End-User-License-Agreement

1. Introductory Clause

Item3D GbR (hereinafter referred to as „Item3D“) offers a library containing 3D models and textures for purchase. The purchase of Item3D products comes with an End-User-License-Agreement („EULA“ or „Agreement“), that regulates the use of Item3Ds service and products, and the rights of the individual end user (hereinafter referred to as „User“ or „You“).

In case You are entering this agreement on behalf of another company, You are required to confirm that You have the authority to bind such entity and its affiliates to the terms and conditions of this Agreement. In this case, the terms „You“, „Your“ or „User“ shall refer to such entity, its affiliates and users associated with it.

You agree to receive communications from Item3D electronically. Relevant information will be posted on the Item3D website or sent by email to You. You will need to consent that all agreements, notices, disclosures and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

Please be sure to read this Agreement carefully before using any Item3Ds service, or purchasing and downloading any Item3D products. By clicking the „Place order“-Button on purchases, You are acknowledging that You have read, understood and agreed our EULA.

If You do not agree to the terms of this Agreement, You may not use Item3Ds service, nor download or use any products provided by Item3D.

2. Permitted Use/License Granting

Item3D grants You a non-exclusive, non-transferable, revokable license to use their products for personal or commercial purposes for an indefinite period of time. You aquire only the licensing rights, whereas the intellectual property rights and copyrights remain with Item3D.

You will need a valid email address to create an account with the official Item3D website. Once an account is created, Users can purchase Item3D products and textures. The Agreement will enter into effect as soon as a binding order is placed, and the license is granted after any fees payable to Item3D have been paid in full.

The license grants You the rights to use the asset, but not to sell those products on to a third party. While You may edit the product for Your own projects, it does not change the nature of the property or copyrights to the product. The modified object still remains subject to this license. You may not resell, share, distribute, sublicense or multiply the original, nor any edited products.

You may delete Your account with Item3D at any time, but will immediately lose access to your purchased assets, if they have not been previously downloaded. This is irreversible, therefore it is advisable to save Your purchased products to Your personal hard drive. Kindly note that the termination of your account with Item3D does not end the terms of the Agreement.

3. Restricted Use

The User shall use the Item3D service strictly in accordance with the terms laid out in this Agreement, and agrees not to resell, give, share, sublicense, distribute or multiply any products purchased, nor any parts thereof. Additionally, the User also does not have the right to sell 3D models, textures or any 3D scenes that may contain Item3D models, nor parts thereof, modified or original.

Item3D assets shall not be used in any designs encouraging racial, religious or ethical hatred, nor used in content propagating violence, any totalitarian political systems or any illegal activity or purpose. The Item3D products shall not be used in any manner which breaches this Agreement, nor violates the rights of a third party, including intellectual property rights without limitation.

4. Termination Conditions

This Agreement takes effect on the first date You purchase the product and will be ongoing until terminated either by Yourself or by Item3D. You may terminate this Agreement by permanently deleting and destroying Item3D products, any backup copies thereof, any modificated files of the product, as well as any related assets, including, but not limited to, textures, materials, scripts and information provided. After termination, You shall cease to use said product.

In the case of a breach of Agreement, Item 3D has the right to terminate the Agreement immediately and block the User account in accordance with the regulations. After termination, the User shall cease to use the service provided, as well as any Item3D products, and permantely delete and destroy all saved copies of Item3D assets, including their related assets, as stated above. Should Item3D terminate the service based on the Users breach of the Agreement, You will receive no refund of prepaid fees, as applicable.

Sections 6, 7, 8, 9, 10 and 11 will remain effective after the termination of this Agreement.

5. Warranty Disclaimer

Item3D offers its service with all reasonable efforts to provide the User with a fast, reliable and enjoyable experience, but cannot make any representation or warranty as to the completeness or accuracy of the service or information contained therein. It is also not represented or warranted that the service will be available at all times, error-free, secure, up to date or that it will function in a manner or as fast or efficient as expected or desired.

You acknowledge that Item3D products are provided „as is“ without any kind of warranty, including, but not limited to satisfactory quality, fitness for a particular purpose, accuracy and non-infringement. Item3D reserves the right to edit, add or to delete its service at any time. You assume all responsibility of using Item3Ds service or its assets.

Item3D assets are all digital and therefore non-refundable. By placing your purchase, you agree to these terms. Item3D will only be held liable if and to the extent you sustain damages which were caused by gross negligence or willful misconduct of Item3D. In that case, Item3D may, at its sole discretion, offer you a full or partial refund of the fees paid. Please contact info@item3d.com for support and/or refund issues.

6. Limitations of Liability

Item3D cannot be held liable for any direct, indirect, punitive, special, incidental or consequential damages that result from your use of Item3Ds service, assets or related documentation or in connection with or arising out of or relating to this Agreement (including, but not limited to, hardware malfunction, loss of reputation or goodwill, loss of business, revenue, profits, use, data, or other economic advantages). Despite any damages you might experience, the liability of Item3D shall not exceed the amount actually paid by the User for the service and/or product.

To be entitled to any compensation from Item3D, you must:
1. notify us in writing of the claims;
2. give Item3D sole control over the defence and settlement of the claims;
3. you shall cooperate with Item3D at your own expense in all aspects in connection with the defense of any such claim.

Any claims regarding this Agreement must be commenced within one year after the cause of action occured. Otherwise, such cause of action is permanently barred.

Item3D has no liability in the event that the user failed to comply with the terms of this Agreement.

7. Copyright Infringement and Intellectual Property

You acknowledge and agree, in the event of a third party claim, that Your use of Item3D assets infringes any third party’s intellectual property rights, You, and not Item3D, will be held responsible for the investigation, defense, settlement and discharge of any such claims of intellectual property infringement. You shall, however, notify Item3D in writing about any such claim, as soon as the matter arises.

8. Jurisdiction and Governing Laws

This Agreement is governd by the federal Laws of Germany. To the extent permitted by law, the disctrict court of Bonn, Germany will be the exclusive jurisdiction for disputes arising out of or in connection with this agreement.

9. Related Agreement

The use of Item3Ds service and assets is also subject to Your Agreement with us concerning your use of the item3D.com website and the services provided through that website. This EULA hereby incorporates by reference all terms, condition rules, policies and guidelines on the website, including the Item3D Terms & Conditions, Withdrawal Policy and Privacy Policy.

10. Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

11. Amendments to this Agreement

Item3D reserves the right, at its sole discretion, to modify or replace this EULA at any time. Such changes will be posted to the Item3D website and/or communicated to You by email. Additions, revisions and replacements will become part of this Agreement effective immediately. As Your continued use of the Item3D service constitutes your binding acceptance of this Agreement, please make sure to regularly check the Item3D website and EULA for any changes or updates.

This Agreement does not constitute a partnership or joint venture between You and Item3D, and neither party has any right to bind the other party in any manner whatsoever.

12. Contact Information

If you have any questions about this Agreement, please contact us:

Item3D GbR
***strasse 10
53757 Sankt Augustin
Germany

Email: info@item3d.com

Last updated 05/2021