Extent of Licenses
- FabCafe shall grant limited non-exclusive licenses to use the Design Data to the Members and Others.
- FabCafe shall grant licenses to the Members and Others for them to use the Design Data to the extent described in the Precaution Statement and shall not transfer the Design Data or any rights concerning such Design Data to the Members and Others. FabCafe and / or the creators who granted licenses to FabCafe to use the Design Data shall reserve any rights concerning the Design Data and reserve any and all such rights implicitly granted to the Members and Others.
- The Members and Others shall have the right to use the Design Data pursuant to the terms and conditions of licenses called ‘creative commons LEGAL CODE’ as described in the following URL, under “Attribution-non profit-accession 3.0 Unported” of the Creative Commons Public License, Japanese Version (hereinafter referred to as the “CCPL”). In case there are any differences between the provisions of the CCPL and the Precaution Statement, the provisions of the CCPL shall prevail.
Prohibited / Limited Matters
- The Members and Others shall agree that the Design Data for Mac FAB (i.e. the corresponding website contains a statement “for Mac FAB”.) will not be used for any other purpose than use of laser fabrication of personal computers manufactured and sold by Apple Inc. (commonly called Mac products).
- Unless so licensed by FabCafe in advance and in writing (including emails; hereinafter the same), the Members and Others may not duplicate, adapt, alter or modify all or a part of the Design Data or create derivative works and shall agree that they shall not conduct such acts and shall not enable any other parties to conduct such acts.
- The Members and Others shall agree that they may not rent, lease, sell, distribute (including but not limited to online distribution using the internet), or create securities or sub-licenses over the Design Data, whether with or without charge and whether for commercial or non-commercial purpose.
Notwithstanding the provisions of the Precaution Statement, in case the Members and Others wish to use the Design Data as described in any of the following items, they shall separately apply for the same to FabCafe and shall obtain licenses in advance and in writing from FabCafe.
- In case they wish to commercialize the Design Data;
- In case they wish to have exclusive licenses over the Design Data;
- In case they wish to duplicate, alter or modify the Design Data or create derivative works;
- In any other cases separately designated by FabCafe.
- The Design Data may not be used (i) so that the reputation, credit or image of the owners of the copyrights over the Design Data would be prejudiced, (ii) so that such use may leave a negative impression, (iii) for any other illegal purpose or (iv) for the purpose of advertising and/or promotion incidental thereto.
- The Design Data may not be used for any purposes offensive to public order and morals.
- FabCafe may cancel the Individual Agreement without any prior notice if the Members and Others breach any provision of the Precaution Statement.
- The Members and Others shall cease to use any and all Design Data in the case that their Individual Agreement is cancelled by FabCafe. In such a case, the Members and Others shall destroy the Design Data pursuant to instructions given by FabCafe.
- Whatever the reason is, FabCafe shall bear no responsibilities at all concerning any damage which the Members and Others or any third parties suffer due to ceasing to use the Design Data or concerning any disputes between the Members and Others and any third parties.
Compensation for Damage
- If the Members and Others use the Design Data in violation of the Precaution Statement, the relevant Members and Others shall make a payment to FabCafe of an amount equivalent to three (3) times the normal license fee of the Design Data as a penalty.
- Notwithstanding the preceding paragraph, if the Members and Others breach any provision of the Precaution Statement, the Members and Others shall jointly and severally bear any and all responsibility including liability for damages incurred by FabCafe and any third party who suffered damages due to the relevant breach whether intentionally or negligently.