War Times Journal
End User License Agreement
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This End User License Agreement, including all terms outlined within, is between You and WTJ and controls Your use of WTJ digital Product files and Printed Miniatures. By accepting the terms at checkout and downloading these digital files and/or taking shipment of these miniatures, you agree to be bound by the terms of this Agreement. If you do not agree, please do not finalize the product purchase.
1.0 Definitions
1.1 EULA. For purposes of this
End User License Agreement, "EULA" refers to the End User License Agreement in
its entirety.
1.2 WTJ. For purposes of this EULA, "WTJ" refers to The
War Times Journal (also known as War Times Journal) and its DBA ("Doing
business as") owner James C. Burbeck.
1.3 Buyer. For purposes of this
EULA, "Buyer" refers to you, the purchasing party, whether you are an
individual who shall be at least 18 years of age or a corporate entity.
1.4 Site. For purposes of this EULA, "Site" refers to the War Times Journal
website operated at the www.wtj.com domain and on related servers operated on
behalf of War Times Journal for the purpose of maintaining the domain's
presence on the Internet.
1.5 Store. For purposes of this EULA, "Store"
refers to that portion of the War Times Journal website which contains the
front-end links (also known as a catalog) that permit the Buyer to interface
with the Shopsite order system.
1.6 Shopsite. For purposes of this EULA,
"Shopsite" refers to the ecommerce software licensed by War Times Journal and
operated on computer servers on behalf of War Times Journal for the purpose of
product selection and purchase.
1.7 Product. For purposes of this EULA,
"Product" refers to the digital files to be employed for 3D fabrication sold by
War Times Journal.
1.8 Build/Built. For purposes of this EULA, "Build"
or "Built" refers to the fabrication of a digital Product file into a physical
form and to the resulting tangible item.
1.9 Printed Miniatures. For purposes of this EULA, "Printed Miniatures" refers to tangible models rendered into a physical form under guidance of WTJ, as intended for direct sale and mail shipment to Buyers.
2.0 Copyright
Ownership. WTJ retains all copyright ownership and control as author and
inventor. Purchase of any products or the use of Store features such as
customer registration does not transfer to Buyer any rights, interest,
ownership, entitlements or participation in said intellectual property rights.
WTJ reserves all rights not granted in this EULA, without exclusion or time
limit.
3.0 User License Grant. Subject to this EULA, WTJ
grants to the Buyer a nonexclusive, nonrefundable, royalty-free, license to use
the WTJ Product to reproduce it in physical form (i.e. - "Build") according to
the limitations outlined in the corresponding Private or Commercial license
category outlined below. WTJ licenses do not permit the redistribution or
sublicensing of WTJ Product digital files or use of likenesses in any computer
simulation, virtual environment, movie or game. WTJ digital Product files may
not be resold, redistributed, sublicensed or copied for purposes not expressly
permitted by the WTJ EULA. Removal of the WTJ copyright notice embedded in the
form of each Product file is prohibited.
a) File Conversion. WTJ digital
files may be converted to alternative file formats in order to assure import or
other related functional requirements of the machine or device within which the
product is intended to be Built. Said alternative format copies are subject to
the same licensing and copy restrictions as the original WTJ Product
file.
b) Contracting. The Buyer may contract with service bureaus or
other third parties (hereon referred to as the "Contractor") in order to have
WTJ Product files Built. The Buyer and Contractor are jointly responsible for
the Contractor's understanding of and conformance to the entire WTJ EULA noted
herein. A Contractor hired by the Buyer is obligated to answer any licensing
related queries presented to them by WTJ including - if not already declared -
the identification of the Buyer who contracted with them for fabrication of the
Builds in question. Failure to reply to WTJ EULA related questions may place
the Buyer and their partnering Contractor in breach of this EULA. Upon
completion of a Buyer's production contract or agreement, the Contractor must
delete all WTJ Product files from their computers and other digital media
storage.
3.1 Private User License. Files purchased with
the Private User's License may be Built five times per purchase quantity, for private
non-commercial use only. Failed or flawed attempts at fabrication do not count
toward the license total if the flawed Product Builds in question are destroyed
and discarded. Private User License Builds may not be resold for profit. A
private license user may not sell, transfer or otherwise redistribute WTJ
digital files to other individuals, parties or entities.
3.2
Commercial User License. Files purchased with the Commercial User
License may be Built for commercial profit in perpetuity without limits on
quantity. A commercial license user may not redistribute WTJ digital files to
other individuals, parties or entities.
3.2.1 Transferability. The
Commercial User License is transferable by the Buyer to another individual,
party or entity (Referred to hereon as the "Transferee"). Transfer of the
Commercial User License shall conform to the following steps:
a) Original
Buyer must pay a fee for transferring the commercial license(s) to the
Transferee. Cost of transfer is 1% of original value of license block in
question, or $20 USD, whichever is the smaller amount. See the Store's
WTJ Actions Page
to access the WTJ Commercial License Transfer order link to be used for
transfer payment. Payor shall provide Transferee contact information in the
Store shopping cart's Ordering Instructions box before submission of the
transfer payment.
b) Upon transfer of digital files (i.e. - The Product) to
the Transferee, the original Buyer must delete all Product digital files from
their computers and from other digital retrieval systems, RAID systems, cloud
storage, backup drives and related digital storage systems.
c) Original
Buyer is responsible for Transferee's understanding of and conformance to all
WTJ EULA terms noted herein. Each are liable for Transferee's compliance with
WTJ's EULA noted herein until such time that the Transferee contacts WTJ
directly via electronic mail or in writing with a declaration of intent to
conform to WTJ's EULA. Upon receipt by WTJ of the Transferee declaration, the
original Buyer is relieved of any obligation or liability relating to the
Transferee's conformance to the WTJ EULA.
3.3 Unauthorized
Use. The Buyer may not utilize WTJ Products in unauthorized manners.
Any unauthorized use will result in closure of the Buyer account (if any) and
may involve other actions or remedies which WTJ may undertake in order to
recover lost profits, damages to business or reputation and/or other factors or
actions which WTJ deems necessary.
3.3.1 Competition. The Buyer may not
employ, distribute or utilize WTJ Product files in any way that competes with
WTJ. Buyer may not sell or otherwise distribute Product files through websites,
forums, email lists, classifieds, 3D Model Clearinghouses or their related
infrastructure.
3.3.2 Similar Creations. Allowable commercial use of a
Product includes transformation of portions of a model while maintaining a
majority of the original Product's appearance. For example: A user may add
elements such as military masts in order to optimize builds, but the user may
not remove or otherwise isolate gun turrets and sell those as individual
elements.
3.3.3 Attribution. Buyer may not claim authorship of WTJ
Products. Buyer may not claim WTJ sponsorship or support when in fact, none has
been offered or contracted.
3.4 Termination. Any Buyer's
license is subject to termination in cases of reversal of charges for any
reason, chargebacks, acts of fraud or violation of the EULA noted
previously.
4.0 Website and Services.
4.1 Personal Data.
WTJ does not use Buyer personal data except that collected by default within
the software products required for operation of the Store, and that required
for communications with the Buyer relating to Store transactions. WTJ does not
knowingly share Buyer personal information with third parties, except as
required for resolution of customer support cases. WTJ does not accept
responsibility for information collected by contractors or contracted products
including, but not limited to, entities such as Shopsite Inc., Paypal Inc.,
ShipStation, Pitney Bowes and Lexiconn Internet Services.
4.2 Customer
Support. WTJ customer support is limited to verification that Buyer inquiries
directly related to each WTJ Store purchase transaction are fully resolved and
that the Product(s) in question are successfully downloaded and delivered to
the Buyer. WTJ does not now or in the future possess or represent any ability
to advise or offer support in the building, fabrication, processing,
conversion, editing of Product files, up to and including support in the use of
the aforementioned files in conjunction with any machines, devices, 3D printers
or related equipment.
5.0 Disclaimers
5.1 The WTJ Site
and its Products are provided "as-is", WTJ disclaims and denies any warranties
whether express or implied that the site must meet the Buyer's requirements, be
available on an error free basis or that the WTJ Site or Products will be
accurate, reliable, free of viruses or harmful code or safe to use. WTJ
Products are general representations of the vehicles, naval vessels, aircraft,
devices or machinery designs in question, said general representations or
measurements or accuracy thereof are not to scale and cannot be guaranteed to
load, install, build, print or otherwise be recreated without error.
5.2 WTJ assumes no responsibility, nor will it be liable for any damages as a
result of any computer viruses or malware that may infect the Buyer's computer
or other property occurring as a result of access to or use of WTJ
products.
5.3 To the maximum extent permitted by law, WTJ is not liable
for any direct, indirect, incidental, general or special damages arising as a
result of any association with WTJ Products, files, builds or other product
fabrication, this includes but is not limited to injury, loss of business
income, general funds or profits.
5.4 The Buyer agrees to hold WTJ
harmless from all claims made by any third party as a result of Buyer's use of
WTJ Products.
6.0 Choice of Law. This EULA will be governed
by California State Law. Any action or proceeding related to this agreement
must be brought in a state or federal court located in San Bernardino County,
California.
9.0 Printed Miniatures. WTJ retains all copyright ownership and control as author and inventor. Purchase of any Printed Miniatures or the use of Store features such as customer registration does not transfer to Buyer any rights, interest, ownership, entitlements or participation in said intellectual property rights.
9.1 Applicability. Sections 1.0, 2.0, 4.0, 5.0 and 6.0 of this EULA also applies to the all Printed Miniatures sold by WTJ, where applicable.
Enactment Date April 10, 2022
Enacted
by:
The War Times Journal
PO Box 3943
Apple Valley, CA
92307
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