Digital Property Licensing Agreement

IMPORTANT! READ CAREFULLY: THIS IS A LEGAL AGREEMENT. BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING THIS/THESE DIGITAL PROPERTY/PROPERTIES OF FAR FAR AWAY COMPANY LLC OR ANY DIGITAL FILES, VIDEOS, IMAGES, DRAWINGS, OR DATA ON THIS WEBSITE, YOU (LICENSEE, AS DEFINED BELOW) ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT DOWNLOAD, INSTALL AND USE THIS/THESE DIGITAL PROPERTY/PROPERTIES OR ANY DIGITAL FILES, VIDEOS, IMAGES, DRAWINGS, OR DATA ON THIS WEBSITE.

 

Parties

(a) "Licensor" or “Far Far Away Company” means Far Far Away Company LLC, which is based in California, USA. 

(b) "Licensee" means either an individual or a legal entity who/which download, redesign, or use the Digital Property of Far Far Away Company or any digital files, video, images, drawings, or data on this website. For legal entities, "Licensee" includes any entity which controls, is controlled by, or is under common control with Licensee. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.

 

Definitions

(a) "Digital Property" means any software, files, contents, video, pictures, drawings, publications, tables, figures, designs, CAD files, or intellectual properties, including its documentation, upgrades, and improvements, which Far Far Away Company partially, fully, exclusively, or non-exclusively has its copyright, Patent or any other intellectual property rights.

(b) "Ultra Pillar” means any products, parts, goods, or any of the Digital Property of Far Far Away Company that contains the words “Pillar”, “Pillars”, “Ultra Pillar” or “Ultra Pillars” in its category, product name, title, or file name. 

(c)  "Connector” means any products, parts, goods, or any of the Digital Property of Far Far Away Company that contains the words “AC”, “BC”, “JPC”, “RPC”, “Connector” or “Connectors”, in its category, product name, title, or file name. 

(d) "Accessories” means any products, parts, goods, or any of the Digital Property of Far Far Away Company that does not contain the words “Pillar”, “Pillars”, “Ultra Pillar”, “Ultra Pillars”, “AC”, “BC”, “JPC”, “RPC”, “Connector” or “Connectors”, in its category, product name, title, or file name. 

(e) ”Extension Parts” means the products, parts, or goods, which is designed or redesigned by the Licensee or third party based on the Digital Property or the design of a product/products of Far Far Away Company, which contains the intellectual property of Far Far Away Company and may have a similar function as the original product, design, or intellectual property.

 

Ownership

(a) Digital Property is the property of the Licensor or its suppliers. Digital Property is licensed, and will not be sold or granted to any entity without a written agreement signed by the CEO or President of Far Far Away Company. Title and copyrights to Digital Property, in whole, and in part and all copies thereof, and all modifications, enhancements, derivatives, and other alterations of Digital Property regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of Licensor or its suppliers.

(b) Digital Property is protected by the United States Copyright Law and International Treaty provisions. 

 

Grant of license

Subject to the terms, conditions, and limitations set forth in this Agreement, including any amendments thereto, Licensor hereby grants to Licensee a limited, non-exclusive, non-transferable license to use Digital Property as follows:

Licensee may:

(1) Download, upload, share, measure, simulate, test, or assemble the Digital Property of the Pillar and Connector.

(2) Download, upload, share, measure, simulate, test, assemble, redesign, and manufacture the Accessories.

(3) Sell the physical parts of Accessories or physical Extension Parts of Accessories.

 

Without written approval from Far Far Away Company’s CEO or President, LICENSEE MAY NOT:

(1) Sell, license, rent, or charge any service regarding providing Digital Property to any third party or charge a third party for downloading Digital Property.

(2) Manufacture or redesign Pillar or Connector.

(3) Manufacture or redesign the tool, jig, machine, equipment, or drawing to produce Pillar or Connector.

(4) Provide misleading, fake, false, or unclear contact information during the download/licensing process of the Digital Property.

(5) Release misleading, fake, or false information to the public regarding the Digital Property.  

(6) Embed, include, or package any harmful, malicious, or illegal code, software, materials, files, documents, or object with Digital Property, product, or extension parts of Far Far Away Company.

 

Additional licence exceptions and restrictions

    • It is the sole responsibility of the LICENSEE to inform and make sure the third party is fully aware and agrees with this licensing agreement before the LICENSEE shares or releases the Digital Property with any third party.
    • Without agreeing on this licensing agreement, any use, download, upload, share, measure, simulation, test, assemble, redesign, and manufacture of the Digital Property by the LICENSEE or the third party that LICENSEE shares/shared or releases/released the Digital Property to will be considered a violation of the intellectual property of Far Far Away Company. The LICENSEE hereby agrees to compensate Far Far Away Company for the loss of such violation.
    • It is the obligation of LICENSEE to spend its best efforts timely to stop any violation of this licensing agreement by any third party which LICENSEE shares/shared or releases/released the Digital Property to.
    • If Licensee, who is an educational institution, has been granted a Classroom License, Licensee's rights to use Digital Property shall be restricted solely to providing classroom instruction by Licensee to its students. Any commercial use of Software with a Classroom License is expressly prohibited by Licensor.
    • Far Far Away Company reserves the right to retract the license of the Digital Property at any time by any appropriate way attempted to inform the CAD or Digital file downloader. Licensee hereby agrees that Far Far Away Company has the right the decide the way to inform the Licensee of such retractation, including but not limited to email, oral, written, or announcement on any of its website or social media. 

      LICENSEE shall stop the manufacturing or selling of the parts or its Extension Parts included in such retractation immediately after the retractation information has been delivered to Licensee or announced to the public by Far Far Away Company on any of its website or social media, including but not limited to the following website: www.ffacqr.com or www.farfarawaycompany.com.

      LICENSEE shall also stop sharing or any use of the Digital Property included in such retractation immediately after the retractation information has been delivered to Licensee or announced to the public by Far Far Away Company on any of its website or social media, including but not limited to the following website: www.ffacqr.com or www.farfarawaycompany.com.

        • LICENSEE hereby confirms that LICENSEE fully understands that any parts or Digital Property in the “Pillar” or “Connector” category may be protected by the patent or intellectual property rights of Far Far Away Company, any unlicensed produce, manufacturing, sell, distribution of the  “Pillar” or “Connector” parts may be considered as a violation of Far Far Away Company’s legal intellectual property rights and LICENSEE hereby agrees to timely compensate the reasonable loss caused by such illegal violation to Far Far Away Company.
        • LICENSEE hereby confirms that LICENSEE fully understands that the Digital Property that Far Far Away Company provides or shares are for reference only, and the Digital Property might contain mistakes, inaccurate, error, old versions, reversion, bias, or misleading contents or information. Although Far Far Away Company tends to provide the most accurate information and truth as its best and keep its users of Digital Property and customers safe and unharmed, in no event that  Far Far Away Company shall be responsible for any of the negative consequences, such as but not limited to the damage, loss, delay, missing, injury, or even death by use, misuse, redesign, remake, or sharing of the Digital Property, Extension Parts, or Product of Far Far Away Company. 
        • Digital Property is provided to LICENSEE “AS IS” and without any warranty. Unless there is any written agreement signed by Far Far Away Company, the LICENSEE shall not use the Digital Property as any full or partial reason for the return or refund process.    

          LICENSOR PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO ANY THIRD-PARTY SOFTWARE, PRODUCT, OR SERVICE.

           

          Export Regulations

          Licensee shall comply with all applicable laws and regulations with regard to economic sanctions; export controls; import regulations; and trade embargoes ("Sanctions"), including those of the European Union and United States (specifically the Export Administration Regulations (EAR)). Licensee acknowledges that it is not a person targeted by Sanctions nor is it otherwise owned or controlled by or acting on behalf of any person targeted by Sanctions. Further, Licensee acknowledges that it will not download or otherwise export or re-export Digital Property or any related technical data directly or indirectly to any person targeted by Sanctions or download or otherwise use Digital Property for any end-use prohibited or restricted by Sanctions.

           

          Term and termination

          (a) Except as otherwise retracted by Far Far Away Company or with written agreement from Far Far Away Company, the license granted herein shall expire and be terminated ONE YEAR after download or provided by Far Far Away Company.

          (b) If Licensee fails to comply with the terms and conditions of this Agreement, Licensor may terminate this Agreement and Licensee's right and license to use Digital Property and its Extension Parts. Licensee may terminate this Agreement at any time by notifying Licensor by sending the termination notice to the following email: intouch@farfarawaycompany.com.

          The termination notice sent to Licensor shall clearly contain the correct and legal name/entity name of the Licensee, and contact information, including a valid mailing address, email address, phone number, and contact name. The termination notice shall also include the date, which is after the sending date of the termination notice, of such termination.

          (c) Unless the Digital Property and its Extension Parts have been irreversibly sold by Far Far Away Company to the Licensee, upon the termination of this Agreement or expiration of the license, Licensee must discontinue the use, sale, store, lend, or rent of Digital Property and its Extension Parts, and delete all copies of Digital Property from its computers and archives.

          (d) LICENSEE AGREES THAT UPON TERMINATION OR EXPIRATION OF THIS AGREEMENT FOR ANY REASON, LICENSOR MAY TAKE ANY ACTIONS SO THAT DIGITAL PROPERTY NO LONGER OPERATES.

           

          Marketing

          Licensee agrees to be identified as a customer of Licensor and agrees that Licensor may refer to Licensee by name, trade name, and trademark, if applicable, and may briefly describe Licensee's business in Licensor's marketing materials and on Licensor's website. Licensee hereby grants Licensor a license to use Licensee's name and any of Licensee's trade names and trademarks solely in connection with the rights granted to Licensor pursuant to this marketing section.

           

          General

          (a) Licensor reserves the right at any time to cease the support of Digital Property and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability, or other characteristics of Digital Property.

          (b) This Agreement constitutes the entire agreement between the parties concerning Licensee's use of Digital Property, and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to Digital Property. No purchase order, other ordering document, or any handwritten or typewritten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless agreed by Licensee and signed by Licensor.

          (c) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach. The provisions of this Agreement that require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination.

          (d) This Agreement will be governed by the laws of California, United States, without reference to conflict of laws principles. Licensee agrees that any litigation relating to this Agreement may only be brought in, and shall be subject to the jurisdiction of, any Court of Los Angeles County, California, United States.

          (e) If Digital Property contains any way of Far Far Away Company’s name, logo, trademark, or press materials, Licensee hereby agrees that any of these Far Far Away Company’s name, logo, trademark, or press materials, shall not be partially or fully removed, replaced, covered, modified or changed to any other form otherwise the license will be terminated immediately such violation takes place. 

          (e) Titles are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Either Licensor or Licensee may assign this Agreement in the case of a merger or sale of substantially all of its respective assets to another entity. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors, and assigns.

          For exceptions or modifications to this Agreement, please contact Far Far Away Company at email: intouch@farfarawaycompany.com.

           

          Latest Update: 01/11/2023