Licence terms
The two licences that come with a Misla subscription — Personal Use and Commercial Print — and the terms common to both. Every file you download and every certificate names the version it was issued under.
Version 2026-10-07, in force from 7 October 2026.
| Personal Use Licence | Commercial Print Licence | |
|---|---|---|
| Who it comes with | the Personal plan | the Commercial plan |
| Print for yourself | yes | yes |
| Give a print away, unpaid | yes | yes |
| Sell prints | no | yes, no unit limit |
| Named certificate | no | yes, with a verification serial |
| Share the files | no | no |
| Survives cancellation | yes, for files already received | no, apart from a 90-day sell-through |
Two things are true of both texts, and it is easier to say them once:
- Nothing here lets anybody pass on a file. Not the STL, not the 3MF, not the G-code, not a firmware binary, not a configured output of any kind, paid or free, whole or in part. The Commercial licence sells the right to make and sell physical objects, and nothing else. This is the one rule that, if broken, ends the licence.
- Every download is built for one subscriber and is traceable. Each file is generated for the account that asked for it and carries rights-management information, a file fingerprint and — where the model supports it — a forensic marking. Section 3.6 says exactly what that means and what Misla claims from it. None of it affects the printed part.
0 · How these two texts are built
This section is not decoration. It is the part that decides whether the rest survives being read in a country other than Brazil.
0.1 These are contracts first, and copyright licences second
A licence that rests only on copyright is only as strong as the copyright, and for a functional part the copyright may be thin or absent. Several of the jurisdictions Misla sells into limit or refuse copyright in a useful article: the separability test in the United States, the fifty-article rule in Canada, and the applied-art threshold in Japan. Annex A sets this out per place.
So the operative promises below are contractual. When you take out a subscription and download a file, you and Misla make an agreement, and the obligations in sections 1, 2 and 3 bind you as terms of that agreement:
(a) They bind you whether or not copyright, design right, database right or any other property right subsists in the particular model you downloaded, and whether or not any such right is enforceable where you are.
(b) Where such a right does subsist, Misla also relies on it, and the remedies are cumulative rather than alternative.
(c) A finding by any court or authority that a particular model is not protected by copyright in a particular place does not release you from these terms, and does not affect Misla's rights over any other model.
This is deliberate, and it is the single most important structural choice in the document. It is also why section 3.9 (severability) is written the way it is.
0.2 Who you are changes which rules win
The Personal plan is bought overwhelmingly by individuals for private purposes, and such a person is a consumer in most of the places Misla sells into. The Commercial plan is bought by a business acting in the course of a trade.
Mandatory consumer protection is not something a contract can bargain away. Where you are a consumer, and the law of your own country gives you a right that these texts appear to reduce or remove, your right wins and the clause gives way to it, to the extent of the conflict, and no further. That is stated once here and repeated where it matters most.
Nothing in this section gives a business the protections written for consumers.
0.3 What Misla does not do
Misla does not take your card, does not hold your card, and does not work out your tax. Billing runs through Patreon, and Patreon's own terms govern the payment relationship, the currency, the refund mechanics and the consumption tax on the subscription fee. These texts govern what you may do with the files. Where the two conflict on a payment question, Patreon's terms decide it.
1 · Personal Use Licence
Applies to: every file a subscriber configures and downloads on the Misla Personal plan, and every file downloaded on the Commercial plan that is printed for a non-commercial purpose.
1.1 What Misla grants you
Misla grants you a personal, worldwide, non-exclusive, non-transferable licence to:
(a) Print for yourself. Print the file as many times as you like, on as many machines as you own or hire time on, in any material, for your own use and for the use of the people you live with.
(b) Keep what you have. The licence over any file you downloaded while your subscription was active is perpetual. If you cancel, you keep every file you already have, and you may go on printing it forever. What you lose on cancellation is access to the configurator, to new releases, and to the right to generate anything further. This right is not affected by a later change to these terms, by a price rise, or by Misla ceasing to trade — see clause 3.8.
(c) Configure it as often as you like. Reconfiguring a model you have already opened this month costs nothing and is unlimited, on both plans. The plan counts distinct models per month, never downloads.
(d) Modify it for yourself. Cut it, scale it, remix it, merge it into a larger assembly of your own — for your own use. Anything you make this way is a derivative: the parts of it that came from Misla stay under this licence, and clause 1.2(a) still applies to the result. Your own separate contribution stays yours, and Misla claims nothing in it.
(e) Give a print away. You may give a printed part to another person as an unpaid gift, including to a friend, a relative, a school, a club, a library or a charity. You may recover the cost of the material if the recipient offers it. You may not advertise, list or offer prints, and you may not accept payment beyond material cost. If money is changing hands in any other way, you need the Commercial licence.
(f) Show it off. Photograph and film your prints and post them anywhere you like, including on channels that earn you advertising revenue. Please credit Misla and link back where the platform allows it. This is a courtesy, not a condition.
(g) Print at a bureau. You may have a print shop or a library makerspace produce a part for your own use, on your instruction and at your expense. You must not hand the file over for the shop's own use, and the shop gets no rights from doing the job.
1.2 What the Personal licence does not allow
(a) No passing on the file. You must not sell, share, publish, upload, post, email, lend, host, torrent, bundle or otherwise distribute the file, a modified version of it, a derivative of it, or any file made from it that carries its geometry — including STL, 3MF, STEP, OBJ, G-code, project files and firmware binaries. This holds for model-sharing sites, cloud drives, chat groups, marketplaces, forums and machine-learning corpora alike. It holds whether you charge for it or not.
(b) No selling prints. You must not sell, or offer for sale, any physical object printed from the file. That is what the Commercial licence is for, and it costs less than one weekend of arguing about it.
(c) No service bureau, no print-on-demand. You must not print on the file's behalf for other people, list it on a print-on-demand or manufacture-on-demand service, or feed it to any platform that makes objects to order.
(d) One account, one person. Your login is yours. Do not share the credentials, and do not download on behalf of somebody who is not a subscriber.
(e) No removing the rights information. You must not remove, damage, obscure or falsify the rights-management information described in clause 3.6, the file fingerprint, or any embedded attribution, and you must not ask or pay anybody else to do so. Clause 3.6 explains why this clause is separate from clause 1.2(a), and what it is worth.
(f) No training data. You must not use the file, or any derivative of it, as training, fine-tuning, retrieval or evaluation material for a machine-learning system, whether the system generates geometry, images or text. Misla expressly reserves all rights of reproduction and extraction for text and data mining, by this clause and, for anything Misla publishes openly, by machine-readable means as well — see clause 3.7.
(g) No re-licensing. You must not grant anybody else any of these rights, and you must not claim to have designed the part.
1.3 What Misla keeps
Misla retains all copyright, database rights, design rights and every other right in the models, the generators, the firmware, the renders, the datasheets and the documentation. Nothing here transfers ownership of anything. The subscription buys a licence and access, and no more than that.
Moral rights. In several jurisdictions an author's moral rights — to be identified as the author, and to object to derogatory treatment of the work — cannot be sold, waived or assigned, and Misla does not attempt to do so here. Misla asserts them where they exist. Nothing in these texts asks you to waive any moral right in your own separate contribution either.
1.4 Ending it
This licence ends if you breach clause 1.2 and, where the breach can be put right, do not put it right within fourteen days of Misla asking you to. A breach that cannot be put right — a file that is already published, a print already sold — ends the licence at once.
On the licence ending for breach you must stop printing, delete every copy of every file you hold, and destroy or surrender any unsold printed stock. Misla may also suspend the account.
Clause 1.1(b) — the perpetual right over files you already downloaded — survives the ordinary end of a subscription, but not the end of the licence for breach.
Where you are a consumer, none of this affects your right to bring the matter before a court or a consumer body in your own country, and Misla will not treat a good-faith dispute about whether a breach happened as a breach.
1.5 Safety, fitness and no warranty
Read this bit even if you skip the rest.
Subject to clauses 3.3, 3.4 and 3.5 — which carve out, for consumers and for personal injury, most of what this clause says — the files are supplied as they are, with no warranty of any kind, express or implied, including any implied warranty of merchantability, of satisfactory quality, or of fitness for a particular purpose.
A printed plastic part is not an engineered component. Misla does not know your printer, your slicer settings, your filament, your dryness, your bed adhesion, your ambient temperature or your load case, and cannot judge whether a given print is fit for a given job. You decide whether a part is fit to use, and you carry that decision.
Some models in the catalogue sit near real hazards, and those deserve naming:
- Anything near mains electricity (transformer covers, enclosures, cable management, socket surrounds) is a cosmetic and mechanical part only. It is not an electrical enclosure, it is not rated, it is not certified to IEC 60335, IEC 62368, UL 94 or anything else, and printed thermoplastic is combustible. Never rely on a printed part for electrical insulation, for fire containment, or for protection against contact with live conductors.
- Anything that goes into an aquarium touches livestock. Filament, colourant, additive and printing residue are not certified food-safe or aquarium-safe by Misla. Rinse, cure and quarantine as you judge necessary, and watch the tank.
- Anything a child may handle is a designer's toy, not a certified toy. The age marking on a model page is Misla's honest judgement of the design, not a conformity assessment: no EN 71, no ASTM F963, no CE or UKCA marking, and no small-parts testing has been carried out on your print. Supervise, and use your own judgement about the child in front of you.
- No model in the catalogue makes any medical, therapeutic, developmental or clinical claim, and none should be presented as if it did.
To the fullest extent the law allows, Misla's total liability arising out of the files or their use is limited to the subscription fees you paid in the twelve months before the claim arose. This cap does not apply at all to the matters listed in clause 3.5, which include death and personal injury, fraud, and liability for a defective product under the product liability rules of the place where you are.
2 · Commercial Print Licence
Applies to: subscribers on the Misla Commercial plan, and only while a valid certificate is in force. The Commercial licence is an addition to the Personal Use Licence, not a replacement for it: every clause of section 1 still stands, except where section 2 says otherwise. Section 3 applies to both.
Section 2 is the part that a marketplace, a customer or a rights-holder can be shown. It is written to be read by somebody who is not a subscriber.
A holder of a Commercial licence is a business, not a consumer, and the consumer carve-outs in section 3 do not apply to the holder — though they continue to apply to the holder's own customers, under the holder's own law.
2.1 The certificate is the licence
The Commercial licence exists only in the form of a named certificate, issued to a named holder, carrying a serial that anybody can check. No certificate, no commercial rights — a Commercial subscription that has never had a certificate issued grants nothing beyond section 1.
Each certificate states, at a minimum: the holder's legal or trading name; the country of the holder; the plan; the scope (whole catalogue, or one named model); the dates it runs from and to; the version of these terms it was issued against; the serial; and a verification address.
Until Misla switches on live issuing, every certificate is issued as a specimen, is marked as such on its face, and grants nothing. This is enforced in code, not by promise.
Checking a certificate. Anybody may check a serial at the verification address printed on the certificate. The check answers with the status — valid, expired, revoked or unknown — the holder's name, the scope and the dates. Nothing else about the holder is disclosed. A certificate that reports anything other than valid confers no rights on the day it is checked. Clause 3.8 covers the data-protection side of publishing a name this way, and the consent Misla takes for it.
2.2 What the Commercial licence adds
While the certificate is valid, Misla grants the named holder a worldwide, non-exclusive, non-transferable licence to:
(a) Make and sell physical prints. Manufacture printed objects from the files within the certificate's scope, and sell them, hire them out, or supply them as part of a paid service — with no limit on the number of units, on any number of machines, in any material, through any sales channel, including physical shops, market stalls, commissions, wholesale and online marketplaces.
(b) Print for third parties. Take a paid order and produce a part for a customer of yours. The customer receives a physical object and no rights in the file.
(c) Modify for manufacture. Adapt the geometry for your process — tolerance, draft, seam placement, splitting for the bed, adding a joint, scaling — and sell the result. The original design stays Misla's, your own separate contribution stays yours, and clause 2.3(a) applies to your adaptation exactly as it applies to the original.
(d) Withdrawn. This clause used to permit a holder to flash the firmware supplied with a model, assemble the device and sell it working. It is withdrawn, and clause 2.3(h) now forbids the thing it used to allow. The reason is in clause 2.3(h) and it is not a drafting point.
(e) Use Misla's product images. You may use Misla's renders, datasheets and product photographs in your own listings, for items you make under this licence, provided the credit line in clause 2.4 appears alongside them. Misla may withdraw this permission for a particular image on thirty days' notice, and withdrawal does not affect listings you cannot reasonably edit in that time.
(f) Say so in public. You may state in your listings and on your shop that you make the item under a Misla Commercial Print Licence, and you may print the serial and the verification address. This is encouraged: it is the whole reason the certificate exists.
2.3 What the Commercial licence still does not allow
(a) The file never moves. Everything in clause 1.2(a) holds without change. Selling prints is not selling files. You must not supply, resell, publish or bundle the STL, the 3MF, the STEP, the G-code, the project file or a firmware binary, to a customer, a supplier, a subcontractor or anybody else. If you use a subcontractor to print, you remain responsible for the file: it stays under your control, on your account, and the subcontractor gets no rights.
(b) No sub-licensing, and one route for a sale of the business. You may not pass any part of this licence to another business, a franchisee or a group company. If your business is sold as a going concern, the licence may be transferred to the buyer with Misla's written consent, which Misla will not withhold unreasonably, on the buyer accepting these terms and a certificate being reissued in the buyer's name. A flat prohibition would be of doubtful enforceability in several places and would punish the outcome Misla wants for its customers.
(c) No claiming the design. You must not present yourself as the designer, register or attempt to register any right in the design, or file for a patent, design right or trade mark over it or over anything confusingly close to it.
(d) No trading as Misla. You must not use "Misla" or any Misla logo as your own shop name, product name, brand, domain, handle or account name, and you must not suggest that you are an official store, a distributor, a partner or an authorised reseller. Clause 2.4 sets out exactly how far you may go.
(e) No re-uploading, anywhere. You must not upload a file, or a derivative of one, to a print-on-demand service, a model marketplace, a 3D-printing service platform, an asset store, or a token or blockchain platform of any description.
(f) No misleading claims. You must not certify, imply or advertise any approval, rating or compliance that the design does not have — electrical, structural, toy-safety, food-contact, aquarium-safe, flame-retardant, medical or therapeutic. All of clause 1.5 applies to what you sell, and you are the manufacturer of the object you sell.
(g) No exclusivity. This licence is non-exclusive. Misla licenses the same models to other businesses, sells prints itself, and may publish any model for free at any time. You are not being sold a territory or a market.
(h) Nothing that carries mains voltage, assembled or otherwise. You must not build, assemble, energise, sell, hire out or supply any device made from a Misla file that connects to a mains supply, and you must not sell a printed part as an electrical enclosure, as insulation, or as protection against contact with live conductors. This holds whether the device works, whether you tested it, and whether you tell the buyer it is a kit.
This is the one prohibition in these texts that exists for somebody else's safety rather than for Misla's rights, and it is the reason clause 2.2(d) was withdrawn. A printed thermoplastic part is combustible, it is not rated to any standard, and a design that has not been built and measured on a bench is an engineering drawing rather than a product. Selling one energised puts a person in front of it. No licence fee buys that, and this clause is not negotiable at any price.
2.4 Attribution
Where your listing gives a design credit at all, it must credit Misla. The required form is:
Designed by Misla. Made under Misla Commercial Print Licence <serial>.
No credit is needed on the object itself, on its packaging, or in a listing that credits no designer at all. Do not put "Misla" in the title of the listing, in the brand field, or anywhere a shopper would read it as the name of the seller.
2.5 How long it lasts, and what happens at the end
The licence runs for the dates printed on the certificate, and is reissued for the next period each time the subscription renews. The serial stays the same for as long as the subscription runs without a break, so a listing that quotes it does not have to be edited every month.
When the subscription ends — you cancel, payment fails and is not recovered, or Misla withdraws the plan:
- The right to manufacture new units stops on the date the certificate expires.
- You may go on selling stock you had already manufactured on that date for 90 days, and you may fulfil orders already accepted and paid for. This is a sell-through allowance, not an extension: it does not allow one more print. To rely on it you must be able to show what you held on the expiry date; a dated stock count, kept in your own records, is enough, and Misla will not ask for anything more.
- Objects you had already sold stay lawfully sold, forever. Your customers keep what they bought, with no strings.
- The Personal Use Licence of section 1 continues to apply, perpetually, to the files you already downloaded — for your own, non-commercial use.
Revocation. Misla may revoke a certificate immediately, and the sell-through allowance does not apply, where the holder has distributed a file, misrepresented the licence or the design's authorship, reversed a payment fraudulently, sold outside the certificate's scope, or made a safety or compliance claim that clause 2.3(f) forbids. Misla will state the ground in writing. Revocation is recorded against the serial, and the verification address reports it from that moment on.
2.6 Records, and what Misla will not ask for
You keep a copy of your current certificate and produce it on request — from Misla, from a marketplace, or from a customer.
Misla asks for no sales reports, no unit counts, no royalties and no audit of your books. The plan is a flat fee and it is meant to stay that way. The only number Misla holds is the one on your subscription, and the stock count in clause 2.5 stays in your records and is shown only if you choose to rely on the sell-through.
2.7 Liability, and who the manufacturer is
Clause 1.5 applies in full, with one addition that matters more when money is involved: as between you and Misla, you are the manufacturer and the seller of every object you produce. Consumer law, product safety, conformity marking, labelling, import duty and tax in the place you sell are yours. You will indemnify Misla against claims arising from objects you made or sold, except to the extent the claim arises from the design itself being defective.
The liability cap in clause 1.5 applies to the Commercial licence too, subject to clause 3.5.
A warning rather than a term. Under the product liability rules now coming into force in the European Union, a digital manufacturing file supplied in the course of a commercial activity is itself capable of being a product, and the liability that attaches to a defective product cannot be excluded or limited by agreement. Nothing in clause 2.7 or in your indemnity changes that as against an injured person. Clause 3.5 states the same point as a term.
3 · Terms common to both licences
3.1 Governing law
These texts are governed by the law of Brazil, where the studio sits.
That choice is subject to clause 3.2 and to clause 3.3, and it is not an attempt to displace anything that cannot be displaced. Where you are a consumer, the choice of Brazilian law does not deprive you of the protection of the mandatory rules of the country where you live.
3.2 Where a dispute is heard
Misla may bring a claim only in the courts of the place where you are.
You may bring a claim either in the courts of Brazil or in the courts of the place where you are, at your choice.
This is written the way it is because the alternative does not work: a clause forcing a consumer to litigate in the supplier's home forum is unenforceable against a consumer in the European Union, is void as an abusive clause under Brazilian consumer law, and would be struck out in the United Kingdom. Writing it in Misla's favour would buy nothing and would cost the credibility of the rest of the document.
For a Commercial holder, which is a business rather than a consumer, the courts of Brazil have exclusive jurisdiction, and the previous paragraph does not apply.
3.3 Your consumer rights are untouched
Where you are a consumer, nothing in these texts reduces, removes or replaces any right you have under the mandatory consumer law of the country where you live. That includes, without narrowing anything:
- in the European Union and the European Economic Area, the rules on unfair terms in consumer contracts, the rules on the supply of digital content, and the right of withdrawal dealt with in clause 3.4;
- in the United Kingdom, the Consumer Rights Act;
- in Brazil, the Consumer Defence Code, including its list of abusive clauses;
- and the equivalent rules of Canada, Japan, Australia and anywhere else they apply to you.
Where a clause of these texts conflicts with such a right, the clause gives way to the extent of the conflict and stands for the rest.
Digital content that does not conform. If a file Misla supplies you does not match what the model page and the configurator said it would be, that is a conformity problem and your statutory remedies apply — a fix, a replacement, a reduction in price or an end to the contract, as your own law provides. Clause 1.5 disclaims warranties about fitness for your job, which Misla cannot judge; it does not disclaim, and cannot disclaim, that the file is what Misla said it was.
3.4 The right to change your mind, and why the site asks
Consumers in the European Union, the European Economic Area and the United Kingdom have a fourteen-day right of withdrawal from a distance contract. For digital content supplied immediately, that right falls away only if you gave prior express consent to the supply beginning at once and acknowledged that you would lose the right by doing so.
So the site asks, once, at the moment you first ask it to build a file, and it records the answer:
I ask Misla to begin building and supplying files now, and I understand that once the first download begins I lose my fourteen-day right to withdraw from the supply of those files.
It is asked once per account rather than once per file. A subscription is a standing arrangement to be supplied on demand, and asking the same question before every download would train you to click past it — which is the one thing a consent step must not do. The record keeps the date, the version of these terms you saw, and a fingerprint of the exact sentence above, so that a later rewording cannot be passed off as what you agreed to.
If you do not agree, nothing is built, nothing is counted against your allowance, and your subscription is untouched: you keep the fourteen days over everything that has not been supplied yet.
The third condition, and where it is met. Consent and acknowledgement are not enough on their own — the law also wants a confirmation on a durable medium before the supply begins. Misla sends that confirmation to the e-mail address on your account, and it is the only message of its kind. It is sent whether or not you want post from us, because it is part of what makes this agreement count. If Patreon gave us no address for your account, that confirmation cannot be sent, and the record says so.
Two things this does not do. It does not affect your withdrawal right over the subscription to the extent no file has yet been supplied. And it does not touch your conformity rights in clause 3.3 — withdrawal and conformity are different things, and losing one leaves the other whole.
3.5 What is never limited
Nothing in these texts limits or excludes liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation;
(c) liability for a defective product under the product liability rules of the place where the injured person is — including, in the European Union, the regime that expressly treats a digital manufacturing file supplied commercially as a product, and which does not permit that liability to be limited by agreement;
(d) gross negligence or wilful misconduct, where the law of the place of the dispute does not permit these to be limited;
(e) any other liability which the applicable law does not permit to be limited or excluded.
Clause 3.5 prevails over clauses 1.5 and 2.7 wherever they meet.
3.6 Rights-management information, and what Misla claims from it
Each file Misla supplies carries, in the space the format provides for it, a block of rights-management information: the name of the rights holder, the terms it was issued under, the version of those terms, a serial identifying the issue, and the address at which the terms and the serial can be checked. Where a model supports it, the file may also carry a forensic marking derived from that serial.
This block is rights-management information within the meaning of the provisions that protect such information — in the United States, the copyright management information provisions; in the European Union, the provisions on information for the management of rights; in Canada, the rights-management information provisions of the Copyright Act; in Japan, the provisions on rights management information; and in Brazil, the corresponding provision of the copyright statute. Removing it, altering it, or distributing a file from which it has been removed, is treated by those provisions as a wrong in its own right, separate from any copying. That is why clause 1.2(e) exists as a separate clause and is not folded into clause 1.2(a).
What Misla does not claim, and will not allege. Honesty here is worth more than reach:
- The marking is a forensic aid, not a copy-control measure. It restricts nothing, and Misla will not allege that removing it circumvents a technological protection measure.
- A file whose rights-management block is simply absent is not, by itself, evidence that anybody removed it. Files this project publishes openly carry an empty block by construction, and ordinary slicing, repair and format conversion strip it without anybody intending anything. Misla will not treat an absent block, on its own, as a ground for a complaint against anybody.
- Identification from a marking is statistical, and Misla will not present it as certainty. Where Misla says a file came from a particular account, it states the measure and the error rate it is relying on. Where the file is one that any subscriber asking for the same measurements would have received identically, Misla says how many accounts that is, because the honest answer is then "this identifies the configuration, not the person".
3.7 Text and data mining
Misla expressly reserves all rights of reproduction and extraction for the purposes of text and data mining, including for the training, fine-tuning and evaluation of machine-learning systems, in respect of every file, model, render, datasheet and page.
For files supplied to a subscriber, that reservation is made by clause 1.2(f) of this agreement, which is an appropriate manner of reserving rights for content that is not made publicly available online.
For anything Misla publishes openly — a free model on a sharing platform, a public page — the reservation is made additionally by machine-readable means, because for content made publicly available online a machine-readable reservation is what the European rules expect. A contract clause alone would not reach somebody who never entered into the contract.
3.8 Your data, and the certificate
Misla holds the smallest set of data that lets the subscription work: the identifier the payment platform gives it, an e-mail address, which plan you are on, and which models you have opened. The full list — what is kept, why, where and for how long — is in the privacy notice.
Inside the file, Misla puts no personal data at all — no name, no e-mail address, no account number, no address. The serial in the rights-management block is derived by a keyed one-way function, and it is meaningless to anybody without Misla's key.
The certificate is different, and deliberately so. Its whole purpose is to be shown, and it carries the holder's legal or trading name. Misla asks for the holder's consent to publish that name at the verification address at the point the certificate is issued, tells the holder plainly what will be visible to anybody holding the serial, and will not issue a certificate without it. Consent can be withdrawn, and withdrawing it ends the certificate — because a commercial licence that cannot be verified is not a commercial licence.
If Misla stops trading. The perpetual right in clause 1.1(b) does not depend on Misla existing, on the site being up, or on any certificate being checkable. It is a right over files you already hold, and nothing Misla does or fails to do later takes it away.
3.9 Severability, and the floor
If any clause of these texts is held void, unenforceable or unlawful in a particular place:
(a) it is treated as narrowed to the least extent that makes it enforceable there, and applied as narrowed;
(b) if it cannot be narrowed, it is treated as deleted for that place only, and the rest of the texts continue in force there and everywhere else;
(c) the deletion or narrowing of a clause in one place has no effect on the same clause anywhere else;
(d) and if everything else falls away, the floor is this: you may print for yourself and you may not pass on the file. That much is the bargain, and it is severable from every other word here.
Clause 0.1 is to be read with this clause: a holding that a particular model carries no copyright in a particular place narrows nothing, because the obligations are contractual.
3.10 Changing these terms
Misla may change these terms for future downloads, and will:
(a) publish the new version with a new version marker and a date;
(b) give thirty days' notice by e-mail before a change takes effect for an existing subscriber, where the change reduces the subscriber's rights;
(c) never apply a change retroactively to a file you have already downloaded — the version stamped in a file's rights-management block, and the version named on a certificate, are the version that governs that file or that certificate, permanently;
(d) and treat a change that reduces your rights as a ground for you to cancel without penalty, whatever the subscription period.
3.11 Language
These texts are written in English, and the English version governs. A translation may be provided for convenience. Where mandatory consumer law in your country requires terms to be supplied in your own language for them to bind you, that requirement prevails over this clause, and Misla will supply a translation on request.
3.12 Notices, and who Misla is
Misla is a trading name of:
Alexandre Ashade Lassance Cunha
CPF 113.430.317-37
Av. Presidente Wilson, 78/22 — Santos — SP — Brazil — CEP 11065-200
The licensor under both of these texts is that person, trading as a natural person under Brazilian law. Where these texts say "Misla", they mean him.
Notices to Misla go to that address, and to the e-mail address published on the site. Notices to you go to the e-mail address on your account.
Annex A · Jurisdiction notes
Notes, not advice, and the reason section 0.1 is written as it is. Each line needs local confirmation.
| Functional part | Artistic or decorative part | What the marking adds | |
|---|---|---|---|
| Brazil | Copyright over a purely utilitarian shape is doubtful; the industrial property route (registered industrial design) is the fit for shape as such. Contract and the penalty clause do the work. | Protected as a work. | Removal of rights-management information is dealt with by the copyright statute as its own wrong. |
| United States | A useful article is protected only as to features separable from its function. Many parts in this catalogue will have thin protection or none. | Protected. Registration is needed before suing, and affects statutory damages. | Copyright management information provisions give an independent claim with their own damages, and reach conduct that is hard to reach otherwise. |
| European Union / EEA | Originality is the test, and it can be met by a functional shape, but not automatically. Registered and unregistered design rights are the better fit, with short deadlines. | Protected. | Provisions on information for the management of rights give an independent claim. |
| United Kingdom | Similar shape to the EU on design right; unregistered design right has its own rules and terms. | Protected. | Equivalent provisions apply. |
| Canada | The Copyright Act limits copyright in a useful article once more than fifty copies are made; the Industrial Design Act is the route for shape. | Protected. | Rights-management information provisions give an independent claim. |
| Japan | Applied art reaches copyright only above a threshold that the case law sets high; the Design Act is the route for shape. | Protected. | Provisions on rights management information give an independent claim. |
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