End User Licence Agreement
- By clicking the “Accept” button accepting this End User Licence EULA (EULA) or by downloading or using the Asset the User signifies that they have read and agree to all the terms of this EULA.
- If the User does not agree to the terms of this EULA, the User must not select the “Accept” button or download the Asset.
- Vastview offers for sale a licence to Assets owned or licensed by Vastview via the Website.
General Licence EULA
- We may collect the following types of personal information:
- Assets Licence. Vastview grants to the User and the User hereby accepts, subject to the limitations and obligations of this EULA, a personal, non-exclusive, non-transferable licence to use the Assets, duly obtained by payment of all applicable licence fees, as provided in this EULA.
- Title and Ownership. The Assets contains Intellectual Property and/or proprietary information protected by the laws of Australia and/or international laws and treaties. Vastview retains all rights in, title to, and ownership of the Assets and related Intellectual Property. Vastview gives no rights or warranties with regard to the use of any objects, names, trademarks, service marks, or works of authorship depicted in any Assets and the User is solely responsible for separately obtaining all such necessary rights or consents that may be required for any particular use of objects, names, trademarks, service marks or works of authorship.
- Restrictions on Copying. The Asset is provided for the User’s personal use. The User does not have the right to provide the Assets to others in any form or on any media except as set forth in this EULA. The Assets may only be copied in whole or in part for the User’s personal use. Specifically, the User may copy the Assets onto the storage device of an unlimited number of computers owned or controlled by the User. The Assets is for the User’s personal use and no other individual or entity. Each User must obtain a separate Licence.
(a) access, use, copy and modify the Assets;
(b) incorporate the Assets in the User’s other works, and
(c) publish, market, distribute, transfer, sell or licence the User’s works that incorporate an Asset; provided that the User may not in any case publish, market, distribute, transfer, sell or sub-license any renderings, animations, software applications, data or any other product from which any Assets, or any part thereof, or any substantially similar version.
- Physical copies. The creation of three-dimensional physical representations (3D-print, moulded copy, CNC-routed copy, and the like) of Assets or any three-dimensional art derived from the Assets is permitted only for personal, non-commercial use by the User. Additionally, the User may not grant other entities or individuals the right to produce such physical representations of the Assets except for the sole purpose of providing the print to the User for their personal use.
- Other rights reserved. All other rights with respect to the Assets and its use are reserved by Vastview.
- Other Restrictions. This EULA is the User’s proof of Licence to exercise the rights granted herein and may be printed and retained by the User. The User shall not give, sell, rent, lease, sub-license, or otherwise transfer or distribute any Assets on a temporary or permanent basis without the prior written consent of Vastview . The User may not reverse engineer, de-compile, disassemble, or create derivative works from the Assets except as otherwise set out in this EULA.
- Indemnity. The User agrees to indemnify Vastview and hold Vastview harmless against all liability resulting from or related to any claim that:
(a) any content or work created by the User, or
(b) the User’s use of any Assets, infringes any third-party patent right, copyright or other intellectual property right, or misappropriates, or misuses any trade secret or other proprietary right, or any portion thereof, of any third party.
- Limited Warranty. Vastview warrants to the User that, to the best of its knowledge, the digital data comprising the Assets developed and owned by Vastview, does not infringe the rights, including patent, copyright and trade secret rights, of any third party, nor was such digital data unlawfully
copied or misappropriated from digital data owned by any third party; provided, however, that Vastview makes no representation or warranty with respect to infringement of any third party’s rights in any image, trademarks, works of authorship or object depicted by such Assets or in any Assets developed by Vastview.
- Australian Consumer Law. If the Competition and Consumer Act 2012 (Cth) or any similar law applies and an implied condition or warranty cannot be excluded under this EULA, Vastview’s liability will be limited, at its discretion, to either the replacement or resupply of the goods or services.
- Users who are consumers have certain rights under the Australian Consumer Law, known as ‘consumer guarantees’. These rights include guarantees that the goods supplied:
(a) will be of acceptable quality;
(b) will be reasonably fit for any purpose made known to Vastview before it supplied them to the User; and
(c) will correspond with any description, sample or demonstration model.
- These consumer rights include guarantees that the services supplied:
(a) will be carried out with due care and skill;
(b) will be fit for the purpose disclosed; and
(c) will be supplied within a reasonable time.
- This is a summary of some of the User’s rights under the Australian Consumer Law, if applicable. It is not exhaustive and is not legal advice. Nothing in this document is intended to override or limit any rights the Users have under the Australian Consumer Law..
- Nothing in this EULA operates to limit or purports to limit any consumer rights which the User has and which cannot be contracted out of (including any State or Territory consumer protection legislation).
- No other Warranties. Except as expressly provided above, the Assets and all related documentation are provided on an “as is” and “as available” basis, without warranty of any kind, and hereby disclaims all other warranties, express, implied or statutory, including, but not limited
to, any implied warranties of merchantability, non-infringement and fitness for a particular purpose, and any warranties arising from usage of trade or course of dealing or performance. In no event shall Vastview or their dealers, distributors, officers, agents, employees, or suppliers be
liable for any indirect, incidental, special, punitive, or consequential damages whatsoever, whether based on contract, tort, warranty, or other legal or equitable grounds, including, without limitation, damages for loss of business profits, business interruption, loss of business information,
or other pecuniary loss, arising out of the use of or inability to use the content, even if Vastview has been advised of the possibility of such damages. In addition, in no event shall Vastview’s cumulative liability hereunder exceed the Licence fees paid by the User to Vastview for licensing the content.
- No Liability for hardware or software. The User assumes complete responsibility for all hardware and software used in conjunction with the Assets. Vastview shall not be responsible in any way for the non-performance or malfunction of any hardware or software.
- Remedies. The remedies provided herein shall not be deemed exclusive, but shall be cumulative and shall be in addition to all other remedies provided by law and equity. No delay or omission in the exercise of any remedy herein provided or otherwise available to Vastview shall impair or effect Vastview’s right to exercise the same. An extension of indulgence or forbearance (which must be in writing) shall not otherwise alter or effect Vastview’s rights or obligations nor be deemed to be a waiver thereof.
- Injunctive Remedies. The parties hereto agree that breach of any provisions of non-disclosure,
secrecy, confidentiality, copying, use, protection, and security in this EULA by the User will causeimmediate and irreparable damage and injury to Vastview . Each of the parties confirms that damages at law may be an inadequate remedy for breach or threatened breach of any such
provisions. The parties agree that in such event Vastview shall be entitled by right to an injunction restraining the User from violating any of said provisions. The User hereby acknowledges that:
(a) Vastview has disclosed or will disclose to the User valuable proprietary data products, which are new and unique and give Vastview a competitive advantage in the marketplace;
(b) Vastview intends to use such information to expand its business throughout the world; and that a violation of any of the provisions of this EULA is material and important and Vastview shall, in addition to all other rights and remedies available hereunder, at law or otherwise, be entitled to an injunction to be issued by any court of competent jurisdiction enjoining and restraining the User from committing any violation of said provisions, and the User shall consent to the issuance of such injunction. The User acknowledges that the remedies provided for in this EULA are not injurious to or violative of any public interest or policy, and will not create a hardship greater than is necessary to protect the interests of Vastview
- Dispute Resolution. Any dispute, controversy or claim arising out of, relating to or in connection with this agreement, including any questions regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Expedited Arbitration Rules. The seat of arbitration shall be Melbourne, Australia. The language of the arbitration shall be English. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction for injunctive or other equitable relief without breach of this arbitration provision.
- Costs and Expenses of Enforcement. In the event of the failure of either party hereto to comply with any provisions of this EULA, the defaulting party shall pay any and all costs and expenses, including reasonable legal fees arising out of or resulting from such default (including any incurred in connection with any appeal), incurred by the injured party in enforcing its rights and remedies, whether such right or remedy is pursued by filing a lawsuit or otherwise.
- Governing Law. This EULA and the relationship of Vastview and the User is governed by the laws of the State of Victoria Australia, without regard to its conflict of law provisions and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The parties
submit to the exclusive jurisdiction of the Courts of Victoria, Australia.
- Severability. If any part of this EULA is found to be unenforceable, the other provisions shall remain fully valid and enforceable. It is the intention and agreement of the parties that all of the terms and conditions hereof be enforced to the fullest extent permitted by law.
- Assignment. This EULA, and any rights and Licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by Vastview without restriction.
- Definitions Asset means any software asset created by Vastview that is available under a Licence to Users including three dimensional representations or model assets, and textures and in particular, high quality 3D assets optimized and ready to be used in the Unreal engine environment. Intellectual Property includes trademarks, patents, copyrights, processes know-how, registered designs or other like rights or any right to apply for registration of any of the former. Licence means a licence granted to use an Asset in accordance with this End User Licence Agreement as amended from time to time. User means a user of the Website that acquires or seeks to acquire a licence to use an Asset. Website means the domain http://www.ue4assets.com and all sub-domains.