LICENSE.md

Carbon API Technologies Terms of Use

The following Carbon API Technologies Terms of Use ("Terms") is a legal document you must follow and comply with when accessing or using the API Technologies (as defined below). The API Technologies are provided to you by Carbon, Inc., a Delaware corporation, and its affiliates ("Carbon" or "we" "our" or "us") as Early Access Technologies. As used in these Terms, "you" or "your" means the party who accesses or uses the API Technologies, and any company, entity, or organization on whose behalf that party is acting (the "Customer"). The "API Technologies" means: (i) any Carbon application programming interface(s) ("API(s)"), software, software development kits, code, tools, functions, features, products, and other developer services made available to you by Carbon that can be used to customize, automate, integrate with, import, or export data or functionality into or with the Carbon Products; (ii) any information, policies, documentation, guidelines, keys, additional terms, or specifications relating to or referencing the API Technologies, which are hereby incorporated into these Terms; (iii) content, data (including anonymous or aggregate data), and information (including Product Operation Data) that Carbon makes available to you through the APIs (collectively, "Operation Data"); and (iv) any credentials assigned to you, other Subscriber users and your API Client (defined in Section 3.1) by Carbon.

The API Technologies are provided for your use solely in accordance with any applicable documentation and solely in connection with Carbon's products and services ("Carbon Products") that you access and use pursuant to a valid Master Subscription Agreement or Purchase and Services Agreement between the Subscriber and Carbon or a Carbon Affiliate (including applicable addenda thereto, the "Product Agreement"). Your use of the API Technologies is subject to the Terms and any Early Access Technologies Addendum to your Product Agreement. Your use of the Carbon Products with the API Technologies is subject to and governed by the Product Agreement. Capitalized terms used but not defined in these Terms have the meanings given in the Product Agreement.

By accessing or using the API Technologies, you are agreeing to the terms below. If there is a conflict between these terms and additional terms applicable to a given API Technologies, the additional terms will control for that conflict.

1. Account and Registration

   a. Accepting the Terms

   You may not use the API Technologies and may not accept the Terms if (a) you are not of legal age to form a binding contract with Carbon, (b) you are a person barred from using or receiving the API Technologies under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the API Technologies, or (c) you are not an authorized user of a Carbon Product pursuant to a valid Product Agreement.

   b. Entity Level Acceptance

   If you are using the API Technologies on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to "you" in the Terms refer to that entity). You agree that we may share information related to your use of the API Technologies with the Subscriber, (b) additional terms may apply to your use of any applicable API, and (c) the Subscriber's administrator may be able to access (including view or modify your profile or Registration Information) or disable your access to the API Technologies without Carbon's involvement.

   c. Registration

   In order to access certain API Technologies, you may be required to provide certain information (such as identification or contact details) as part of the registration process for the API Technologies, or as part of your continued use of the API Technologies. Any registration information you give to Carbon will always be accurate and up to date and you'll inform us promptly of any updates.

   d. Subsidiaries and Affiliates

   Carbon has subsidiaries and affiliated legal entities around the world, the current list of which are set forth at https://carbon3d.print.carbon3d.com/carbonservices/affiliates.pdf. These companies may provide the API Technologies to you on behalf of Carbon and the Terms will also govern your relationship with these companies.

2. Using Our API Technologies

   a. Compliance with Law, Third Party Rights, and Other Carbon Terms

   You and all your users to whom you provide access to the APIs will comply with all applicable law, regulation, and third-party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws) and the Terms. You will not use the API Technologies to encourage or promote illegal activity or violation of third-party rights. You will not violate any other agreements with Carbon (or its affiliates), including but not limited to the Product Agreement.

   b. Permitted Access

   You will only access (or attempt to access) an API by the means described in the documentation of that API. If Carbon assigns you developer credentials (e.g. client IDs), you must use them with the applicable API. You will not misrepresent or mask either your identity or your API Client's identity when using the API, API Technologies or developer accounts.

   c. Permitted Use

   The API Technologies are provided for your use solely in accordance with any applicable documentation and solely in connection with your authorized use of Carbon Products pursuant to a valid Product Agreement. You may provide access to the APIs to other authorized users of the Carbon Products provided to you pursuant to your Product Agreement.

   d. API Technologies Limitations

   Carbon sets and enforces limits on your use of the API Technologies (e.g. limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each API. If you would like to use any API beyond these limits, you must obtain Carbon's express consent (and Carbon may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use). To seek such approval, contact [email protected].

   e. Open Source Software

   Some of the software required by or included in our API Technologies may be offered under an open source license. Open source software licenses constitute separate written agreements. For certain API Technologies, open source software is listed in the documentation. To the limited extent the open source software license expressly supersedes the Terms, the open source license instead sets forth your agreement with Carbon for the applicable open source software.

   f. Disclaimer. You hereby acknowledge and agree that (a) any particular API may be modified, suspended or discontinued at any time with or without notice, and may never be made generally available, and (c) we may require that you discontinue use of any particular API, or any features thereof, in our sole discretion.

   g. Communication with Carbon

   We may send you certain communications in connection with your use of the API Technologies. Please review the API Technologies documentation and Carbon's Privacy Policy for information about opting out of certain types of communication.

   h. Feedback

   If you provide feedback or suggestions about our API Technologies, then we (and those we allow) may use such information without obligation to you.

   i. Non-Exclusivity

   The Terms are non-exclusive. You acknowledge that Carbon may develop products or services that may compete with the API Clients or any other products or services.

3. Your API Clients

   a. API Clients and Monitoring

   The API Technologies are designed to help you to automate, integrate with, import, or export data or functionality into, out of, or with the Carbon Products. ("API Client(s)"). YOU AGREE THAT CARBON MAY MONITOR USE OF THE APIS TO ENSURE QUALITY, IMPROVE CARBON PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. This monitoring may include Carbon accessing and using your API Client, for example to identify security issues that could affect Carbon or its users. You will not interfere with this monitoring. Carbon may use any technical means to overcome such interference. Carbon may suspend access to the API Technologies by you or your API Client without notice if we reasonably believe that you are in violation of the Terms.

   b. Security

   You will use commercially reasonable efforts to protect third-party data, Operation Data and user information collected, transferred and processed by your API Client, including personally identifiable information ("PII"), from unauthorized access or use and will promptly report to the owner of any such data any unauthorized access or use of such information to the extent required by applicable law.

   c. Ownership

   Carbon does not acquire ownership in your API Clients, and by using our API Technologies, you do not acquire ownership of any rights in our API Technologies or the content that is accessed through our API Technologies.

   d. User Privacy and API Clients

   You will comply with all applicable privacy laws and regulations including those applying to PII. You will provide and adhere to a privacy policy for PII processed by your API Client that clearly and accurately describes what user information you collect and how you use and share such information (including for advertising) with Carbon and third parties.

4. Prohibitions and Confidentiality

   a. API Prohibitions

   When using the API Technologies, you may not (or allow those acting on your behalf to):

   1. Sublicense any API Technologies for use by a third party. Consequently, you will not create an API Client that functions substantially the same as the API Technologies and offer it for use by third parties nor will you incorporate your API Client as part of your product or service that you make available for use by third parties.
   2. Perform an action with the intent of introducing to Carbon products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
   3. Defame, abuse, harass, stalk, or threaten others.
   4. Interfere with or disrupt the API Technologies or the servers or networks providing the API Technologies.
   5. Use the API Technologies for volume, stress, or performance testing activities without prior written permission from Carbon.
   6. Reverse engineer or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
   7. Use the API Technologies for any activities where the use or failure of the API Technologies could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems).
   8. Use the API Technologies to process or store any data that is subject to the International Traffic in Arms Regulations maintained by the U.S. Department of State.
   9. Remove, obscure, or alter any Carbon terms of service or any links to or notices of those terms.

   Unless otherwise specified in writing by Carbon, Carbon does not intend use of the API Technologies to create obligations under the Health Insurance Portability and Accountability Act, as amended ("HIPAA"), and makes no representations that the API Technologies satisfy HIPAA requirements. If you are (or become) a "covered entity" or "business associate" as defined in HIPAA, you will not use the API Technologies for any purpose or in any manner involving transmitting protected health information to Carbon unless you have received prior written consent to such use from Carbon.

   b. Confidential Matters

   1. Developer credentials (such as passwords, keys, and client IDs) are intended to be used by you and identify your API Client. You will keep your credentials confidential and make reasonable efforts to prevent and discourage other API Clients from using your credentials. Developer credentials may not be embedded in open source projects.
   2. Our communications to you, Operation Data, our APIs and information made available to you regarding the APIs are all Carbon confidential information except to the extent excluded below. Carbon confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without Carbon's prior written consent. Carbon confidential information does not include information that Carbon makes publicly available, that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose Carbon confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court orders that we not receive notice.

5. Relationship to Carbon Products and Third-Party Products and Services

   a. Carbon Products

   No rights are granted with respect to any API Technologies under, and none of the API Technologies are licensed or otherwise provided under, any Product Agreement. In addition, any use of API Technologies in connection with any Carbon Products that are provided under a Product Agreement is subject to the restrictions and obligations of such Product Agreement between you and Carbon or any of its Affiliates. Except as set forth in the Product Agreement, the Terms do not grant any rights to access or use the Carbon Products.

   b. Third-Party Products and Services

   Your installation or enablement of API Technologies may result in the transmission of your data and Operation Data outside of the Carbon Products to your or third-party systems or applications. The providers of such systems or applications any may be able to obtain access to data in the Carbon Products through the API. Such access may result in the disclosure, modification or deletion of your data by those providers. We are not responsible for any such transmission, disclosure, modification or deletion of your data by, through or resulting from the use of the API Technologies, your or your third-party systems, applications or their providers.

6. Content

   a. Content Accessible Through our APIs

   If the API Technologies are used to enable the transfer of the Operation Data to which Subscriber has access through the user interface of the Carbon Products in connection with Subscriber's use of the Carbon Products, Carbon hereby grants Company a limited right to access and use the Operation Data solely in connection with and for the purpose of operation of the Products. Except for the limited licenses expressly granted to Company in these Terms and the applicable Carbon Product Agreement, Carbon owns and will retain all right, title, and interest in the Product Operation Data.

   b. Submission of Content

   Some of our API Technologies allow the submission of content (e.g., stl files). Carbon does not acquire any ownership of any intellectual property rights in the content that you submit to our API Technologies through your API Client, except as expressly provided in the Terms. Before you submit content to our API Technologies through your API Client, you will ensure that you have the necessary rights (including the necessary rights from your customers) to submit such content.

   c. Prohibitions on Content

   Unless expressly permitted by the content owner or by applicable law, you will not, and will not permit your users or others acting on your behalf to, do the following with content returned from the APIs:

    1. Scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;
   
    2. Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party;
   
    3. Misrepresent the source or ownership; or
   
    4. Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.
   

7. Brand Features; Attribution

   a. Brand Features

   "Brand Features" is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, the Terms do not grant either party any right, title, or interest in or to the other party's Brand Features. All use by you of Carbon's Brand Features (including any goodwill associated therewith) will inure to the benefit of Carbon.

   b. Attribution

   You agree to display any attribution(s) required by Carbon as described in the documentation for the API Technologies.

   c. Publicity

   You will not make any statement regarding your use of the API Technologies which suggests partnership with, sponsorship by, or endorsement by Carbon without Carbon's prior written approval.

   d. Privacy and Copyright Protection

   e. Carbon Privacy Policies

   By using our API Technologies, Carbon may use submitted information in accordance with our Privacy Policy.

   f. Carbon DMCA Policy

   We provide information to help copyright holders manage their intellectual property online, but we can't determine whether something is being used legally or not without their input. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, Carbon's designated agent for notice of copyright infringement can be reached at: Attention: Copyright Agent, Carbon, Inc., 1089 Mills Way, Redwood City, CA 94063, or by electronic mail at [email protected].

8. Termination

   a. Termination

   You may stop using our API Technologies at any time with or without notice. Further, if you want to terminate the Terms, you must provide Carbon with prior written notice and upon termination, cease your use of the applicable API Technologies. Carbon reserves the right to terminate the Terms with you or discontinue the API Technologies or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.

   b. Your Obligations Post-Termination

   Upon any termination of the Terms or discontinuation of your access to an API, you will immediately stop using the API, cease all use of the API Technologies, Carbon Brand Features and delete any cached or stored content that was permitted by the cache header under Section 5 to the extent reasonably practicable. Any retained content continues to be subject to the terms and conditions of the Terms. Carbon may independently communicate with the Subscriber whose account(s) are associated with your API Client and developer credentials to provide notice of the termination of your right to use an API.

   c. Surviving Provisions

   When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Sections 4b, 6, 9, 10, and 11.

9. Liability for our API Technologies

   a. WARRANTIES

   EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, CARBON DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE API TechnologieS. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE API TechnologieS, THE SPECIFIC FUNCTIONS OF THE API'S, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. The api technologies may be modified or DISCONTINUED. the product services warranty for the carbon products does not apply to the api technologies. WE PROVIDE THE API TechnologieS "AS IS" AND USE OF THE Api technologies is at your own sole risk. WE HAVE NO OBLIGATION TO PROVIDE ANY SUPPORT OR SERVICES FOR THE API TECHNOLOGIES.

   SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS.

   b. LIMITATION OF LIABILITY

   WHEN PERMITTED BY LAW, CARBON WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

   TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CARBON, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE API TechnologieS (OR, IF WE CHOOSE, TO SUPPLYING YOU THE API TechnologieS AGAIN) DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

   IN ALL CASES, CARBON WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

   c. Indemnification

   Unless prohibited by applicable law, if you are a business, you will defend and indemnify Carbon, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:

   1. your misuse or your user's misuse of the API Technologies;

   2. your user's violation of the Terms; or

   3. any violation or your content or data routed into, through or used with the API Technologies by you and those acting on your behalf, including your users.

10. General Provisions

    a. Modification

    We may modify the Terms or any portion to, for example, reflect changes to the law or changes to our API Technologies. You should look at the Terms regularly. We'll post notice of modifications to the Terms within the documentation of each applicable API, to this website (or any successor website), and/or in the documentation for the Carbon Products. Changes will not apply retroactively and will become effective no sooner than 30 days after they are posted. But changes addressing new functions for an API or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms for an API, you should discontinue your use of that API. Your continued use of the API constitutes your acceptance of the modified Terms.

    b. U.S. Federal Agency Entities

    The API Technologies were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto.

    c. General Legal Terms

    We each agree to contract in the English language. If we provide a translation of the Terms, we do so for your convenience only and the English Terms will solely govern our relationship. The Terms do not create any third-party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Terms will limit either party's ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Terms, and Carbon does not take action right away, this does not mean that Carbon is giving up any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The Terms are the entire agreement between you and Carbon relating to its subject and supersede any prior or contemporaneous agreements on that subject. For information about how to contact Carbon, please see www.carbon3d.com or contact [email protected].

    Except as set forth below: (i) the laws of California, U.S.A., excluding California's conflict of laws rules, will apply to any disputes arising out of or related to the Terms or the API Technologies and (ii) ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE API TECHNOLOGIES WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SAN MATEO OR SAN FRANCISCO COUNTIES, CALIFORNIA, USA, AND YOU AND CARBON CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.

    If you are accepting the Terms on behalf of a United States federal government entity, then the following applies instead of the paragraph above: the laws of the United States of America, excluding its conflict of laws rules, will apply to any disputes arising out of or related to the Terms or the API Technologies. Solely to the extent permitted by United States Federal law: (i) the laws of the State of California (excluding California's conflict of laws rules) will apply in the absence of applicable federal law; and (ii) FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE API TECHNOLOGIES, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SAN MATEO OR SAN FRANCISCO COUNTIES, CALIFORNIA.