Product Licensing & Policies
Limited Release Prototype Policies
These products are built in small batches at the highest quality possible in our lab to validate the final reproduction plans, and released as a limited run of invention. Due to this, all Limited Release Prototypes fall under special policies:
- We do not offer refunds and replacements for Limited Release Prototypes.
- We do not warranty the fitness nor use of the invention. It is considered a prototype for education purposes only and should be treated as such. See more details on our Safety Warning & Disclaimer page.
- We may require express shipping and/or signatures on delivery for some prototypes due to the nature and cost of these products.
Reproduction Plan Licensing & Policies
- Qualification: The product description must have the "License - Lab 424 Agreement" indicator, and you must purchase and download the Artwork or Invention Reproduction Plans from the Laboratory 424 Store to qualify for this license.
- Registration: Your Laboratory 424 Store order number and contact info is used to identify/validate your license and should be saved in case we request validation at a later date.
- Artwork Plans Use: For Artwork Reproduction Plans, the license grants you the ability to reproduce and sell the artwork, royalty free onto other physical products.
- Invention Plans Use: For Invention Reproduction Plans, the license grants you the ability to reproduce and sell the invention, royalty free.
- No Digital Reproduction: You may not sell the original or variations of the artwork/invention reproduction plans in digital form whatsoever.
- Breach of Agreement: Failure to follow the license agreement may lead to fines and legal action.
- No Refunds: We do not offer returns, refunds nor replacements on reproduction plans unless there are technical issues with the file(s) themselves.
LABORATORY 424 REPRODUCTION PLANS LICENSE AGREEMENT
LAST UPDATED June 2022
This is a license agreement between you and Laboratory 424 that explains how you can use artwork and invention reproduction plans that you license from Laboratory 424. By downloading files from the Laboratory 424 Store sold under the "License - Lab 424 Agreement", you accept the terms of this agreement.
For purposes of this agreement, “reproduction plans" means any downloadable file or files associated with an invention, idea, or artwork on this site. (For example: artwork graphic, blueprint, images, build instructions, source code, cad files.)
1. How can I use licensed reproduction plans?
You may use reproduction plans in any way that is not restricted (see Restricted Uses below). Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by Laboratory 424 are:
- Perpetual, meaning there is no expiration or end date on your rights to use the reproduction plans downloaded during your agreement.
- Non-exclusive, meaning that you do not have exclusive rights to use the reproduction plans. Laboratory 424 can license the same reproduction plans to other customers.
- Worldwide, meaning reproduction plans can be used in any geographic territory.
- Unlimited, meaning you can use the reproduction plans in an unlimited number of projects.
For purposes of this agreement, "use" means to copy, modify, build, imprint, perform, display, or otherwise make use of.
Please make sure you read the Restricted Uses section below for exceptions.
2. Restricted Uses.
a. No Unlawful Use. You may not use reproduction plans in a pornographic, defamatory or other unlawful manner, or in violation of any applicable regulations or industry codes.
b. No Standalone File Use. You may not use reproduction plans, modified or otherwise, in any way that allows others to download, extract, or redistribute reproduction plans as a standalone file (meaning just the reproduction plans files themselves).
c. No Use in Trademark or Logo. You may not use reproduction plans (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, tradename, business name, service mark, or logo. Additionally, you shall not be entitled to register (in any jurisdiction) such reproduction plans (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the reproduction plans or any similar reproduction plans (including by us, our customers, or the copyright owner of such reproduction plans).
d. No False Representation of Authorship. You may not falsely represent that you are the original creator of an end use that is made up largely of licensed reproduction plans.
e. No Electronic Media. You may not use reproduction plans, modified or otherwise, in or part of electronic or digital media intended for resale or other distribution.
3. Who, besides me, can use the licensed reproduction plans?
The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else. There are two exceptions:
Employer or client. If you are purchasing on behalf of your employer or client, then your employer or client can use the reproduction plans. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the reproduction plans.
Subcontractors. You may allow subcontractors or distributors to use reproduction plans in any production or distribution process related to your final project or end use. These subcontractors and distributors may not use the reproduction plans for any other purpose.
4. Intellectual property rights.
Who owns the reproduction plans?
All of the licensed reproduction plans is owned by Laboratory 424. All rights not expressly granted in this agreement are reserved by Laboratory 424.
You do not need to include a credit.
This agreement is effective until it is terminated by either party. You can terminate this agreement by ceasing use of the reproduction plans and deleting or destroying any copies. Laboratory 424 may terminate this agreement at any time if you fail to comply with any of the terms, in which case you must immediately: cease using the reproduction plans; delete or destroy any copies; and, if requested, confirm to Laboratory 424 in writing that you have complied with these requirements.
Laboratory 424 does not offer refunds for downloaded files. File returns will only be considered based on technical issues with the file at the sole discretion of Laboratory 424. All requests for refunds must be made in writing. If the request is approved, Laboratory 424 will issue a credit to your credit card. In the event of refunds/returns, your rights to use the reproduction plans terminate, and you must delete or destroy any copies of the reproduction plans.
c. Reproduction plans Withdrawal.
Laboratory 424 may discontinue licensing any item of reproduction plans at any time in its sole discretion. Upon notice from Laboratory 424, or upon your knowledge, that any reproduction plans may be subject to a claim of infringement of a third party's right for which Laboratory 424 may be liable, Laboratory 424 may require you to immediately, and at your own expense: cease using the reproduction plans, delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise. Laboratory 424 will provide you with replacement reproduction plans (determined by Laboratory 424 in its reasonable commercial judgment) free of charge, subject to the other terms of this agreement.
7. Representations and Warranties.
Laboratory 424 makes the following representations and warranties:
a. Warranty of Non-Infringement. Your use of the reproduction plans in accordance with this agreement and in the form delivered by Laboratory 424 will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity. Note that you are solely responsible for any edits made to the reproduction plans and the resulting physical product imprinted with or constructed by the reproduction plans.
b. No Other Warranties. Except as provided in the "warranty of non-infringement" section above, the reproduction plans is provided "as is" without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. Laboratory 424 does not represent or warrant that the reproduction plans will meet your requirements or that its use will be uninterrupted or error free.
8. Indemnification/Limitation of Liability.
a. Indemnification of Laboratory 424 by you. You agree to defend, indemnify and hold harmless Laboratory 424 from all damages, liabilities and expenses (including reasonable legal costs including attorney fees) arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this agreement.
b. Indemnification of you by Laboratory 424. Provided that the reproduction plans is only used in accordance with this agreement and you are not otherwise in breach of this agreement, and as your sole and exclusive remedy for any breach of the warranties set forth in Section 7(a) above, Laboratory 424 agrees, subject to the terms of this Section 8, to defend, indemnify and hold harmless you, your corporate parent, subsidiaries and affiliates, and each of your respective officers, directors and employees from all damages, liabilities and expenses (including reasonable legal costs including attorney fees) arising out of or in connection with any breach or alleged breach by Laboratory 424 of its warranty in Section 7(a) above. This indemnification does not apply to the extent any damages, costs or losses arise out of or are a result of modifications made by you to the reproduction plans or the context in which the reproduction plans is used by you. This indemnification also does not apply to your continued use of reproduction plans following notice from Laboratory 424, or upon your knowledge, that the reproduction plans is subject to a claim of infringement of a third party's right.
c. The party seeking indemnification must promptly notify in writing the other party about the claim. The indemnifying party (the one covering the costs) has the right to assume the handling, settlement or defense of any claim or litigation, in which case the indemnified party (the one not covering the costs) has to cooperate in any way reasonably requested by the indemnifying party. The indemnifying party will not be liable for legal costs including attorney fees and other costs incurred prior to the other party giving notice of the claim for which indemnity is sought.
d. Limitation of Liability. LABORATORY 424 WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF LABORATORY 424 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY.
9. General Provisions.
a. Assignment. This agreement is personal to you and is not assignable by you without Laboratory 424's prior written consent. Laboratory 424 may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.
b. Audit/Certificate of Compliance. Upon reasonable notice, you agree to provide to Laboratory 424 sample copies of projects or end uses that contain licensed reproduction plans, including by providing Laboratory 424 with free of charge access to any pay-walled or otherwise restricted access website or platform where reproduction plans is reproduced. In addition, upon reasonable notice, Laboratory 424 may, at its discretion, either through its own employees or through a third party, audit your records directly related to this agreement and your use of licensed reproduction plans in order to verify compliance with the terms of this agreement. If an audit reveals reproduction plans are being used outside of the scope of the license granted under this agreement, you will be notified in writing of the non-compliance, compensation required, and steps to take to avoid the license being terminated and legal action.
c. Electronic storage. You agree to retain the copyright symbol, the name of Laboratory 424, the reproduction plans's identification number and any other information that may be embedded in the electronic file containing the original reproduction plans, and to maintain appropriate security to protect the reproduction plans from unauthorized use by third parties. You may make one (1) copy of the reproduction plans for back-up purposes.
d. Governing Law/Arbitration. This agreement will be governed by the laws of the State of Washington, U.S.A., without reference to its laws relating to conflicts of law. Any disputes arising from or related to this agreement shall be finally settled by binding, confidential arbitration by a single arbitrator selected using the rules and procedures for arbitrator selection under the JAMS' Expedited Procedures in its Comprehensive Arbitration Rules and Procedures ("JAMS") if you are in North America, or of the International Centre for Dispute Resolution ("ICDR") or JAMS if you are outside of North America (the applicable rules to be at your discretion), in effect on the date of the commencement of arbitration to be held in one of the following jurisdictions (whichever is closest to you): New York, New York; London, England; Paris, France; Munich, Germany; Madrid, Spain; Milan, Italy; Sydney, Australia; Tokyo, Japan; or Singapore. The arbitration proceedings shall be conducted in English and all documentation shall be presented and filed in English. The decision of the arbitrator shall be final and binding on the parties, and judgment may be entered on the arbitration award and enforced by any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not govern this agreement. The prevailing party shall be entitled to recover its reasonable legal costs including attorney fees relating to that aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. Notwithstanding the foregoing, Laboratory 424 shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Laboratory 424, such action is necessary or desirable to protect its intellectual property rights. The parties agree that, notwithstanding any otherwise applicable statute(s) of limitation, any arbitration proceeding shall be commenced within two years of the acts, events or occurrences giving rise to the claim.
e. Severability. If one or more of the provisions in this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.
f. Waiver. No action of either party, other than express written waiver, may be construed as a waiver of any provision of this agreement.
h. Notice. All notices required to be sent to Laboratory 424 under this agreement should be sent via the Laboratory 424 Contact Form (https://laboratory424.com/contact). All notices to you will be sent via email to the email set out in your account.
i. Taxes. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the licensed reproduction plans.
j. Interest on Overdue Invoices. If you fail to pay an invoice in full within the time specified, Laboratory 424 may add a service charge of 1.5% per month, or such lesser amount as is allowed by law, on any unpaid balance until payment is received.
l. Licensing Entity. The licensing entity under this agreement is determined based on your billing address in accordance with the chart found here.
10. Entire Agreement.
No terms of conditions of this agreement may be added or deleted unless made in writing and accepted in writing by both parties, or issued electronically by Laboratory 424 and accepted in writing by you. In the event of any inconsistency between the terms of this agreement and the terms contained on any purchase order sent by you, the terms of this agreement will apply.
This Agreement, together with the Safety Warning and Disclaimer, which is incorporated by reference, constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to the subject matter hereof, superseding all prior or contemporaneous proposals, communications and understandings, oral or written.