Terms & Conditions

Effective Date: 25th of May 2018

Welcome to the website and online service of 3D Control Systems, Inc. (“3D Control Systems,” “we,” or “us”).

By accessing or using the Service, or if applicable, by clicking “I ACCEPT,” you signify that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your information as set forth in the Privacy Policy, whether or not you are a registered user of our Service. IF YOU DO NOT AGREE TO THE THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. This Agreement applies to all visitors, users, and others who access the Service.

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3D Control Systems reserves the right, at its sole discretion, to alter or update these Terms of Use and/or the 3D Control Systems Service at any time with or without notice including, without limitations, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics. By continuing to use the 3D Control Systems Service after any such changes, you agree to be bound by subsequent changes and acknowledge that 3D Control Systems shall have no liability to you as a result of any such changes.

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This website and any variations or successors to this website (“3D Control Systems Site”) are owned by 3D Control Systems. Any 3D Control Systems computer software downloadable or otherwise available from the 3D Control Systems Site (“3D Control Systems Software”) is provided under these Terms of Use. Any 3D Control Systems Service purchased or otherwise provided from the 3D Control Systems Site are subject to the additional terms of any applicable services agreement. These Terms of Use apply to all Users of the 3D Control Systems Site, the 3D Control Systems Software and the 3D Control Systems Services (collectively, the “3D Control Systems Properties”).

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By using the 3D Control Systems Properties you agree to be bound by these Terms of Use. By using the 3D Control Systems Properties on behalf of an organization, you agree to be bound by these Terms of Use, bind that organization to these Terms of Use, and promise that you have the authority to bind that organization to the these Terms of Use. When using the 3D Control Systems Properties on behalf of an organization, “You” and “Your” will refer to that organization. If you do not agree to these Terms of Use, do not use the 3D Control Systems Properties.

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You may use the 3D Control Systems Properties solely for your non-commercial, personal use only. No part of the 3D Control Systems Properties, including any materials incorporated therein, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, service, website or other medium for publication or distribution or for any commercial enterprise, without 3D Control Systems’s express prior written consent.

Your use of the 3D Control Systems Properties is governed by these Terms of Use, our Privacy Policy, any applicable country specific terms, and the terms of your order or individual services. Your order or request for services may have additional terms that apply to the particular services in your order. When using the term “Agreement” in any of the order, 3D Control Systems services, privacy policy or other terms we are referring collectively to all of them, including any product specific terms that apply to the 3D Control Systems Properties.

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1. Definitions

  • “3D Control Systems Service” as used in these Terms of Use shall mean any 3D printing services that enables a User to (1) upload content to the 3D Control Systems Site, (2) list a manufacturing machine or service on the 3D Control Systems Site (3) print an object using the 3D Control Systems Site or (4) use 3D Control Systems Software in any manner.
  • “3D Control Systems Site” as used in these Terms of Use shall include but is not limited to any URL that begins with or includes “3dprinteros”, “3dcontrolsystems” or “cloud.3dprinteros.com”.
  • “3D Control Systems Software” as used in these Terms of Use shall mean any computer software downloadable, executable or otherwise available for use from the 3D Control Systems Site.
  • “3D Control Systems Properties” as used in these Terms of Use shall mean any one of or the collection of the 3D Control Systems Service, the 3D Control Systems Site and the 3D Control Systems Software.
  • “Content” as used in these Terms of Use shall mean any and all data and any intellectual property contained in such data uploaded, transmitted, or otherwise provided by You or Your agents, in connection with the Services.
  • “Contracts” as used in these Terms of Use shall mean any contract signed by both 3D Control Systems, Inc and customer.
  • “Prohibited Content” as used in these Terms of Use shall mean content that (i) promotes illegal activity, or provides instructions for illegal activity; (ii) exploits images or discloses personally identifiable information of children under eighteen (18) years of age or otherwise harms minors in any way; (iii) You do not have the right to use for the purposes of the Services, including to Content that You do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships including but not limited to inside information and confidential information learned or disclosed as part of employment or agency relationships or pursuant to nondisclosure agreements; (iv) is unlawful, harmful, threatening, abusive, violent, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful or racially, sexually, ethnically or otherwise objectionable; (v) infringes the intellectual property or proprietary rights of any third party or contributes to inducing or facilitating such infringement.; (vi) directly or indirectly is used for “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other like form of solicitation; (vii) contains any malicious or invasive software, or that could diminish the quality of, interfere with the performance of, or impair the functionality of the 3D Control Systems Service; or (viii) contains advertising, offers for sale, or sells any item You are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law, or advertising, offers for sale, or sales any of the following items: Any firearms, explosives, or weapons; any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants; any alcoholic beverages; any tobacco products for human consumption, including, without limitation, cigarettes and cigars, any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature; any controlled substances or pharmaceuticals; any items that are counterfeit or stolen; any dangerous items; any goods or services that do not, in fact, exist; any registered or unregistered securities; any items that violate or infringe the rights of other parties; any items that You do not have the legal right to sell; any items where doing so through 3D Control Systems Properties would cause 3D Control Systems to violate any law.
  • “User” as used in these Terms of Use means any person or entity that uses the 3D Control Systems Properties or any person or entity that provides the requisite authority for another person or entity to use the 3D Control Systems Properties on its behalf.

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2. Use of Service

Eligibility

  • You may use the Service only if you can form a binding contract with 3D Control Systems, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by 3D Control Systems.

3D Control Systems Accounts

  • To use the Services, you must register for a 3D Control Systems account. Your 3D Control Systems account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a 3D Control Systems account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to 3D Control Systems with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. Accounts are registered solely to you personally and may not be sold, traded, gifted, or otherwise transferred at any time under any circumstances.
  • You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify 3D Control Systems immediately of any breach of security or unauthorized use of your account. 3D Control Systems will not be liable for any losses caused by any unauthorized use of your account.
  • You may control your User profile and how you interact with the Service by changing the settings in your “Profile Settings” page. By providing 3D Control Systems your email address you consent to our using the email address to send you administrative and service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you communication pursuant to our Privacy Policy.
  • You may cancel your account at any time by following the instructions on the Service. If you voluntarily cancel your account, or allow your account to lapse, you may reactivate that account at any time. We may permanently or temporarily terminate or suspend your account or any access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If 3D Control Systems has previously terminated your account for any reason, 3D Control Systems further reserves the right, in its sole discretion, to prohibit you from reactivating such accounts or creating a new account on the Service.

Service Rules

  • You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the 3D Control Systems servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
  • We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service.
  • You are solely responsible for your interactions with other 3D Control Systems Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. 3D Control Systems shall have no liability for your interactions with other Users, or for any User’s action or inaction.

Feedback

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Bond under any fiduciary or other obligation, and that we are free to use Feedback without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, 3D Control Systems does not waive any rights to use similar or related ideas previously known to 3D Control Systems, or developed by its employees, or obtained from sources other than you.

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3. Grant of Licenses; Scope of License; Restrictions

Grant of License

Subject to these Terms of Use and the terms and condition of the Contract(s), 3D Control Systems grants to You, during the Term specified herein, a non-exclusive, non-transferable, revocable, limited license, without right of sublicense, to access and use the 3D Control Systems Properties. You hereby grant 3D Control Systems a worldwide, royalty-free, non-exclusive, transferable (solely to 3D Control Systems’ Agents and Suppliers) license to perform such acts with respect to the Content solely as are reasonable in connection with provisioning the 3D Control Systems Services including, without limitation, the right to: (i) secure, transcode, encode, reproduce, host, cache, route, reformat, transmit, and analyze the Content and create algorithms and reports based on access to and use of the Content by Users; (ii) use, exhibit, broadcast, deliver, publish, publicly display, publicly perform, distribute, promote, copy, store, and/or reproduce (in any form) the Content on or through the Services; and (iii) utilize Content to test 3D Control Systems’ internal technologies and processes.

Scope of Use

You are solely responsible for all matters arising out of or in connection with the Content including, without limitation, ensuring that the Content does not include Prohibited Content. You are responsible for all Content (regardless of whether provided by You and/or by third parties) including without limitation for any damages that may result from errors or omissions, false or defamatory material, and/or material that is offensive, indecent, objectionable, infringing, and/or illegal. Under no circumstances will 3D Control Systems, its Agents or its Suppliers be liable in any way for Content or for any loss or damage of any kind incurred by You or any third party as a result of the use or publication of any Content posted, delivered, streamed, or otherwise transmitted via in or connection with the 3D Control Systems Service. Without limiting the foregoing, You acknowledge that neither 3D Control Systems nor its Agents or Suppliers will be responsible for preventing or identifying infringement of intellectual property rights or other violations associations with the Content, and that 3D Control Systems, its Agents and its Suppliers assume no responsibility to edit, review, or oversee Content submitted, uploaded, distributed, retrieved, viewed or transmitted in connection with use of the 3D Control Systems Service, and shall not be responsible for screening or monitoring for possible (i) infringement or enforcing Your rights or third party rights with respect to Content, (ii) unlawful, inappropriate or unpermitted use, (iii) libel, falsehoods, errors or omissions contained in Content, or (iv) noncompliance with FCC or other governmental laws and/or regulations. For any infringement or suspected infringement of intellectual property rights, You must immediately remove or stop use of the applicable Content in connection with the 3D Control Systems Properties. Without limiting the foregoing, You acknowledge that 3D Control Systems complies with the DMCA Notification Procedures available http://www.copyright.gov/legislation/dmca.pdf with respect to third party claims of infringement. Any third party products, content, services and/or links displayed on or through the 3D Control Systems Properties are not referrals or endorsements of any product, service or provider; any and all such offerings are displayed solely for convenience only. The 3D Control Systems Service may in some cases be permitted for use with third party components or services that may be subject to their own, separate license agreements or special pass-through terms, and You assume all risks and liabilities associated with the use of any such third party offerings. For clarity, nothing in this Section 3.2 diminishes 3D Control Systems’ obligations to You under these Terms of Use with respect to 3D Control Systems Software that is expressly stated as included within the 3D Control Systems Service, but instead relates to any access and/or use of third party products and/or services that You elect to utilize in connection with the 3D Control Systems Service, regardless of whether 3D Control Systems provides integration or other services at Your request in connection with enabling or utilizing third party products and/or services with the 3D Control Systems In no event will 3D Control Systems be responsible or liable for any failure or inability to access third party services, including without limitation that which is caused by changes to third party services (or portions thereof) that affect the use of the 3D Control Systems Service or otherwise.

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4. Automatic Updates

The 3D Control Systems Service consist of the most current versions thereof, including without limitation automatic general release updates to the 3D Control Systems Service such as bug fixes, patches, enhanced functions, and/or security related patches.  You agree to accept and/or migrate (as applicable) to any and all new versions of 3D Control Systems Service, or any portion thereof, that 3D Control Systems may implement and/or otherwise provide to You, and 3D Control Systems shall have no obligation to provide or support any prior versions of the 3D Control Systems Service or portions thereof.

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5. Term and Termination

You may stop using the 3D Control Systems Properties at any time. Upon termination or cessation of the 3D Control Systems Service, 3D Control Systems is not obligated to provide you with any additional services. 3D Control Systems reserves the right to suspend or end the 3D Control Systems Service or restrict use of the 3D Control Systems Properties at any time, with or without cause, and with or without notice. 3D Control Systems may suspend or terminate your use or access to the 3D Control Systems Properties if you are not complying with these Terms of Use, or if Your use of the 3D Control Systems Properties imposes legal liability or disrupts others’ use of the 3D Control Systems Properties in any. If 3D Control Systems suspends or terminates your use of any 3D Control Systems Properties, all fees incurred or payments due shall be immediately due and payable upon termination. 3D Control Systems may in its sole discretion suspend Your access to the 3D Control Systems Service (or any portion thereof) and/or terminate the Contract(s): (a) should You fail to comply with these Terms of Use; (b) based on any conduct that 3D Control Systems believes is or may be directly or indirectly harmful to other users, to 3D Control Systems or its suppliers; (c) based on any conduct that 3D Control Systems believes may be a violation of law, third party rights, and/or restrictions on Prohibited Content; and/or (d) in the event of any legal restriction imposed on You, 3D Control Systems, and/or its suppliers with respect to provision of the 3D Control Systems Service. 3D Control Systems’ right to suspend or terminate the 3D Control Systems Service as set forth in this Section shall not absolve You of any payment or indemnification obligations described herein or diminish any other right or remedy available to 3D Control Systems and/or its suppliers. Nothing herein shall be deemed a waiver of any claims that 3D Control Systems may have against You. All terms and conditions set forth herein that should by their nature survive termination (including without limitation all provisions relating to payment, intellectual property, ownership, and indemnification) in order to be given full effect shall continue in full force and effect after any expiration or termination of the 3D Control Systems Service.

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6. Title and Ownership

As between You and 3D Control Systems, You and Your suppliers and licensors own all right, title and interest in and to Content (excluding any content that might be provided by 3D Control Systems and/or its suppliers) including associated intellectual property rights under copyright, trademark and/or other applicable domestic and international laws. 3D Control Systems and its suppliers own all right, title and interest in and to the 3D Control Systems Properties including associated intellectual property rights under copyright, trade secret, patent, trademark and/or other applicable domestic and international laws. In no event shall the 3D Control Systems Service (or any portion thereof) or any that might be provided by 3D Control Systems and/or its suppliers be deemed sold or assigned to You. Any and all rights not expressly granted by 3D Control Systems are reserved to 3D Control Systems. 3D Control Systems is not required to accept unsolicited feedback. If You provide feedback about the 3D Control Systems Service to 3D Control Systems, 3D Control Systems shall own all rights in and to such feedback and any derivative technologies, methodologies, compilations and/or any other resultant uses based on or developed through or by using such feedback and You shall take all necessary actions that may be requested by 3D Control Systems to perfect 3D Control Systems’s rights in and to such feedback.

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7. Warranties

You represent and warrant that You are solely responsible and liable for: (a) obtaining all necessary consents, permissions, licenses, waivers and applicable intellectual property rights from any intellectual property owners, of any portion of the Content; (b) complying with all laws, rules and applicable regulations associated with obtaining, copying, transmitting storing or otherwise using the Content; (c) any Prohibited Content; and (d) abiding by these Terms of Use.

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8. Disclaimer of Warranties

3D Control Systems

MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE OF THE SUITABILITY OF THE 3D Control Systems Properties (OR ANY CONTENT) FOR YOUR PURPOSES, THAT THE USE OF THE 3D Control Systems SERVICE SHALL BE SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE 3D Control Systems SERVICE SHALL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD PARTY SERVICES, TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA. THE 3D Control Systems SERVICE, AND ANY CONTENT PROVIDED BY 3D Control Systems AND/OR ITS SUPPLIERS, ARE PROVIDED “AS IS” AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE 3D Control Systems SERVICE MAY BE SUBJECT TO INTERRUPTION, LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF INTERNET APPLICATIONS AND ELECTRONIC COMMUNICATIONS AND 3D Control Systems AND ITS SUPPLIERS ARE NOT RESPONSIBLE FOR ANY SUCH DELAYS, MISDELIVERY, UNTIMELY DELIVERY, DELIVERY FAILURES, OR ANY DAMAGES RESULTING THEREFROM AND/OR FROM EVENTS BEYOND 3D Control Systems’ REASONABLE CONTROL. THIS SECTION 8 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

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9. Limitation on LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (I) IN NO EVENT SHALL 3D Control Systems OR ITS AGENTS OR SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER INDIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, BUSINESS INTERRUPTION, OR LOSSES OF BUSINESS PROFITS, BUSINESS INFORMATION, GOODWILL, USE, DATA, OR ANY OTHER INTANGIBLE OR OTHER PECUNIARY LOSSES) ARISING OUT OF THE use of or inability to use the 3D Control Systems Properties, RETRIEVE THE CONTENT BY OR THROUGH THE 3D Control Systems SERVICE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (II) YOUR EXCLUSIVE REMEDY AND 3D Control Systems’ TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS COMBINED RELATING TO, ARISING OUT OF, IN CONNECTION WITH, OR INCIDENTAL TO THE 3D Control Systems SERVICE or Properties, THE CONTRACT(S) AND/OR THESE TERMS OF Use FOR ANY REASON SHALL BE LIMITED TO THE ACTUAL DIRECT DAMAGES INCURRED BY YOU UP TO THE GREATER OF THE FEES FOR USE OF THE 3D Control Systems SERVICE THAT YOU ACTUALLY PAID DIRECTLY TO 3D Control Systems IN THE TWELVE MONTH PERIOD PRECEDING THE FIRST SUCH CLAIM OR ONE THOUSAND U.S. DOLLARS ($1,000). YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL 3D Control Systems OR ITS AGENTS OR SUPPLIERS OR ANY OF THEIR SUCCESSORS IN INTEREST BE RESPONSIBLE NOR LIABLE FOR ANY DAMAGES BASED ON MISUSE OF AND/OR RELIANCE ON THE 3D Control Systems SERVICE or Properties AND/OR CONTENT THAT YOU MAY RECEIVE FROM 3D Control Systems OR ITS AGENTS OR SUPPLIERS BY OR THROUGH THE 3D Control Systems SERVICE. YOUR INSTALLATION, USE AND ACCESS OF THE 3D Control Systems SERVICE IS AT YOUR SOLE DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR DEVICE, SOFTWARE AND THE LOSS OF YOUR USER DATA THAT RESULTS FROM THE USE THEREOF. YOUR USER DATA and COntent MAY NOT BE AVAILABLE OR RESTORABLE IF (1) 3D Control Systems HAS NOT COMPLETED COPYING OR SYNCING YOUR USER DATA or content, (2) FOR FILES, FOLDERS OR DISK DRIVES THAT THE 3D Control Systems SERVICE DOes NOT AUTOMATICALLY BACKUP OR SYNC, YOU DO NOT MANUALLY SELECT THEM FOR BACKUP OR SYNCING OR YOU UNSELECT CERTAIN USER DATA or content FOR BACKUP OR SYNCING, (3) 3D Control Systems SERVERS OR NETWORK SERVICE IS UNABLE TO MAKE A CONNECTION WITH YOUR DEVICE, (4) YOU FAIL TO FOLLOW 3D Control Systems’S TECHNICAL REQUIREMENTS, AND DOCUMENTATION FOR UTILIZING THE BACKUP SERVICES, INCLUDING UPGRADING THE VERSION OF THE 3D Control Systems SERVICE AS REQUIRED, AND PERIODICALLY TESTING YOUR BACKUPS AND RESTORES, OR (8) YOU TERMINATE YOUR LICENSE OR FAIL TO RENEW YOUR SUBSCRIPTION TO THE 3D Control Systems SERVICE. THIS SECTION 9 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

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10. INDEMNIFICATION

You shall defend, indemnify and hold harmless 3D Control Systems and its agents and suppliers and their respective officers, employees, licensors, agents, and affiliates, and all successors in interest to the foregoing, from and against any and all third party claims, damages, costs and expenses (including reasonable attorneys’ fees and litigation expenses) relating to, arising out of, or in connection with the Content and/or Your use of and/or access to the 3D Control Systems Properties (which includes use of and/or access to the Services by Your employees, agents, affiliates, partners, customers and any Users ), including but not limited to claims relating to, arising out of, or in connection with Prohibited Content, and/or Your breach of any of these Terms of Use, the Privacy Policy, and/or other provisions of the Contract(s), including but not limited to any of the representations or warranties in connection with any of the foregoing.

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11. Compliance With Laws; Government Restricted Rights

The 3D Control Systems Service is of U.S. origin. You shall adhere to all applicable state, federal, local and international laws and treaties in all jurisdictions in which You use the 3D Control Systems Service, including, without limitation, all end-user, end-use and destination restrictions issued by U.S. and other governments and the U.S. Export Administration Act and its associated regulations. The 3D Control Systems Service is protected by copyright laws and international treaty provisions. You agree that the 3D Control Systems Service, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the 3D Control Systems Service, directly or indirectly, to any countries that are subject to USA export restrictions. If the 3D Control Systems Service is licensed for use by the United States or in the performance of a U.S. government prime contract or subcontract, You agree that the 3D Control Systems Service is delivered as a “commercial item,” as that term is defined at 48 C.F.R. 2.101, and more specifically shall be identified as “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, the 3D Control Systems Service and related documentation provided to U.S. Government end users is provisioned (a) only as a commercial end item and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Contractor/licensor is 3D Control Systems, Inc., 1355 Market Street, 3rd Floor San Francisco, CA 94123

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12. Publicity and Marketing

3D Control Systems shall be permitted to line-list you as a customer and use your standard logo for 3D Control Systems’ promotional and marketing use during the Term.

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13. Governing Law; Dispute Resolution

You understand and agree that the Terms of Use, shall be governed by the laws of the State of California as such laws apply to contracts between California residents performed entirely within California, without regard to conflict of law provisions. Any action or proceeding arising from or relating to these Terms of Use, may only be brought in the State and Federal courts located in San Francisco, California and each party irrevocably submits to such exclusive jurisdiction and venue.

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14. General Provisions

The Contract(s), including these Terms of Use, constitute the complete and exclusive agreements between You and 3D Control Systems with respect to its subject matter and supersedes any and all prior written or oral agreement or understanding relating to the same subject matter. In the event of any conflict between or among any Contract executed by both You and 3D Control Systems and these Terms of Use, the Contract shall control to the extent of such conflict and all other terms and conditions of each shall continue to remain in full force and effect. If any provision of a Contract, including without limitation these Terms of Use is held unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Notwithstanding anything to the contrary in these Terms of USe, if You procure the 3D Control Systems Service through one of 3D Control Systems’s Agents instead of directly from 3D Control Systems, then 3D Control Systems has no direct or indirect liability to You in connection with the 3D Control Systems Service or otherwise regardless of whether 3D Control Systems hosts the 3D Control Systems Service. You and 3D Control Systems are independent contractors and no joint venture, partnership, employment, agency or exclusive relationship exists between You and 3D Control Systems as a result of the Contract(s) and/or Your use of the 3D Control Systems Service as authorized thereunder. Any written notice required hereunder may be transmitted via email to the primary email contacts provided or other official email contacts available to a party if such email contacts are no longer relevant due to employee departure or otherwise. A Contract may only be modified by written amendment signed by authorized representatives of both You and 3D Control Systems. All waivers must be made in writing and the failure of You or 3D Control Systems to enforce any right or provision in a Contract or in these Terms of Use shall not constitute a waiver of such right or provision. Any waiver on one occasion shall not imply or constitute a waiver on any other occasion. 3D Control Systems shall not be responsible for any failure to perform, or delay in performing any of its obligations under a Contract or these Terms of Use to the extent that such a failure or delay results from force majeure causes beyond its control, such as acts of God or of the public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion, or the like. You may not transfer or assign these Terms of Use or any rights or obligations hereunder, directly or indirectly, by operation of law or otherwise, without the prior written consent of 3D Control Systems and any such assignment shall be null and void from the beginning. The Contract(s), including without limitation these Terms of Use, shall inure to the benefit of and be binding upon 3D Control Systems’ or Your respective permitted successors and assigns.

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15. Contacting 3D Control Systems

If You have any queries about the manner in which the 3D Control Systems Site is operated, the 3D Control Systems Service is provided, or how your personal information is used by 3D Control Systems, please contact us at info@3DControlSystems.com.