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PRIMMERSIVE DESIGNWORKS:
END-USER LICENSE AGREEMENT (EULA)



This End-User License Agreement (the "Agreement") applies if you download from our website or any affiliate's website (collectively, the "Website") or receive on Compact Disc (CD) or Digital Versatile Disc (DVD) a texture, photograph, image asset, 3D model, or other pictorial or graphic work or collection thereof (collectively, the "Asset" or "Assets"). By downloading or receiving on CD or DVD the Assets, you agree to the terms of this Agreement and that this Agreement applies to each Asset that you download or receive. You represent and warrant that you have the right to enter into this Agreement. If you download or receive the Asset on behalf of an entity, then this Agreement applies to such entity and its affiliates. In such case, you represent and warrant that you have the authority to bind such entity to this Agreement.

1. Ownership

This Agreement does not effectuate any sale of the Assets. Except as expressly granted in this Agreement, Primmersive Designworks, LLC retains all rights, title and interest in and to the Assets. No title or ownership interest in or to the Assets is transferred to you by virtue of this Agreement.

2. License to the Assets

2.1 Grant of License

Subject to your compliance with the terms of this Agreement, Primmersive Designworks grants to you a non-exclusive, perpetual, worldwide, non-sublicenseable, non-transferable license to use, reproduce, modify or display the Assets, subject to the restrictions in Section 3 and Section 4.3. You are not receiving any ownership or proprietary right, title, or interest in or to the Assets or the copyright, trademarks, or other rights related thereto. For purposes of this section, "use" means loading of the Assets in computer RAM and/or onto computer hard drive, as well as installation of the Assets on a hard disk or other computer storage device. You agree that the Assets will not be shipped, transferred, or exported into any country in violation of the United States Export Administration Act (or any other law governing such matters) by you or anyone at your direction and that you will not utilize and will not authorize anyone to utilize, in any other manner, the Assets in violation of any applicable law. The Assets may not be uploaded, downloaded, or otherwise transferred, exported, or re-exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone or into any country who/which are prohibited, by applicable law, from receiving such property.

2.2 Standard License

This License Model applies to Assets intended for use in Virtual Worlds, OpenSimulator Worlds, and interconnected grid networks (collectively, "Virtual Worlds"). Content licensed for use in Virtual Worlds is delivered with "LicenseA" prefixed to the filename(s) in the case of individual Assets, and "LicenseTSA" prefixed to the filename(s) in the case of Asset sets. Content covered under this license model is legally licensed only for use in Virtual Worlds. For further details, please see the section of our End-User License Agreement pertaining to use in Virtual Worlds.

2.3 Extended Usage License

This License Model applies to Assets intended for use in digital projects, software and virtualization projects, web design, video games, and other projects outside of and not including Virtual Worlds. Content licensed under the Extended Usage License is delivered with "LicenseB" prefixed to the filename(s) in the case of individual Assets, and "LicenseTSB" prefixed to the filename(s) in the case of Asset sets.

By way of example, you may use, display, or modify the Assets in connection with the following:

  • Artwork;
  • Billboards and signage;
  • Brochures;
  • Business and commercial purposes;
  • Business cards, letterhead and stationary;
  • Catalogs;
  • Computer programs and applications;
  • Cover art for DVDs, CDs, books and electronic books;
  • Digital and web-based advertising, including website banners;
  • Display in an office, store, restaurant, shopping mall or other place of business;
  • Editorial purposes;
  • Educational uses;
  • Electronic publications;
  • Flyers;
  • For use and display in both private and public spaces;
  • For use in trade show booths and at sales conferences;
  • Marketing and advertising materials, which may be delivered via surface mail, electronic mail, facsimile, or otherwise, and/or which may be displayed at "point of sale" locations;
  • Movies, films, videos, television programs and theater;
  • Multimedia presentations;
  • Packaging, wrappers and labels;
  • Personal uses;
  • Print and digital media, such as books, electronic books, newspapers, magazines and newsletters;
  • Printed items;
  • Promotional and decorative purposes;
  • Promotional posters, greeting cards and post cards;
  • Websites or blogs; and
  • For incorporation into other works of authorship including the right to modify the Assets and create derivative works based on the Assets.

2.4 Collections License

This License Model applies to Assets delivered on CD or DVD. Content collections are permitted for uses described in Section 2.2 and Section 2.3, and are delivered with a volume identification prefix "P3D_c".

2.5 Employee and Contractor Use

You may transfer files containing the Assets or permitted derivative works to employees or subcontractors, provided that such employees and subcontractors agree to abide by the restrictions of this Agreement and only use the Assets on your behalf. The employees and subcontractors have no additional rights to use the Assets and must delete and/or surrender any copies of the Assets or derivative works thereof once their use on your behalf is complete.

3. Restrictions

3.1 General Restrictions

You must not misuse the Assets. Except as expressly permitted in Section 2 above, you must not:

  • sublicense, sell, assign, convey, transfer or attempt to transfer any of your rights under this Agreement;
  • sell, license or distribute the Asset as a stand-alone file or as part of an online database or any other database, in such way that would allow a third party to use, download, extract or access the Asset as a stand-alone file;
  • share the Asset with any other person or entity or post the Asset online in a downloadable format, post the Asset on an electronic bulletin board, forum, file-sharing site, or bittorrent site;
  • use, reproduce, distribute, perform, modify, or display the Asset (including, without limitation, by itself or in combination with any other work of authorship) in any manner that is libelous or slanderous or otherwise defamatory, obscene or indecent;
  • remove any copyright or proprietary notice or other information that may appear on, embedded in, or in connection with the Asset in its original received form, it being understood that you must include any and all such notices in any permitted backup copy of the Asset;
  • incorporate the Asset into a logo, trademark, or service mark;
  • take any action in connection with the Asset that violates any applicable law.

3.2 Derivative Works

You acknowledge and agree that modified Assets constitute "Derivative Works" and remain the copyright of Primmersive Designworks, LLC. As such, you must not sell, license or distribute any modified Asset as stand-alone or as part of an online database or any other database, or any derivative product containing the Asset in such way that would allow a third party to use, download, extract or access the Asset as a stand-alone file.

3.3 Duplication and Backups

Once received, you may freely make only the following copies of the Assets:

  • You may copy the Assets from your computer hard drive into your computer RAM; and
  • You may make one (1) back-up or archival copy of the Assets on one (1) hard disk, compact disc (CD), recordable digital versatile disc (DVD-R), or other storage device.

3.4 Website Use

Notwithstanding anything to the contrary contained in this Agreement, with respect to using and displaying the Asset on websites, you must take all reasonable actions to prevent website visitors from downloading or reusing the Asset.

3.5 Open Source Projects

You must not use the Assets in Open Source software projects, nor in any software development projects which allow access by an End-User to the original Asset as a stand-alone file.

3.6 Social Media Use

You cannot post the Asset on a Social Media Site (defined below) without prior written consent, in which case relevant copyright information must be visibly embedded onto the Asset. The terms of use governing the Social Media Site must not include any provision which would claim to grant any exclusive rights or ownership in respect of such Asset or modified Asset to anyone. "Social Media Site" means a website or application which has a primary focus on facilitating social interaction among its users and allowing users to share content in connection with such social interaction.

4. Virtual Worlds and OpenSimulator Grid Networks

4.1 Full Permission Rights in Virtual Worlds

You acknowledge that the term "Full Permission", as it applies to Asset rights within Virtual Worlds, neither grants nor implies any transfer of intellectual property rights or copyright to you, and that use of such "Full Permission" Assets within Virtual Worlds is permitted only within the grid network(s) in which the Assets are licensed and is subject to your compliance with the terms of this Agreement.

4.2 Permitted Uses in Virtual Worlds

Subject to your compliance with the terms of this Agreement, you are permitted to:

  • apply the Assets to the surfaces of 3D models and projects created for personal use and projects created for sale in Virtual Worlds or on web-based marketplaces designed for Virtual Worlds and their users;
  • modify the Assets and upload them into Virtual Worlds; and
  • apply modified versions of the Assets to the surfaces of 3D models and projects for sale in Virtual Worlds or on web-based marketplaces designed for Virtual Worlds and their users.

4.3 Restrictions on Use in Virtual Worlds

Except as permitted in this Agreement, you are forbidden to sell, resell, license, sublicense, or otherwise make available for free or in trade, the Assets, or derivative works thereof, as stand-alone files, nor include the Assets, nor derivative works thereof, as stand-alone files, within the item contents of 3D models or notecards. You are forbidden to use, distribute, or otherwise make available the Assets, nor derivative works thereof, as stand-alone files via global asset libraries, folders, or any other resource which would make available the Assets to any group of one or more users of such Virtual World.

5. Copyright

The Assets and all copyrights, trademarks and all other conceivable intellectual property rights related to the Assets are owned by Primmersive Designworks, LLC, and are protected by United States copyright laws, international treaty provisions and all applicable law, such as the Lanham Act. You must treat the Assets like any other copyrighted material, as required by 17 U.S.C., §101 et seq. and other applicable law. You agree to use your best efforts to see that any user of the Assets licensed hereunder complies with this Agreement. You agree that you are receiving a copy of the Assets by license only and not by sale, and that the "first sale" doctrine of 17 U.S.C. §109 does not apply to your receipt or use of the Assets.

6. NO WARRANTIES

PRIMMERSIVE DESIGNWORKS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE GRAPHICAL CONTENT. PRIMMERSIVE DESIGNWORKS DOES NOT WARRANT THAT THE RECEIPT OF THE GRAPHICAL CONTENT WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE GRAPHICAL CONTENT WILL MEET YOUR SPECIFIC REQUIREMENTS. ADDITIONAL STATEMENTS SUCH AS PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY PRIMMERSIVE DESIGNWORKS AND SHOULD NOT BE RELIED UPON.

7. Venue and Liability Limitation

This Agreement shall be construed in accordance with and governed by the laws of the State of New Jersey and U.S. Federal Law. Copyright and other proprietary matters will be governed by United States laws and international treaties. Exclusive venue for all litigation regarding this Agreement shall be in Middlesex County, New Jersey and you agree to submit to the jurisdiction of the courts in New Brunswick, New Jersey for any such litigation. IN ANY CASE, PRIMMERSIVE DESIGNWORKS AND PRIMMERSIVE DESIGNWORKS' ASSIGNS SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHER LEGAL THEORY EVEN IF PRIMMERSIVE DESIGNWORKS OR ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF SUCH DAMAGES ARE FORESEEABLE, OR LIABLE FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

8. U.S. Government Restricted Rights

To the extent applicable, the United States Government shall only have those rights to use the Assets as expressly stated and expressly limited and restricted in this Agreement, as provided in 48 C.F.R. §§ 227.7202-1 through 227.7204, inclusive.

9. General Provisions

Neither this Agreement nor any part or portion hereof shall be assigned or sublicensed by you. Primmersive Designworks may assign its rights under this Agreement in Primmersive Designworks' sole discretion. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of Primmersive Designworks to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.

If you fail to comply with any term of this Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED, WITHOUT NOTICE. In the event this Agreement is terminated, you shall have no right to use the Assets in any manner and you shall immediately destroy all copies of the Assets in your possession, custody or control. You agree to defend, indemnify and hold Primmersive Designworks and Primmersive Designworks' agents harmless from and against all damages, losses, lawsuits, claims and causes of actions arising out of or relating to Your Software Development Projects, whether in whole or in part, and/or the reproduction, distribution or other use thereof, whether in whole or in part.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE PURCHASE AND USE OF THE GRAPHICAL CONTENT, BY LOADING OR INSTALLING THE GRAPHICAL CONTENT, OR BY PLACING OR COPYING THE GRAPHICAL CONTENT ONTO YOUR COMPUTER HARD DRIVE OR RAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN PRIMMERSIVE DESIGNWORKS AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN PRIMMERSIVE DESIGNWORKS AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

All rights not expressly granted in this document are reserved by Primmersive Designworks.
PRIMMERSIVE is a Registered ® Trademark of Primmersive Designworks, LLC.
Trademark Reg. U.S. Pat. And TM Off.

This License Agreement was modified on 27 July 2015 to: simplify language and license terms, and to add license terms for DVD Collections products.



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