Royalty Free License

Royalty Free License Agreement for 3D Objects

This legally binding agreement, hereinafter referred to as the “License,” governs your rights as the licensee (“you”) to use 3D Objects, which are available on the site operated by 3dobject.co. By engaging with this License, you, whether as an individual aged 18 or older or a corporate entity, enter into a contractual relationship with 3dobject.co regarding your use of 3D Objects. This License grants certain extended usage rights to you, including those for your parent company and majority-owned affiliates, on a “royalty-free” basis. This means that once you make a Purchase, no future royalties or payments are required. These extended usage rights are subject to applicable Editorial Use Restrictions, as described below. Please note that this License is inextricably linked to our Terms of Use and incorporates all the policies and procedures of the site.

While this License may be translated into other languages for your convenience, it is essential to acknowledge that in case of any discrepancy between the English version and any other translations, the English version takes precedence.

I. Introduction & Definitions

Definitions

This License is designed to provide clarity and ease of understanding regarding the usage of 3D Objects in the creations you produce (“Creations”). To facilitate clarity, certain words in this License are given specific meanings. Words within quotation marks, such as “you” and “Creations,” are defined in the text preceding them. Other capitalized terms are defined below:

  • “3D Objects” refer to the collection of one or more digital files, packaged in product form on the Site, identifiable by a product ID, and uploaded by you or otherwise made available to you for Purchase on the Site. This category encompasses various digital assets, such as 3D models, texture maps, motion captures, photographs, imagery, application and plug-in software, materials and shaders, shapes and vector graphics, training materials, building components, sound effects, stock music, and videos. Additionally, 3D Objects may include multiple files in different formats for compatibility with various software applications (e.g., 3ds Max, Maya, Cinema 4D). It may also contain other files (e.g., jpeg images for texturing) and promotional materials. For the purpose of Creations by Customers, this definition also includes derivative and intermediary files used for such purposes.
  • “Site” refers to the 3dobject.co websites, API’s, software applications, or any approved means or utility, existing now or in the future. This includes the software and source code used by 3dobject.co to provide services, user interface designs, images, text, knowledge base articles, program offers, site information in reports (e.g., popular keyword searches), and all other intellectual property protected under copyright, trademark, patent, publicity, or any other proprietary rights.
  • “Purchase” denotes the acquisition of 3D Objects by you from the Site under the terms of this License, whether as a paid Purchase or a free download.
  • “3dobject.co” encompasses 3dobject.co doing business under the 3dobject.co brand, as well as all licensed affiliates and partners distributing 3D Objects on behalf of 3dobject.
  • “Product Page” refers to the page or interface displaying 3D Objects available for Purchase on the Site.
  • “Computer Game” encompasses digital games, computer-based games, handheld electronic games, mobile games, online games, social games, game mods, and console-based games.
  • “Imagery” stands for a Creation consisting of a single image or a sequence of images.
  • “Intellectual Property” encompasses copyright, trademark, trade secret, right of publicity, or any other proprietary right worldwide.

To streamline the reading experience, the following constructs are used:

  • “Include,” “including,” and “such as” are understood to be followed by “but not limited to.” Examples provided in this License serve to illustrate, not restrict, the scope of the terms.
  • “The following restrictions,” “the foregoing restrictions,” and “subject to the restrictions” are understood to be followed by “in addition to all other restrictions applicable within this License.”

II. License Rights

Ownership: 3dobject.co does not transfer title or ownership of 3D Objects. All rights to 3D Objects not explicitly granted in this License are retained by 3dobject.co and its licensors.

Rights Granted: With regard to 3D Objects, 3dobject.co grants you a non-exclusive, perpetual, worldwide right and license to copy, distribute, reproduce, adapt, publicly display, publicly perform, digitally perform, transmit, broadcast, telecast, advertise, create derivative works, and market 3D Objects within Creations, as authorized by this License. If you require authorization for a use not covered by this License (“New Use”), you may request it by contacting in**@3d******.co. 3dobject.co has the authority to approve a New Use if it deems the New Use substantially similar to another established use within this License and provides written authorization.

Rights Granted When Sharing 3D Objects: If you Purchase 3D Objects as an employee of a corporate entity, you are allowed to share them with other employees of your corporate entity. Such sharing may include storing files on a networked hard drive or aggregating 3D Objects for future use in Creations. However, you are responsible for any downstream distribution, use, or misuse by recipients of shared 3D Objects. External sharing of 3D Objects is only permitted under specific conditions and restrictions, including:

  1. Collaboration with External Parties: You may share 3D Objects with external parties if you are working collaboratively on a Creation and need to share 3D Objects for development and production purposes. External parties receiving 3D Objects may only use them in your Creations and must take reasonable precautions to secure and restrict access to the 3D Objects solely for that purpose.
  2. Contractual Work for a Client: If you are working as a contractor on a Creation owned by another entity (“your Client”), you may share 3D Objects with your Client or external parties working with your Client, subject to the condition that all parties may use the 3D Objects exclusively for your Client’s particular Creation and any subsequent versions of that Creation (e.g., sequels or adaptations using the same 3D models). All parties must take reasonable steps to secure and restrict access to the 3D Objects for the work on your Client’s Creation. Any use beyond this scope requires the Purchase of 3D Objects under a new license agreement.

Editorial Use Restriction for Some 3D Objects: Certain 3D Objects may be affixed with an “Editorial” notice on their Product Page. This notice serves to inform users that certain subject matter depicted in these 3D Objects (e.g., branded products) may be protected by other parties’ Intellectual Property rights (“Other-Party Intellectual Property”). The permissible use of Other-Party Intellectual Property in such 3D Objects is limited to news reporting with cultural, editorial, journalistic, or newsworthy value, including news reporting on television and the internet. This restriction does not apply if you have obtained the necessary authorization to use the Other-Party Intellectual Property in your Creation, such as when you are the Intellectual Property owner, a party hired by the Intellectual Property owner, or a licensee of the product associated with the Intellectual Property.

Other-Party Intellectual Property: 3dobject.co neither owns nor licenses any Other-Party Intellectual Property associated with 3D Objects. 3dobject.co does not make any representations or warranties regarding Other-Party Intellectual Property linked to 3D Objects. It is your responsibility to ascertain the need for and, if necessary, obtain any required clearance, consent, or release related to the use of Other-Party Intellectual Property in your Creations.

Creations of Imagery:

Permitted Uses of Creations of Imagery: Subject to the following restrictions, you may employ Creations of Imagery in various contexts, including news, film, movies, television programs, video projects, multimedia projects, theatrical displays, software user interfaces, architectural renderings, Computer Games, virtual worlds, simulations, training environments, corporate communications, marketing collateral, tradeshow promotional items, booth decorations, and presentations.

Restrictions on Permitted Uses of Creations of Imagery:

  1. Stock Media Clearinghouse: You may NOT publish or distribute Creations of Imagery through another platform acting as a stock media clearinghouse, such as an online marketplace for photography, clip art, or design templates.
  2. Promotional Images: Images used for promoting 3D Objects (e.g., preview images on the Product Page) may be incorporated into Creations of Imagery, provided that the Promotional Images adhere to specific restrictions. These include not adding any elements that are not part of the 3D Objects and not using Promotional Images with superimposed logos, marks, watermarks, attributions, copyrights, or other notices without prior approval from 3dobject.co Support.
  3. Business Logos: You may NOT use Imagery in any Creation functioning as a trademark, servicemark, or business logo. This prohibition is in place to accommodate owners of such Creations, who typically seek exclusivity in their imagery, which is inconsistent with the non-exclusive license provided under this License.

Creations of Computer Games and Software:

Permitted Uses in Creations of Computer Games and Software: Subject to the following restrictions, you may include 3D Objects in Creations of Computer Games, virtual worlds, simulations, training environments, mobile, desktop, and web applications, as well as interactive electronic publications of literature like e-books and electronic textbooks.

Restrictions on Permitted Uses of 3D Objects in Creations of Games and Software:

  1. Interactivity: Your use of 3D Objects within such Creations is limited to scenarios where the 3D Objects are part of an interactive experience for the user and not made available outside of that experience. For example, you can include a 3D model of human anatomy in a medical training application, allowing users to manipulate or interact with the 3D model or its environment.
  2. Access Control: You must take reasonable and industry-standard measures to prevent third parties from accessing 3D Objects. 3D Objects must be stored in proprietary formats to prevent opening or importing them in publicly available software applications or frameworks, or extraction through reverse engineering. Publishing or distributing 3D Objects in open formats or formats encrypted with decryptable open standards is NOT allowed.
  3. Open Systems: You may NOT include 3D Objects in Creations offering general functionality for importing and/or exporting 3D Objects. For instance, you cannot include 3D Objects as part of a starter library within a Creation that allows users to work with 3D models in a general sense, even if the 3D Object itself is protected and incapable of being exported. Instead, users of such software applications must Purchase 3D Objects directly from the Site.
  4. Virtual Goods Sales: You may NOT import, upload, reproduce, make available, publish, transmit, distribute, or sublicense 3D Objects in Creations of virtual goods or worlds for any 3D community (“Virtual World”), unless you or your Client own the Virtual World platform and adhere to the aforementioned restrictions.

Creations of Physical Form:

Permitted Uses in Creations of Physical Form: Subject to the following restrictions, you may use 3D Objects to create physical Creations such as 3D printed works, articles of manufacture, custom vehicles, furniture, jewelry, sculptural artwork, toys, and physical entertainment goods (“Creations of Physical Form”).

Restrictions on Permitted Uses in Creations of Physical Form:

  1. Substantially Similar Creations: The use of a 3D Object in a Creation of Physical Form that remains untransformed or substantially similar to the original 3D Object is limited to personal use, gifts, or charitable donations, with a maximum of 5 instances of such Creations per Purchase. This restriction applies unless the 3D Object constitutes a small part of a much larger array of other physical objects in the Creation. For example, if you create a real-world, physical human skeleton for sale, you can include a 3D printed human head that closely resembles the Purchased 3D Object. However, selling the 3D printed head separately is not permitted. A similar exception applies when the 3D Object is a small part of a larger assembly, such as being used within an automobile.
  2. No Other-Party Intellectual Property: You may NOT reproduce Other-Party Intellectual Property in any Creation of Physical Form for any purpose.
  3. 3D Industry Promotional Use: If 3dobject.co has granted you, as a hardware or software partner, access to priced 3D Objects on a complimentary basis, your usage of 3D Objects is restricted to internal testing for your 3D software or hardware products and promotion of your software or hardware products using Creations of Imagery. Proper attribution of the artist’s name and the Site is required in promotional materials. Should you use 3D Objects for purposes beyond those specified, you are obligated to promptly Purchase the 3D Objects and comply with the terms herein.

Unauthorized Use: Engaging in unauthorized use of 3D Objects may result in account termination and other penalties, damages, losses, and profits to which 3dobject.co is entitled under this License, applicable law, or equity. Unauthorized uses explicitly prohibited include, but are not limited to:

  1. Competition: Using 3D Objects in a manner that competes with the Site or the 3D Objects themselves.
  2. Re-Distribution: Re-distributing, publishing, or making 3D Objects available to any third party except as part of a permitted Creation or authorized sharing under this License.
  3. Group Buying: Aggregating funds with one or more other parties to Purchase 3D Objects. For example, participating in a website membership where members pool their money to make a single Purchase that is then shared among the group is NOT allowed.
  4. Obscene or Unlawful Use: Using 3D Objects for defamatory, harassing, pornographic, obscene, or racist purposes, or to infringe on any party’s Intellectual Property rights.
  5. False Attribution: Misrepresenting yourself as the creator of 3D Objects.

License Term & Termination:

Term: Your right and license to 3D Objects are perpetual, unless terminated as described herein.

Termination: Your license grant is immediately terminated without notice in the following cases, and you and any recipients of 3D Objects must cease all use, distribution, and destroy all copies of 3D Objects:

  1. Reversal of Purchase: Your right and license to 3D Objects are contingent on your Purchase of 3D Objects. Any payment reversal of a Purchase for any reason immediately terminates all rights granted under this License.
  2. Failure to Abide by the License Grant: A material failure to adhere to the terms of this License immediately terminates your right and license to 3D Objects. If you discover a violation of the license grant by you or any recipient of shared 3D Objects and promptly report the violation to in**@3d******.co, 3dobject.co will make a good faith effort to find an appropriate remedy to preserve your license grant.

Warranties:

You covenant, represent, and warrant to 3dobject.co that:

  1. You have the full right, power, legal capacity, and authority to enter into and perform this License and have obtained any necessary third-party consent.
  2. You will not use 3D Objects except in accordance with the terms of this License and will comply with any reasonable fee or penalty exercised by 3dobject.co under this License or applicable law for unauthorized use.
  3. You will determine the need for and, if necessary, obtain any required third-party clearance, consent, or release for the use of Other-Party Intellectual Property depicted in the digital rendering of 3D Objects and will not use 3D Objects to infringe on any party’s Intellectual Property rights.
  4. You will immediately notify 3dobject.co of any Intellectual Property claim against your use of 3D Objects or any other rights issue before disclosing such issue to any third party.

Limitation of Liability:

3D Objects are provided on an “as is,” “as available,” and “with all faults” basis. 3dobject.co makes no representations, warranties, conditions, or guarantees regarding the quality, suitability, fitness for a particular purpose, non-infringement, merchantability, or accuracy of specifications associated with 3D Objects.

3dobject.co disclaims all express or implied conditions, representations, and warranties regarding 3D Objects, including any implied warranty or condition of merchantability. 3dobject.co allows refunds under certain conditions as per the Site’s policies.

You assume all risk for any damage to your computer systems and network resulting from obtaining 3D Objects, including damages caused by computer viruses.

To the fullest extent permitted by law, 3dobject.co shall not be liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages arising out of or in connection with 3D Objects, even if 3dobject.co has previously been advised of the possibility of such damages, whether in breach of contract or in tort (including negligence). To the extent that any jurisdiction does not allow the exclusion or limitation of certain damages, portions of the preceding limitation or exclusion may not apply.

You agree to indemnify and hold 3dobject.co and its subsidiaries, affiliates, officers, directors, agents, licensors, suppliers, employees, and representatives (“3dobject.co Parties”) harmless from any third-party claim or demand, including reasonable attorneys’ fees, arising from your use of the Source Material or Creations.

Other Terms:

Entire Agreement: This License constitutes the entire agreement between you and 3dobject.co regarding your Purchase, unless you have a corporate license agreement with 3dobject.co, which may include additional protections for additional fees. Any modification to this License is not binding unless it is in writing and signed by an authorized 3dobject.co representative.

Material Breach: You acknowledge that a material breach of these terms will result in irreparable harm to 3dobject.co for which damages would be inadequate, and 3dobject.co may seek equitable relief, including preliminary and permanent injunctions, in addition to other available rights and remedies at law.

Import/Export Regulations: 3D Objects may be subject to U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and regulations.

Governing Law: This License is governed by the laws of New York, excluding conflict of law principles. Any action or proceeding related to this License must be brought in a state or federal court located in New York, New York, and both parties submit to the exclusive jurisdiction of such courts. All notices must be in writing.

LIMITED INTERNAL USER ARBITRATION: You acknowledge and agree that 3dobject.co may, at its sole discretion, arbitrate disputes between users involving 3D Objects, with such findings being final and non-appealable. Either party may request arbitration, or 3dobject.co may choose to arbitrate a dispute. After 3dobject.co elects to arbitrate any dispute hereunder, 3dobject.co will waive any rights to a commission from both the Purchase and arbitration, and the parties must maintain the confidentiality of the arbitration process. 3dobject.co may award up to 3 times the Purchase price to either party depending on the circumstances. By accepting this arbitration provision, you waive rights to judicial resolution and trial by jury.

Notice: Any notice under this License shall be sent via email to in**@3d******.co, with an acknowledgment email from a 3dobject.co representative received within 5 business days. If no such acknowledgment email is received, notice must be in writing and delivered by mail to the address specified in the License.

Assignment: 3dobject.co may not assign its rights under this License without providing you notice, except in cases of bankruptcy, merger, acquisition, sale of assets, or similar events. You may not assign your rights under this License without 3dobject.co’s prior written consent.

Language: This License may be translated into other languages, but English is the official language. In case of any conflict between the English version and any other translation, the English version shall prevail.

Share this 3d Object :
Don`t copy text!
0
    0
    Your Cart
    Your cart is emptyReturn to Shop