Terms and Conditions Ultimaker Essentials – Early Access

These terms and conditions (Terms and Conditions) were last updated on 30 June 2020.

Welcome to Ultimaker Essentials – Early Access! Ultimaker (Ultimaker or we) is very excited about the enterprise grade solution that Ultimaker Essentials will provide and Ultimaker Essentials – Early Access is the beta version of such a solution. These Terms and Conditions apply to your use of Ultimaker Essentials – Early Access. If you are located in the United States, these Terms and Conditions are between you and Ultimaker USA, Inc. If you located anywhere else in the world, these Terms and Conditions are between you and Ultimaker B.V. In these Terms and Conditions “Ultimaker” will mean the respective entity that applies to you. This applies regardless of which Ultimaker entity owns or operates (the respective part of) Ultimaker Essentials – Early Access. Please read these Terms and Conditions before starting with Ultimaker Essentials – Early Access. These Terms and Conditions include Ultimaker’s privacy policy (as can be found on Ultimaker’s website) . In our privacy policy we describe how we collect and process your personal data. We also note that access to the platform is granted through your account with account.ultimaker.com (Your Ultimaker Account) in respect of which separate terms of use apply. In addition, content on the Ultimaker 3D Printing Academy is made available to you as part of Ultimaker Essentials - Early Access for which separate terms of use apply. In the event of any discrepancy between specific terms and conditions and these Terms and Conditions, these Terms and Conditions shall prevail.

You means the entity you represent in accepting these Terms and Conditions, or if that does not apply, you individually. If you are accepting these Terms and Conditions on behalf of a legal entity, you represent and warrant that you have the authority to bind such entity and its affiliates to these Terms and Conditions and that you have read and agree to these Terms and Conditions. If you do not have such authority, do not click “I agree”. If you use an email address of your employer or another entity, you will be deemed to represent such party and by clicking “I agree” you will bind such party to these Terms and Conditions. These Terms and Conditions do not have to be signed in order to be binding. By using Ultimaker Essentials – Early Access or by clicking or checking a box indicating your acceptance of these Terms and Conditions, you accept and agree that you are bound by these Terms and Conditions. If you do not agree to these Terms and Conditions and the other terms referred to above, you may not use Ultimaker Essentials – Early Access.

If you have accepted these Terms and Conditions as an administrator for your employer or other entity, you may deploy Ultimaker Essentials – Early Access within your organization, subject to these Terms and Conditions. You will ensure that all other users within your organization will comply with these Terms and Conditions.

Ultimaker reserves the right to change these Terms and Conditions without prior written notice at any time. You will be asked to agree to such new terms. By continuing to access Ultimaker Essentials – Early Access after such a change has been implemented or by clicking or checking a box indicating your acceptance of or agreement with such changes, you accept and agree to such changes. If you do not accept the new Terms and Conditions, you may no longer use Ultimaker Essentials – Early Access.

1. Early Access

Ultimaker Essentials - Early Access is offered as a beta version in order to provide you with the opportunity to be one of the first customers to try Ultimaker’s first enterprise grade software solution. During the period in which Ultimaker Essentials – Early Access is available, Ultimaker will further develop, optimize and fine-tune features of Ultimaker Essentials, in order to prepare for the official launch of the Ultimaker Essentials. Ultimaker makes reasonable efforts to deliver you a stable product, but as part of the Ultimaker Essential – Early Access phase, disruptions may occur. For the avoidance of doubt, under no circumstances will Ultimaker be liable to you in respect of Ultimaker Essentials – Early Access.

You acknowledge and agree that Ultimaker Essentials – Early Access is still under development. It may contain bugs, errors, or other problems that could cause product failures. By participating in Ultimaker Essentials – Early Access you agree that it is solely your responsibility to determine if Ultimaker Essentials – Early Access provides you with the features you desire and your use of Ultimaker Essentials – Early Access is entirely at your own risk. You cannot derive any rights from Ultimaker Essentials – Early Access. We may ask you to provide feedback to Ultimaker regarding Ultimaker Essentials – Early Access and your experience in using it. If you decide to provide feedback, such feedback collected during this period will only be used in anonymous form. By providing us with your feedback, you agree that Ultimaker may use your feedback, without restriction and without compensation due, for any purpose and to the extent required, you hereby grant a worldwide, royalty-free, non-exclusive, perpetual and irrevocable license to Ultimaker to use, copy, modify or otherwise exploit such feedback.

You are not allowed to exploit Ultimaker Essentials – Early Access in any way on your own behalf, regardless whether this is for a commercial or non-commercial purpose. In addition, you are not allowed to transfer, sub-license, share or use Ultimaker Essentials – Early Access in any other way than as provided for in these Terms and Conditions, unless you have obtained our prior written consent.

2. Duration

Ultimaker Essentials – Early Access is offered to you for a limited period only and will end on 1 November 2020 without any notice being required or any other date as may be communicated to you. Prior to this date, Ultimaker Essentials will become available and will be offered to you subject to the terms and conditions applicable to Ultimaker Essentials. Ultimaker Essentials will be a paid solution. Ultimaker will share further information on the product proposition of Ultimaker Essentials once it is available. If you decide not to subscribe for Ultimaker Essentials, you will no longer have access to Ultimaker Essentials – Early Access after the date set out above, including the link to download the latest version of Ultimaker Essentials – Early Access, support documentation and support ticketing system of Ultimaker Essentials – Early Access.

Ultimaker has discretion in enforcing these Terms and Conditions. We may terminate or suspend your use of Ultimaker Essentials – Early Access at any time, with or without notice for any violation of these Terms and Conditions, for unexpected technical reasons or if we suspect that you engage in illegal activities. Upon such termination we may prevent you from further access to Ultimaker Essentials – Early Access. You agree that Ultimaker is not liable to you or any third party for blocking your access to the Ultimaker Essentials – Early Access.

3. Support

During the period that Ultimaker Essentials - Early Access is available, Ultimaker will provide direct Ultimaker Essentials – Early Access IT support. A dedicated page will be provided with full support documentation and a ticketing system for all Ultimaker Essentials – Early Access related questions. Ultimaker will strive to respond as quickly as possible during CET working hours, Monday to Friday, from 9am to 5pm, regardless of your location. Support will only be provided in English. All questions that are not related to Ultimaker Essentials – Early Access will go through Ultimaker’s regular channel network.

We will answer your support requests as soon as reasonably possible based on availability. As Ultimaker Essentials – Early Access is offered to you free of charge, we do not give you any commitment or guarantee in this respect.

4. Cura License

Ultimaker Cura Enterprise is part of Ultimaker Essentials – Early Access, which is based on Ultimaker Cura which is released under the terms of LGPL3 or higher. These license terms form an integral part of these Terms and Conditions and by accepting these Terms and Conditions, you also accept and agree to such license terms.

5. Account

When registering for Ultimaker Essentials – Early Access, you agree that you will (i) provide true, accurate, current and complete information as prompted by the registration form and (ii) maintain and promptly update such information when applicable to ensure that such information is always true, accurate, current and complete. As part of Ultimaker Essentials – Early Access, an e-learning plan for IT administrators is offered. To access such learning plan, you need to log in to Ultimaker 3D Printing Academy with Your Ultimaker Account. This clause also applies to the use of Your Ultimaker Account within the Ultimaker 3D Printing Academy environment.

You are fully responsible for Your Ultimaker Account and any and all activities associated with Your Ultimaker Account when using Ultimaker Essentials – Early Access, including but not limited to any harm or damage (to us or anyone else) caused by a person who used Your Ultimaker Account without authorization. Keep your password safe and confidential and take appropriate measures to safeguard Your Ultimaker Account.

You may not share Your Ultimaker Account log in details with any other person or let any other person use your login details to access Ultimaker Essentials – Early Access. In the event you know or suspect that any other person is using Your Ultimaker Account, you must notify us immediately through [email protected] We may request some information from you to confirm that you are the owner of Your Ultimaker Account.

6. IT administrator learning plan

As part of Ultimaker Essentials – Early Access, a learning plan for the IT administrator within your organization is offered. Ultimaker hereby grants you a non-exclusive, non-transferable and limited license to access and view the learning plan and the content reflected therein, solely for personal and educational purposes and in accordance with the terms and restrictions set out herein and the terms and conditions applicable to the Ultimaker 3D Printing Academy.

Using the learning plan in operating your Ultimaker printer is at your sole risk and responsibility. In the event that you notice a discrepancy between the functionality of the Ultimaker printer you use and the functionality of the Ultimaker printer as set out in the learning plan, please let us know through [email protected]

7. Acceptable use

When using Ultimaker Essentials – Early Access, you will not: (i) defame, abuse, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as rights of privacy, publicity and intellectual property) of others or Ultimaker; (ii) publish, ship, distribute or disseminate any harmful, inappropriate, profane, vulgar, infringing, obscene, false, fraudulent, tortious, indecent, unlawful, immoral or otherwise objectionable material or information (including any unsolicited commercial communications); (iii) publish, ship, distribute or disseminate material or information that encourages conduct that constitutes a criminal offense; (iv) misrepresent or in any other way falsely identify your identity or affiliation, including through impersonation or altering any technical information in communications using the Ultimaker Essentials – Early Access; (v) knowingly transmit or upload any material through Ultimaker Essentials – Early Access containing viruses, Trojan horses, worms, time bombs, cancelbots or any other programs with the intent or effect of damaging, destroying, disrupting or otherwise impairing Ultimaker’s or any other person’s or entity’s network, computer system or other equipment; (vi) interfere with or disrupt Ultimaker Essentials – Early Access, networks or servers connected to Ultimaker’s systems or violate the regulations, policies or procedures of such networks or servers, including unlawful or unauthorized altering of any of the information submitted through Ultimaker Essentials – Early Access, (vii) attempt to gain unauthorized access to Ultimaker Essentials – Early Access, other computer systems or networks using the same software applications as Ultimaker through any means; (viii) copy, modify or create derivative works or improvements of Ultimaker Essentials – Early Access and underlying software; (ix) except as allowed under the license terms of Ultimaker Cura as referred to in paragraph 4 above, reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source of Ultimaker Essentials – Early Access or underlying software in whole or in part; (x) bypass or breach any security device or protection used by Ultimaker Essentials – Early Access or use Ultimaker Essentials – Early Access other than through the use of then valid access credentials; (xi) use Ultimaker Essentials – Early Access for purposes of competitive analysis of Ultimaker Essentials – Early Access or the underlying software, the development, provision or use of a competing software service or product or any other purposes that is to Ultimaker’s detriment or commercial disadvantage; or (xiii) interfere with another party’s use of Ultimaker Essentials – Early Access or underlying software. Ultimaker reserves the right to monitor your use of Ultimaker Essentials – Early Access to ensure compliance with these Terms and Conditions.

You will also not use Ultimaker Essentials – Early Access from countries that are sanctioned by either the European Union and/or the United States nor act in any way in breach of sanction laws and regulations when using Ultimaker Essentials – Early Access. You will comply with all applicable laws and regulations when using Ultimaker Essentials – Early Access and you will not submit sensitive personal information during such use.

We may remove or edit inappropriate content or activity identified by or reported to us or suspend or terminate your access to Ultimaker Essentials – Early Access in the event of your non-compliance with these Terms and Conditions.

8. Intellectual property rights

All rights, title and interest in Ultimaker Essentials – Early Access, including but not limited to the available content and current and future applications are and will remain the exclusive property of Ultimaker. Ultimaker Essentials – Early Access is protected by copyright and trademark laws. You are not allowed to use the trademark “Ultimaker” or Ultimaker distinctive features for any purpose.

9. Security

Ultimaker has implemented numerous measures to safeguard the security of Ultimaker Essentials – Early Access, Your Ultimaker Account and related information. However, we cannot guarantee that unauthorized third parties will not be able to defeat such measures and therefore we do not give any warranty or guarantee to you in this respect. For more information, reference is made to the security statement on ultimaker.com.

10. No Warranty

You acknowledge that Ultimaker Essentials – Early Access is not a full product yet and that your access to Ultimaker Essentials – Early Access is at your sole risk and you will be solely responsible for any damage to your property or loss of data as a result of the use of Ultimaker Essentials – Early Access. Ultimaker Essentials – Early Access is provided “as is”, without any warranties of any kind, whether express, implied or statutory, including but not limited to warranties of title, non-infringement or merchantability. No advice or information provided to you by Ultimaker shall create any warranty. We also make no representations or warranties about the suitability of Ultimaker Essentials – Early Access for your purposes.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ULTIMAKER BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS OR INTERRUPTION OF BUSINESS, INCURRED AS A RESULT OF YOUR USE OF ULTIMAKER ESSENTIALS – EARLY ACCESS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THIS LIMITATION OF LIABILITY DOES NOT APPLY IN CASE THE DAMAGES ARE CAUSED BY WILFUL MISCONDUCT OR GROSS NEGLIGENCE OF ULTIMAKER OR ITS MANAGERIAL STAFF (OPZET OF BEWUSTE ROEKELOOSHEID VAN ULTIMAKER OF DIENS BEDRIJFSLEIDING).

12. Indemnification

You will hold Ultimaker and its affiliates and their respective officers, directors and employees  harmless from anyclaim, proceeding, action or suit as a result of (i) your use of Ultimaker Essentials – Early Access and (ii) your violation of these Terms and Conditions or of any rights of a third party. You shall indemnify Ultimaker for all losses, damages, liabilities, all reasonable expenses and costs (including but not limited to attorneys’ fees) incurred by Ultimaker in any such claim, action, suit or proceeding.

13. Miscellaneous

In case part of these Terms and Conditions should be or become void or non-binding, the remaining part shall be binding. Ultimaker shall replace the void or non-binding part by provisions that are valid and binding and of which the consequences, given the contents and intention of these Terms and Conditions, approximate the consequences of the void or non-binding parts to the extent possible.

Even if we do not exercise our rights immediately or fail to exercise a right in one case, it doesn’t mean we waive any of our rights under these Terms and Conditions and we may decide to enforce them in the future.

The following sections shall survive the termination of these Terms and Conditions: section 8 (Intellectual property rights); section 10 (No Warranty), 11 (Limitation of liability), 12 (Indemnification) and 13 (Miscellaneous).

Any notice or other communication to be given hereunder will be in writing and given by registered mail or email (by us to the email associated with Your Ultimaker Account or by you through support.ultimaker.com).

You may not assign or transfer these Terms and Conditions (or the rights and licenses granted hereunder). We may assign these Terms and Conditions (or the rights and licenses granted hereunder) to any third party without restriction. Nothing in these Terms and Conditions confers any right rights for any third party. These Terms and Conditions are exclusively governed by either (i) Dutch law if these Terms and Conditions are between you and Ultimaker B.V. or (ii) the laws of the Commonwealth of Massachusetts if these Terms and Conditions are between you and Ultimaker USA, Inc., except for conflict of law principles which do not apply. The Vienna Convention on the International Sale of Goods is not applicable. Any dispute that may arise in connection with these Terms and Conditions, including any disputes with respect to its existence and validity, and/or your use of Ultimaker Essentials – Early Access shall be submitted exclusively to the jurisdiction of (i) the court of Amsterdam, the Netherlands if these Terms and Conditions are between you and Ultimaker B.V. or (ii) the competent courts of the Commonwealth of Massachusetts, if these Terms and Conditions are between you and Ultimaker USA, Inc.