WEB STORE END USER LICENSE AGREEMENT
Parties / Subject Matter
This end user license agreement (“EULA”) is a non-exclusive, legally binding agreement between any individual or a single entity (“end-user”) that acquires an asset from the 3DModels-Textures web store and either
(i) 3DModels-Textures, 19320 Kladovo, Granicarska 10/3
(ii) any content creator that distributes assets via the 3DModels-Textures web store.
Content Creator EULA
Content creators are allowed to distribute their own content-creator-EULA to their customers.
In the event of any discrepancies between this EULA and any content creator EULA, the terms of this EULA that are or are intended to safeguard 3DModels-Textures's interests shall prevail over the terms of such content creator EULA and be enforceable between end user and 3DModels-Textures.
By installing, copying, accessing, downloading or otherwise using the Assets, the end user agrees to be bound the provisions of this EULA and the content creator EULA in the case such additional EULA exists.
The Assets are licensed, not sold.
Content Creator Liability
The content creator is considered as licensor of an asset and is responsible for any liability (including infringement of any intellectual property rights).
End User's Rights and Obligations
The end user may use the licensed Assets only for their intended purpose.
The end user gets a non-exclusive, worldwide, and perpetual license to the asset and is allowed to integrate assets as incorporated and embedded components of electronic games, videos, images and interactive media and distribute such electronic game, static and interactive media.
The end user may otherwise not reproduce, distribute, sublicense, rent, lease or lend the assets. Assets are intended to be integrated components comparable as a raw material.
Only end users are allowed to use the assets, so it is forbidden to share or pool the assets.
Assets are allowed to be duplicated to different hardware devices as long as such devices belong to the end user and are not available to third parties.
License Payment process has to be made through the web store to allow correct revenue counting.
Licensor’s Rights and Obligations
Licensor is offering support after the EULA has been accepted by the end user.
Without prejudice to any other rights, licensor may terminate this EULA if end user fails to comply with the terms and conditions of this EULA and the terms.
In the event that 3DModels-Textures makes a refund of the fees paid for any asset, then this EULA and all license rights shall terminate for such asset and the asset itself has to be deleted on any end user's hardware device.
Duplicating / Back Up Copy
The end user may not make copies of the assets, except as an external backup copy or integrated parts of his games, videos, images or interactive media. The backup copy must be stored off-line and in a safe place. If a backup copy exists then working data must be deleted after project completion. If several hardware devices are needed to process asset data then it is allowed to duplicate data to other end user's devices, but have to be deleted as soon as possible.
Updates and Support
If an update is available and applied then it replaces parts or the entire original asset. A new updated license may apply, if existing. Updates are optional except a content creator EULA tells otherwise.
Support is limited to providing a working asset package to the end user except there is another support agreement with licensor.
If asset is not working properly at customers hardware device then licensor will either
a) refund payment fees and terminate EULA within 7 working days after purchase; or
b) repair asset until it works properly at customers hardware device
The assets are protected by copyright laws as well as other intellectual property laws.
All intellectual property rights in and to the assets, describing materials and any copies of the assets are owned by the content creating licensor. All rights not yet granted are reserved by the licensor.
Disclaimer of Warranties
The end user agrees that an asset is provided from content creator as it. End user uses it as his/her own risk including the danger losing data or hardware components.
Limitation of Liability
Licensor total liability is limited to the amounts paid from the end user for the assets in the past six months.
Before agreeing to an asset license the end user has to check all applicable export laws that could restrict or forbid to use the desired asset.
This EULA and end user's relationship with the licensor under this EULA, shall be governed by the laws of Serbia.