End User License Agreement
KITBASH3D 3D MODEL KIT LICENSE FOR ALL KITBASH3D PRODUCTS. Notice to user: THIS IS A LICENSE AGREEMENT BETWEEN YOU AND KITBASH3D. BY INDICATING YOUR ACCEPTANCE AS SET FORTH BELOW, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
1. SINGLE PERSON USE LICENSE. This License Agreement accompanies www.kitbash3d.com and all its 3D architectural asset kits and/or any and all pieces contained within each individual kit for sale. KitBash3d grants to You a nonexclusive, nontransferable, royalty-free license to use the items in the 3D model kits only. This copy of the 3D model kit/kits is licensed to You as the end user of the 3D model kits. You agree that this License Agreement is enforceable like any written negotiated agreement signed by You and that Your use of the 3D model kits constitutes acceptance of the Agreement terms. If You do not agree to the terms of this Agreement, do not use these 3D model kits. By agreeing, You are automatically acquiring a SINGLE PERSON USE LICENSE for either personal, educational or commercial use. If You are a team or studio attempting to acquire a Multi-Person Use License, Studio License or Enterprise License, you must contact KitBash3d at firstname.lastname@example.org to receive a quote appropriately calculated to accommodate the number of people using the KitBash3d products.
2. LIMITED LICENSE. Upon purchase of the non-refundable license fee, KitBash3d, grants you a non-exclusive, non-transferable, limited right to use KitBash3d 3D model kits for personal, educational or commercial use by you at a single, geographical location (the “Licensed Location”). You may not store KitBash3d models on a file server that can be accessed via the Internet or other external network system by computers not located at the Licensed Location.
3. PROPRIETARY RIGHTS. As a fellow artist, it is Your duty to understand that these kits have taken KitBash3d and all the artists involved an incredible amount of time and craft to bring to You. By purchasing a KitBash3d product and entering this agreement, You agree to not duplicate, share, or torrent any portion of a KitBash3d product or KitBash3d product as a whole. The items contained in the 3D model kits are the intellectual property of KitBash3d and are protected by United States copyright and patent law, international treaty provisions and applicable laws of the country in which it is being used. You agree to protect all copyright and other ownership interests of KitBash3d in all items in the 3D model kits supplied under this License Agreement. KitBash3d retain title and ownership of the intellectual property of the items in the 3D model kits, WHICH DOES NOT EXTEND to the actual media in which the 3D model kits are utilized for. Except as stated above, this License Agreement does not grant You any rights to patents, copyrights, trade secrets, trademarks or any other rights in respect to the items in the 3D model kits.
4. KitBash3d is under no obligation to provide any support under this License Agreement, including upgrades or future versions of the 3D model kits or any portions thereof, to Artist, end user or to any other party. KitBash3d is acting on behalf of its artists for the purpose of disclaiming, excluding and/or restricting obligations, warranties and liability as provided in the above, but in no other respects and for no other purpose.
5. If You upload, send, or post any information to the Company (including, but not limited to, notes, text, drawings, images, videos, designs, or computer programs), You shall retain all rights to such submissions, but You additionally grant KitBash3d the non-exclusive right and license to use, reproduce, edit, or alter any such submissions for any purpose, commercial or otherwise, as it sees fit, without any acknowledgment or compensation to You.
6. Purchasing the 3d model kits doesn’t allow for reselling of its parts or as a whole (as digital 3d models or 3d printed model kits or molds consisting of 3d printed parts) to any 3rd party without incorporating the 3d model kits in Your own unique work, including Your own unique models and/or combining the 3d models of another 3rd party source. The 3d model kits purchased on www.kitbash3d.com qualify for commercial use ONLY as additional parts to Your work and NOT as a sole product.
7. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR APPLICATION FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
8. LIMITATION OF LIABILITY. Notwithstanding any other provisions of this License Agreement, KitBash3d's liability to You under this License Agreement shall be limited to the amount paid by You for the 3D model kit. IN NO EVENT WILL KITBASH3D OR ITS ARTISTS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES INCLUDING DAMAGES FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF DATA, COSTS, FEES OR EXPENSES OF ANY KIND OR NATURE ARISING OUT OF ANY PROVISION OF THIS LICENSE AGREEMENT OR THE USE OR INABILITY TO USE THE ITEMS IN THE 3D MODEL KIT, EVEN IF A KITBASH3D REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitation or exclusion may not apply to You. Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer.
9. NO OTHER USE. License Transfer: You may not rent, lease, sublicense, distribute, lend nor transfer 3D model kits or any copy or portion of the 3D model kits without prior written consent from KitBash3d.
10. WARRANTY. KitBash3d warrants that the 3D model kits will perform as advertised in effect at the time of the commencement of this license. The 3D model kits sold on www.kitbash3d.com are not intended for real-world practical architectural application. KitBash3d will correct substantial malfunctions occurring during this warranty period provided that such malfunctions are reproducible, your product is properly registered, and You give immediate notice and sufficient detail of such malfunctions to KitBash3d. KitBash3d will have no responsibility to comply in the event that You fail to provide proof you licensed a KitBash3d model kit from the Site.
11. Disclaimer: NO REFUNDS. EXCEPT AS EXPRESSLY PROVIDED IN THE FOREGOING PARAGRAPH, KITBASH3D MODELS ARE PROVIDED “AS IS.” KITBASH3D CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING KITBASH3D. EXCEPT FOR FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY WHICH MAY NOT BE LIMITED OR EXCLUDED BY LAW APPLICABLE IN YOUR JURISDICTION, KITBASH3D, MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO OTHER MATTERS, INCLUDING WITHOUT LIMITATION, NON INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Your license for KitBash3d model kits is non-returnable and nonrefundable.
12. INTEGRATION. When conflicting language exists between this License Agreement and any other agreement included in the 3D model kit, this License Agreement shall supersede. If either KitBash3d or Artist employs attorneys to enforce any rights arising out of or relating to this License Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees. You acknowledge that You have read this License Agreement, understand it and that it is the complete and exclusive statement of Your agreement with KitBash3d which supersedes any prior agreement, oral or written, between KitBash3d and You with respect to the licensing to You of the 3D model kit. No variation of the terms of this License Agreement will be enforceable against KitBash3d unless KitBash3d gives its express consent, in writing signed by an officer of KitBash3d. The English language version of this Agreement shall be the version used in the event any dispute arises hereunder. All translations of this Agreement are for convenience only and shall not be used by the parties or any court when interpreting or construing this Agreement.