IMPORTANT -- READ CAREFULLY: BY INSTALLING, DOWNLOADING, COPYING, ACCESSING OR OTHERWISE USING THE ULTIMAKER APP ("APP"), YOU AGREE TO BE BOUND BY THE TERMS OF THIS END-USER LICENSE AGREEMENT ("EULA"). BY DOWNLOADING THE APP FROM APPLE APP STORE OR GOOGLE PLAY STORE AND CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THE TERMS OF THE LICENSE WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL, COPY, DOWNLOAD, ACCESS OR USE THE APP.
Article 1: Ultimaker app
1.1 The App consists of an application which is authorized by Ultimaker B.V. ("Ultimaker"), established in Utrecht and registered with the Chamber of Commerce of the Netherlands (Kamer van Koophandel) under registration number 56793138.
1.2 The App enables you to connect to Ultimaker 3d printers within your local network. The App then allows you to make full use of Cura Connect f›or queuing and administrating your printer groups and to register the maintenance on your printers. The App also allows you to subscribe to notifications of a printer (group). Once a subscription is in place, notifications are sent from the printer to give updates on the progress of the print job.
1.4 The App consists of open-source software and the terms of an open-source license may override some of the terms of this EULA. A list of the open-source software and their terms are accessible through the App.
1.5 Dutch law will apply to the agreement between Ultimaker and you.
1.6 Ultimaker reserves the right at any time to modify or discontinue the App (or any party thereof) temporarily or permanently, with or without notice. Ultimaker reserves the right to change, limit usage of and charge for continued usage of the App. From time to time updates to the App may be issued through the Apple App store or Google Play Store. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms.
Article 2: licence restrictions
2.1 In consideration of you agreeing to abide by the terms of this EULA, Ultimaker grants you a non-transferable, non-exclusive license to download, access and use the App on your device.
2.2 You may download a copy of the App onto your device and view, use and display the App on your device. You may (a) install, use or permit the App to exist on more than one device at a time or on any other device; (b) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time;
Article 3: restrictions on use
3.1 You shall use the App strictly in accordance with this EULA. You may use the App: (a) only in connection with the use of Ultimaker 3D printers; (b) for private, business, educational and other purposes. The use of the App for resale purposes is excluded.
3.2 You may not (a) rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App; (b) make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other program; (c) disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing; (d) use the App to create any kind of application that is substantially similar to the App; (e) violate any applicable laws, rules or regulations in connection with the use of the App.
Article 4: intellectual property rights
4.1 You acknowledge that all intellectual property rights with regards to the App belong to Ultimaker or our licensors, that rights in the App are licensed and not sold to you, and that you have no rights in, or to the App other than the right to use the App in accordance with the terms of this EULA and the terms and conditions of the Apple App Store or Google Play Store.
4.2 Article 4.1 of this EULA does not include the intellectual property rights with regards to the title and content of print jobs requested by the user of the App. The intellectual property rights with regards to the title and content of the print jobs do and will not belong to Ultimaker.
Article 5: privacy
Article 6: no warranty
6.1 You acknowledge that the use of the App provided to you by Ultimaker and as to satisfactory, quality, performance and accuracy is at your sole risk. Ultimaker does not warrant against interference with your use of the App, that the operation of the App will be uninterrupted or error-free, or that defects in the App will be corrected. No oral or written information or advice given by Ultimaker or our authorised representative shall create a warranty. Should the App prove defective, you are responsible for the costs made for all necessary servicing, repair or correction.
6.2 The App is provided "as is" and “as available”, with all faults and without warranty of any kind. Ultimaker hereby disclaims all warranties and conditions with respect to the App either express or implied, including, but not limited to, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy and of infringement of third party rights.
Article 7: disclaimer of liability
7.1 You acknowledge that when you use the App for private, business, educational or any other purposes Ultimaker has no liability to you for any indirect or direct damages arising out of the use of or inability to use the App, regardless of the basis of the claim.
7.2 You acknowledge that when you use the App Ultimaker has no liability to you for any indirect or direct damages for loss of profit, loss of business, business interruption, or loss of business opportunity, whether foreseeable of unforeseeable, arising out of the use of or inability to use the App, regardless of the basis of the claim. Ultimaker shall not be liable to you or to any third party for any modification, suspension or discontinuance of the App.
7.3 You acknowledge that Ultimaker has no liability to you for damages or loss you may incur as a result of unauthorized access or use of the App downloaded on your device and the information you provided to the App.
7.4 You acknowledge that Ultimaker has no liability to you for indirect or direct damages for loss of access to the App for technical reasons or loss of your device.
7.5 You acknowledge that Ultimaker has no liability to you for any indirect of direct damages for loss of data, trade secrets, information with regards to products protected by intellectual property rights or any other kind of information provided by you to the App.
7.6 Our maximum aggregate liability under or in connection with this EULA, regardless of the basis of the claim, shall in all circumstances be limited to a maximum of the amount paid by the insurance company of Ultimaker.
Article 8: termination and changes of license
8.1 Ultimaker may change the EULA at any time. The most updated version of these terms are accessible in the App.
8.2 This EULA is effective until terminated. This EULA will terminate automatically without notice from Ultimaker or judicial resolution if you fail to comply with any provision of this EULA. Upon such expiration or termination you must destroy the App, all accompanying written materials, and all copies thereof.
8.3 Article 4, 5, 6 and 7 will survive any termination or cancellation of this EULA.