Licence Agreement for the use of digital products

This licence agreement is effective as soon as the contract for purchase is confirmed by the customer in the checkout process. This licence is set between:

Licensor: Mortian

and

Licensee: You, the customer

§1 The parties agree to the following terms:
The Licensor grants the Licensee a non-exclusive licence to print physical copies based on the 3D files provided. The Licensor is the creator (§7 UrhG) retains all title and ownership of the work (§ 2 Abs. 1 Nr 7 UrhG) and derivative works will be assigned to Licensor by Licensee. Licensee may not sub-license, sell or transfer this license without express written permission from Licensor.

§2 Duration and Transfer of the licence:
All licences are lifetime (customer) licences.

The Licensee is prohibited from transferring, assigning, or sub-licensing to a third party (see table for exception).

The Licensor is allowed to transfer the IP to a new Licensor. This contract stays binding towards the new Licensor.

§3 Indemnification:

The Licensee shall be liable for damages caused by unlawful use of the licensed files.

The Licensee shall indemnify the Licensor against third-party claims arising from such unlawful use, provided that the Licensee is liable for the infringement.

This shall not apply if the Licensee proves that they are not at fault.

§4 Relationship:
The Licensee is acting independently from Licensor in relation to the performance of marketplace services. Nothing herein shall create any relationship beyond licensor and licensee between the parties. Licensee is expressly neither an employee of, nor an independent contractor of, Licensor.

§5 Cost of the Licences:

The Licensee has to pay a fee to the Licensor. The fee is paid by paying the invoice sent from the Mortian webshop.  The payment of the fee is mandatory as soon as the contract is completed.

 

 

 

§6 The licence allows the Licensee the following actions:

		Single Licence	Commercial Manufacturer
1	Sharing of digital files and/or IP in any way.	No	No
2	Selling of digital files and/or IP in any way.	No	No
3	3D printing of physical parts based on the files for personal use	Yes	Yes
4	3D printing of physical parts for commercial use like pictures, tutorials and/or videos with the focus on education.	Yes	Yes
5	3D printing of physical parts for commercial use of selling these parts	No	Yes
6	3D printing of physical parts for commercial use other then selling the parts	No	No
7	Modification of files and/or IP for personal use	Yes
8	Modification of files and/or IP for commercial use	*	*
9	Selling of printed and/or painted parts based on the 3D files	No	Yes
10	Hiring a 3rd party printing service provider to print parts **	Yes	Yes

* Yes, if the modification is so substantial that a new unique product is created.

** The Licensee is responsible that the 3D files shared with the 3rd party printing service provider are stored in a secure way (encrypted hard drive or similar) and that the files are deleted after the 3d printing service is provided. In case the files are shared, leaked or stolen by/from the 3D printing service the Licensee is liable.

§7 Contractual Penalty and Damages:

In the event of a culpable (intentional or negligent) breach of this Agreement, in particular unauthorized sharing, distribution, resale, or commercial use of the licensed files, the Licensee shall pay a contractual penalty to the Licensor.

The contractual penalty shall be determined by the Licensor at its reasonable discretion and shall take into account in particular:

– the nature and severity of the breach,
– the type of distribution channel used (e.g. private sharing, messaging groups, forums, file-sharing platforms),
– the scope and potential reach of the distribution (including group size, server membership, or comparable indicators),
– the number of identifiable or reasonably estimated unauthorized recipients,
– and the foreseeable long-term economic impact, including loss of future sales.

For the purpose of estimating the scope of distribution, the Licensor may rely on reasonable indicators such as publicly visible membership numbers, download counts, platform reach, or comparable evidence. Exact identification of each individual recipient is not required.

The contractual penalty shall generally be appropriate to the economic value of the affected product and may be significantly increased in cases of large-scale or public distribution.

The Licensee reserves the right to prove that no damage or significantly lower damage has occurred.

The Licensor reserves the right to claim further damages exceeding the contractual penalty. Any contractual penalty paid shall be credited against such damages.

In case of dispute, the competent court shall review the appropriateness of the penalty.

As a general guideline for the assessment of the contractual penalty, the parties acknowledge that serious breaches—such as unauthorized distribution on public platforms, forums, or file-sharing networks—may justify a contractual penalty in the range of € 5,000.00 to € 15,000.00 per affected product.

This guideline reflects the typical economic value of the digital assets and their long-term commercial exploitation potential. The actual penalty shall always be determined at the Licensor’s reasonable discretion, taking into account the circumstances of the individual case.

§8 Identification of print files

All files contain a personalized watermark which allows the Licensor to identify the Licensee.

The Licensor processes personal data of the Licensee solely for the purpose of contract fulfillment and protection against unauthorized use.

Further details are provided in the Licensor’s privacy policy, which forms an integral part of this Agreement.

§9 Notice:
Any change or amendment of this agreement must be done in written form.

§10 Applicable Law:
This agreement should be governed by the laws of Germany.

§11 Severability:
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Munich,30.03.2026