By using any product ('Content') from Picture Factory Schmidt + Würfel GbR ('Picture Factory') you agree to be bound by the terms and conditions of this agreement. If you are entering this agreement on behalf of your employer, the license granted and the restrictions and limitations 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.
'Content' refers to any material published by picture factory including but not limited to wire files, models, textures, plug-ins, motion files, collections, packages, materials, scripts, shapes, custom UI skins, tutorials, words, music, films, images, and software.
Grant of license
Upon use of the Content, you are granted a non-exclusive, non-transferable license to use and modify the Content subject to the following terms and conditions:
The Content may be incorporated into a derivative work such as an animation, rendering, illustration, film, video, broadcast, multimedia, advertisement, live performance, internet-site, presentation, product (DVDs, Home Videos, Music Videos, Computer Games, Training Videos, etc.) or print project without any limitation and without any additional license fees.
But you may not in any case:
(a) separately publish, market, distribute, transfer, sell or sublicense any original Content or any part thereof
(b) publish, market, distribute, transfer, sell or sublicense renderings, animations, software applications, data or any other product from which any original Content, or any part thereof, or any substantially similar version of the original Content can be separately exported, extracted, or decompiled into any redistributable form or format
(c) publish, market, distribute, transfer, sell or sublicense any image created from a Content as 'clip art' or the like, including but not limited to animations or still images that are sublicensed or otherwise distributed by a stock photography or stock animation agency, or in any other manner in which the primary source of value derived from publishing, marketing, distributing, transferring, selling or sublicensing the image (or Content) is that it is accessible in a manner similar to 'clip art.'
Single use license
The Content may only be modified or used in unmodified form, on one computer at any one time. You may not rent, lease, lend, sell or sublicense the Content to any other person, company or other entity. Anything you produce using the Content must be for your own use, or for the use of your employer, client or customer, who must be the end-user of your work. Please contact Picture Factory for a multi-seat site license if you need to use the Content over a network for multiple users.
The Content may not under any circumstances be used in or in conjunction with pornographic, defamatory, obscene, fraudulent, libellous, infringing, immoral, or illegal material.
All Content are copyright Picture Factory and are protected by German copyright laws, international treaty provisions and other applicable laws. No title or intellectual property rights in the Content is transferred to you. Picture Factory retains all rights not expressly granted to the buyer by this license agreement.
Picture Factory will not be liable to you for any special, indirect, consequential, punitive, or incidental damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Content. Licensor's entire liability and your exclusive remedy shall be no more than the amount paid for the particular Content.
Breach of Agreement
You agree to indemnify and hold Picture Factory harmless from and against any damages or liability of any kind arising from your use of the Content in any form, any breach of the terms and conditions of this agreement, or your negligent act, omission or wilful misconduct. All license rights granted pursuant to this agreement shall automatically terminate upon your breach of this agreement.
Picture Factory warrants Content to be free from defects in material and workmanship for 90 days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of Content or a refund of the purchase price, at the option of Picture Factory. Picture Factory makes no other warranties or representations with regard to the Content and any implied warranties of merchantability, fitness for any particular purpose, title or noninfringement are hereby disclaimed.
Picture Factory reserves the right to amend this agreement at any time.
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms.
This Agreement will be governed by the laws in force in Hamburg, Germany.