3D Printing Terms and Conditions
The Service provides you with mechanical drawings and other related materials (“Materials”) enabling you to make custom modifications or accessories for your phone, and to print them out on a 3D printer. The Materials are licensed to you under a Creative Commons Attribution-NonCommercial-ShareAlike copyright license (see http://creativecommons.org/licenses/by-nc-sa/3.0/) which allows you to copy, distribute and transmit the Materials, as well as make adaptions thereto under the following conditions:
- Attribution: You must attribute the work to Microsoft Mobile, including reference to the legal terms that apply to use of the Materials (http://developer.nokia.com/terms-and-conditions/3d-printing), but not in any way that suggests Microsoft Mobile endorses you or your use of the Materials;
- Noncommercial Use: You may not use the Materials for commercial purposes; and Share Alike: If you alter, transform, or build upon the Materials, you may distribute the resulting work only under the same or similar license to this one.
There are no implied licenses or other implied rights granted, and all rights, save for those expressly granted hereunder, will remain with Microsoft Mobile.
You agree to use only the recommended materials as specified in the 3D Printing wiki, and only in the recommended manner, when printing 3D materials. You acknowledge and agree that failure to use proper materials and processes can result in your phone not working properly or even breaking, and may void any warranty for the phone.
THE SERVICE IS PROVIDED BY MICROSOFT MOBILE “AS IS.” MICROSOFT MOBILE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE, INCLUDING THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT BY USING THE SERVICE YOUR PHONE WILL WORK PROPERLY, OR NOT OTHERWISE BE DAMAGED. YOU EXPRESSLY ACKNOWLEDGE THAT THE USE OF THIS SERVICE IS AT YOUR SOLE RISK. EXCEPT TO THE EXTENT PROHIBITED BY LAW, MICROSOFT MOBILE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, RELIABILITY, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
Limitations of Liability
EXCEPT FOR LIABILITY FOR DEATH OR PERSONAL INJURY OR DAMAGES CAUSED BY INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, MICROSOFT MOBILE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL OR OTHER DAMAGES, LOST PROFITS, BUSINESS REVENUE, GOODWILL, ANTICIPATED SAVINGS, OR DATA, CAUSED BY THE USE OF OR INABILITY TO USE THE SERVICE EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. MICROSOFT MOBILE’S LIABILITY IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE SERVICE IS HOSTED AND MADE AVAILABLE FROM FINLAND. IN THE EVENT YOU ACCESS THE SERVICE FROM OTHER JURISDICTIONS, YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH THE LOCAL LAW.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MICROSOFT MOBILE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ALL LIABILITIES, ASSESSMENTS, LOSSES, COSTS OR DAMAGES RESULTING FROM OR ARISING OUT OF: (I) YOUR BREACH OF THESE TERMS; AND (II) YOUR INFRINGEMENT OR VIOLATION OF ANY INTELLECTUAL PROPERTY, OTHER RIGHTS OR PRIVACY OF A THIRD PARTY.
Any notice you provide relating to the Service or these Terms must be in writing. You may provide such notice to Microsoft Mobile at the following address: 3D Printing Program, Keilaranta 7, 02150 Espoo, Finland.
If any court of law or tribunal, having the jurisdiction to decide on this matter, rules that any provision of the Terms are invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
Dispute Resolution; Governing Law
Except where prohibited by applicable law, these Terms will be governed by the laws of Finland without regard to its conflict of law provisions. Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, will be settled by arbitration under the Rules of Arbitration of the Finnish Central Chamber of Commerce. The arbitral tribunal will be composed of a sole arbitrator located in Helsinki, Finland in English. Nothing in this Agreement will limit Microsoft Mobile’s right to seek interim injunctive relief or to enforce an arbitration award in any court of law.