April 7, 2014 4:46 pm
EXTENDED 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 firstname.lastname@example.org 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 email@example.com 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 used 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, utilities and Merchant Resources.
f) For any Product to be considered a Merchant Resource, Software program or utility, 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 state 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 EXTENDED 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, icons, logos, e-publications, illustrations, animations, greeting cards, stickers, mouse pads, coffee mugs, t-shirts, 2D rendered images for games or backgrounds, 3d games in real-time renderings, or virtual worlds (with the exclusion of Second Life or anywhere the files uploaded by have ownership transferred).
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 new work does not compete with the original product,
3) 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.
d) The Buyer may use the Product to incorporate and embed into an electronic game or interactive media and distribute that new work provided there is encryption protection, the new work does not compete with the original, and the new work uses modifications of the original Product file(s).
e) The Buyer may produce a limited production run for a real, tangible product or replica of a 3d mesh, model, or Product. Production runs are limited to 100,000 items. An additional Extended License may be purchased for each production run of up to 100,000.
f) The Buyer may allow Buyer’s employees to use the Product only as needed when employee is working on a specific project for Buyer. The employee of Buyer must remove Product files when project is complete. Buyer’s employee may not use the Product for any other reason.
4) PROHIBITED USES OF THE EXTENDED LICENSE:
a) The Buyer shall not reverse compile, convert, reverse engineer, sublicense, distribute, use Product for topology, create competing products, transfer license, or make resources from the Product.
b) The Buyer shall not re-sell or re-produce the Product, and the new work does not violate any terms of this agreement.
c) Except for where specifically allowed in Part 3d above, the Buyer shall not redistribute the Product, in whole or in part, or in any file format, for sale or for free. The Buyer will not use Products as a starting point to create new Product.
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 world where license could be transferred.
e) Except for where specifically allowed in Part 3d above, 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 location, online location and/or employee computers.
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, and/or employee computers. 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 or online location or employee computers.
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 or online location or employee computers.
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.