HIVEWIRE 3D, LLC END USER LICENSE AND SELLER AGREEMENT
By purchasing, using, unzipping, installing, or storing this product You signify that You have read and agree to all the terms of the license agreement.
1. If You purchased this product via Your HiveWire 3D store account, You may have already been presented a EULA which may be newer than this one. That EULA will have been recorded in Your HiveWire 3D store account and is the EULA to which You have agreed and under which You may use this product.
2. If You are installing this product and have not been previously presented with a EULA via Your HiveWire 3D store account, then the EULA included with this product is the EULA to which You must agree and under which You may use this product.
AGREEMENT. THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU, HEREINAFTER ALSO REFERRED TO AS "YOU" OR "YOUR", AND HIVEWIRE 3D, LLC, HEREINAFTER ALSO REFERRED TO AS "THE COMPANY". BY OPENING THIS DATA PACKAGE OR USING THIS PRODUCT, YOU INDICATE YOUR COMPLETE AND UNCONDITIONAL ACCEPTANCE OF ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. THIS LICENSE AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT BETWEEN YOU AND the Company. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, YOU MAY RETURN THE UNOPENED DATA PACKAGE (WITH ALL ACCOMPANYING MATERIALS) AND A COPY OF YOUR INVOICE TO HIVEWIRE 3D FOR A FULL REFUND IN THE FORM OF IN-STORE CREDIT WITHIN THIRTY (30) DAYS FROM THE DATE OF PURCHASE. IN THE CASE OF SOFT GOODS (ELECTRONICALLY TRANSFERRED FILES) YOU MUST DELETE ANY COPIES FROM YOUR COMPUTER AND FROM ANY OTHER DEVICES THAT YOU HAVE ALLOWED THE FILES TO BE STORED ON.
1. "Content" refers to any material published at the Company including, but not limited to, 3D models, textures, brushes, plugins, motion files, collections, packages, materials, scripts, shapes, custom UI skins, tutorials, audio files, videos, images, and software.
2. "For Sale Content" includes all Content that requires a purchase of license rights, as distinguished from Content available for free download.
3. "Commercial License Content" refers to Content that requires the purchase of additional commercial license rights, as distinguished from "For Sale Content". Commercial License Content fees are made known to the User at the time of purchase and are recorded within the User HiveWire 3D store account. Any and all such Commercial License fees must be paid in order to be granted any of the rights listed herein regarding Commercial License Content.
4. "User" refers to any person who makes use of any portion of the Company website, products or services.
5. "Service" refers to the transmission, license, or purchase of Content to and from the Company via the Company Website, or any approved web portal either currently in existence or in the future.
6. "Valid Sale" refers to a sale of license rights in Content or other property via the Company, where the appropriate share of proceeds is received by a Seller who published the Content. Content For Sale via the Company which is returned is not an example of a Valid Sale.
7. "Seller" refers to the submitting individual or business who publishes Content at the Company.
8. "Derivative Content" refers to any content product that is created using any method that involves reverse engineering, decompiling, disassembling, modifying, or any other practice, either currently in existence or in the future, that results in a content product that is competitive in nature to the original content product from which is was derived or that circumvents the need for a user to obtain the original product in order to use said derivative.
YOUR USE OF THE WEBSITE OR SERVICE CONSTITUTES ACCEPTANCE OF THESE TERMS.
II. LICENSE AGREEMENT BETWEEN SELLER AND USER
A. License Grant for transmission of Content from Seller to User For any transmission of Content from a Seller to another User, whether the transmission was the result of a license or free download, the following terms apply unless more restrictive terms are specified in the area provided by the Company for custom license terms:
1. OWNERSHIP. Unless explicitly provided for in custom license terms set forth in the area provided by the Company and which must be subject to acceptance by User before or at the point of sale, the Seller retains, subject to any license agreement between the Seller and the Company, copyright in Content purchased or downloaded by any User via the Company. In using the Company systems and Website, You agree that any additional EULA, license, custom license, or Seller requirements inserted into Seller products in any area outside that explicitly provided by the Company are invalid, void ab initio, to be treated as invalid and without effect as they relate to those purchases.
2. VALID LICENSE. Any license rights relating to Content For Sale via the Company are contingent upon the transfer of money from the User to the Seller. All license rights terminate immediately and without notice if a sale is reversed for any reason.
3. RIGHTS GRANTED. The Seller grants to the User who either purchases license rights to For Sale Content via a Valid Sale, or downloads freely available Content submitted by the Seller, a non-exclusive, worldwide license in any medium now known or hereinafter invented to: (a) promote, publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes; and (b) use the name and likeness of any individuals represented in the Content only in connection with Your material. The User license to Content in this paragraph applies to standard For Sale Content. Any sale, posting, sharing or republication, including sale or distribution of Content is prohibited. For illustration, approved distribution or use of Free and Content includes, but is not limited to:
(i) as rendered imagery (still or moving).
(ii) as Content published within a book, poster, t-shirt or other item.
(iii) as part of the creation of a not-for-sale, not-for-distribution physical object such as a toy, doll, or model made strictly for personal use by the User.
The Seller grants to the User who either purchases license rights to Commercial License Content via a Valid Sale, or downloads freely available Commercial License Content submitted by the Seller, a non-exclusive, worldwide license in any medium now known or hereinafter invented to: (a) promote, publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes; and (b) use the name and likeness of any individuals represented in the Content only in connection with Your material. Such purchase will be clearly presented as an option available that the User may select either when adding the Product to their shopping cart or at some point during the checkout process. Purchase of Commercial License Content will be recorded in the User's store account by the Company. The User license to Content in this paragraph applies to Commercial License Content. Any sale, posting, sharing or republication, including sale or distribution of Commercial License Content is prohibited. For illustration, approved distribution or use of Commercial License Content includes, but is not limited to:
(i) as rendered imagery (still or moving).
(ii) as Content published within a book, poster, t-shirt or other item.
(iii) as part of the creation of a physical object such as a toy, doll, or model.
(iv) as purchased by a game’s creator(s) as part of a game if the Content is contained inside a proprietary format and displays inside the game during play, but not for users to re-package as goods distributed or sold inside a virtual world.
User understands and agrees that certain Content may contain third party copyrighted or trademarked material and will require additional licensing, permissions, releases, or rights clearance for any non-editorial use. User and their legal advisors should consider this and obtain such rights, if necessary, before purchasing, downloading or using any Content.
4. RIGHTS NOT GRANTED. Absent a written grant of rights greater than that contained in paragraph 3 above, all other rights or sub-divisions of rights generally included in copyright are excluded from this license and remain the property of Seller. User understands and agrees that User is prohibited from:
(a) resale or redistribution by the User of any Content obtained from the Company, whether For Sale or freely available for download, whether part of a Valid Sale or not, unless it is used as Commercial License Content as licensed above;
(b) any other distribution that would require a written grant of rights greater than that contained in paragraph 3 above. User understands that all other rights or sub-divisions of rights generally included in copyright are excluded from this license and remain the property of Seller.
(c) creation, resale or redistribution of Derivative Content based on any item available on any portion of the HiveWire 3D website(s), services, or any approved web portal either currently in existence or in the future.
You may (i) access, use, copy and modify the Content stored on such computers at such single location in the creation and presentation of animations and renderings which may require runtime access to the Content, and (ii) incorporate two dimensional images (including two dimensional images that simulate motion of three dimensional objects) derived from the Content in other works and publish, market, distribute, transfer, sell or sublicense such combined works; provided that You may not in any case: (a) separately publish, market, distribute, transfer, sell or sublicense any Content or any part thereof; or (b) publish, market, distribute, transfer, sell or sublicense renderings, animations, software applications, data or any other product from which any original Content, or any part thereof, or any substantially similar version of the original Content can be separately exported, extracted, or de-compiled into any re-distributable form or format. Subject to the foregoing limitations, and the rights, if any, of third parties in or to the objects represented by the Content, You may copy, distribute, and/or sell Your animations and renderings derived from the Content. All other rights with respect to the Content and their use are reserved to the Company (and its licensors).
III. LICENSE AGREEMENT BETWEEN SELLER AND THE COMPANY.
1. ROYALTY PAYMENTS & COMMISSIONS. Seller will be entitled to a royalty of 60% (unless otherwise specified) of all proceeds from the Valid Sale of Seller’s Content paid at least monthly. The remaining 40% of all proceeds from Valid Sale’s is deducted by the Company as a commission. Seller hereby authorizes the Company to collect and distribute such royalties and commissions.
2. RIGHTS GRANTED. For any Sellers who provide the Company with any type of Content for free distribution or sale, the following terms apply:
Seller hereby grants to the Company, and by the act of delivering Content to us, grant an exclusive, worldwide license in any medium now known or hereinafter invented to: (a) reproduce, set prices for, sell, and distribute net proceeds from any sale, in whole or in part on Seller’s behalf; and to publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes; (b) create and use samples of the Content for the purpose of demonstrating or promoting Seller products or services or those of the Company; (c) use any trademarks, service marks or trade names incorporated in the Content in connection with Seller material; and (d) use the name and likeness of any individuals represented in the Content only in connection with Your material.
3. RESTRICTIONS OF LICENSE. The license rights in Section 2 do not grant the Company the right to modify licensed Content in any manner to create derivative works without prior written consent from the Seller.
4. CONFIDENTIAL MARKETPLACE & INFORMATION. As part of Seller’s participation in the Company, Seller may have access to certain reports, records, and other business information available only to Sellers. Such information is the confidential information of the Company and should be treated as confidential. Seller must not disclose such confidential information and must use reasonable physical and electronic security measures to safeguard such confidential information.
5. NON-DISCLOSURE. The Company agrees to treat the intellectual property of the Seller's Content with the same degree of confidentiality with which the Company protects its own proprietary products, data, and confidential information, if any such confidential material clearly marked "Confidential" by Seller, except for (a) data or confidential information generally available to the public without the Company's fault, (c) data or confidential information that was rightfully in the possession of the Company prior to this agreement, (d) data or confidential information that was lawfully disclosed to the Company by a third party not under any obligation to Seller with respect hereto, or (e) data or confidential information that is disclosed to a third party by the Company with Seller's prior approval. In order to be deemed confidential for purposes of this paragraph, Seller must label or otherwise visibly identify any such data or information as confidential or in connection with any delivery of the same to the Company.
6. OBLIGATION TO INFORM. Seller shall promptly inform the Company of (a) any infringement or alleged infringement of any Content, and (b) any claim, suit, or threat that may affect any Content or the Company's right hereunder.
7. RIGHT TO BRING AND DEFEND LAWSUITS. The Company shall have the right, but not the obligation, to bring, defend, control, and settle, in the Company's name any lawsuits and arbitrations relating to the Content and/or the licensed intellectual property.
8. COSTS AND EXPENSES. Seller shall pay all reasonable costs and expenses (including attorney's fees) incurred by the Company in connection with any sustained claim, litigation, or arbitration concerning Seller's ownership of, or rights to, any Content or licensed intellectual property, or the Company's rights granted hereunder. If Seller elects to assume primary responsibility for such litigation or arbitration, Seller shall pay all reasonable costs, expenses, and attorney's fees incurred therein, and shall consult the Company on all proceedings, strategies, and settlements pertaining thereto.
9. TERM AND TERMINATION. The term of the Agreement shall be perpetual, beginning on the effective date of this agreement. During the term, this Agreement can be terminated by either party by sending a written notice to the other party expressing the desire to terminate ten (10) business days in advance. In the case of a partial discontinuation, this agreement shall be deemed terminated only with respect to those particular licensed Content items discontinued by the Company and/or the Seller, and this agreement shall remain in full force and effect with respect to all licensed Content items not discontinued.The license grant contained in this agreement can be terminated using the guidelines below. The Company reserves the right, notwithstanding the guidelines below, to terminate this agreement at any time and without notice if any Content submitted violates the representations and warranties of paragraph six (6) below.
10. REPRESENTATIONS & WARRANTIES. Seller represents and warrants that: (a) the Content is the Seller's original work, and contains no copyrighted material of any kind that Seller is not the exclusive owner of, including but not limited to: music and/or synchronization rights, images (moving or still) of any kind, writings of any kind, and model clearances/releases; (b) Seller has full right and power to enter into and perform this agreement, and has secured all third party consents necessary to enter into this agreement; (c) the Content does not and will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights; (d) the Content does not and will not violate any law, statute, ordinance or regulation; (e) the Content is not and will not be defamatory, libelous, pornographic, obscene or evocative of racial hatred of any kind; (f) the Content does not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data; (g) the Content does not contain any material that, as a condition of use, requires additional license restrictions such as requiring the publication of source code or Content that limits commercial exploitation of Commercial License Content; and (h) all factual assertions that Seller has made and will make to us are true and complete. Seller agrees to execute and deliver documents to us, upon our reasonable request, that evidence or effectuate our rights under this agreement.
IV. GENERAL TERMS.
In addition to the above terms that apply to certain contexts, the following terms apply to all types of Content.
1. INFRINGEMENT WARRANTY. The Company warrants to the User that, to the best of its knowledge, the digital data comprising the Content do not infringe the rights, including patent, copyright and trade secret rights, of any third party, nor was the digital data unlawfully copied or misappropriated from digital data owned by any third party; provided, however, that the Company makes no representation or warranty with respect to infringement of any third party's rights in any image, trademarks, works of authorship or object depicted by such Content.
2. RETURNED CONTENT. In the event a User returns any Content, whether acquired by Valid Sale or freely available for download, all license rights granted herein terminate and the User must immediately destroy any and all copies contained on any type of media under the control or possession of the User.
3. OTHER RESTRICTIONS. This Agreement is Your proof of license to exercise the rights granted herein and must be retained by You. User shall not give, sell, rent, lease, sublicense, or otherwise transfer or dispose of the Content on a temporary or permanent basis without the prior written consent of the Company. The Company's Content and/or contracts are non-transferable and shall only be used by the Licensed User. User may not reverse engineer, de-compile, disassemble, retopologize, de-rez, or create derivative works from the Content, nor use the Content, or any derivation thereof, as a template mesh for creating Content. These restrictions do not pertain to rendered images or pre-rendered animations.
4. PROTECTION AND SECURITY. User agrees not to disclose, publish, release, transfer, or otherwise make available the Content, or any portion thereof, in any form, to any person, other than User's employees, without prior written consent from the Company. User agrees that the Content is the property of and proprietary to the Company, and further agrees to protect the Content and all parts thereof from unauthorized disclosure and use by its agents, employees, or customers. User shall be exclusively responsible for the selection, supervision, management, control, and use of the Content. User agrees to do all within their power to insure that their employees or any other user of the Content, complies with the terms and conditions of this Agreement. And User agrees to do all within their power to insure that their employees or any other user of the Content refrains from taking any steps, such as reverse assembly or reverse compilation, to derive a source code equivalent of the Content.
5. EXPORT RESTRICTIONS. The Content may be subject to the export controls of the United States Departments of State and Commerce and User agrees to fully comply with all applicable United States export regulations governing export, destination, ultimate end user, and other restrictions relating to the Content.
6. UNITED STATES GOVERNMENT RESTRICTED RIGHTS. If You are acquiring the Content on behalf of any unit or agency of the United States Government, the following provision applies-- It is acknowledged that the Content and the documentation were developed at private expense and that no part is in the public domain and that the Content and documentation are provided with restricted rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in Subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or Subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/Manufacturer is the Company, LLC, 3723 Wasatch Vista, Bluffdale, Utah 84065.
7. PATENT, COPYRIGHT, AND TRADE SECRET INDEMNITY. User agrees to indemnify and hold harmless the Company against all liability resulting from or related to any claim of patent or copyright infringement, misappropriation, or misuse of trade secrets or other proprietary rights based upon the use by User of the Content, or any portion thereof, in whatever form, or the exercise by User of any rights granted under this Agreement.
8. LIMITED WARRANTY. The Company warrants that the Content will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of receipt. Upon the return of the defective media and a copy of the invoice, the Company has the option to replace the media or refund the purchase price as in-store credit. In the event the Company elects to refund the purchase price, User's License is revoked and User warrants and agrees to return the Content to the Company and to destroy any and all copies made therefrom. In no event shall the Company's liability exceed the purchase price of the License of the Content. If the media was damaged by accident, abuse, or misapplication, the Company shall have no obligation to replace the media or refund the purchase price. All replacement media will be warranted for a like period of seven (7) days. There is no warranty after the expiration of the warranty period.
9. NO OTHER WARRANTIES. THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM USAGE OF TRADE OR COURSE OF DEALING OR PERFORMANCE, WITH RESPECT TO THE 3-D MODEL(S), AND THE ACCOMPANYING WRITTEN MATERIALS. IN NO EVENT SHALL THE COMPANY OR ITS DEALERS, DISTRIBUTORS, OFFICERS, AGENTS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL OR EQUITABLE GROUNDS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE 3-D MODEL(S), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. NO LIABILITY FOR HARDWARE. User assumes complete responsibility for all hardware used in conjunction with the Content. The Company shall not be responsible in any way for the non-performance or malfunction of any hardware used in conjunction with the Content, nor for any damages whatsoever arising out of the use of any hardware.
11. INDEMNIFICATION. User shall defend, indemnify, and hold the Company harmless from any actions, claims, or proceedings with respect to the Content or other provisions of this Agreement.
12. REMEDIES. The remedies provided herein shall not be deemed exclusive, but shall be cumulative and shall be in addition to all other remedies provided by law and equity. No delay or omission in the exercise of any remedy herein provided or otherwise available to the Company shall impair or affect the Company's right to exercise the same. An extension of indulgence or forbearance (which must be in writing) shall not otherwise alter or affect the Company's rights or obligations nor be deemed to be a waiver thereof. The parties hereto agree that breach of any provisions of non-disclosure, secrecy, confidentiality, copying, use, protection, and security in this Agreement by User will cause immediate and irreparable damage and injury to the Company. Each of the parties confirms that damages at law may be an inadequate remedy for breach or threatened breach of any such provisions. The parties agree that in such event the Company shall be entitled by right to an Injunction restraining the User from violating any of said provisions. User hereby acknowledges that the Company has disclosed or will disclose to User valuable proprietary data set products, which are new and unique and give the Company a competitive advantage in the marketplace; that the Company intends to use such information to expand its business throughout the world; and that a violation of any of the provisions of this Agreement is material and important and the Company shall, in addition to all other rights and remedies available hereunder, at law or otherwise, be entitled to a Temporary Restraining Order and an Injunction to be issued by any court of competent jurisdiction enjoining and restraining User from committing any violation of said provisions, and User shall consent to the issuance of such Injunction. User acknowledges that the remedies provided for in this Agreement are not injurious to nor violative of any public interest or policy, and will not create a hardship greater than is necessary to protect the interest of the Company.
13. GENERAL PROVISIONS.
a. Costs and Expenses of Enforcement. In the event of the failure of either party hereto to comply with any provisions of this Agreement, the defaulting party shall pay any and all costs and expenses, including reasonable attorneys' fees arising out of or resulting from such default (including any incurred in connection with any appeal), incurred by the injured party in enforcing its rights and remedies, whether such right or remedy is pursued by filing a lawsuit or otherwise.
b. Governing Law, Jurisdiction, and Venue. This Agreement is governed by the laws of the State of Utah. Jurisdiction and venue for the enforcement of this Agreement shall be found exclusively in the courts within Salt Lake County, State of Utah.
c. Further Information. Should you have any questions concerning any of the provisions of this Agreement, or if you desire to contact the Company, please write: HiveWire 3D, LLC, 3723 Wasatch Vista Drive, Bluffdale, Utah 84065. If you need technical support for a HiveWire 3D product, please submit your support request via our online support ticket system at:
d. Trademark and Copyright. All the Company products are trademarks or registered trademarks of HiveWire 3D, LLC All other brand and product names are trademark or registered trademark of their respective holders.
14. MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS. The Company reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or Your use of or access to them, with or without notice. The Company may also delete, or bar access to or use of, all related information and files. The Company will not be liable to You or any third-party for any modification, suspension, or termination of the Services, or loss of related information. The Company may amend these Terms at any time without notice, as all terms and conditions will be posted on this URL and should be consulted by You prior to use.
V. DISCLAIMER OF WARRANTIES.
YOUR USE OF THE WEBSITE, SERVICE AND THE COMPANY CONTENT ARE AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING THE INFORMATION, SERVICES AND CONTENT (AS DEFINED ABOVE), ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. THE COMPANY DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE OR CONTENT.
THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR USE OF CONTENT WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE OR WITH THE CONTENT WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE OR CONTENT WILL BE CORRECTED.
THE COMPANY MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED IN CONJUNCTION WITH ANY CONTENT PUBLISHED AT THE COMPANY. THE COMPANY WILL NOT BE LIABLE TO A MEMBER OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF EITHER THE COMPANY WEBSITE OR ANY CONTENT PUBLISHED AT THE COMPANY, WHETHER FRAMED AS A BREACH OF WARRANTY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE.
THE COMPANY DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF SPECIFICATIONS ASSOCIATED WITH THE CONTENT, INCLUDING BUT NOT LIMITED TO, MEASUREMENTS, WEIGHT, DURABILITY, STRENGTH, MATERIALS, GENERAL PHYSICAL PROPERTIES, GENERAL CHEMICAL PROPERTIES, REGULATORY COMPLIANCE, OR OTHER ENGINEERING OR CONSTRUCTION ATTRIBUTES.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE WEBSITE OR BY OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
VI. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY PARTIES SHALL NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE CONTENT OR WEBSITE, EVEN IF THE COMPANY PARTIES HAVE PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE CONTENT OR WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE CONTENT OR WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
HiveWire 3D, LLC - 2013
Contact HiveWire 3D, LLC:
HiveWire 3D, LLC
3723 Wasatch Vista Drive
Bluffdale, UT 84065
last updated on July 24, 2013