IV. TERMS OF LICENSE AGREEMENT BETWEEN THE SELLER AND THE BUYER
1. General Terms of Licensing
1.1. Following the payment of any applicable license fee for Product, the Buyer acquires a license in accordance with the terms and conditions of this section. Any license rights relating to the Product are contingent upon the transfer of money (except for the free Products) from the Buyer to the Seller. All license rights terminate immediately and without notice if a sale is reversed for any reason.
1.2. Upon uploading the Product to the Site, the Seller shall indicate the terms of license, upon which a respective Product is licensed to the Buyer. If the Seller does not indicate any licensing conditions in his posting, terms of General license (see section 2 “General License”) shall be applicable. General license shall be applicable to Products that are made available for free download but the Seller’s, unless it is expressly indicated otherwise.
1.3. Certain Products with third party copyrighted or trademarked images, logos, brand names, etc., may require additional licensing, rights, permissions, releases, or clearance for non-editorial use. It is the sole responsibility of the Buyer and their legal advisor to determine, before purchasing, downloading or using any Product, whether additional licensing, rights, permissions, releases, or clearance are necessary for the intended use of Product. It is the Buyer’s sole responsibility to obtain any licensing, rights, permissions, or clearance. Buyers should understand additional licensing, rights, permissions, releases, or clearance may be relevant for Product, if the intended use involves religious groups or affiliations, pharmaceuticals, health care, tobacco, liquor, adult entertainment, personal hygiene, birth control, or any other area that could be considered sensitive, offensive, or immoral.
1.4. All licenses of the Products are non-transferrable. Buyers do not own any Product and are only licensed to use it in accordance with terms and conditions of the applicable license. Unless explicitly provided for in custom license terms set forth in the special area “Custom license terms” provided by 3DExport in the Product description section of the Site, the Seller retains copyright in Products purchased or downloaded by any Buyer.
1.5. The license to use the Product is non-exclusive, non-transferable and is granted only to you as the original Buyer.
1.6. Any Product, returned to 3DExport and (or) the Seller in accordance with applicable law for whatever reason must be destroyed by the Buyer immediately. The license to use any Product is revoked at the time Product is returned. Product obtained by means of theft or fraudulent activity of any kind is not granted a license.
1.7. By using the Site and (or) accepting this EULA the Seller agrees that any additional end user license agreements, licenses, custom licenses, or Seller requirements inserted into Seller Products in any area outside that explicitly provided by 3DExport for additional license terms are invalid, void ab initio, and without effect as they relate to those purchases made on the Site.
1.8. The license grant contained in this EULA can be terminated using the guidelines below. 3DExport reserves the right to terminate this agreement at any time and without notice if any Content submitted violates the representations and warranties of paragraph three (3) below. This agreement may be terminated at any time by either party upon written notice via email or regular mail. Nothing in this agreement shall be construed to mean that a Seller may not submit or delete Content from the material submitted by such Seller as part of general maintenance of such Seller’s account.
2. General License
2.1. Product may not be sold, given, or assigned to another person or entity in the form it is downloaded from the Site
2.2. The Buyer’s license to Product in this paragraph is strictly limited to Incorporated Product. Any use or republication, including sale or distribution of Product that is not Incorporated Product is strictly prohibited. For illustration, approved distribution or use of Product as Incorporated Product includes, but is not limited to: (1) as rendered still images or moving images; resold as part of a feature film, broadcast, or stock photography;
(2) as purchased by a game’s creators as part of a game if the Product is contained inside a proprietary format and displays inside the game during play, but not for users to re-package as goods distributed or sold inside a virtual world;
(3) as Product published within a book, poster, t-shirt or other item;
(4) as part of a physical object such as a toy, doll, or model.
2.3. If you use any Product in software products (such as video games, simulations, or VR-worlds) you must take all reasonable measures to prevent the end user from gaining access to the Product. Methods of safeguarding the Product include but are not limited to:
(1) using a proprietary disc format such as Xbox 360, Playstation 3, etc.;
(2) using a proprietary Product format;
(3) using a proprietary and/or password protected database or resource file that stores the Product data;
(4) encrypting the Product data.
2.4. Without prejudice to subparagraphs 2.1-2.3 of this paragraph, the Seller grants to the Buyer who purchases license rights to Product and uses it solely as Incorporated Product a non-exclusive, worldwide, license in any medium now known or hereinafter invented to:
(1) reproduce, post, promote, license, sell, publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes;
(2) use any trademarks, service marks or trade names incorporated in the Product in connection with Seller material;
(3) use the name and likeness of any individuals represented in the Product only in connection with Your material.
2.5. Absent a written grant of rights greater than that contained in paragraph 2 “General license”, all other rights or sub-divisions of rights generally included in copyright are excluded from this license and remain the property of Seller.
2.6. The resale or redistribution by the Buyer of any Product, obtained from the Site is expressly prohibited unless it is an Incorporated Product as licensed above.