for TAKEOUT 3D Image Data
This license agreement for TAKEOUT 3D Image Data (hereinafter referred to as the “License Agreement”) stipulates the legal rights and obligations of the user and “TAKEOUT” for the “3D Image Data”, which is developed, sold, or distributed by TAKEOUT (hereinafter referred to as “TAKEOUT”). The TAKEOUT 3D Image Data is protected as a diagrammatic work in accordance with Article 4, Paragraph 1, Item 8 of the Copyright Act. The TAKEOUT 3D Image data can be duplicated or distributed within the scope necessary for that purpose in the case of “duplicating for a personal purpose in a limited place such as at home (except for a commercial purpose)”. Accordingly, the TAKEOUT 3D Image Data can be used only when an individual uses it for a non-commercial purpose to check the characteristics of a design.
Product License of the TAKEOUT 3D Image Data
- “TAKEOUT” gives users the right to use the “3D Image Data”. The “3D Image Data” refers to stereo lithography (STL), a 3D printing standard format provided after purchase. The right refers to the right to use the “3D Image Data” and it does not include ownership.
- The users refer to all entities, organizations, and institutions, including government, public institutions, businesses, educational institutions, non-profit organizations, and religious organizations, except for individuals. The users must acquire a license for using the TAKEOUT 3D Image Data.
- The scope of “3D Image Data” utilization is limited to the personal production of users.
- Users cannot transfer the license of the “3D Image Data” and may be punished by the Copyright Act when duplicating, modifying, renting, selling, or distributing the “3D Image Data”.
- Users can create a copy of the “3D Image Data” for backup or storage.
2. Copyright and Use Restrictions
- “TAKEOUT” holds the copyright for the “3D Image Data” product and all accessories included in the product, attached printed materials, and copies of the 3D Image Data. The right is protected by the Copyright Act of the Republic of Korea and international copyright conventions.
- Users must comply with the Copyright Act of the Republic of Korea, international copyright conventions, and other relevant laws and regulations. Users also shall not arbitrarily modify a portion or all of the “3D Image Data” (examples of modification: additional production, modification, and adaption of design, reverse design, and transformation to another digital format)
- Users must not arbitrarily distribute the duplication or copy of the “3D Image Data” and related outputs without prior approval of “TAKEOUT”.
- If a user infringes the copyright (e.g., personal rights and property rights) of “TAKEOUT”, including the preceding paragraph, to damage “TAKEOUT”, “TAKEOUT” can pursue criminal charges and file a claim against the user for the damage caused by the copyright infringement at the same time. “TAKEOUT” can file a civil suit against the user based on the violation of the License Agreement, even if a user does not infringe the copyright such as the violation of the scope and condition of 3D Image Data utilization, prescribed by “TAKEOUT”. The amount of damages is calculated based on the license fee including the 3D Image Data. Additional costs may incur in accordance with legal proceedings for copyright infringement.
3. Liability under Limited Warranty
Although “TAKEOUT” has developed and tested the “3D Image Data” up to the level that users can generally use the features and functions of the “3D Image Data” without difficulty, users may encounter problems depending on the special use environment, usage experience, and ability to use of the users. “TAKEOUT” does not hold responsible for those exceptional problems. Moreover, “TAKEOUT” is not responsible for any incidental or indirect damages, including business damages such as the loss of profit, business interruption, loss of business information, and pecuniary loss that are caused by not properly recognizing how to use it.
4. Limit of Indemnity
Even if a direct damage occurs to a user due to the utilization of the “3D Image Data”, the liability for damages of “TAKEOUT” will not exceed the purchase cost of the product regardless of the cause, type, or content of the loss.
5. Termination of Agreement
The “License Agreement” between “TAKEOUT” and the user is valid until the Agreement expires. If the user does not comply with the terms of this “License Agreement”, “TAKEOUT” may immediately terminate this “License Agreement” without notice. In this case, “TAKEOUT” may file a claim for damages against the user in addition to the termination of the Agreement.
6. Governing Law and Jurisdiction
The “License Agreement” is ruled by the laws of the Republic of Korea. All legal matters related to the use of the “3D Image Data” are under exclusive jurisdiction of the Central District Court in Seoul, the Republic of Korea.
7. Inquiries about the Agreement
For questions about the license and “License Agreement” of the “3D Image Data”, please make an inquiry to the contact below.