1. Ownership. The Seller does not grant title or ownership in 3D Models. All rights in 3D Models not expressly granted in this agreement are reserved by the Seller for itself and its licensors.
2. Rights Granted. For 3D Models, the Seller grants to Buyer 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 Models within Creations in the uses authorized in this document.
3. Rights Granted When Sharing 3D Models. If Buyer Purchases as an employee of a corporate entity, sharing Purchased 3D Models with other employees of their corporate entity is allowed. Examples of allowed sharing include storing files on a networked hard drive, and aggregating 3D Models for later use in future Creations. Buyer is responsible for any downstream distribution, use, or misuse by a recipient of a shared 3D Models. In all cases, sharing 3D Models with external people or entities is only allowed in the following situations, and with the following restrictions:
a. In the production of a Creation owned by the Buyer, if they are working in collaboration with external parties, and there is a need to share 3D Models for the development and production of their Creation, sharing 3D Models with those external parties is allowed. Any external party that receives 3D Models may only use 3D Models on Buyer’s Creations and must take reasonable care to secure and limit access to 3D Models to that purpose.
b. In the production of a Creation owned by another entity (“Buyer’s Client”), if Buyer is working as a contractor and needs to share 3D Models with their Client, or any external parties working with their Client, sharing 3D Models is allowed, subject to the restriction that all parties may use 3D Models only for Buyer’s Client’s particular Creation, and for successive versions of Buyer’s Client’s Creation, such as sequel Computer Games or movies that utilize the same 3D Models. All parties must take reasonable care to secure and limit access to 3D Models to the parties working on Buyer’s Client’s Creation. For all other use by any party, 3D Models must be Purchased again to create a new license agreement governing that use.
4. Editorial Use Restriction for models with Depicted Intellectual Property. Permitted use of Depicted Intellectual Property in such 3D Models is limited to news reporting in Creations of some cultural, editorial, journalistic, or otherwise newsworthy value, including news reporting on television and the internet. A second permitted use is use within an academic setting, limited to teaching, scholarship, and research. This restriction does not apply if you have the needed authorization to use the Depicted Intellectual Property for your Creation, such as if you are owner of the Depicted Intellectual Property, or the advertising team, hired party, or licensee of the Depicted Intellectual Property owner.
5. Depicted Intellectual Property. The Seller does not own or license any Depicted Intellectual Property. The Seller does not in any way make any representations or warranties about Depicted Intellectual Property associated with 3D Models. Buyer is solely responsible for determining the need for and, if appropriate, obtaining any needed clearance, consent, or release to use any Depicted Intellectual Property in their Creations.
6. Creations of Imagery. Permitted Uses of Creations of Imagery. Subject to the following restrictions, Buyer may use Creations of Imagery within news, film, movies, television programs, video projects, multimedia projects, theatrical display, software user interfaces; architectural renderings, Computer Games, virtual worlds, simulation and training environments; corporate communications, marketing collateral, tradeshow promotional items, booth decorations and presentations; pre-visualizations, product prototyping and research; mobile, web, print, television, and billboard advertising; online and electronic publications of blogs, literature, social media, and email campaigns; website designs and layouts, desktop and mobile wallpapers, screensavers, toolbar skins; books, magazines, posters, greeting cards; apparel items, brochures, framed or printed artwork, household items, office items, lenticular prints, product packaging and manufactured products.
Restrictions on Permitted Uses of Creations of Imagery. Stock Media Clearinghouse. Buyer may NOT publish or distribute Creations of Imagery through another stock media clearinghouse, for example as part of an online marketplace for photography, clip art, or design templates.
7. Creations of Computer Games and Software. Permitted Uses in Creations of Computer Games and Software. Subject to the following restrictions, Buyer may incorporate 3D Models in Creations of Computer Games, virtual worlds, simulation and training environments; mobile, desktop and web applications; and interactive electronic publications of literature such as e-books and electronic textbooks.
Restrictions on Permitted Uses of 3D Models in Creations of Games and Software.
a. Interactivity. Buyer’s inclusion of 3D Models within any such Creation is limited to uses where the 3D Model is contained in an interactive experience for the user and not made available outside of the interactive experience. Such a permitted example of this use would be to include a 3D Model of human anatomy in a medical training application in a way that the 3D Model or its environment may be manipulated or interacted with.
b. Access to 3D Models. Buyer must take all reasonable and industry standard measures to incorporate 3D Models within Creations to prevent other parties from gaining access to 3D Models. 3D Models must be contained in proprietary formats so that they cannot be opened or imported in a publicly available software application or framework or extracted without reverse engineering. WebGL exports from Unity, Unreal, and Lumberyard are permitted. Any other open format or format encrypted with decryptable open standards (such as an encrypted compression archive or other WebGL programs not listed here) are prohibited from using 3D Models.
c. Open Systems. Buyer typically may NOT include 3D Models in Creations that have the general functionality for importing and/or exporting 3D Models. An example of such a prohibited use is to include 3D Models as a starter library within a standard retail Software Creation that allows users to generally work with 3D Models, even if the 3D Model itself is somehow protected and is not capable of being exported. An allowed use is for custom or enterprise software in certain circumstances.
d. Virtual Good Sales. Buyer may NOT import, upload, reproduce, make available, publish, transmit, distribute, or sublicense 3D Models in Creations of virtual goods or worlds for any 3D community (“Virtual World”), unless they or their Client owns the Virtual World platform and it complies with the previous restrictions.
8. Creations of Physical Form. Permitted Uses in Creations of Physical Form. Subject to the following restrictions, Buyer may use 3D Models to make 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.
a. Substantially Similar Creations. Permitted use of any Creation of Physical Form in which a 3D Model is untransformed or substantially similar to the 3D Model is limited to personal use, gifts, or charitable donations, with a maximum of 5 instances of such Creation per Purchase; unless the 3D Model is a small part of a much larger array of other physical objects in the Creation. For example, if Buyer is creating a real-world, physical human skeleton for manufacture for sale, it is permitted to add a 3D printed human head that exactly resembles the Purchased 3D Model, but it is not permitted to sell the 3D printed head by itself. Another permitted example of a 3D Model being a small part of a larger array is using a 3D Model that ends up within an automobile as a part of the automobile.
b. No Depicted Intellectual Property. Buyer may NOT reproduce Depicted Intellectual Property in any Creation of Physical Form for any purpose. For example, Buyer may NOT make Physical Form Creations of a copyrighted character (Spiderman, Elsa, Slimer), or branded technology (Apple, Toshiba, Samsung).
9. Unauthorized Use. If the Buyer uses 3D Models in an unauthorized way, the Seller may pursue other penalties, damages, losses, and profits the Seller is entitled to under this agreement or at law or equity. The following are unauthorized uses that are explicitly prohibited:
a. Competition. Buyer may NOT use 3D Models in a way that competes with the Seller, including distributing through 3D Model Clearinghouses. Buyer may NOT publish, distribute, or make 3D Models available through any online clearinghouse infrastructure. Buyer may not redistribute 3D Models as part of any design template, After Effects template, stock photography, video or clip art for distribution or licensing through any online stock media clearinghouse whatsoever.
b. Re-Distribution. Buyer may NOT redistribute, publish, or make 3D Models available to any third party except in the form of a permitted Creation, or shared as authorized in this agreement.
c. Group Buying. Buyer may NOT aggregate funds to Purchase 3D Models with one or more other parties. An example of this prohibited use is a website membership where members pool their money to make a single Purchase that is shared by the members of the group. Each such member must Purchase individually.
d. No Obscene or Unlawful Use. Buyer may NOT use 3D Models for any defamatory, harassing, pornographic, obscene, or racist purpose, or to infringe any party’s Depicted Intellectual Property rights.
e. False Attribution. Buyer may NOT misrepresent themselves as the creator of 3D Models.