EULA - Terms and Conditions (Including for commercial purposes)

THE VIRTUAL DOCKYARD END USER LICENSE AGREEMENT

Parties / Subject Matter

This end user license agreement (“EULA”) is a non-exclusive, legally binding agreement between any individual or a single entity (“end-user”) that acquires an asset from the :-

(i) The Virtual Dockyard

(ii) Any other Virtual Dockyard Subsidiary Businesses and Websites.

Content Creator EULA

Content creators are allowed to distribute their own content-creator-EULA to their customers.

Any discrepancies between this EULA and any content creator EULA, the terms of this EULA that are or are intended to safeguard the Virtual Dockyard’s interests prevail.

These prevail over the terms of such content creator EULA and be enforceable between end user and The Virtual Dockyard.

Agreement

By installing, copying, accessing, downloading or otherwise using the Assets, the end user agrees to be bound the provisions of this EULA.

Also the content creator EULA in the case when such additional EULA exists.

License

These Assets are licensed, not sold.

Content Creator Liability

The content creator is considered as licensor of an asset and is responsible for any liability (including infringement of any intellectual property rights).

End User's Rights and Obligations

The end user may use the licensed Assets only for their intended purpose.

The end user gets a non-exclusive, worldwide, and perpetual license to the asset and is allowed to integrate assets as incorporated and embedded components of:

electronic games, videos, images and interactive media and distribute such electronic game, static and interactive media.

(Including for commercial purposes).

The end user must ensure that the assets embedded in their works cannot be decompiled out from said works.

The end user may otherwise not reproduce, distribute, sublicense, rent, lease or lend the assets.

Assets are intended to be integrated components comparable as a raw material.

Only end users are allowed to use the assets, so it is forbidden to share or pool the assets.

Assets are allowed to be duplicated to different hardware devices as long as such devices belong to the end user and are not available to third parties.

License Payment process has to be made through our web store to allow correct revenue counting.

Licensor is offering limited support after the EULA has been accepted by the end user.

2. License Restrictions

You may not, and you may not permit anyone else to:

i. remove, obscure or alter any product identification, copyright, trademark or other notices contained in the Model or accessed in conjunction with or through the Model;

ii. claim or misrepresent ownership of any Model which you did not create or develop;

iii. use the Model in violation of any applicable laws or regulations or for any unlawful purpose;

iv. sell, offer to sell, make or distribute any individual Model on a standalone basis;

v. use any Models, Creations or Combined Works in a form that competes with the Virtual Dockyard

(including aggregating said content in another website or similar product or service);

or

vi. aggregate any content (including Models) obtained from the Virtual Dockyard for redistribution,

or use or distribute any content obtained from the Virtual Dockyard in:-

a mapping or geographic application or service, except as expressly authorized under this License Agreement.

You agree to prevent any unauthorized copying of the Models.

You agree to adhere to any posted instructions, directions or limitations on usage and reproduction of Models.

You will be responsible for any costs incurred by the Virtual Dockyard or any other party (including attorneys’ fees) as a result of your misuse of the Models.

Termination

Without prejudice to any other rights, licensor may terminate this EULA if end user fails to comply with the terms and conditions of this EULA and the terms.

In the event that The Virtual Dockyard makes a refund of the fees paid for any asset,

then this EULA and all license rights shall terminate for such asset and the asset itself has to be deleted on any end user's hardware device.

Duplicating / Back Up Copy

The end user may not make copies of the assets, except as an external backup copy or integrated parts of his games, videos, images or interactive media.

The backup copy must be stored off-line and in a safe place.

If a backup copy exists then working data must be deleted after project completion.

If several hardware devices are needed to process asset data then it is allowed to duplicate data to other end user's devices, but must be deleted as soon as possible.

Support

Support is limited to providing a working asset package to the end user except where there is another support agreement with licensor.

Copyright

The assets are protected by copyright laws as well as other intellectual property laws.

All intellectual property rights in and to the assets, describing materials and any copies of the assets are owned by the licensor the Virtual Dockyard.

All rights not yet granted are reserved by the licensor.

Disclaimer of Warranties

The end user agrees that an asset is provided from content creator the Virtual Dockyard as it.

End user uses it as his/her own risk including the danger losing data or hardware components.

Limitation of Liability

Licensor total liability is limited to the amounts paid from the end user for the assets in the past six months.

Export Restrictions

Before agreeing to an asset license the end user has to check all applicable export laws that could restrict or forbid to use the desired asset.

Applicable Law

This EULA and end user's relationship with the licensor under this EULA, shall be governed by the laws of The United Kingdom of Great Britain.

Warranty Disclaimer

The Developer does not warrant that the Model is up-to-date, that the Model will meet your needs, that any defects or errors will be corrected,

or that the Model is free of viruses or other harmful components.

Your use of the Model is at your sole risk.

THE MODEL IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY BY THE DEVELOPER OF ANY KIND,

EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE,

NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE DEVELOPER SHALL NOT BE LIABLE TO YOU FOR:-

ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,

INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,

DATA OR OTHER INTANGIBLE LOSSES

(EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:

(i) THE USE OR THE INABILITY TO USE THE MODEL;

(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR

(iii) ANY OTHER MATTER RELATING TO THE MODEL.

THE FOREGOING LIMITATIONS SHALL APPLY:-

NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY,

NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.

TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS,

IN NO EVENT WILL THE DEVELOPER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION,

WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE,

EXCEED THE AMOUNT YOU PAID FOR THE LICENSE TO THE MODEL.

Governing Law

This License Agreement and all related actions and proceedings is governed by the laws of the United Kingdom of Great Britain and Northern Ireland.

Without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods.

Jurisdiction and venue for actions related to the subject matter of this License Agreement shall be the civil courts located in :-

the United Kingdom of Great Britain and Northern Ireland,

and each party hereby agrees to submit to the personal jurisdiction of such courts.

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