CAD file Disclaimer: Do I need one?

A CAD (Computer-Aided Design) file is a digital representation of a 3D object. As an architect, designer or engineer, you may use CAD files to illustrate projects, create prototypes or models of products. CAD files can be created using specific software programs and if it’s not converted to PDF before sharing with another party, the CAD file remains editable. In this blog post, we’ll discuss why you should have CAD file Disclaimer when sending those out to your clients or contractors, and what are the most important items to include in the disclaimer. Read on to learn more! 

Why is it important to have a disclaimer in place when sending out a CAD file?

When sending a CAD file to another party, it is important to provide a disclaimer beforehand. This ensures that the recipient understands that the file is copyrighted material, that they are not authorised to reproduce or distribute it, and that there are some risks in using the file. 

CAD files are often shared with people who aren’t familiar with the design or manufacturing process. As an architect or designer, you may need to share a CAD file with your client, and they may be tempted to amend it themselves.  

By providing this notice, you can help to prevent the unauthorised use of your CAD file. In addition, the disclaimer will help to protect you from liability in case the file is used without your permission, or beyond the purpose you agreed to create the file for (like a building or a particular project).  

Having a tailored disclaimer is a simple and effective way to help safeguard your intellectual property rights, and protect you and your business from any issues arising from the use or amendments to the CAD file. 

What items should be covered in the CAD file disclaimer?

Parties involved

The parties bound by the disclaimer should be clearly indicated in the disclaimer. Whether you’re a sole trader or a company, the name of your entity and your ABN or ACN should be written down. If you’re unsure of your legal entity, conduct a quick search on the Australian Business Register. Your client or contractor’s details should also be mentioned as the party entering the agreement. 

Intellectual Property

This clause should state that you do not grant any intellectual property rights to the recipient of the file, and that you reserve all rights such as copyright and design rights. The purpose of this clause is to protect your rights in the CAD files, which may contain valuable trade secrets or other confidential information. You may grant a licence to the recipient to use the file, however by including this clause in the disclaimer, you ensure that your intellectual property rights aren’t transferred with the licence to use the file. 

Warranty

A warranty clause in a CAD file disclaimer should state that the recipient is solely responsible for any damages that may occur as a result of using the file. This means that if the recipient uses or amends a CAD file and something goes wrong, you cannot be held liable. The warranty clause should protect you from being held liable for any direct, indirect, special, incidental, or consequential damages arising out of the use of CAD file. The warranty clause is one of the most important clauses in a CAD file disclaimer, so you should consult with a lawyer to be sure that it protects you and your business in the event of a problem. 

Indemnity

An indemnity clause is a provision in the disclaimer that requires the other party to compensate you for any losses, damages and costs that may arise from their actions. For example: 

• amending the CAD file,  
• using the CAD file for another purpose that the specific project it has been created for, 
• commencing legal proceeding against you. etc  

This clause protects you as the CAD file provider from any liability that may result from the use of the file by your client. The user or recipient of the file agrees to indemnify you for any losses or damages that they may suffer as a result of using the file. 

Acknowledgment of understanding and signature

The acknowledgment of understanding states that the recipient understands the purpose of the disclaimer and its content. By executing the document, the user of the file agrees to the terms of the disclaimer and will not hold you, as the creator of the file, liable for any damages that may occur if the file is misused.  

Key Takeaways

A CAD file Disclaimer is important for various reasons. First, it protects your intellectual property and prevents others from using your design without permission or outside of the permitted purpose. Second, it ensures that you are legally covered if something goes wrong with the manufacturing or building process. Finally, it allows you to control how your design is used and who can access it.  

If you need a CAD file disclaimer, our team of experienced lawyers can help you get one quickly and easily. We can draft your CAD file Disclaimer for a fixed fee starting from $850 + GST. 

Just fill out the form on this page or give us a call on 1800 820 083 and we’ll take care of the rest. 

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