BAMBU FARM MANAGER EULA AND SERVICE AGREEMENT

Last updated: 27 May, 2025

Welcome to Bambu Farm Manager!

The Bambu Farm Manager Service ("Service") is provided by Bambu Lab (see description in Section 13 (Terms and Definitions), hereinafter referred to as "Bambu Lab", "we" or "us"). Access to and use of the Service requires two software components: the Bambu Farm Server application and the Bambu Farm client application (collectively referred to as "Bambu Farm Manager," or the “Software"). The Software is necessary for you to use the Service and control Bambu hardware using the Service. Before using this Service, the User (hereinafter referred to as “You” or “User”) must read and agree to this Bambu Farm Manager EULA and Service Agreement and any other agreements, standards, rules, and policies of Bambu applicable to your use of the Service (hereinafter, collectively referred to as this “Agreement” or the “Service Agreement”).

This Agreement outlines the rights, obligations, and responsibilities you have when using this Service. Please carefully read the following terms of this Agreement. If you do not agree with these terms, you may not Install the Software or otherwise access or use the Service. By Installing or Activating the Software or accessing the Service, you agree to be bound by this Agreement. If you have objections to the terms of this Agreement, do not Install, Activate, or otherwise use this Service.

Important Notice:

  • If you are an Authorized User of this Service on behalf of an enterprise or organization, your enterprise or organization may have additional rules, policies, or requirements governing your use of the Service. If you have any questions regarding this Service or your organizational policies, please contact your enterprise or organization first.

1 Content and Effect of the Agreement

1.1 Contracting Parties

This Agreement is entered into by Bambu Lab and you. Once effective, it creates legal obligations between you and Bambu Lab. You also agree that, subject to applicable laws and regulations, the actual provider of this Service may be changed to an affiliate of Bambu Lab, and may vary based on your jurisdiction. In the event of any change, the affiliate will replace Bambu Lab as the contracting party under this Agreement.

You confirm that you are a natural person over the minimum age required by the laws of your country of residence to form a binding contract (the “age of majority”), or are a legal entity or other organization with full legal capacity to enter into and perform your obligations and exercise your rights under this Agreement. If you do not meet the aforementioned qualifications, you are not authorized to use this Service. If you use the Service without authorization, you and/or your guardian shall bear any adverse consequences resulting from your use of this Service, and we reserve the right to suspend or terminate your use of this Service without notice to you, cancel (permanently freeze) your account, and seek compensation from you and your guardian.

If you are registering an account, Installing the Software, and Activating this Service, or using this Service in any other manner permitted by us on behalf of an enterprise or other legal entity, you hereby represent and warrant that you are an authorized representative of that enterprise or legal entity. Please be aware that your acceptance of this Agreement binds the enterprise or legal entity you represent to the terms of this Agreement. Furthermore, you agree to ensure that the enterprise or legal entity you represent will fulfill the obligations and responsibilities under this Agreement.

If you have any questions regarding your qualification to use this Service on behalf of an entity, you may contact us at any time.

1.2 Separate Agreements

If you have procured this Service through a third party or an agreement between us and your employer, your use of the Service may be subject to the terms of the agreement between us and that party (“Separate Agreement”). You acknowledge and agree that if you are authorized or otherwise granted access to use this Service, you will still be bound by the Separate Agreement mentioned herein. To the extent of any conflict between the terms of this Agreement and the Separate Agreement, the terms of the Separate Agreement shall prevail.

1.3 Amendments to this Agreement

We reserve the right, at any time, to modify, alter, or update this Agreement without prior notice. We may make reasonable efforts to notify you of such updates where required by law. You may obtain the latest version of this Agreement and relevant information regarding modifications through our Official Website at any time.

If you do not agree with the content of the latest version of this Agreement, do not Install, Activate, or use the Service. Your continued use of the Service after such modifications constitutes your full understanding and acceptance of the latest version of the Service Agreement.

2.0 Our Services

2.1 Service Content

This Service may include, but is not limited to, features such as printer status display, batch issuance of control commands (e.g., batch issuance of print tasks, batch pausing of printing, batch stopping printing, and batch unloading commands), 3D print model file management, print task queue management, and viewing print records, among other services (the “Service Content”).

Due to variations in service resource allocation across different countries or regions, the version you Install, or the Services to which you subscribe (if applicable) or that we make available to you may vary, and your Service Content may not be consistent with that of other Users.

BAMBU LAB MAY OFFER THE SERVICES AND SOFTWARE WITHOUT CHARGE, FOR A FEE, OR MAY CHARGE A FEE TO CERTAIN USERS OR FOR CERTAIN USES (E.G. COMMERCIAL USES). BAMBU LAB RESERVES THE RIGHT TO AND MAY CHANGE THE LICENSE AND FEE STRUCTURE, CONDITIONS, AND WHICH USERS OR USES REQUIRE A FEE. WE WILL GIVE YOU REASONABLE ADVANCE NOTICE IF WE IMPLEMENT OR CHANGE ANY FEES PAYABLE FOR THE LICENSE TO THE SOFTWARE OR CONNECTED SERVICES.

2.2 Software Installation

You may download, Install, and Activate this Service through products or websites provided by Bambu Lab or its affiliated companies, and access and use the Service via the application, printers, or other permitted methods.

2.3 Service Updates

To improve the quality of this Service and enhance your experience, some or all of the Service, including its related Software, plugins, Service Content, and other features or functionality may be changed, upgraded, optimized, modified, or updated from time to time. We will notify you if we no longer support or require an upgrade to new versions. We recommend that you periodically visit our official website to stay informed about relevant updates. All updates to the Software and Services are subject to this Agreement and the EULA, as applicable.

Note: Please make sure to download the updated version of the Software promptly. If you continue to use an older version, some Service Content may become unavailable due to compatibility or other issues. We cannot guarantee that you will be able to connect to and use Service, and the Software may not function properly if you do not update to the most recent version of the Software.

2.4 Device and Network Requirements for Accessing the Service

This Service requires adequate network connectivity. All Software must be Activated, and used on compatible devices, including but not limited to supported operating systems and hardware. Network capacity (e.g., number of terminal devices, bandwidth), network stability (e.g., wireless connection stability), device processing power (e.g., CPU, memory), and device stability (e.g., power supply, system crashes) may all affect this Service. You are advised to fully understand these risks or limitations. We strongly recommend that you select an appropriate network plan and related devices based on the scale of printers in use and use compatible systems or devices when accessing this Service.

You acknowledge and agree that we are not responsible for any issues, or resulting losses, costs, or liabilities, arising from network equipment failures, software service or computer system failures, access delays or interruptions, computer viruses, hacker attacks leading to unauthorized use of your devices, or any security risks occurring during such use.

2.5 Third-Party Services or Content

The Service may be interoperate with any hardware, software, systems, services, or data not provided by Bambu Lab, or during the use of this Service, services or content provided independently by third parties may appear in various forms, or you may be redirected to third-party platforms or websites via links (“Third Party Services”).

Third-Party Services or content are independent of this Service. Before clicking to accept Third-Party Services or agreeing to be redirected to a third-party platform or official website, please carefully read the Third Party's service agreement and privacy policy.

Please note that we make no representations or warranties regarding such Third-Party Services, and you expressly agree to hold us harmless for any claims of any losses, damages, costs, or expenses of any nature that may result from any content, product, or service provided by any third party or use of your information by the provider of Third-Party Services.

2.6 Software License

The Bambu Farm Manager Software is licensed to you pursuant to the Bambu EULA attached as Addendum 1.

2.7 Service Support and Consultation

To improve the quality of our Service and enhance your user experience, we sincerely welcome any questions or suggestions you may have regarding this Service. You can contact us at https://bambulab.com/my/support/tickets/create.

3.0 Bambu Lab Accounts; Activation

 

3.1 General

In order to install the Software and configure the Service, you must be a registered User with a Bambu Lab Account (hereinafter "User Account"). You must also designate an administrator that is responsible for designating Authorized User Accounts and otherwise managing and administering your use of the Service (“Administrator”). All Administrators must have a User Account. User Accounts are subject to the Terms of Use.

To create any User Account, you must create a username and password (collectively "Login Information"). If you create a User Account, you agree to provide your valid email address, and any other information required in order to complete the User Account registration process. You also agree to provide accurate information and to keep such information current. You may not use a username that attempts to impersonate another person, or violates the rights of others, as determined in our sole discretion.

You may also create your User Account using a third-party login (such as a Google Account, an Apple ID, a Facebook account). The connection of your third-party account through a third-party login tool is governed by the applicable third-party terms and conditions. 

3.2 Activation

To use the Software and access the Service, the Administrator must Activate each installation of the Software using the Administrator’s User Account. During the Installation of the Bambu Farm Server Software, a unique identification ID (referred to as the Server ID) will be automatically generated and associated with the “Server Name” defined during installation. The Administrator must login via their User Account to submit an Activation request to Bambu Lab for each Server ID on which the Bambu Farm Service Software is installed. Upon review and approval of the Activation request, Bambu Lab will generate an Activation certificate. Once the Bambu Farm Server verifies the certificate, it will enable the authorized functions for Authorized Users and allow the Activation of Bambu Farm Server Software.

You agree and undertake not to engage in any of the following:

  1. Registering a User Account without using true, legal, accurate, and valid identification information;
  2. Using someone else’s identity information to register a User Account for yourself;
  3. Registering a User Account in the name of another person without their legal authorization;
  4. Registering multiple User Accounts with the same identity verification information (including situations where we determine, after review, that the same person effectively controls multiple accounts);
  5. Stealing or misappropriating another person’s User Account;
  6. Registering a User Account using words that are insulting, defamatory, pornographic, politically sensitive, or violate laws, morality, or public order and good customs;
  7. Maliciously exploiting website vulnerabilities or other methods to register a User Account with the intent to unlawfully obtain Bambu Farm Manager-related service resources by legitimate or illegitimate means; or
  8. Registering a User Account using other content, methods, and/or means that infringe upon the legitimate rights of others.

3.3 Real-Name Verification (if applicable)

In order to comply with certain local laws and regulations, we may require you to provide further business qualifications and information, as well as identification documents, to complete the qualification verification and identity authentication process for your User Account. You may only use this Service after completing the corresponding qualification verification and identity authentication. You understand and agree that we have the right, either ourselves or through third parties, to verify the authenticity, accuracy, and validity of the information you provide during qualification verification. You also understand and agree that if you fail to complete the verification as required by applicable laws and our policies, you will be unable to use this Service.

3.4 Ownership of User Account

All User Accounts registered under your name are owned by Bambu Lab. Upon completing the registration process, you obtain the right to use your User Account, and this right of use is exclusive to you. You are legally responsible for all activities and events conducted under your User Account. Without our prior written consent, you may not gift, lend, lease, transfer, or sell your User Account, or otherwise permit others to use it. Likewise, others may not use your User Account by receiving it as a gift, through leasing, transferring, or any other means.

If we have reasonable grounds to believe that the User of the Bambu Lab account is not you or otherwise is violating this Agreement, we reserve the right to immediately suspend or terminate the provision of Services to that User Account to ensure the security of the account and protect your legitimate rights. Any resulting loss, such as deletion or loss of your content, shall be borne by you.

3.5 Responsibility for User Account

You are solely responsible for maintaining the security of your Login Information and for any activities or actions occurring under your User Account, including activities conducted by Authorized Users (as defined in Section 4.1 Authorized Users).

If there is any unauthorized use, misuse, or any security incidents related to your User Account, please notify us immediately. In the event of any loss resulting from unauthorized use or misuse, we will not be held liable unless the loss is caused by our breach of this Agreement. However, please understand that you may be liable for any loss incurred by us or others as a result of such unauthorized use or misuse. We reserve the right to restrict or terminate your access to the Service or any part of it at any time for any reason. You agree that we may send you notices or other communications regarding the Service in electronic form.

You understand and agree that if we find that you have violated any applicable laws, regulations, or provisions of this Agreement, we may take measures such as prohibiting registration, denying access to the Service, restricting or freezing some or all of your User Account functions, up to and including termination of the Service and permanent closure of your User Account.

You are responsible for keeping your Login Information confidential and for immediately notifying us at support@bambulab.com, if your Login Information has been compromised.

3.6 Cancellation or Termination of User Account

You may voluntarily cancel your User Account. To do so, you can follow the account cancellation process on our official website (Profile settings — Delete Account) or contact us at support@bambulab.com for assistance.

Please note: To facilitate your login and use of products/services provided by us and our affiliate, MakerWorld (makerworld.com, the operator is MakerWorld Singapore Pte. Ltd., and makerworld.com.cn, the operator is Shenzhen Chuangke Technology Co., Ltd.), we adopt a unified account system. You can use your User Account to log in to and use both Bambu Lab and MakerWorld products/services. If you cancel your User Account through either service, it may affect your ability to use other products.

If your User Account is found to be in violation of Section 8.2 (Termination) of this Agreement or other provisions of this Service Agreement, we may terminate your User Account, which will prevent you from accessing and using this Service.

4.0 Authorized User Accounts

4.1 Authorized Users

When you first Activate the Bambu Farm Manager using your User Account, the system will automatically create a local Administrator account and require you to set a username and password. Administrators may authorize other users (hereinafter referred to as "Authorized Users") to use this Service by creating Authorized User Accounts and setting passwords for them.

You are solely responsible for entering into appropriate agreements with your Authorized Users, including without limitation, ensuring that Authorized Users agree to comply with this Agreement, acknowledge the relevant limitations and risks of using the software, and are bound by it. We have no obligation to resolve any disputes arising between you and any Authorized Users.

4.2 Local Passwords

You are solely responsible for maintaining the security of your Authorized User accounts and passwords. Authorized User accounts and passwords will be managed solely by you and stored only on the devices you have Activated. Bambu Lab will not collect, store, or otherwise process your Authorized User account information, and cannot recover Authorized User accounts.

5.0 User Code of Conduct

5.1 Compliance and Responsibility

You fully understand and agree that we are a service provider, and you are solely responsible for all actions and their consequences when using the Service. You further agree that, when using Bambu Farm Manager, you and your Authorized Users will strictly comply with this Agreement, and this Section 5 (“User Code of Conduct”).

5.2 Usage and Authorization

We grant you a non-exclusive, non-transferable, non-sublicensable (except as provided in Section 4.1 (Authorized Users) to access use the Service, and to Activate, use, or authorize the use of, or terminate the Service in accordance with this Agreement. Your License to the Software is subject to the EULA.

5.3 Prohibited Conduct

When accessing or using the Service, or allowing others to access or use the Service, you and your Authorized Users must not engage in the following conduct:

  1. Violate any local, national, or international laws, regulations, or other provisions;
  2. Infringe upon the rights of others, including but not limited to privacy rights or Intellectual Property rights;
  3. Transmit any data, send or upload any content containing viruses, worms, Trojan horses, time bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to negatively impact the operation or security of any computer hardware or software;
  4. Attack, interfere with, disrupt, or adversely affect any service, hardware, software, system, website, or network, including but not limited to using large-scale automated means (including robots, spiders, scripts, or similar data gathering or extraction methods) to access or attack any service, hardware, software, system, website, or network;
  5. Hack into this application or printers, or exploit vulnerabilities in any way;
  6. Access or attempt to access any part of the Service, accounts, or systems without authorization;
  7. Compromise or adversely affect the security or integrity of any service, hardware, software, system, website, or network;
  8. Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
  9. Attempt to obtain unauthorized access to the Service or portions thereof that are restricted from general access;
  10. Use any meta tags or any other “hidden text” utilizing our name, trademarks, or product names; or
  11. Attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Service.

Further, without our written consent, you may not:

  1. Reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any Bambu Lab content or any use of or access to the Service;

You fully understand and agree that you and your Authorized Users will use the Service only in a lawful manner and will not engage in any illegal or criminal activities through the Service, including but not limited to the infringement of intellectual property rights, the distribution of malware, conducting cyberattacks, or any other illegal activities as mentioned above. We shall not be liable for any losses or damages incurred by you as a result of your own illegal or criminal conduct.

5.4 Monitoring and Enforcement

We are under no obligation to investigate any violations of this Section 5 (User Code of Conduct) or any misuse of the Service, but we reserve the right to do so. If you engage in or are suspected of engaging in any violations, we may, at our sole discretion and depending on the severity of the situation, take actions without bearing any liability to you. Such actions include, but are not limited to, deleting, blocking, restricting access to, or terminating your User Account. These actions do not preclude us from seeking other remedies available by law.

6.0 Ownership and Intellectual Property

6.1 Trademarks

All slogans, trademarks, logos, graphics, and all other elements comprising or related to this Service are the property of Bambu Lab or its licensors (“Bambu IP”). Without Bambu Lab's prior written authorization, you may not display, use, or otherwise handle Bambu IP, nor may you represent to others that you have the right to display, use, or otherwise handle Bambu IP. Nothing in this Agreement shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Bambu IP without the written permission of Bambu Lab or other relevant parties.

You further agree not to dispute or make any claims regarding the trademarks owned by Bambu Lab, and you will not attempt to register any trademarks identical or substantially similar to Bambu Lab's trademarks, or those related to the Service or Software. If you engage in such conduct, you agree to transfer the relevant trademarks to Bambu Lab without charge upon our request.

6.2 Copyright and Other Intellectual Property

You agree that you shall not, nor shall you enable or allow others to:

  1. Modify or alter the Service;
  2. Disassemble, decompile, reverse-engineer, or copy any part of the Service or its related applications and printers, or apply any other program to obtain the source code contained within the Service;
  3. Distribute, resell, sublicense, or transfer the Service, except as otherwise provided in this Agreement or with the written consent of both parties;
  4. Access the Service for the following purposes:
    1. To develop a competing product or service;
    2. To copy any features, functions, or graphics of the Service.

6.3 Feedback and Suggestions

As between you and Bambu Lab, all suggestions, ideas, or other feedback you propose regarding the Service, Software, Documentation, or other materials or content provided to you by Bambu Lab (“Feedback”) are owned by Bambu Lab, and you hereby assign any right, title, and interest in and to any Feedback to Bambu Lab. To the extent you cannot grant us ownership of Feedback, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, and royalty-free license to use it to develop new features or enhance the performance, functionality, or security of the Software, Service, or for any other purpose. Additionally, you warrant that Your Feedback does not infringe upon the rights of any third party. Our licensors and any third-party service providers who may have an interest in such Feedback, in addition to any other rights or remedies available to them, are third-party beneficiaries of this EULA with regard to any Feedback in which they retain an interest. If your Feedback causes us to incur liability to a third party, we may seek compensation or other remedies from you.

7.0 Confidentiality

7.1 Confidential Information

"Confidential Information" refers to all information disclosed by one party ("Disclosing Party") to the other party ("Receiving Party") or to the employees, officers, customers, or suppliers of the Receiving Party (or its affiliates) in connection with the transactions related to this Agreement. This information may be disclosed before or after the effective date of this Agreement, in any media or form (including written, oral, visual, or electronic), and may or may not be marked or described as "confidential." Additionally, any information related to the Disclosing Party (or its affiliates), its employees, officers, customers, or suppliers that, based on the nature of the information and the context in which it is disclosed, should reasonably be understood as confidential, is considered Confidential Information. Confidential Information does not include information that:

  1. Is or becomes publicly known through no act or omission of the other party;
  2. Was in the other party's lawful possession prior to disclosure and without breach of any confidentiality obligations to the Disclosing Party;
  3. Is lawfully disclosed to the other party by a third party without any confidentiality obligation; or
  4. Is independently developed by the other party.

7.2 Protection of Confidential Information

Both parties agree to maintain the confidentiality of the other party's Confidential Information during the term of this Agreement and thereafter. Except as provided in Section 7.1 (Confidential Information) of this Agreement or with the prior written consent of the other party, neither party shall disclose the other party's Confidential Information to any third party. Both parties agree to take appropriate measures to protect the Confidential Information of the other party, with a level of protection no less than that used to protect their own Confidential Information.

7.3 Limited Disclosure

The Receiving Party may only disclose Confidential Information to employees, agents, or subcontractors who need to know such information and who are bound by confidentiality obligations no less stringent than those set forth in this Agreement. Unless otherwise authorized by the other party, both parties may only use the other party's Confidential Information for the purpose of fulfilling this Agreement. However, one party may disclose the other party's Confidential Information to the extent necessary to comply with requests of competent regulatory authorities or as required by law.

8.0 Term or Termination

8.1 Term

These Terms are effective from the first date you Install the Software or otherwise access the Service and shall remain in effect unless terminated in accordance with Sections 3.6 (Cancellation or Termination of User Account) or 8.2 (Termination).

8.2 Termination

You acknowledge and agree that if any of the scenarios described in Sections 8.2(a) through (f) occur, we will terminate your access to the Service, and upon the expiration of the Service, you will no longer be authorized to use the Software or access the Service:

  1. Your access to and use of the Service violates the User Code of Conduct in this Agreement or any applicable laws and regulations;
  2. Your access to and use of the Service poses a security risk to the Service, us, or third parties;
  3. Your access to and use of the Service may adversely affect the functionality, availability, or operation of the Service;
  4. Termination is required by applicable laws or government authorities;
  5. Your access to and use of the Service may expose us, our affiliates, or subcontractors to liability or regulatory compliance risks; or
  6. There are reasonable grounds to believe fraudulent activity is taking place.

Furthermore, breach of your obligations under any terms or conditions of this Agreement may result in the deactivation of your User Account and loss or restriction of access to the content associated with the Service. Once your User Account is terminated, you MUST stop using the Service and delete the Application and associated materials already copied and/or Installed on your Bambu Lab device or computer immediately.

8.3 Consequences of Termination

The termination of this Agreement shall not: Affect the rights and obligations of both parties that arose prior to the termination date or affect the continued validity of Sections 3 (Bambu Lab Account;Activation), 4 (Authorized User Accounts), 6 (Ownership and Intellectual Property), 7 (Confidentiality), 9.3 (Disclaimer), 9.4 (your Indemnification), 9.5 (Limitations of Liability), 11 (Dispute Settlement and Governing Laws), 12 (Miscellaneous), and 13 (Terms and Definitions), as well as any provisions necessary for the interpretation or enforcement of this Agreement.

9.0 Warranties, Indemnification, and Limitation of Liability

 

9.1 Representations of Both Parties

Both parties represent that they have lawfully and validly executed this Agreement and possess the necessary rights and authority to do so.

9.2 Your Representations and Warranties

You represent, warrant, and covenant that:

  1. You will comply with all applicable laws and regulations related to your activities under this Agreement;
  2. You will adhere to the Terms of Use when using the Service;
  3. Your use of the Service will not infringe upon the intellectual property rights or any other rights of any third party.

9.3 Disclaimer

EXCEPT AS SPECIFIED IN THIS AGREEMENT OR A SEPARATE AGREEMENT BETWEEN YOU AND BAMBU, THE SERVICE AND SOFTWARE IS PROVIDED SOLELY ON AN "AS IS" AND “WITH ALL FAULTS” BASIS, AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY BAMBU LAB AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SERVICE PROVIDERS, SPONSORS, CONTRACTORS AND AGENTS ("BAMBU LAB PARTIES"). TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR OTHERWISE ALLOW THE WAIVER OR DISCLAIMER OF CERTAIN WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE.

We expressly disclaim and will have no responsibility or liability whatsoever arising from Third Party Services.

9.4 Your Indemnification

You agree to indemnify us for any claims brought by third parties against us as a result of:

  1. Your illegal use of the Service or any use that violates the terms of this Agreement;
  2. Your use of third party services; or
  3. The conduct of your Authorized Users.

You further agree to defend us at your own expense in any related proceedings and to indemnify us for any losses incurred as a result of a final court judgment or settlement with a third party, including but not limited to damages, costs, and expenses we may incur in such proceedings.

Please note that if we are held liable for damages due to your actions, in addition to seeking indemnification from you, we may also, at our discretion, suspend or terminate your User Account, any Authorized User Account the Service, or this Agreement, and any fees you have paid will not be refunded.

9.5 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE BAMBU LAB PARTIES WILL NOT HAVE ANY LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), PRODUCT LIABILITY OR OTHER THEORY) FOR (I) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF THE USERS OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY LOSS OR IMPAIRMENT OF INCOME, REVENUE, DATA, PROFITS, OPPORTUNITIES, CUSTOMERS, GOODWILL, OR ANY ERRORS IN ANY OUTPUTS OF THE SERVICE, OR ANY CONNECTED HARDWARE OPERATED VIA THE SOFTWARE OR SERVICE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICE, OR SOFTWARE.

FURTHER, THE BAMBU LAB PARTIES AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE PRODUCT WILL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT OF FEES THE USERS HAVE ACTUALLY PAID TO US DURING THE TWELVE(12) MONTHS; OR (B) ONE HUNDRED (U.S.) DOLLARS. YOU AGREE THAT ALL CLAIMS MADE HEREUNDER BY THE USER AGAINST US WILL BE MADE WITHIN 120 DAYS OF THE ACT OR OMISSION THAT FORMS THE BASIS OF SUCH CLAIMS.

YOU UNDERSTAND AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:

"CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR."

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE THOSE LIMITATIONS MAY NOT FULLY APPLY TO YOU IF YOU RESIDE IN THOSE JURISDICTIONS. FURTHER, IF THE JURISDICTION IN WHICH YOU RESIDE DOES NOT ALLOW BAMBU LABS TO LIMITS ITS LIABILITY IN CASES OF: (I) DEATH OR PERSONAL INJURY, (II) FRAUDULENT MISREPRESENTATION, OR (III) OTHER LIABILITIES THAT THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, THEN THE FOREGOING WILL NOT APPLY TO THE EXTENT SUCH WAIVERS ARE NOT ALLOWED BY LAW.

10.0 Force Majeure

Neither party shall be liable for any acts, events, omissions, or accidents caused by events that are unforeseeable, unavoidable, and insurmountable, including but not limited to natural disasters (such as earthquakes, storms, or other acts of nature), acts of terrorism, war or acts resembling war, civil unrest or riots, electrical, network, or communication outages, blockades, embargoes, fires, floods, explosions, or malicious damage, factory or equipment failures, or changes in any laws, government orders, rules, regulations, directives, or industry standards. Both parties shall make reasonable efforts to mitigate the impact of the force majeure event. If such an event continues for more than 60 days, either party may cancel the unfulfilled services or terminate this Agreement by providing written notice. This clause does not exempt you from any payment obligations under this Agreement (if applicable).

11.0 Dispute Settlement and Governing Laws

The validation, interpretation, modification, fulfilment, and dispute settlement of these Terms are governed by the laws of Singapore. If any dispute arises concerning the content or performance of these Terms, the dispute shall be settled through friendly negotiation. In the event that the dispute cannot be settled through negotiation, either party could submit the dispute to Singapore International Arbitration Centre (SIAC) for arbitration which shall be conducted in accordance with the SIAC 's arbitration rules in effect at the time of applying for arbitration. The arbitral tribunal shall consist of three (3) arbitrators. Bambu Lab and you shall be entitled to appoint one arbitrator, and the third arbitrator shall be jointly appointed by SIAC. The language of the arbitration is English and is conducted in Singapore City, Singapore. All arbitrators must be proficient in English. The arbitral award is final and binding upon both Bambu Lab and you.

12.0 Miscellaneous

12.1 Entire Agreement

This Agreement collectively constitute the entire agreement between you and us regarding the Service, including but not limited to the Terms of Use. This Agreement supersedes, terminates, and replaces any prior or contemporaneous written or oral representations, communications, understandings, commitments, and agreements between you and us concerning the Service (including any ancillary agreements of any nature). Except as explicitly provided in this Agreement, both parties confirm that they have not relied on any oral or written representations, warranties, or promises made by the other party regarding the subject matter of this Agreement prior to its execution.

12.2 Relationship

Both parties are independent contractors. This Agreement does not create a partnership, joint venture, agency, or employment relationship between the parties.

12.3 Non-Transferability

You may not assign or otherwise transfer this Agreement, in whole or in part, to any third party, including your affiliates, without our prior written consent. We may assign or transfer any rights or obligations under this Agreement to our affiliates without your consent. We will notify you of such transfer through the website or other means prior to the effective date of the transfer.

12.4 No Third-Party Beneficiaries

Unless expressly stated otherwise in this Agreement, no person or entity who is not a party to this Agreement shall have any rights to enforce any of its terms.

12.5 Export Control and Sanctions Compliance

You are responsible for compliance with applicable international laws and regulations relating to export control, economic sanctions, or other laws or regulations applicable to you, including all United States Export Administration Laws and Regulations, the United States Treasury Department, the Office of Foreign Assets Control ("OFAC") or other similar laws ("Export Control Laws"). Any export or re-export of the products we provide, by you, directly or indirectly, in contravention of any Export Control Laws is prohibited. You are responsible for obtaining any required export authorizations, government approvals and licenses required by any Export Control Laws. You may not use the products or services we provide where such actions will result in your or Bambu Lab’s violation of Export Control Laws. By accessing or using the Bambu Farm Manager, you represent and warrant that you are not a citizen or resident of, and are not customarily resident in, any country or region that is subject to an embargo by the United States government or the European Union, that you are not listed as a sanctioned party on the list of specially designated nationals and blocked persons maintained by the United States (including OFAC) or similar sanction lists maintained by the European Union and other applicable governments and that you are purchasing and will use the Products and Services in compliance with all laws governing export control.

12.6 Notices

We may provide notices to you in accordance with this Agreement through the Service's official website or other forms. Unless otherwise specified in this Agreement, any notices issued through the website will take effect upon publication, notices sent by email will take effect when we send the email (regardless of whether you receive or read it), and SMS notices will take effect at the time of sending. Please ensure that your email address and phone number are kept up to date.

12.7 Contact

If you have any questions about this Agreement, feedback on the Service, or wish to report any violations of laws, regulations, or infringement, you can contact us at https://bambulab.com/support.

12.8 No Waiver

Failure to enforce any provision of this Agreement shall not constitute a waiver of that provision, nor shall it limit the right to enforce that provision in the future. A waiver of any breach of this Agreement shall not be deemed a waiver of any subsequent breach of the same provision or any other provision.

12.9 Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Any invalid or unenforceable provision shall be replaced by a provision that aligns with the purpose and intent of this Agreement.

13.0 Terms and Definitions

 

13.1 Activation means the process of obtaining an authorization certificate or key necessary to operate the software and connect to the Service.

13.2 “Affiliate” refers to any individual, organization, or entity that controls, is controlled by, or is under common control with Bambu Lab. For the purposes of this definition, “control” means the power to direct or influence the activities, management, or policies of another person, organization, or entity, whether directly or indirectly, through ownership of voting securities, by contract, or otherwise. Additionally, a person, organization, or entity will be deemed to have control if it: (a) owns more than fifty percent (50%) of the issued voting stock or other ownership interest, or (b) directly or indirectly holds the power to elect or appoint more than fifty percent (50%) of the members of the governing body.

13.3 Bambu Lab” if you are located in United States, “Bambu Lab” refers to “Bambulab USA Inc”. If you are located in Europe, “Bambu Lab” refers to “Bambulab GmbH”. If you are located in Japan, “Bambu Lab” refers to “Bambu Japan 株式会社”. If you are located in Australia, “Bambu Lab” refers to “TUOZHU TECHNOLOGY LIMITED”. If you are located in any other territory, “Bambu Lab” refers to “BAMBULAB LIMITED”, the registered address is located at RM D 10/F TOWER A BILLION CTR1 WANG KWONG RD KOWLOON BAY KL.

13.4 ”Install” or “Installation” means the process of copying from a storage medium (such as a USB drive, network, etc.) onto a computer or other persistent storage device and executing the installation package for the Software, and agreeing to this Agreement, thereby enabling the Software to run on a device.

13.5 ”Intellectual Property” refers to:

  1. Patents, inventions, designs, copyrights and related rights (including moral rights), database rights, trademarks, service marks, and trade names (whether registered or not), and the rights to apply for registration;
  2. Exclusive rights to domain names;
  3. Know-how and confidential information;
  4. Applications, extensions, and renewals related to any of the above rights; and
  5. All other intellectual property rights of a similar nature or having an equivalent effect anywhere in the world.

13.6 Official Website” refers to the Bambu Lab official website at https://bambulab.com.

13.7 Service” refers to the content described in Section 2.1 (Service Content) of this Agreement, and you may also review our service descriptions on our official website.

13.8 Third-Party Services or Content” refers to any third-party software, data, interfaces, or other products that you Install, use, or download in connection with the Service, or any data, services, or content you access by following links to third-party platforms.

13.9 User” refers to any enterprise, organization, or individual that has completed the Installation and Activation process as stipulated in this Agreement and is authorized to access and use the Service.

ADDENDUM 1 – END USER LICENSE AGREEMENT (“EULA”)

 

PLEASE READ THIS EULA CAREFULLY. BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, YOU AGREE TO THIS EULA. THIS EULA IS INCORPORATED INTO THE BAMBU FARM MANAGER SERVICE AGREEMENT AND EULA (THE “SERVICE AGREEMENT”) AND YOU AGREE TO THE AGREEMENT THROUGH YOUR AGREEMENT TO THIS EULA. IF YOU ENTER INTO A SEPARATE AGREEMENT WITH BAMBU THAT APPLIES TO THE SOFTWARE OR SERVICE, THAT AGREEMENT WILL CONTROL TO THE EXTENT OF ANY CONFLICT WITH THIS EULA.

1.0 License and Restrictions

1.1 License Grant. Conditioned on your compliance with this EULA and the Service Agreement, Bambu Lab grants you a non-exclusive, non-transferable, non-sublicensable right to install and use the Software in object code form and to use the Documentation for your internal business purposes, and only to operate genuine Bambu Lab hardware and to access the connected Services offered by Bambu Lab.

 

1.2 Usage Limits. You must use Software in accordance with the specific license use restrictions applicable to your license (“Usage Limits”). In the event you exceed the Usage Limits, the Software, or your ability to access the Service using the Software, may be disabled, and you may be required to bring your use of the Software into conformity with applicable Usage Limits before you may continue using the Software or accessing the Service using the Software. Bambu Lab may offer the Software and connected Services without charge, for a fee, or may charge a fee to certain users or for certain uses (e.g. commercial uses). Bambu Lab reserves the right to and may change the license and fee structure, conditions, and which users or users require a fee. We will give you reasonable advance notice if we implement or change any fees payable for the license to the Software or connected Services.

1.3 Installation Authorization; Copies. You may install the Software only on hardware that you own or that is licensed to you and that is operated in compliance with all applicable Bambu Lab policies and agreements. You are permitted to make copies of the Software and Documentation for your own use in accordance with this EULA, subject to any Usage Limits. Any copies or partial copies of the Software and Documentation that you make remain Bambu Lab's intellectual property and must incorporate all relevant patent, copyright and trademark notices.

1.4 IP Rights; Reservation. This EULA is a license. The Software is not sold and you obtain no title to the Software or intellectual property rights in or to the Software. You obtain no rights in the Software other than the express rights granted in this EULA. No licenses are granted by implication, estoppel or otherwise. Bambu Lab expressly reserves all other right, title, and interest in and to the Software. The Software is also protected by patent, copyright, trademark, trade secret, and other laws.

 

1.5 Feedback. As between you and Bambu Lab, all suggestions, ideas, or other feedback you propose regarding the Service, Software, Documentation, or other materials or content provided to you by Bambu Lab (“Feedback”) are owned by Bambu Lab, and you hereby assign any right, title, and interest in and to any Feedback to Bambu Lab. To the extent you cannot grant us ownership of Feedback, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, and royalty-free license to use it to develop new features or enhance the performance, functionality, or security of the Software, Service, or for any other purpose. Additionally, you warrant that Your Feedback does not infringe upon the rights of any third party. Our licensors and any third-party service providers who may have an interest in such Feedback, in addition to any other rights or remedies available to them, are third-party beneficiaries of this EULA with regard to any Feedback in which they retain an interest. If your Feedback causes us to incur liability to a third party, we may seek compensation or other remedies from you.

 

1.6 Other Software. For purposes of this EULA, "Software" shall include (and the terms and conditions of this EULA shall apply to) computer programs, including firmware, as provided to you by Bambu Lab, and any upgrades, updates, bug fixes or modified versions thereto (collectively, "Upgrades") or backup copies of any of the foregoing.

 

2.0 Prohibited Uses.

 

Without Bambu Lab’s prior express written consent, you may not (directly or indirectly through any employee, contractor, consultant, agent or other representative): (a) resell, transfer, share, or make the Software or Activation keys available to any third party (including, without limitation, sharing license keys on any website, forum or social media); (b) operate the Software on behalf of a third party, sublicense, rent or lease, in whole or in part, the Software to another party, or otherwise use the Software on a service bureau basis, without purchasing a specific license to do so; (c) decipher, decompile, disassemble, reverse assemble, reverse engineer, modify, or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of the Software, including any license keys, in whole or in part, for any purpose or in any manner (except to the extent such prohibition is expressly prohibited by law); (d) write or develop any derivative software or documentation or other software programs based upon the Software or Documentation; (e) use the Software or Documentation in violation of any applicable laws or regulations; or (f) disclose, transfer or otherwise make available the results of any performance, capacity or functionality tests or any benchmark testing of the Software to any third party.

 

3.0 Maintenance and Support.

 

Unless you enter into a support agreement with Bambu Lab, support for the Software is available on an “as available” basis. You may email us at [support@bambulab.com] with support requests.

 

4.0 Data Collection.

 

4.1 Mandatory Data Collection. The Software requires Activation, and the Activation process may involve the transfer of certain technical data to Bambu Lab (e.g. hardware ID for endpoints or servers) and certain reporting regarding installation and use (e.g. type and number of printers) necessary to ensure that the use of the Software is authorized under this license. This data collection is always on and cannot be disabled.

4.2 Bambu Farm Manager User Experience Improvement Program. When using the service of Bambu Farm Farm Manager, you may opt to participate in the Bambu Farm Manager User Experience Improvement Program. If you actively opt-in to the Bambu Farm Manager User Experience Improvement Program, we will collect the following data for analytical and service enhancement purposes:

  1. Server ID;
  2. Statistical information from the Bambu Farm server, including: cumulative software usage duration, number of print jobs executed, quantity of connected printers, frequently used functionalities, error causes within specified printer operation periods, regional information (country/territory level).

This data collection is solely for understanding service usage patterns and user experience analysis, thereby facilitating service development and optimization.

Your participation is voluntary. If you choose not to join the program, we will not collect the above information and you will not be subject to data collection under this initiative, and your access to the core functionalities of the service will remain unaffected.

 

5.0 Open Source Software.

 

We may include various open-source software components in or with the Software (collectively, “OSS”), each of which is owned by a third-party and is subject to its own applicable license terms and conditions. All OSS is provided on an “as-is” basis, and Bambu Lab makes no express or implied warranties of any kind with respect thereto and assumes no liability for any damages regarding the use or operation of any such OSS. Information regarding any OSS will be made available in the Documentation, license, or read me files, as appropriate.

 

6.0 Export Control and Sanctions Compliance.

 

You are responsible for compliance with applicable international laws and regulations relating to export control, economic sanctions, or other laws or regulations applicable to you, including all United States Export Administration Laws and Regulations, the United States Treasury Department, the Office of Foreign Assets Control ("OFAC") or other similar laws ("Export Control Laws"). Any export or re-export of the Software, by you, directly or indirectly, in contravention of any Export Control Laws is prohibited. You are responsible for obtaining any required export authorizations, government approvals and licenses required by any Export Control Laws. You may not use the products or services we provide where such actions will result in your or Bambu Lab’s violation of Export Control Laws. By accessing or using the Bambu Farm Manager, you represent and warrant that you are not a citizen or resident of, and are not customarily resident in, any country or region that is subject to an embargo by the United States government or the European Union, that you are not listed as a sanctioned party on the list of specially designated nationals and blocked persons maintained by the United States (including OFAC) or similar sanction lists maintained by the European Union and other applicable governments and that you are purchasing and will use the Products and Services in compliance with all laws governing export control.

 

7.0 DISCLAIMER OF WARRANTY.

 

EXCEPT AS SPECIFIED IN THIS AGREEMENT OR A WRITTEN AGREEMENT BETWEEN YOU AND BAMBU, THE SOFTWARE IS PROVIDED SOLELY ON AN "AS IS" AND “WITH ALL FAULTS” BASIS, AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY BAMBU LAB AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SERVICE PROVIDERS, SPONSORS, CONTRACTORS AND AGENTS ("BAMBU LAB PARTIES"). TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR OTHERWISE ALLOW THE WAIVER OR DISCLAIMER OF CERTAIN WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE.

 

8.0 LIMITATION OF LIABILITY.

 

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE BAMBU LAB PARTIES WILL NOT HAVE ANY LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), PRODUCT LIABILITY OR OTHER THEORY) FOR (I) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF THE USERS OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY LOSS OR IMPAIRMENT OF INCOME, REVENUE, DATA, PROFITS, OPPORTUNITIES, CUSTOMERS, GOODWILL, OR ANY ERRORS IN ANY OUTPUTS OF THE SERVICE, OR ANY CONNECTED HARDWARE OPERATED VIA THE SOFTWARE OR SERVICE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICE, OR SOFTWARE.

 

FURTHER, THE BAMBU LAB PARTIES AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE PRODUCT WILL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT OF FEES THE USERS HAVE ACTUALLY PAID TO US DURING THE TWELVE(12) MONTHS; OR (B) ONE HUNDRED (U.S.) DOLLARS. YOU AGREE THAT ALL CLAIMS MADE HEREUNDER BY THE USER AGAINST US WILL BE MADE WITHIN 120 DAYS OF THE ACT OR OMISSION THAT FORMS THE BASIS OF SUCH CLAIMS.

 

YOU UNDERSTAND AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:

 

"CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR."

 

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE THOSE LIMITATIONS MAY NOT FULLY APPLY TO YOU IF YOU ACQUIRE THE SOFTWARE IN THOSE JURISDICTIONS. FURTHER, IF THE JURISDICTION IN WHICH YOU ACQUIRE THE SOFTWARE DOES NOT ALLOW BAMBU TO LIMITS ITS LIABILITY IN CASES OF: (I) DEATH OR PERSONAL INJURY, (II) FRAUDULENT MISREPRESENTATION, OR (III) OTHER LIABILITIES THAT THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, THEN THE FOREGOING WILL NOT APPLY TO THE EXTENT SUCH WAIVERS ARE NOT ALLOWED BY LAW.