July 10, 2006 11:33 am
STANDARD END USER LICENSE AGREEMENT
FOR RENDEROSITY MARKETPLACE PRODUCTS
a) It is the Buyer’s responsibility to completely read and understand this license (the “License”) before using any Renderosity Marketplace Product (the “Product”). If you (the “Buyer”) are unsure about anything in this License, please send an email to email@example.com before using any Renderosity files.
b) This is a legal and binding agreement between you (the “Buyer”) and Renderosity Marketplace, (“Renderosity”). By installing, downloading, copying, or otherwise using any Renderosity Product, the Buyer has conclusively agreed to and accepted all of the terms and conditions of this License. If you do not completely and unconditionally agree to all of these terms, do not purchase or download the Products. You may contact firstname.lastname@example.org within seven (7) days for a refund, if you do not agree and have not downloaded any of the Products.
c) Purchase of the Product from Renderosity grants the Buyer a Limited, Non-Exclusive, NON-Transferable License to use the contents of the Product files when in compliance with uses allowed in this License.
d) The Buyer retains this License, even if Renderosity or the Vendor stops selling the work at a later date, or decides to charge a different price.
e) Software programs, utility Products and Merchant Resources may have an additional license from the company or vendor that developed it. The Buyer agrees to be bound by any additional License of Software Programs or utilities.
f) For any Product to be considered a Software program, utility or Merchant Resource it must be clearly stated as such.
a) The Artist (“Vendor”) selling the Product has verified that all items in the Product files are his/her own original work. Any components of the Product containing work from third parties require documented proof of rights to use, and specifically list the resources used on the Product upload page at time of upload. All Renderosity Vendors represent and warrant that they legally possess the power to grant the Buyer this License for all enclosed materials at time of Product upload.
b) The Vendor selling the Product is the copyright holder and retains all copyrights to the Product and its files. The Buyer has not purchased any ownership rights of the content. The Buyer has purchased a license to use this content when incorporated into a new work.
3) ALLOWED USES OF THE STANDARD LICENSE:
a) The Buyer may use the Product personally or commercially in the form of rendered images and the Buyer has not violated any other terms of the License. Examples of some allowable Buyer uses are: advertising, rendered images, marketing materials, website image, icons, logos, e-publications, illustrations, animations, greeting cards, stickers, mouse pads, coffee mugs, t-shirts, 2D rendered images for games or backgrounds.
b) The Buyer may copyright any newly created work using the purchased Product files, provided all of the following are true:
1) The original Product files remain protected from being extracted,
2) The original Product files are NOT being distributed, even if in
a different file format.
3) The new work does not compete with the original Product,
4) And, the new work is uniquely different from the original Product.
c) The Buyer may backup copies of the Product’s files for personal archival purposes only. The backup copies may be stored on hard-drives, CD, DVD, networks or online provided that only the Buyer will have access to the backup files. Do not store on peer-to-peer or file sharing networks. Members will be banned for illegally sharing Renderosity Marketplace Product files.
d) An Extended License for additional uses at an additional cost may be available for some Products. Please contact Renderosity by email at email@example.com to purchase an Extended License or if you have any questions about the Standard or Extended Licenses.
4) PROHIBITED USES OF THE STANDARD LICENSE:
a) The Buyer shall not copy, modify, reverse compile, convert, reverse engineer, sell, sublicense, rent, or distribute Product, use Product for topology, create competing digital Products from Product, give (transfer) Product to anyone, or use Product in real-time rendering games (where the Product files are distributed), or make resources of the Product. PLEASE enquire about an Extended License if in question.
b) This License does not grant permission to produce a real, tangible Product or replica of the 3D mesh/model/Product acquired. Please email License@renderosity.com for an Extended License, if such licensing is needed.
c) The Buyer shall not redistribute the Product, in whole or in part, or in any file format (including no virtual world selling or redistribution), for sale or for free, and the new work does not violate any terms of this agreement.
d) The Buyer shall not store the Product any place where it could be used by another person or party. This includes not using on Second Life or other virtual worlds or in real-time rendering game where the Product files and license could be transferred to another person.
e) The Buyer shall not recreate the Product or convert to any other media format and re-distribute the files, regardless of whether it is for sale or free.
f) The Buyer shall not use the Product in such a way that the original materials could be extracted.
g) Products sold at Renderosity shall not be used for illegal purposes.
5) REFUNDS AND REVOCATION OF LICENSE:
a) Renderosity or the Vendor may revoke this License upon receipt of information that the Buyer has used the Product in violation of these terms and conditions, or any laws. Upon receipt of such notice to Buyer, the Buyer shall immediately delete all Product files contained in the notice, both in original and derivative form, from any back-up or online location.
b) If the Vendor shows that any of the original material can be extracted from the Buyer's derivative work, the Vendor may require both the original and derivative work, and all copies thereof, to be deleted. In such cases, the Buyer will be notified. Upon receipt of such notification, the Buyer shall immediately delete all Product files contained in the notice, both in original and derivative form. Depending on the situation, the Buyer may be banned from the site, and downloads may no longer be available.
c) Occasionally, Renderosity may discover a Product has violated our upload agreement terms, broken a law, or infringed on someone else’s rights. In such instances, Renderosity may notify the Buyer, refund the purchase, and the Buyer shall immediately delete all Product files contained in the notice, both in original and derivative form, and at any back-up location. Other minor cases may only require a Product Update. Therefore, it is important that the Buyer’s Renderosity Profile be kept up to date with correct contact information.
d) In the event the Buyer is not satisfied with the Product, a refund may be issued based upon Renderosity’s refund policy. Issuing refunds is at the discretion of the Vendor and/or the Renderosity Marketplace staff. Please contact the Vendor for support before requesting a refund. If a refund is issued, the Buyer shall immediately delete all Product files contained in the notice, both in original and derivative form, and at any back-up location.
6) NO WARRANTY ON PRODUCT:
THE PRODUCT AND RELATED SERVICES ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THE EXPRESS TERMS HEREOF. EXCEPT AS WARRANTED HEREIN, RENDEROSITY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE PRODUCT. THE PRODUCT IS LICENSED “AS IS” WITHOUT WARRANTY OF ANY KIND TO CUSTOMER OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OF THE PRODUCT, FITNESS FOR THE BUYER'S PURPOSE OR SYSTEM INTEGRATION; INFORMATIONAL CONTENT OR ACCURACY; NON-INFRINGEMENT; AND TITLE. THE BUYER AGREES THAT ANY EFFORTS BY RENDEROSITY TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY RENDEROSITY WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THE BUYER FURTHER AGREES THAT RENDEROSITY SHALL NOT BE LIABLE TO THE BUYER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THE LICENSE OR OTHERWISE, EVEN IF RENDEROSITY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. Some jurisdictions may not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not be applicable. In such jurisdictions, Renderosity’s liability shall be limited to the greatest extent permitted by applicable law.
The Buyer hereby agrees to indemnify Renderosity and its directors, officers, agents, and employees and to hold each of them harmless in all respects, including costs and attorney’s fees, from and against any and all claims, demands, suits, or causes of action of whatever kind or nature and resulting settlements, awards, or judgments resulting from any breach by the Buyer of the License. This indemnity shall survive the termination of the License.
8) GOVERNING LAW:
The License shall be governed by the laws of the State of Tennessee. For the purposes of the License, each party hereby consents to the personal jurisdiction and exclusive venue of any court located in Rutherford County, Tennessee.
9) FORCE MAJEURE:
No party will be liable for and shall be excused from any failure to deliver or perform or for delay in delivery or performance due to causes beyond its reasonable control, including but not limited to, work stoppages, shortages, civil disturbances, terrorist actions, transportation problems, interruptions of power or communications, failure or suppliers or subcontractors, natural disasters or other acts of God.
The provisions of this License are severable. If any provision of the License is for any reason held to be invalid, illegal, or unenforceable, the remaining provisions of this License shall be unimpaired and continue in full force and effect, and, to the maximum extent permitted by law, the invalid, illegal, or unenforceable provision shall be replaced by a mutually acceptable provision, which, being valid, legal, and enforceable, comes closest to the intention of the parties underlying the invalid, illegal, or unenforceable provision.