END-USER LICENSE AGREEMENT FOR UE4ARCH PRODUCTS
The following sets forth the terms and conditions of use of the UE4Arch Content and governs the relationship between UE4Arch as Licensor and the end-user of UE4Arch Products as Licensee.
For the purposes of the present License Agreement, the terms and the phrases listed bellow shall have the following meaning:
a. “Content” is a Content organized as a catalog of three-dimensional models of original interior design products (including but not limited to furniture, accessories, lamps, carpets, etc.), which are created by UE4Arch.
b. In this Agreement:“you” or the “Client” or the “End-user” means you or, if you are accepting on behalf of your employer or member account entity, then “you” means that employer or entity and affiliates; “UE4Arch” or “we” means UE4Arch Company., operator of the Site; and “Content” means any 3d file, image or any media or other material that you are downloading from the Site, together with any accompanying material. “Computer” is an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
2. License Terms
a. We hereby grant to you a perpetual, non-exclusive, non-transferable and non-sublicenseable worldwide license to use the Content for the Permitted Uses (as defined below). Unless the activity or use is a Permitted Use, it is a prohibited activity or use.
b. You may only use the Content for those advertising, promotional and other specified purposes which are Permitted Uses (as defined below). For clarity, you may not use the Content in products for resale, license or other distribution, or if the original Content has been fundamentally modified or transformed sufficiently that it constitutes an original work entitling the author or artist to copyright protection under applicable law, and where the primary value of such transformed or derivative work is not recognizable as the Content nor is the Content capable of being downloaded, extracted or accessed by a third party as a stand-alone file. For example, you may not superficially modify the Content and sell it to others for use, reproduction or re-sale.
c. Only you are permitted to use the Content, although you may transfer files containing Content or Permitted Derivative Works to your clients, computers, or ISP for the purpose of reproduction for Permitted Uses, provided that such parties shall have no further or additional rights to use the Content and cannot access or extract it from any file you provide. You may install and use the Content in only one location at a time, although subject to the Prohibited Uses and the other terms of this Agreement, you are entitled to utilize the Permitted Uses an unlimited number of times. You may physically transfer the Content and its archives from one location to another, in which case you may use the Content at the new location instead.
3. Permitted Uses
Subject to the restrictions described under Prohibited Uses below, the following are “Permitted Uses” of Content:
a. Advertising and promotional projects, such as CG visualizations, multimedia presentations, including film and video, commercials, broadcast and theatrical presentations;
b. On–line or electronic publications, including games, web pages and/or internet broadcast;
c. Any type of personal projects and/or artwork;
d. Any other uses approved in writing by UE4Arch.
e. In case of using UE4Arch assets on CG visualization projects, films, videos and games you should add the following text to the credits accompanying the model:
“One or more assets on this project/film/video/game have been created by UE4Arch.com. These assets may not be redistributed by default; please visit www.ue4arch.com for more information.”
If there is any doubt as to whether a proposed use is a Permitted Use, you should contact UE4Arch for guidance.
4. Prohibited Uses
You may not do anything with the Content that is not expressly permitted in the preceding Permitted Uses section. For greater certainty, the following are “Prohibited Uses” and you may not:
a. Use the Content in applications intended for resale;
b. Incorporate the Content in any product that results in a re-distribution or re-use of the Content or is otherwise made available in such a manner that a person can extract or access or reproduce the Content as an electronic file;
c. Remove any notice of copyright, trade-mark or other proprietary right from any place it has been fixed on or embedded in the Content;
d. Sub-license, re-sell, rent, lend, assign, give away or otherwise transfer or distribute the Content or the rights granted under this Agreement;
e. Install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users;
f. Use or display the Content in an electronic format that makes it possible for it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF UE4ARCH AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND UE4ARCH, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND UE4ARCH RELATING TO THE SUBJECT OF THIS AGREEMENT.
IN THE EVENT THAT YOU BREACH ANY OF THE TERMS OF THIS OR ANY OTHER AGREEMENT WITH UE4ARCH, UE4ARCH SHALL HAVE THE RIGHT TO DEACTIVATE YOUR ACCOUNT WITHOUT FURTHER NOTICE. SUCH DEACTIVATION SHALL BE IN ADDITION TO UE4ARCH OTHER RIGHTS AT LAW AND/OR EQUITY. UE4ARCH SHALL BE UNDER NO OBLIGATION TO REFUND ANY FEES PAID BY YOU IN THE EVENT THAT YOUR ACCOUNT HAS BEEN TERMINATED BY REASON OF BREACH, ANY SUCH BREACH OR BREACHES.
YOU UNDERSTAND THAT YOU SHOULD SEEK COMPETENT COUNSEL BEFORE USING THE CONTENT ON OR IN CONNECTION WITH ANY GOODS OR SERVICES OR FOR ANY OTHER COMMERCIAL PURPOSES.