Part Designer Software License Agreement

Grant of License

Subject to the terms and conditions of this Agreement, BRICKLINK hereby grants to Licensee a non-exclusive, non-transferable license (without the right to sublicense) (i) to use the PART DESIGNER in accordance with, if any, the Documentation solely for purposes of internal testing and evaluation, and (ii) to copy PART DESIGNER for archival or backup purposes, provided that all titles and trademarks, copyright, and restricted rights notices are reproduced on such copies and provided that only one copy of the PART DESIGNER may be used at a time.

Restrictions on Grant

Except as otherwise specifically permitted in this Agreement, Licensee may not:

• modify or create any derivative works of any PART DESIGNER or documentation, including – without limitation – translation or localization;
• copy the PART DESIGNER except as provided in this Agreement or elsewhere by BRICKLINK;
• separate PART DESIGNER, which is licensed as a single product, into its component parts;
• reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for any Product of the PART DESIGNER (except to the extent applicable laws specifically prohibit such restriction);
• redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to any Software. Licensee may NOT transfer the PART DESIGNER under any circumstances;
• remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the BRICKLINK Product(s); or

PART DESIGNER Product Support

BRICKLINK is under no obligation i) to provide any technical support under the terms of this license, ii) to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop PART DESIGNER either to Licensee or to any other party, and iii) provides no assurance that any specific errors or discrepancies in the PART DESIGNER will be corrected.

Ownership and Copyright of User-Generated Content

By uploading any Licensee-generated content to bricklink.com website (“Site”), Licensee acknowledges that Licensee has read Terms of Service of the Site, understands it, and agrees with all of its terms and conditions. The applicable and most current version of the Terms of Service of the Site is at Licensee’s disposal on https://v2.bricklink.com/terms-of-service.

Term of this Agreement

This License is effective until terminated. Licensee may terminate this License at any time by destroying the Software and data. BRICKLINK can terminate this License if Licensee fails to comply with any provision of this License.

Disclaimer of Warranties

1. THE PART DESIGNER AND, IF ANY, DOCUMENTATION ARE LICENSED “AS IS”, AND BRICKLINK DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, USABILITY OR FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABLE QUALITY, TITLE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, TO THE EXTENT AUTHORIZED BY LAW.
2. WITHOUT LIMITATION OF THE FOREGOING, BRICKLINK EXPRESSLY DOES NOT WARRANT THAT THE PART DESIGNER WILL MEET LICENSEE’S REQUIREMENTS OR THAT OPERATION OF THE PART DESIGNER WILL BE UNINTERRUPTED OR ERROR FREE. THE PART DESIGNER IS BEING PROVIDED TO LICENSEE “AS IS” WITHOUT WARRANTY OF ANY KIND. LICENSEE ASSUMES ALL RESPONSIBILITY FOR SELECTING THE PART DESIGNER TO ACHIEVE ITS INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM ITS USE OF THE PART DESIGNER. LICENSEE SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE PART DESIGNER.
3. ANY DOWNLOAD AND USE OF THIS PART DESIGNER PROGRAM PRODUCT IS DONE AT THE LICENSEE’S OWN RISK AND THE LICENSEE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO – WITHOUT LIMITATION – ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. SHOULD IT PROVE DEFECTIVE, LICENSEE ASSUMES THE COST OF ALL NECESSARY SERVICING, REPAIR AND/OR CORRECTION. IT IS THEREFORE UP TO THE LICENSEE TO TAKE ADEQUATE PRECAUTION AGAINST POSSIBLE DAMAGES RESULTING FROM THIS PART DESIGNER SOFTWARE IN BETA TESTING SHOULD FOR EXAMPLE NOT BE USED ON SENSITIVE AND/OR VALUABLE DATA AND SHOULD NOT BE USED IN PRODUCTION SYSTEMS.

Limit of Liability

IN NO EVENT WILL BRICKLINK BE LIABLE TO LICENSEE OR ANY PARTY FOR – WITHOUT LIMITATION – ANY LOSS OF USE; INTERRUPTION OF BUSINESS; OR ANY DIRECT; INDIRECT; SPECIAL; INCIDENTAL; EXEMPLARY OR PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT; TORT (INCLUDING NEGLIGENCE); STRICT PRODUCT LIABILITY OR OTHERWISE; WHETHER ARISING OUT OF THE USE OR INABILITY TO USE THE PART DESIGNER (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY LICENSEE OR THIRD PARTIES OR A FAILURE OF THE PART DESIGNER TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF BRICKLINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Governing Law

This agreement together with all our policies are governed by and construed in accordance with the laws of the State of California without respect to its conflict of laws principles. In the event any legal action becomes necessary to enforce or interpret the terms of this Agreement, the parties agree that such action will be brought in the state or federal courts located in the State of California, and the parties hereby submit to the jurisdiction of said courts. If any provision of this agreement or policies shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Entire Agreement

This Agreement is a legal agreement and constitutes the complete and exclusive agreement between Licensee and BRICKLINK with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein. This Agreement may not be amended except in a writing duly signed by Licensee and an authorized representative of BRICKLINK.