Got3d.

END USER LICENSE AGREEMENT

Notice To User:

This is a legal agreement between you (hereinafter referred to as "the Licensee") and Got3d. If you are entering into this agreement on behalf of your employer, the license granted and restrictions and limitations recited herein apply to your employer as well as to you as a representative of your employer. Should you cease working for your employer, your employer may continue to operate under this agreement.

UPON OPENING A Got3d PRODUCT, OR RECEIVING BY ANY MEANS (electronic or otherwise), YOU AGREE TO ACCEPT AND BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. Once the delivery has been received, there can be NO REFUND.  Products that were damaged or incompletely downloaded can be replaced for little or no fee (shipping and handling charges at the discretion of Got3d) as indicated by the warranty by contacting Got3d support: support(at)got3d.com.

Copyright:
All computer software ("Software"), digital images ("Images"), printed materials (where applicable) and other files and materials received electronically or physically delivered  (collectively the "Content") is/are copyrighted. All rights to this Content are owned and reserved by Got3d except to the extent that the right to use such material is specifically granted by this license.  These rights are protected by United States copyright laws, international treaty provisions and other applicable laws.

Permitted Uses:
By accepting this Agreement, Got3d grants the Licensee the following rights and uses:

·          The non-exclusive, non-sublicensable right to use the Images on for use in Advertising, Print, Broadcast, Video, Promotions, Multimedia or the Web and any Test or Sample use.

·          The use of the Images or Content at one physical location by no more than 3 individual users (provided that all 3 are employed under contract to the licensee) per license unless otherwise specified in this Agreement.  Companies or organizations that consist of multiple, physically separate offices/locations must purchase at least 1 license per location where the content is to be used. 

·          A third party under the contract of the Licensee may make temporary copies of the Images for the sole purpose outputting a job (including network rendering and printing) provided by the Licensee.  The images may be retained by the third party only for the period of time required to complete the contracted job and may not be used for any other job or purpose.

·          The creation of one copy of the Images for backup or archival purposes.

Restrictions:

The specified restrictions include, but are not limited to the following:

·          You may not sell, rent, loan, sublicense or otherwise transfer to anyone either the Package or Content, or right to use the Content (except insofar as stated above), and nothing you produce shall grant or purport to grant to any third party a right to use or duplicate any textures or 3d models.

·          Use of the textures or 3d models, or any part thereof, as a trademark or service mark is not permitted.

·          Pornographic, defamatory or libelous use or use that is otherwise unlawful is prohibited. If any of the textures or 3d models featuring a person are used in a manner that implies endorsement, use of, or a connection to a product or service by that model, or a potentially unflattering or controversial subject, you must print a statement that indicates that the person is a model and is used for illustrative purposes only.

·          No textures or 3d models may be used, or in any derivative work maybe used, where value is the result of the textures or 3d models themselves.

·          No textures or 3d models may be sublicensed, resold or be redistributed in their original form or a form created solely to facilitate redistribution. For example only, and in no way limiting the foregoing, you may not place any of the textures or 3d models on an electronic bulletin board, within your software, web site or a form of on-line service.

Warranty:

Got3d warrants the textures and 3d models and/or disc to be free from defects in material and workmanship for 90 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the textures or 3d models or CD, at Got3d 's option. Got3d makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. You agree to indemnify and hold Got3d harmless against any damages or liability of any kind arising from any use of an texture or 3d model. Neither Got3d nor any of its directors, officers, employees, partners, licensers, or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, the CD or a texture or 3d model or any other damages arising out of this license or otherwise.

Governing Law:
This Agreement shall be governed by the laws of the Commonwealth of Kentucky, except its conflicts of law rules. Venue for any action respecting this Agreement, or use or attempted use if the Content, shall be in the Commonwealth of Kentucky.

Got3d has the right to automatically terminate this Agreement without notice if you, or your employer if you are licensing on behalf of your employer, fail to comply with any provision of this Agreement.