End User License Agreement
End User License Agreement
Digital-X, LLC - "X-Models"
- Grant of License
This agreement is a legal contract between the Buyer (the Licensee) and Digital-X, LLC (the Licensor). This agreement shall be in full force upon completion of the purchase and successful delivery to the Buyer. All rights granted to the Licensee are contingent upon the full and timely payment of the License fee to the Licensor. All license rights of any reversed or incomplete sale will terminate immediately without prior notice. The Licensee is responsible for reading and understanding this entire agreement before purchasing any product from Digital-X. Failure to do so has no impact on Licensee's acceptance of this agreement. By purchasing the product, you agree to be bound to the terms and limitations described herein.
This license is valid for a single location only. If Licensee or Licensee's employer wishes to use the Product or its Contents at an additional location(s), a new license(s) must be purchased. Should the Licensee and Employer move from one location to another, this License will only remain in force so long as the Product is permanently removed from the old location. Discounted license fees will be offered for customers requesting three or more Product licenses.
If you are entering this agreement as a representative of your employer, both, You, and your employer are subject to the terms of this agreement. Should the Licensee's employment be terminated for any reason, the License will remain in possession of the Employer, and at which time a single individual employed at the same location must be appointed the new Licensee.
- Definition of the Product
The three-dimensional models, images, and any other form of digital media being sold by Digital-X shall be collectively referred to as the 'Product'. Individual items contained within the Product shall be referred to as the 'Contents'. Both the Product and its associated Contents remain the property of Digital-X.
- Usage Rights
This Product is being licensed to the Buyer, not sold. Licensor retains ownership and all rights of the Product. Licensor grants to the Buyer a non-exclusive, non-transferable, royalty-free license to be used in the production of three-dimensional computer generated graphics. It's resulting still imagery or animation may be used for commercial or non-commercial use for architectural presentations, video, television, or film production, video game creation, print media, or other types of output. This license does not limit the number of uses of the Product or its Contents, or number of projects they may be used for.
- Usage Limitations
Licensee is not permitted to:
a) Sell, resell, sublicense, rent, lend, share, give away, or otherwise distribute the Product, its Contents, or any portion or feature thereof.
b) Distribute its products or services, in any way, which may contain the Product, or its Contents such that customers of the Licensee may extract or otherwise access the Product or Contents for their own personal or commercial use.
c) Use the Product or its Contents directly or in association with any pornographic, obscene, libelous, or other illegal material or production.
Digital-X will attempt to assist any Licensee experiencing a problem with the Product or Contents. If Digital-X is unable to solve the problem adequately, Digital-X will accept a return of the Product and issue a refund for the purchase price of the Product. Notice of non-acceptance must be provided to Digital-X in writing (email acceptable) within two weeks of the order date. The risk (damage or loss) of returning the Product lies with the Buyer. Cost of shipping shall be the responsibility of the Buyer, and Buyer shall insure that the Product is adequately protected within the packaging. If the Buyer received the Product via internet download, all files associated with the Product and all of its Content must be immediately and permanently deleted. Digital-X reserves the right to refuse a return.
- Limitation of Liability
Digital-X shall not be held liable for any damages including, but not limited to, loss of profit, loss of proprietary or non-proprietary data, business interruption, recovery or replacement costs, claims by third parties, or other indirect incidental or consequential damages due to the use or misuse of the Product or its Contents, even if Digital-X has been notified of the possibility of such damages. Under no circumstances shall the Licensor's total liability exceed the amount of the license fee paid by the Licensee for the Product.
Title and all copyrights, trademarks and all other conceivable intellectual property rights related to the Product, are owned by Digital-X, LLC and are protected by United States copyright laws, international treaty provisions and all applicable law. Unauthorized copying or transmission to others of the Product or failure to comply with the above restrictions will result in automatic termination of this license and will make available to Digital-X, LLC other legal remedies. Digital-X, LLC retains all rights not expressly granted to the Licensee by this agreement.
Should litigation arise, related to the purchase of this License, the prevailing party is entitled to recover all reasonable costs including staff time, court costs, attorney fees and related expenses. The venue for all suits shall be Maricopa County, Arizona.
- Disclaimer of Warranty
Licensor does not warranty that the Product will meet Licensees requirements or that the usage of the Product will be error free or uninterrupted. Licensee understands that Licensor, its affiliates, contractors, suppliers, and agents make no warranties, express or implied, and specifically disclaim any warranty of merchantability or fitness for a particular purpose or warranty against infringement.
The license granted by Licensor shall remain in force until it is terminated. Failure to comply with any of the terms of this agreement shall invalidate the license immediately and without notice. Upon termination, Licensee must immediately and permanently delete all files associated with the Product and its Contents. Any deviation from the terms herein shall only be binding with written permission from Digital-X.
Digital-X, LLC reserves the right to amend or revise this agreement at any time.
If any part of this agreement is found void and unenforceable, it will not affect any other item of the agreement, which all shall remain valid and enforceable.
- Entire Understanding
This agreement is the entire agreement between Licensor and Licensee regarding the subject matter herein, and supersedes and replaces all prior and contemporaneous agreements and understandings regarding that subject matter. Licensee acknowledges the complete review of this agreement, and understands that by downloading the product, and placing the Product onto your computer hard drive or RAM, Licensee agrees to be bound by the Terms and Conditions of this agreement. Licensee further agrees that, except for written separate agreements between Digital-X, LLC and Licensee, this agreement is a complete and exclusive statement of the rights and liabilities of the parties hereto.