for any purpose.

You and your licensors own and retain ownership of all rights, title and interest in the Content, including but not limited to all copyrights and other intellectual property rights contained therein.

The Company reserves the right to highlight important users of the STL FILES for the company’s professional portfolio and website, and in galleries, design magazines and other media or exhibitions in order to recognize creative excellence or professional progress.

Nothing in this Agreement shall prevent the Company or its affiliates from legally developing, regardless of your Confidential Information, for themselves or for others, products or services that are competitive with the Content.

YOUR OBLIGATIONS AND GUARANTEES.

In addition to your other obligations under this Agreement, you warrant and agree that:

If you are an individual, you are at least 18 years of age and have the right and authority to enter into this Agreement on your behalf.

You will use the STL FILES only in accordance with all accompanying documentation, as expressly permitted by this Agreement under the applicable license, and your use of the STL FILES and marketing, the sale and distribution of your Content will be in accordance with all applicable laws and regulations and all Italian and local or foreign export and re-export restrictions applicable to the technology and documentation provided pursuant to this Agreement (including privacy and data security laws and regulations) and you will not develop any Content that would commit or facilitate the commission of an offence, or other unlawful, unlawful or illegal.

CONFIDENTIALITY.

You agree to maintain the confidentiality of all proprietary information received by you during or prior to entering into this Agreement, including, but not limited to, the STL FILES, which you should know to be confidential or owned according to the circumstances surrounding the disclosure, including, but not limited to, non-public technical and commercial information (“Confidential Information”) for a period of five (5) years after the termination of this Agreement. This section does not apply to publicly available or independently developed information. You agree not to use such Confidential Information for any purpose except as necessary to fulfill your obligations and exercise your rights under this Agreement. You will protect privacy and avoid unauthorized disclosure and use of the Company’

Notwithstanding any other provision of this Agreement, the Company shall be free to use for any purpose (including but not limited to use in the development, production, marketing and maintenance of the Company’s Products) the Residues (as defined below) resulting from accessing or working with your confidential information; provided that the Company maintains the confidentiality of Confidential Information as provided herein. The term “Remnant” means information in a non-material form that is stored in memory unassisted by persons who have had legitimate access to Confidential Information, including, but not limited to, ideas, concepts, know-howhow or the techniques contained therein. The Company shall have no obligation to limit or limit the work assignments of any of its employees.

INDEMNIFICATION.

You agree to defend, indemnify and indemnify the Company, and all its directors, officers, employees, affiliates or agents, from and against any claim, loss, damage, liability and other expenses (including attorney’s fees), arising from the use, modification, and distribution of the STL FILES and/or the Content or breach of this Agreement.

DURATION AND TERMINATION.

This Agreement will continue as long as you comply with the terms specified herein or until we otherwise terminate it. Unless you have prepaid the STL FILES, you and the Company may terminate this Agreement for any reason at any time. You agree, upon termination, to destroy all copies of the STL FILES in your possession or control. The Confidentiality, Indemnification, No Warranty, Limitation of Liability and General sections set forth in this Agreement will survive any termination of this Agreement.

GUARANTEE.

ALL STL FILES BEFORE BEING AVAILABLE ON THE STORE HAVE BEEN PRINTED AND TESTED BY THE COMPANY. THE PROTOTYPE WAS MADE USING THE PRUSA SLICER SOFTWARE AND THE ARTILLERY SIDEWINDER X1 3D PRINTER. THEREFORE, THE COMPANY DOES NOT RECOGNISE ANY PROBLEMS DUE TO THE USE OF OTHER TYPES OF SLICER OR 3D PRINTER SOFTWARE. THE COMPANY RESERVES THE RIGHT TO TEST ITS FILES WITH ANY OTHER SLICER SOFTWARE OR OTHER PRINTERS AND IS NOT REQUIRED TO REPORT THIS CHANGE IN RELATION TO THE FOREGOING.

 

LIMITATION OF LIABILITY.

THE TOTAL LIABILITY OF THE COMPANY AND ITS AFFILIATES AND LICENSEES UNDER THIS AGREEMENT FOR DAMAGES SHALL NOT EXCEED $100 IN TOTAL. Under no circumstances shall the company or its affiliates and licensees be liable in any way for incidental, consequential, indirect, special or punitive damages of any kind, including but not limited to: LOSS OF COMMERCIAL PROFITS OR LIABILITY OR INJURY TO THIRD PARTIES, FORESEEABLE OR NOT , REGARDLESS OF WHETHER THE COMPANY OR ITS SUBSIDIARIES AND LICENSEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Some jurisdictions do not allow limitations of liability for incidental or consequential damages, so the above exclusions may not apply to you.

GENERAL.

This Agreement is governed by the laws of Italy, without reference to the principles of conflict of laws. Any dispute between you and the Company regarding this Agreement shall be subject to the exclusive seat of the Italian State Courts.

This Agreement constitutes the entire agreement between you and the Company and supersedes any other communication or advertising relating to the STL FILES and documentation. If any provision of this Agreement is found to be invalid, the remainder of this Agreement shall continue to have full force and effect. Failure by either Party to apply any provision of this Agreement shall not be considered a waiver of this Agreement or any other provision of this Agreement.

SEPARABILITY’.

If any provision of this Agreement is deemed in whole or in part unenforceable for any reason, the remainder of this provision and the entire Agreement shall be severable and shall remain in force. Any failure by the Company to require the performance of any provision of this Agreement will not affect the Company’s right to require enforcement at any later time, No waiver of any breach or breach of this Agreement shall constitute a waiver of any subsequent breach or breach or waiver of this Agreement.

CORRESPONDENCE AND NOTICE.

If you have any questions about this Agreement, or if you would like to contact us for any reason, please direct all correspondence to hello@galaxydiorama.store. The address for communication to the Company pursuant to this Agreement is: Via 1 Maggio, 42, Gavardo, Brescia 25085 

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