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Royalty Free License
This is a legally binding agreement between licensee (“you”), and C4ddownload regarding your rights to use Stock Media Products from the Site under this license. “You” refers to the purchasing entity, whether that is a natural person who must be at least 18 years of age, or a corporate entity. The rights granted in this agreement are granted to the purchasing entity, its parent company, and its majority owned affiliates on a “royalty free” basis, which means that after a Purchase, there are no future royalties or payments that are required. Collectively, these rights are considered “extended uses”, and are granted to you, subject to applicable Editorial Use Restrictions described below. The license granted is wholly transferable to other parties so long it is in force and not terminated, otherwise violated, or extinguished, as set forth herein.
This agreement is intended to be easy to understand, and to provide clarity for using Stock Media Products in the work you create (“Creations”). Over the years, C4ddownload has been asked many questions about how Stock Media Products may be used in Creations, and we have attempted to answer those questions in this agreement.
Some words in this agreement are given specific meanings. Words that appear initially in quotations, such as “you” and “Creations”, are defined in the text preceding the word. Other capitalized words are defined below:
- “Stock Media Product” is the collection of one or more digital files, packaged in the form of a product on the Site that can be identified by a product ID, and that is uploaded by you, or otherwise made available to you, for Purchase on the Site. A Stock Media Product may include 3D models, texture maps, motion captures, photographs, imagery, application and plug-in software, materials and shaders, shapes and vector graphics, training materials, building components, sound effects, stock music, and videos. Additionally, a Stock Media Product may include a number of individual files of different file formats to make it easier for Customers to work in a variety of software applications (such as 3ds Max, Maya, and Cinema 4D), and may also include other files (such as jpeg images used for texturing), and images or other files that are used for promotional purposes. For Customers and their use in Creations, this definition also includes derivative and intermediary files used for that purpose.
- “Site” refers to the C4ddownload websites, API’s, software applications or any approved means or utility either currently in existence or in the future; the software and source code used by C4ddownload to provide such services; user interface layouts, designs, images, text, knowledge base articles, program offers; site information provided in reports (such as popular keyword searches); and all other intellectual property protected under copyright, trademark, patent, publicity, or any other proprietary right.
- “Purchase” is the acquisition of a Stock Media Product by you from the Site under this agreement, whether as a purchase of Stock Media Product made available at a price of greater than $0, or a download of Stock Media Product made available at no charge.
- “C4ddownload” includes C4ddownload, Inc., d/b/a the C4ddownload brand and all licensed affiliates and partners that distribute Stock Media Products on behalf of C4ddownload, Inc.
- “Product Page” is the product page or interface that displays Stock Media Products available for Purchase on the Site.
- “Computer Game” is a type of Creation that includes digital games, computer-based games, handheld electronic games, mobile games, online games, social games, game mods, and console-based games.
- “Imagery” is a Creation made of any single image or sequence of images.
- “Intellectual Property” means, copyright, trademark, trade secret, right of publicity, or any other proprietary right throughout the world.
To make reading this agreement easier and less repetitive, the following constructions are used:
- “Include,” including,” and “such as” are considered to be followed with “but not limited to.” Examples are used in this agreement to illustrate, rather than limit, the scope of the terms.
- “The following restrictions”, “the foregoing restrictions”, and “subject to the restrictions” are considered to be followed with “in addition to all other restrictions applicable within this agreement.”
- Ownership. C4ddownload does not grant title or ownership in Stock Media Products. All rights in Stock Media Products not expressly granted in this agreement are reserved by C4ddownload for itself and its licensors.
- Rights Granted. For Stock Media Products, C4ddownload grants to you 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 Stock Media Products within Creations in the uses authorized in this agreement. You may request authorization for a use not covered by this agreement (“New Use”) by writing email@example.com. C4ddownload is authorized to approve a New Use if C4ddownload finds in its sole judgment that the New Use is substantially similar to another established use in this agreement, and authorizes the New Use in writing.
- Rights Granted When Sharing Stock Media Products. If you Purchase as an employee of a corporate entity,sharing Purchased Stock Media Products with other employees of your corporate entity is allowed. Examples of allowed sharing include storing files on a networked hard drive, and aggregating Stock Media Products for later use in future Creations. You are responsible for any downstream distribution, use, or misuse by a recipient of a shared Stock Media Product.In all cases, sharing Stock Media Products with external people or entities is only allowed in the following situations, and with the following restrictions:
- In the production of a Creation owned by you, if you are working in collaboration with external parties, and there is a need to share Stock Media Products for the development and production of your Creation, sharing Stock Media Products with those external parties is allowed. Any external party that receives Stock Media Products may only use Stock Media Products on your Creations and must take reasonable care to secure and limit access to Stock Media Products to that purpose.
- In the production of a Creation owned by another entity (“your Client”), if you are working as a contractor and need to share Stock Media Products with your Client, or any external parties working with your Client, sharing Stock Media Products is allowed, subject to the restriction that all parties may use Stock Media Products only for your Client’s particular Creation, and for successive versions of your 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 Stock Media Products to the parties working on your Client’s Creation. For all other use by any party, Stock Media Products must be Purchased again to create a new license agreement governing that use.
- Editorial Use Restriction for Some Stock Media Products. The following restrictions apply to any Stock Media Product affixed with an “Editorial” notice on its Product Page. The Editorial notice is one way to alert you that certain subject matter depicted by Stock Media Products, such as a manufactured product under a brand name, may be protected by another party’s Intellectual Property rights (“Other-Party Intellectual Property”). Permitted use of Other-Party Intellectual Property in Stock Media Products is limited to news reporting in Creations of some cultural, editorial, journalistic, or otherwise newsworthy value, and includes news reporting on television and the internet. This restriction does not apply if you have the needed authorization to use the Other-Party Intellectual Property for your Creation, such as if you are the Intellectual Property owner yourself, or an Intellectual Property owner’s advertising team, hired party, or licensee purchasing that company’s product.
- Other-Party Intellectual Property. C4ddownload does not own or license any Other-Party Intellectual Property. C4ddownload does not in any way make any representations or warranties about Other-Party Intellectual Property associated with Stock Media Products. You are solely responsible for determining the need for and, if appropriate, obtaining any needed Other-Party clearance, consent, or release to use any Other-Party Intellectual Property in your Creations.
- Creations of Imagery.
Subject to the following restrictions, you may use Creations of Imagery within news, film, movies, television programs, video projects, multi-media 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;
- Computer Games and Software.
Permitted Uses in Creations of Computer Games and Software. Subject to the following restrictions, you may include Stock Media Products 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 Stock Media Products in Creations of Games and Software.
- Interactivity. Your inclusion of Stock Media Products within any such Creation is limited to uses where Stock Media Product 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.
- Access to Stock Media Products. You must take all reasonable and industry standard measures to prevent other parties from gaining access to Stock Media Products. Stock Media Products 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. You may NOT publish or distribute Stock Media Products in any open format, or format encrypted with decryptable open standards (such as WebGL or an encrypted compression archive).
- Open Systems. You may NOT include Stock Media Products in Creations that have the general functionality for importing and/or exporting Stock Media Products. An example of such a prohibited use is to include Stock Media Products as a starter library within a Creation that allows users to generally work with 3D models, even if the Stock Media Product itself is somehow protected and is not capable of being exported. Instead, the users of such a software application may Purchase Stock Media Products directly from the Site.
- Virtual Good Sales. You may NOT import, upload, reproduce, make available, publish, transmit, distribute, or sublicense Stock Media Products in Creations of virtual goods or worlds for any 3D community (“Virtual World”), unless you or your Client owns the Virtual World platform and it complies with the foregoing restrictions.
- Creations of Physical Form.
Permitted Uses in Creations of Physical Form. Subject to the following restrictions, you may use Stock Media Products 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.
- Substantially Similar Creations. Permitted use of any Creation of Physical Form in which a Stock Media Product is untransformed or substantially similar to the Stock Media Product, is limited to personal use, gifts, or charitable donations, with a maximum of 5 instances of such Creation per Purchase; unless the Stock Media Product is a small part of a much larger array of other physical objects in the Creation. For example, if you are 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 Stock Media Product, but it is not permitted to sell the 3D printed head by itself. Another permitted example of a Stock Media Product 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.
- No Other-Party Intellectual Property. You may NOT reproduce Other-Party Intellectual Property in any Creation of Physical Form for any purpose.
- 3D Industry Promotional Use. If C4ddownload has granted you, as a hardware or software partner, access to priced Stock Media Products on a free-of-charge basis, your use of Stock Media Products is restricted to internal testing for your 3D software or hardware products, and to the promotion of your software or hardware products with Creations of Imagery provided that an attribution of the artist’s name and the Site are included. You agree that should any Stock Media Products be used outside of these purposes in ways that are normally allowed after a Purchase, that you will promptly Purchase the Stock Media Products and otherwise comply with the terms herein.
- Unauthorized Use. If you use Stock Media Products in an unauthorized way, C4ddownload may terminate your account and pursue other penalties, damages, losses, and profits C4ddownload is entitled to under this agreement or at law or equity. The following are unauthorized uses that are explicitly prohibited:
- Competition. You may NOT use Stock Media Products in a way that competes with the Site or the Stock Media Products themselves.
- Re-Distribution. You may NOT re-distribute, publish, or make Stock Media Products available to any third party except in the form of a permitted Creation, or shared as authorized in this agreement.
- Group Buying. You may NOT aggregate funds to Purchase Stock Media Products 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.
- Stock Media Product Clearinghouses. You may NOT publish, distribute, or make Stock Media Products available through any online clearinghouse infrastructure.
- No Obscene or Unlawful Use. You may NOT use Stock Media Products for any defamatory, harassing, pornographic, obscene, or racist purpose, or to infringe any party’s Intellectual Property rights.
- False Attribution. You may NOT misrepresent yourself as the creator of Stock Media Products.