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Bluebrain3D END USER LICENSE AGREEMENT

BY CREATING A MEMBER ACCOUNT OR PURCHASING CONTENT FROM Bluebrain3D YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH OR UNDERSTAND THESE TERMS AND CONDITIONS YOU SHOULD NOT USE THE Bluebrain3D MEMBER SERVICES OR PURCHASE CONTENT FROM Bluebrain3D.

DEFINITIONS:

  1. Content or The Models - refers to any material published at Bluebrain3D including but not limited to 3D models, textures, materials, and images.

  2. Member - refers to any person who creates a member account at Bluebrain3D and/or any person or business who purchases Content at Bluebrain3D.

  3. Vendor - refers to a Member who publishes content at Bluebrain3D.

  4. Royalty Free - refers to a one-time usage fee as distinguished from a recurring rights fee.

  5. Membership Services - refers to transfer and/or purchase of content to and from Bluebrain3D via the Bluebrain3D Website.

  6. For Sale - refers to content that requires a purchase of license rights, as distinguished from content available for free download.

  7. Valid Sale - refers to a completed sale of license rights to content via Bluebrain3D, as distinguished from a sale which is cancelled or incomplete for reasons including but not limited to refund at Bluebrain3D's discretion or credit card fraud.

LICENSE AGREEMENT BETWEEN VENDOR AND MEMBER

For any transfer of content from a Vendor to a Member the following terms apply in addition to any terms specified in the text description of the content:

Purchase of Content on the Bluebrain3D website constitutes a legal agreement between you and the Vendor. Your use of any 3D models/meshes/materials/textures/data-sets from the Bluebrain 3D Model library ( hereafter referred to as 'the models' or '3D models' ) constitutes your agreement to the following terms and limitations.

The Vendor grants to you a Non-Exclusive Limited Commercial License to use the 'the models'. The Vendor retains all copyright, title and interest to 'the models' and associated files.

  1. You are authorized to use, copy, modify 'the models' for any use which is not restricted by the Limitations outlined below.

  2. You are authorized to use images or animations (renderings) generated using 'the models' to promote your personal or business products or services.

Limitations

The use of '3D models' published by Vendors through Bluebrain3D in any and all applications that imply redistribution is prohibited without prior written permission.

  1. You are not authorized to sell, resell, sell as, duplicate, distribute, sub-license, publish, market, or re-present - for re-sale or as free objects, any Bluebrain3D '3D model', or any derivative thereof.

  2. You are not authorized to sell, resell, sell as, duplicate, distribute, sub-license, publish, market, or re-present - for re-sale or as free objects, any Bluebrain3D '3D model', or any derivative thereof - in virtual worlds, video games, online software, commercial software, free software - unless prior written authorization has been granted by Bluebrain3D or the Vendor.

Warranty

Bluebrain3D has made efforts to insure 'the models' are free from defects and usable in most major 3D software applications; however, due to the instability and inconsistency of software, hardware and operating systems, it is not possible for Bluebrain Model to provide any warranty or guarantee pertaining to the performance of 'the models'.

If you are unclear whether your intended use of a Bluebrain3D 3D Model is acceptable under this License Agreement, please contact Bluebrain3D at models@Bluebrain3D.com for clarification and/or written permission.

  1. Ownership. The Vendor retains, subject to this license agreement between Vendor and Bluebrain3D, copyright to content purchased by any Member via Bluebrain3D.

  2. Valid License. License rights relating to content for sale via Bluebrain3D, contingent upon the transfer of money from the Member to Bluebrain3D to the Vendor. All license rights are revoked immediately if a sale is reversed for any reason.

  3. Rights Granted. The Vendor grants to Bluebrain3D and the Member who purchases license rights to content via a Valid Sale, a non-exclusive, non-transferable, worldwide, royalty-free license to: publicly perform, publicly display, and digitally perform said content.

  4. Rights Not Granted. All other rights included in copyright are excluded from this license.

  5. Resale. The resale or redistribution by the Member of any content obtained from Bluebrain3D, whether part of a valid sale or not, is expressly prohibited.

  6. Returned Content. In the event a Member returns content at Bluebrain3D's discretion, all license rights granted herein terminate and the Member must immediately destroy all copies contained on any type of media under the control or possession of the Member.

LICENSE GRANT FROM VENDOR TO Bluebrain3D

The following terms apply for any Vendor who provides Bluebrain3D with any type of content:

By delivering content to Bluebrain3D, you ("Vendor") hereby grant to us ("Bluebrain3D") a non-exclusive, worldwide, royalty-free license to:

  1. reproduce, set prices for, sell, and distribute net proceeds from any sale, in whole or in part on my behalf; and to publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes;

  2. create and use samples of the content, including any trademarks, service marks or trade names incorporated in the content in connection with your material, solely for the purpose of demonstrating or promoting your products or services or those of Bluebrain3D;

GENERAL TERMS

The following terms apply to all types of content submitted to Bluebrain3D, including, but not limited to: 3D models, textures, materials, and images:

  1. Ownership. The Vendor retains ownership of the copyrights and all other rights to content, subject to the non-exclusive rights granted to Bluebrain3D under this agreement. The Vendor is free to grant similar rights to others during and after the term of this agreement.

  2. Termination. Bluebrain3D reserves the right to terminate this agreement between Bluebrain3D and the Vendor at any time and without notice. This agreement may be terminated at any time by either party upon written notice via email or regular mail.

  3. Representations and Warranties. The term "Content" means any type of content, including, but not limited to: 3D models, textures, materials, and images, as applicable. The Vendor represents and warrants that:

    1. the Content is the Vendors original work for which the Vendor possesses copyright to distribute;

    2. the Vendor has full right and power to enter into and perform this agreement, and has secured all third party consents necessary to enter into this agreement;

    3. the Content does not and will not violate any law, statute, ordinance or regulation;

    4. the Content is not and will not be defamatory, libelous, pornographic, obscene or evocative of racial hatred of any kind;

    5. the Content does not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data;

    6. all factual assertions that the Vendor has made and will make to Bluebrain3D are true and complete. The Vendor agrees to indemnify and hold Bluebrain3D and our Members harmless from any and all damages and costs, including reasonable attorney's fees, arising out of or related to your breach of the representations and warranties described in this section.


  4. The Bluebrain3D website implements technology which will accurately categorize content that the Vendor delivers to us. If we make an error in good faith or our website software fails to properly categorize uploaded content and we consequently exceed our license rights, the Vendors sole remedy will be for us to take all reasonable steps to promptly correct the error as soon as we are made aware of the error.

  5. Bluebrain3D's mission is to distribute only quality resources, and as such the publish of any Content uploaded to our site is at our discretion. We reserve the right to remove any uploaded content and to modify the information provided with any content for accuracy and quality.
  6. Agreement Subject to Change. Bluebrain3D reserves the right to change the terms of this agreement with or without notice at any time.

  7. Account Non-Transferability. Bluebrain3D Vendor and Member accounts may not be transferred or accessed by any other party without the explicit written permission of Bluebrain3D.

  8. ROYALTY PAYMENTS


  9. The Vendor will be entitled to receive royalty payments collected by Bluebrain3D in the form of payments made by check or via PayPal payments distributed according to the conditions selected by the Vendor in the Member account form. Bluebrain3D will be entitled to a commission in the amount of 20% to 50% depending on the conditions of the Content as outlined in under royalty terms, which it will deduct upon receipt. The Vendor hereby authorizes Bluebrain3D to collect and distribute such royalties and commissions.

  10. Bluebrain3D offers a higher than average royalty to Vendors, but reserves the right to adjust royalty percentages, with notice, should our operating costs and this high royalty impact our ability to remain competitive.

  11. DISCLAIMER


  12. The content provided by Bluebrain3D is scanned and tested for viruses. Although every effort has been made to keep models virus free, Bluebrain3D does not accept any responsibility for any disruption, damage and/or loss (including but not limited to loss of profits) that may occur while using Content downloaded from Bluebrain3D.

  13. WARRANTY


  14. Bluebrain3D takes measures to ensure all Content meets high quality standards and functions as advertised but makes no warranties, express or implied, of said Content.




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