The New York Central System Historical Society (“the Seller”), an Ohio non-profit corporation, agrees to sell to the individual identified below (“the Buyer”), and the Buyer agrees to buy from the Seller, for non-commercial use the media identified by the Buyer in the Order List attached to this Agreement (“the Media”), in the quantities indicated by the Buyer, at the corresponding US Dollar prices set forth on the Order List, plus applicable sales tax. All the Seller’s prices are postpaid. All payments will be made in US Dollars.
The Seller agrees to ship the Media to the Buyer or to the Buyer’s order promptly after receipt of full payment.
The Buyer acknowledges that the certain Media, as indicated in the Order List, are compilations protected by copyright owned by the Seller, and that neither the Buyer, nor the Buyer’s heirs, successors or assigns, is licensed or otherwise authorized by the Seller to reproduce, recast, transform or adapt the copyrighted Media except as and to the limited extent reasonably necessary for the Buyer to view, print and use the copyrighted Media.
Buyers are permitted to copy the contents of the media onto their personal computers for security purposes. Copies of the media, in any physical or electronic location, have the same restrictions as the original media. Buyers are also permitted to either print themselves, or have commercially printed, an image of each file for personal use only.
To the extent permitted by applicable law, the Seller warrants only that the Media is in good working condition, BUT MAKES NO FURTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Seller shall not be liable for any damages (including, without limitation, direct, indirect, special or consequential damages). The Seller shall be obligated only to replace the Media that is defective, or to refund the purchase price. This obligation shall apply only to defects discovered and brought to the Seller’s attention in writing during the thirty (30) day period that begins on the date of shipment by the Seller to the Buyer of the Media that is defective.
For purposes of this Agreement:
The following definitions and requirements are applicable ONLY to those individuals who purchase NYCSHS drawing files for the purpose of providing online and computer based product offerings that are computer software based, and those who generate products using 3D printing technology that uses NYCSHS digitized drawing files as source material.
Computer programs of all types that are posted and available for download at little or no cost to the user.
Software as the term is generally used, that permits a user an interactive experience, by accessing a website, computer address, or other electronic site, or media such as CD or DVD, generally for a fee.
An online computer based experience, generally using a computer but also including programs that command and control video cameras, that is generally interactive, with strong visual content that makes the user an integral part of the scene/script/action. Computer programs that can generate holograph images immerse the user in the scene. General characteristics of computer based programs that can generate holographic images include three dimensional scenes, alternate viewing points from within the scene or external to the scene, by the user, and animated action using computer generated or computer adapted wholly developed human and mechanical and structural images. These human, mechanical, and structural images are generally derived from a paper, digital, computer, film, or video tape sources.
Computer software that is made available either via normal software distribution methods, such as by accessing a web address or website, or as one or more downloads. One characteristic of this software is that a fee is charged by the author or compiler.
The use of printers or other reproduction devices that can print solid or amorphous forms in three dimensions, and use as their programming computer codes and programming which is based, in turn, on paper drawings, digitized drawings, photographs, digital images, or any other original physical or imaginary form.
The use of 3D printers or other devices capable of generating physical items in three dimensions for sale in a commercial, for profit, environment.
The use of a computer program to impart motion.
Computer Aided Design.
Simulation, generally used to describe a computer aided software or code used to render a person or object, give that image color and motion, and permit a computer user to interact as if it were “real”.
The New York Central System Historical Society, known as “NYCSHS”, (www.nycshs.org) permits the use of its drawing files, upon payment of a reasonable initial fee that will change from time to time, by purchasers for the purpose of developing computer programs and software that will be the basis for freeware, payware, 3D modeling and 3D manufacturing, and for holographic images and programs, scenes, and animation. NYCSHS requires that a notation be added or included in all paper and online advertising and promotions that the source of the original images used as a basis for these programs and products are credited to “NYCSHS”.
For those programs and products offered for sale, NYCSHS requires that payment of a modest annual fee be made to NYCSHS in order to further the mission and
goals of NYCSHS. The negotiated user fee will generally be between 1% and 5% of retail sales, which is customary in this industry.