END USER LICENSE AGREEMENT
Notice To User:
This is a legal agreement between you (hereinafter referred to as 'the Licensee') and aXYZ design. 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 an aXYZ design 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 no fee.
All computer software ('Software'), digital images ('Images'), 3D models (“Models”), 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 aXYZ design except to the extent that the right to use such material is specifically granted by this license. These rights are protected by Italian copyright laws, international treaty provisions and other applicable laws.
By accepting this Agreement, aXYZ design 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. creation of one copy of the Images for backup or archival purposes.
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.
All other rights with respect to aXYZ design models not granted in this END USER LICENSE AGREEMENT are reserved to aXYZ design, who are the sole and exclusive copyright holders and no others.
How to obtain a Full Unlimited Commercial License:
A Full Unlimited Commercial License will be appropriate for commercial use of aXYZ design products. To obtain a Full Unlimited Commercial License please send us an e-mail (firstname.lastname@example.org) which includes the following information:
1. The name and address of your Company
2. Contact e-mail address
3. The name ( working title or otherwise) and a brief description of your product
4. List all the aXYZ design models which will be utilized to develop, or will be included in your product.
Once we have received the above details, we will invoice and confirm prices and payment method. Payment can be made by cheque, direct wire or credit card.
The use of aXYZ design models in any and all applications that imply redistribution will be effected in such a manner that the 3D model's database/geometry is password protected, encrypted, or resides in an executable file and cannot be imported by third parties.
This software is provided “as is” and aXYZ design accepts no responsability for any loss or demage, of any kind, resulting from the use, inability to use or otherwise misuse of this software. Where any kind of negligence on the part of aXYZ design can be proven to have resulted in loss of data, loss of earning,damage to business or any other indirect, incidental or consequential damage, in no event will aXYZ design be liable for a sum exeeding the purchase price of the software licence. aXYZ design disclaims any and all warrantees and representations of any kind regarding the subject matter of this agreement.
Links to third-party sites:
aXYZ design PROVIDES LINKS TO THIRD-PARTY SITES AS A CONVENIENCE TO YOU. aXYZ design DOES NOT CONTROL THIRD PARTY SITES OR LINKS TO THIRD PARTY SITES. aXYZ design IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITES. LINKS TO THIRDPARTY SITES ARE NOT ENDORSEMENTS BY aXYZ design OF SUCH SITES.
We herby declare that we don't have any influence on the layout or the content of pages our links refer to. We therefore dissociate from and don't take any responsibility or liability for any content of the linked pages and files. This declaration is valid for all links placed on our web pages and is not limited to the specific Links Area. Please contact us in case you discover any illegal content in one of the pages our links refer to or if the page is permanently inaccessible, so we can remove the corresponding link. Thank you!
Other legal information:
MetroPoly, FireFly and emotion are registered trademarks of aXYZ design. All product names are either trademarks or registered trademarks of aXYZ design, or its affiliates or licensors. All rights reserved.
All trademarks appearing on the service are trademarks of their respective owners.
© 2004-2007 aXYZ design, and its licensors. All rights reserved.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.