LICENCE AGREEMENT FOR EVERMOTION
PRODUCTS
ENTREPRENEUR AND CONSUMER LICENCE
§1 Glossary of terms
1.
Evermotion/Licensor - Evermotion civil partnership with its
registered office in Białystok Przedzalniana St. 8, 15-688 Białystok
(Poland) NIP 542-29-10-299, which pursuant to this Agreement grants to the
Licensee the right to use the Evermotion Products.
2.
Licensee – every entity being Entrepreneur or consumer
purchasing a license for Evermotion Products under this Agreement.
3.
Entrepreneur - is a physical person, legal person and an
organizational entity without legal personality, which separate law recognizes
with the legal capacity performing in his own name business activity, in
accordance with the provisions of the Act of 2 July 2004 of freedom of economic
activity and the so-called freelancer,
4.
Consumer - an individual, entering into this Agreement in
order not directly related to his professional or economic activities.
5.
Licence for Evermotion Products - license, under which,
Licensee acquires the right to use Evermotion Products for personal and
commercial purposes, excluding the possibility of their further resell, giving,
whether for remuneration or not sublicense share, or distribute.
6.
Evermotion Products - digital files, which include:
a)
Collections of 2D files – digital files in 2D format,
b)
Collections of 3D files – digital files in 3D format,
c)
Archmodels - collection of files which consists of editable 3D models
designated for use in scenes, for example, trees, furniture, toys, household
appliances,
d)
Archinteriors – editable scenes of the interior built of blocks of 3D
models, for example, the interior of the shops, lofts, apartments, factory
floors, kitchen layouts,
e)
Archexteriors – editable scenes of the open space built of blocks
of 3D models, for example, park, street, buildings,
f)
HD models – collection of files of 3D models of high resolution, the
so-called “high definition”, with bigger density of HD grid,
g)
3DPeople – collection of 3D models in the form of people used in the
scenes,
h)
textures - files in the form of pictures which are used for editing and
giving the external appearance to 3D model,
i)
HDRI – files recorded in 2D format, in a form of pictures,
j)
landscapes - collection of photos which is used for the creation of the
background in the graphic projects,
k)
Archshaders - files of defined texture, imitating the given plastic
material, allowing to give the external appearance to 3D block,
l)
tutorials – computer presentation appearing in the form of video file,
or in the form of text enriched with pictures and films, illustrating 2D and 3D
files, enabling the “step by step” approach to learning to perform a given
activity,
m)
renders – non-editable files from the scenes with the models, appearing
in the form of pictures,
n)
videos – video files, presenting files of both 2D and 3D models.
7.
Free samples – are used for familiarisation with Evermotion
Products, verifying their quality and their functioning in the software of the
Potential Licensee for the period indicated after the installation of a given
Evermotion Product on the computer,
8.
Agreement – licence agreement for Evermotion Products
regulating the rights and obligations of the Licensee and Evermotion in the
field of purchase, use and operating the Evermotion Products, accepted by the
Licensee. Agreement constitutes the basis for granting the license for
Evermotion Products not sell of the Evermotion Products. Subject to the terms
of this Agreement, Licensee obtain personal, revocable, non-exclusive,
non-transferable license for Evermotion Products.
9.
Evermotion Store – separate space of Evermotion Portal from
which the Licensee may purchase the licence of the Evermotion Products,
10.
Registered User - Licensee which has an Account on
Evermotion Portal,
11.
Unregistered User – Licensee which does not have an Account
on Evermotion
Portal,
12.
Basket – Evermotion Products chosen by the potential
Licensee, for which the Licensee considers acquiring a license after clicking
the relevant key added to the Basket. The Potential Licensee has the
possibility of converting the data from the Basket into the content of the
order. The User prior to the sales transaction has the possibility of removing
the Evermotion Products from the Basket at any time.
§2 Subject of the Agreement
1.
This Agreement does not convey to Licensee any intellectual property
rights or copyrights.
2.
The Agreement is concluded by an order made on the website of the
Evermotion Store. Conclusion of the agreement and its provisions are confirmed
by the Client immediately.
3.
The subject of this Agreement is granting to the Licensee the right to
use the Evermotion Products for commercial and private purposes, in the area
of the whole world excluding their further resell, giving, sharing weather for
remuneration or not, sublicense, distribute or multiply.
4.
This Agreement constitutes the basis for granting the licence for the
Evermotion Products and not for the sale of the Evermotion Product as such.
5.
The Licensee obtains personal, revocable, non-exclusive,
non-transferable Licence for selected Evermotion Products, save for the terms
and conditions of this Agreement.
6.
The subject of this Agreement does not cover the so-called free samples
available from Evermotion Portal.
7.
The Licence is granted for the indefinite period of time.
8.
These license terms entitle Licensee to use the Evermotion Products for
the following fields of exploitation:
a)
enter data into the computer and reproduce the Evermotion Products,
b)
adaptation of the Evermotion products to hardware and system
configuration used by the Licensee,
c)
Process, edit and use the Evermotion Products in their studies and
works, in particular
•
creation of static and moving images (renders) • creation of computer games
and software
•
3D printing.
9.
This Agreement becomes effective after the acceptance of its terms by
the Licensee and remains in effect by the time it is terminated upon the terms
and conditions set out in the Agreement.
10.
The rights under this Licence are vested exclusively to the Licensee.
The Licensee shall not sublease or transfer the rights under this Licence to
any other entity whether for remuneration or not.
11.
Pursuant to the Agreement in relations between the Licensee and
Evermotion all the rights to the Evermotion Products are and shall remain the
property of Evermotion. Under the Agreement the Licensee does not acquire any
intellectual property rights, or other property rights,, including patents,
designs, trademarks, copyrights, rights to the databases, or rights to any
confidential information, or the trade secrets. The Licensee also does not
acquire any licence rights to the Evermotion Products, except for the rights
which have been explicitly granted to the Licensee on the basis of this
Agreement, or on the basis of other written arrangements between the Licensee
and Evermotion.
§3 Rights and obligations of the Licensee
1.
Licensee undertakes to pay remuneration for obtaining the Licence for a
given Evermotion Product in accordance with the price indicated on a display in
the Evermotion Store next to the given Evermotion Product.
2.
The Licensee shall pay the required remuneration to the indicated bank
account within 7 days from the day of purchasing the Licence. In case of not
paying the required remuneration within the indicated period of time, the
Agreement is treated as non-concluded.
3.
The Licensee acquires the right to use the Evermotion Products for
commercial and private purposes.
4.
The Licensee does not have the right to resell, give, share, whether for
remuneration or not, sublicense, distribute or multiply the Evermotion
Products. It also refers to the renders of single unchanged models on a
homogeneous background, even in changed form.
5.
The Licensee may edit the Evermotion Products for its own needs if it is
necessary to use Evermotion Products according to its intended purpose. The
Evermotion Product modified by the Licensee is subject to Licence, with the
right of the person who has made such modifications. However, resell,
remission, whether for remuneration or not, share, distribution, sublicense or
multiplying edited or otherwise prepared Evermotion Products is prohibited
without the written consent of Licensor.
6.
The Licensee shall not place Evermotion Products, nor the files
containing models and Evermotion Products which can be separated on websites,
servers, or other digital data carriers, from which other entities can
distribute, or in any other way make available whether for remuneration or not.
7.
Evermotion Products shall not be used in designs which contain
pornographic, or vulgar content, encouraging to racial, religious and ethnic
hatred, or content propagating violence, or the totalitarian political system,
or which was produced in collision with the law. The above provision does not
refer to games.
8.
If the Licensee wants to use the Evermotion Products for purposes other
than the ones indicated above, then the Agreement does not stipulate such use
of the Evermotion Products, and the Licensee shall enter into separate licence
agreement with Evermotion whereby they will acquire the right to use the
Evermotion Products for the additional purpose.
9.
The Licensee which bought the Evermotion Products shall not sell single renders,
unchanged models on a homogeneous background. Licensee may sell the renders
only if they are part of the design. The renders of single models of plants,
people and vehicles shall not be sold even in the changed form.
10.
Process, edit and use of Evermotion Products in the studies and works of
the Licensee must be done in an appropriate format that prevents them to be
separated from those works or studies.
§4 Obligations of Evermotion
1.
The Licence for the use of the Evermotion Products is granted to the
Licensee providing that all the licence fees payable to Evermotion have been
made on the basis of this Agreement.
2.
Immediately after making the payment by the Licensee, but not later than
within maximum 3 days from the day of recording of the payment of a certain fee
for the purchase of the Licence, Evermotion shall pass the Product to the
Licensee. In the absence of the payment which was not made within the specified
period of time in favour of Evermotion, the Agreement is regarded as
non-concluded.
§5 Prices and payment options
1.
The prices in Evermotion Store are quoted in Euro currency, this is, €.
It is possible to automatically calculate the prices into other currency, after
clicking the bookmark of the currency choice.
2.
There are 2 methods of payment available in Evermotion Store: via PayPal
and by transfer made directly to Evermotion.
3.
Evermotion indicates that the fastest form of payment is the option of
making payments via PayPal. The files are made available within maximum 3 days
after making payment by the Licensee.
4.
The data for making the payment are sent by e-mail automatically after
the placing of the order with the indication of the chosen form of payment.
5.
The Evermotion Products are made available only after crediting the
transferred amount to the Evermotion account. Evermotion informs that this
process can last
even few days. It is not applicable to the
Registered Users where the Product is made available automatically after making
the payment by the User, but not later than within maximum 3 days from the day
of recording the payment of the given remuneration for the purchase of the
Licence.
6.
The prices quoted in Evermotion Store are does not include taxes. The
tax shall beautomatically added to the orders as per the provisions of § 3 of
the Regulations.
§6 Supply of Evermotion products
1.
The purchased Evermotion Products are available in download
option.
2.
The downloading of Evermotion Products available in download
option is made via Customer Zone portal.
3.
After making the purchase of the Evermotion Products, the Unregistered
User receives the link with the password to make the downloading of the
purchased Evermotion Product. The Registered Users use their own password and
login.
4.
Each Evermotion Product made available on Customer Zone portal may be
downloaded 5 times. In case of inability to download within 5 times the User
shall contact the Evermotion.
§7 Breach of the provisions of the Agreement
1.
If the Licensee breaches the Agreement, Evermotion in addition to use
of all other rights and remedies under this Agreement and applicable law, may
terminate this Agreement immediately and any other license agreement between
the Licensee and Evermotion without notice period. Termination becomes
effective upon written notice of termination. Regardless Licensor may enforce
its rights related to copyright infringement.
2.
Evermotion notifies the Licensee about the breach of the terms and
conditions of the Agreement committed by the Licensee by electronic mail to the
e-mail address given by them. In the same time Evermotion calls the Licensee to
immediately refrain from further breach of the Agreement.
3.
After the ineffective lapse of time indicated in the notification
calling to refrain from further breach of the Agreement, Evermotion has the
right to terminate the Agreement immediately and to block the Account in
accordance with the Regulations.
4.
After the termination of the Agreement, the Licensee shall return the
Evermotion Product with no delay and destroy all copies of Evermotion Product.
§8 Guarantee
1.
Evermotion Products are non-refundable.
2.
Evermotion grants one-year guarantee for Evermotion Products which are
subject of this Agreement.
3.
The above provision is not applicable if any defect in the functioning
of the Evermotion Product was caused by the use of the Evermotion Product in a
way which is incompliant with the obligations of the Licensee set out in the
Agreement.
§9 Final provisions
1.
Licensee before using the Evermotion Products gives consent to the
collection, use and processing of the applicable personal data by Evermotion.
2.
Evermotion has the right to assign this Agreement if the Licensee is an
Entrepreneur, but such assignment shall be made upon the terms and conditions
at least as favourable for the Licensee as the terms of this Agreement, for
what the Licensee gives its consent.
3.
The Licensee does not have the right to assign this Agreement.
4.
All notifications, or other information passed under this Agreement
shall be regarded as effectively served and passed if they are made on the
email address info@evermotion.org or in writing and served in person, or sent
by the prepaid registered mail, or by courier mail, except if otherwise indicated
in the Agreement.
5.
This Agreement is governed by the Polish law and shall be interpreted in
accordance with this law.
6.
The place of the execution of this Agreement if the Licensee is an
Entrepreneur is the place of registered office of Licensor and if the Licensee
is a Consumer it is the place to which the Evermotion Products shall be
transferred.
7.
If the Licensee is an Entrepreneur any disputes will be settled by the
court competent for the Evermotions registered office and if the Licensee is a
Consumer in the place adequate according to Polish law.
ACCEPTANCE OF THE TERMS AND CONDITIONS OF
THE AGREEMENT
The Licensee
undertakes to adhere to the terms and conditions of this agreement and the
provisions of the Regulations by expressing their acceptance through clicking
the relevant key below, or through downloading, installation, starting, or use
of the software.
NO ACCEPTANCE OF THE TERMS AND CONDITIONS
OF THE AGREEMENT
If
prior to the downloading, installation, starting, or use of the Evermotion
Products, the Licensee does not accept the terms and conditions of these this
Agreement and/or the provisions of the Regulations, it shall not have the right
to use Evermotion Products and shall delete,
deactivate, or return the Evermotion Product immediately.
