End User License Agreement for 3D assets ("EULA", "License")
Last Update: August 27th, 2024
SUMMARY (does not replace reading the entire document): the license is perpetual, and you can make commercial use of your 2D renderings. You are NOT allowed to redistribute the models/textures/data, nor create derivatives of it.
It is your responsibility, as the "Buyer" ("You"), to read and understand this End User License Agreement ("EULA", "License"). By placing an order and completing its payment you agree to be bound by and respect these terms when using a downloadable item ("Product") sold by the EVargas' Store ("Store", "Seller", "We", "Us") that references this document. If you have any doubts about this document, please send an email to license[at]evargas.art for clarification.
This document serves as legal and binding agreement between Buyer and Seller. By installing, downloading, copying or using any Product, the Buyer has agreed to and accepted the terms and conditions of this license.
Definitions
"3D Asset" means a package of digital files that represent elements (real or fictional) in a three-dimensional space. They contain data files that define the shape and texture of the represented objects, in order to allow their rendering (the process of creating a 2D image from 3D models).
"Product" means a 3D Asset purchased by the Buyer from the Store, and which references this document on its sales page or in its content or data.
Grant of license
Purchase of the Product grants the Buyer a LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE license to use the contents of the Product, only in compliance with uses allowed in this license. The Buyer retains this license (as long as the terms are respected), even if the Store stops selling the work at a later date or decides to charge a different price.
In cases where a product requires a different license, this will be clearly indicated and the Buyer hereby agrees to be bound by any additional license.
Ownership
The Seller declares that all items in the Product files are his own original work. In cases where third party resources were used, the Seller declares having the rights to use it, without in any way harming the rights of third parties.
The Seller is the copyright holder and retains all copyright in the Product and its files. The Buyer has not acquired any ownership rights to the content. The Buyer has acquired only a license to use this content when incorporated into a new work, provided that it respects the terms of this document.
Permitted use cases
This license allows personal and commercial use of the product, only in the form of rendered images. Examples include: advertising banners, website images and logos, icons, computer wallpapers, arts for printing, t-shirt stamps and similars.
Buyer may copyright his/her "new work", which used Product purchased from the Store, provided ALL of the following are true:
- The Product, in its original form, cannot be extracted;
- The Product, in its original form, is not being distributed in any way or form;
- There must be no conflict of interest, in other words, the new work must not compete with the original Product;
- The new work must be clearly differentiable from the original, possessing characteristics that make it unique.
Buyer may make copies of Product files for personal archival purposes only, provided that only Buyer has access to the backup files. Please be advised that a Buyer can be banned for illegally sharing Product files, without prejudice of legal action when applicable.
Prohibited use cases
- Buyer shall NOT copy, alter, convert, reverse engineer, donate, sell, sublicense, rent or distribute the Product;
- Buyer shall NOT use the Product for retopology, create competitive Products from it, share the Product with anyone, or use the Product in real-time rendering games (where the Product files are distributed) or create resources from the Product;
- Buyer shall NOT produce a digital or physical replica of the Product acquired;
- Buyer shall NOT redistribute the Product, in whole or in part, or in any file format, for sale or for free;
- Buyer shall NOT archive the Product in any place where it could be used by another person or party;
- 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;
- Buyer shall NOT use the Product in such a way that the original data could be extracted;
- Buyer shall NOT use the Product for illegal purposes.
Refunds, revogation and no warranty
No refunds. Due to the digital nature of the products, all sales are final. Once you have gained access to a product, we are unable to offer refunds, exchanges, or cancellations. By making a purchase, you agree to these terms.
Seller may revoke this license upon receiving information that Buyer has used the Product in violation of these terms or any laws. Buyer, upon being notified of such, shall immediately delete all Product files listed in the notification, in both original and derived form, from any local backup or online storage. In some situations, at the Store's discretion, the Buyer may be banned from the Store and downloads may no longer be available.
In the event that the Store has noticed a Product in violation of these terms, third-party terms, broken a law, or infringed on someone else’s rights, the Store may notify the Buyer and issue a discount coupon as a form of refund. If such event occur, the Buyer shall immediately delete all Product files contained in the notice, both in original and derivative form, and at any backup location.
The warranty for products and/or services is limited to the terms expressed herein. The license is granted for the product "AS IS". There are no express or implied warranties of product merchantability, fitness for Buyer's particular purpose, system integration, informational content or accuracy and non-infringement.
Buyer agrees that Seller is not and will not be liable to Buyer or any third party for any loss of profits, loss of use, business interruption, or any direct, indirect, incidental or consequential damages of any kind, whether under the license or otherwise. This statement survives even if Seller has been advised of the possibility of such damages or has been grossly negligent.
Indemnity, law and jurisdiction and final terms
YOU HEREBY INDEMNIFY THE SELLER AND UNDERTAKE TO KEEP THE SELLER INDEMNIFIED AGAINST ANY LOSSES, DAMAGES, COSTS, LIABILITIES AND EXPENSES (INCLUDING WITHOUT LIMITATION LEGAL EXPENSES AND ANY AMOUNTS PAID BY THE SELLER TO A THIRD PARTY IN SETTLEMENT OF A CLAIM OR DISPUTE ON THE ADVICE OF THE SELLER’S LEGAL ADVISERS) INCURRED OR SUFFERED BY THE SELLER ARISING OUT OF ANY BREACH BY YOU OF ANY PROVISION OF THESE TERMS, OR ARISING OUT OF ANY CLAIM THAT YOU HAVE BREACHED ANY PROVISION OF THESE TERMS AND CONDITIONS. THIS INDEMNITY SHALL SURVIVE THE TERMINATION OF THE LICENSE. SELLER AND BUYER WILL BE HARMLESS FROM ANY FAILURE TO DELIVER OR PERFORM OR FOR DELAY IN DELIVERY OR PERFORMANCE DUE TO CAUSES BEYOND THEIR REASONABLE CONTROL. EXAMPLES OF SITUATIONS DESCRIBED AS "FORCE MAJEURE" ARE: WORK STOPPAGES, TERRORIST ACTIONS, POWER OUTAGES, AMONG OTHERS.
These terms will be governed by and construed in accordance with governing law and any disputes relating to these terms will be subject to the non-exclusive jurisdiction of the courts of Brazil. These terms may be updated without prior notice.
