LIGHTARCHITECT 3D Model Asset Database Terms of Use for a Multi User License

Territory: State of California, United States of America

Last Updated 7/7/2018

Please consult www.lightarchitectaddon.com for superseding versions of this Terms of Use Policy.

 

YOU MAY NOT USE THE LIGHTARCHITECT 3D MODEL ASSET DATABASE INCLUDED IN THE ADD-ON UNLESS YOU AGREE TO THE PROVISIONS BELOW. BY USING THE 3D MODELED ASSETS INCLUDED IN THIS DOWNLOAD YOU AGREE TO ALL OF THESE PROVISIONS.

1.     Introduction.  This License Agreement is a legal agreement between you (a private educational institution or an individual affiliated with a private educational institution) and LIGHTARCHITECT, LLC that governs the use of the 3D Assets included in the LIGHTARCHITECT Add-on. In purchasing the digital products on www.lightarchitectaddon.com you agree on behalf of the institution you are affiliated with to follow the terms of use in this document.

 

BY CLICKING “I AGREE”, OR BY TAKING ANY STEP TO DOWNLOAD, INSTALL OR USE THE LIGHTARCHITECT ADDON AND THE INCLUDED 3D ASSETS, YOU (A) REPRESENT THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN YOUR STATE, PROVINCE JURISDICTION OF RESIDENCE AND, IF APPLICABLE, YOU ARE AUTHORIZED BY YOUR EMPLOYER TO ENTER INTO THIS CONTRACT AND (B) YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS IN THIS DOCUMENT, DO NOT USE THE 3D ASSETS INCLUDED IN THIS ADD-ON DOWNLOAD.

 

2.     License

·      Limited License Grant. Upon payment of the non-refundable licensing fee, LIGHTARCHITECT LLC grants the private insitution you are affiliated with a limited, non-exclusive, non-transferrable, revocable license to use the 3d assets included in the LIGHTARCHITECT add-on on up to 100 electronic devices owned and controlled by the educational institution you are affiliated with. By purchasing the LIGHTARCHITECT script and 3d assets from lightarchitectaddon.com you are acquiring a Multi User Use License for one institution you are affiliated with only.  This is NOT an agreement of ownership. You may not store LIGHTARCHITECT 3D Models on a file server that can be accessed through the internet or other external network system by digital devices not used by the affiliated institution.

·      Reservation of Rights. The 3d modeled assets included in this download are licensed, not sold, to the institution you are affiliated with by LIGHTARCHITECT LLC. LIGHTARCHITECT LLC owns all rights to the 3d assets included in this download not specifically granted to you in this license agreement. You agree to refrain from any action that would diminish such rights or would call them into question.

3.     Restrictions of Use.

·      General Restrictions on Use. You shall use the 3d models included in all downloads from lightarchitectaddon.com in accordance with the terms of the Related Agreements and shall not: (a) violate any applicable laws, rules or regulation in connection with your access or use of the 3d models included; (b) sell, distribute or share any derivative modified copy of any 3d model included in the LIGHTARCHITECT 3d Asset database; (c) use the 3d modeled assets for creating a product, service or software that is, directly or indirectly, competitive with or in any way an alternative for any services, product or software offered by the LIGHTARCHITECT add-on; (d) remove, alter or hide any proprietary notice (including any notice of copyright or trademark) of the LIGHTARCHITECT Company; (e) share 3d models with a second business entity (e.g. your subsidiary, advertising agency, parent company, service bureau, etc.) ; (f) use 3d models at a location other than ones affiliated with your private institution; (g) resell or redistribute 3d modeled assets included in the LIGHTARCHITECT 3d asset database (For Instance: you cannot add the 3d modeled assets included in this LIGHTARCHITECT download to the models you plan to sell on websites such as Sketchfab.com or similar).

·      Permitted Copies. In purchasing the LIGHTARCHITECT 3d Assets included in this download from www.lightarchitectaddon.com you are permitted to use the 3d models for educational use at up to 100 multiple electronic locations owned by the private institution you are associated with (the “Licensed Locations”). You may not duplicate or copy the 3d modeled assets except as needed to use it as expressly permitted by this Agreement. While you may make one (1) personal copy of the 3d models included in this download for backup purposes, you may not store LIGHTARCHITECT 3D models on a file server that can be accessed through the internet or other external network system by computers not located at the Licensed institutional Locations. You may not resell any part of the 3d models included in this download.

4.     Termination of Use. This agreement is effective upon your acceptance of the Agreement, or upon downloading, purchasing or accessing the 3d models in the LIGHTARCHITECT 3d Asset Database. The license rights granted under this agreement will immediately and automatically terminate without notice if you or the institution you are associated with fail to comply with any term or condition in this Agreement. Upon termination, you as the customer must destroy all copies of 3d models from the LIGHTARCHITECT 3d model asset database. The balance of the Agreement shall survive any such termination of license rights.

5.     Intellectual Property Rights. You as the purchaser on behalf of the private institution acknowledge and agree that the 3d models included in a download from www.lightarchitectaddon.com and permitted copies, and the trademarks associated with lightarchitectaddon.com, are the intellectual property owned by LIGHTARCHITECT LLC. Any 3d model or library sold on www.lightarchitectaddon.com is protected by Copyright Laws including without limitation, by United States Federal Copyright Law, California State Intellectual Property Law, international treaty provisions, and applicable laws in the jurisdiction of use.

 

It is important to note that LIGHTARCHITECT is a 3d asset based previsualization add-on for Blender 3D. LIGHTARCHITECT is not affiliated with or endorsed by companies creating similar items in the real world. Intellectual property of similar items belongs to the original rights holders.

 

You may not copy 3d models belonging to any download from lightarchitectaddon.com except as provided under the “Permitted Copies” provision written above.

 

 

6.     Limitation of Liability. By purchasing, downloading or using any of the 3d assets included in downloads from www.lightarchitectaddon.com you recognize that the 3d assets are for basic cinematography and filmmaking previsualization only. Creating a lighting or camera setup using the 3d assets inside a software does not: (a) necessarily directly translate to real world results; or (b) mean that the setup is safe to use in the real world on a film set or any other situation whatsoever. LIGHTARCHITECT LLC is not liable for: (a) any death or personal injury caused by its negligence or intentional misconduct(or that of its employees or agents); or (b) fraudulent misrepresentation; or (c) any other liability that cannot under applicable law be limited or excluded.

 

UNDER NO CIRCUMSTANCES SHALL LIGHTARCHITECT LLC OR ITS AFFILIATES, LICENSORS, PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF USING THE LIGHTARCHITECT 3D ASSET DATABASE OR SCRIPT INCLUDED. BY DOWNLOADING THE 3D ASSET LIBRARY AND SCRIPT INCLUDED IN THIS DOWNLOAD YOU AS THE PURCHASER UNDERSTAND AND ACCEPT THAT LIGHTARCHITECT LLC IS NOT RESPONSIBLE FOR ANY DAMAGES TO ANY INDIVIDUAL, COMPUTER, COMPANY, OR OTHER ENTITY. YOU ARE USING THE 3D ASSETS AND SCRIPT AT YOUR OWN RISK. FURTHERMORE, LIGHTARCHITECT LLC SHALL NOT BE LIABLE FOR: (A) LOSS OF PROFITS; (B) LOSS OF DATA; (C) LOSS OF REVENUE; (D) LOSS OF USE; OR (E) PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF LIGHTARCHITECT LLC HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LIGHTARCHITECT LLC HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall LIGHTARCHITECT LLC cumulative liability for any loss or damage to you (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred dollars(US$200.00). The prior limitations will apply even if the above-stated remedy fails of its fundamental purpose.

7.     Warranty.  LIGHTARCHITECT LLC warrants that the 3d assets and script included in the LIGHTARCHITECT add-on will perform as shown in the LIGHTARCHITECT basic training videos online at the commencement of this license. The script and 3d models included in the LIGHTARCHITECT download have been tested in Blender Versions 2.79a and 2.79b. There is no guarantee that they will necessarily work in updated versions of the Blender 3d Software. The LIGHTARCHITECT 3d modeled assets included in this purchase on www.lightarchitectaddon.com are not intended for real-world practical engineering applications. LIGHTARCHITECT LLC will not hold any responsibility if such use takes place. For any and all real-world applications the user shall use the 3d models as his/her own risk. LIGHTARCHITECT provides you with the 3d asset based add-on "as is" and with all faults. The 3d assets included are meant for basic previsualization only. There is no guarantee that the intensity of each light is exactly accurate to the same or similar lights in the real world. LIGHTARCHITECT LLC is not responsible for 3d assets or rigs included in the download that do not work exactly as the user desires. LIGHTARCHITECT LLC will attempt to solve basic malfunctions of 3d modeled assets included in its database if a licensed user contacts us through email. LIGHTARCHITECT LLC will have no responsibility whatsoever if you fail to provide proof you licensed the 3d model asset database bought from www.lightarchitectaddon.com.

 

Disclaimer; No Refunds

 

EXCEPT AS SPECIFICALLY PROVIDED IN THE PREVIOUS PARAGRAPH, THE LIGHTARCHITECT 3D MODEL ASSET DATABASE IS PROVIDED “AS IS.” LIGHTARCHITECT LLC CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING 3D MODELED ASSETS EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY WHICH MAY NOT BE LIMITED OR EXCLUDED BY LAW APPLICABLE IN YOUR JURISDICTION, LIGHTARCHITECT LLC 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 the 3d modeled assets included in the LIGHTARCHITECT download is nonreturnable and nonrefundable.

 

8.     Proprietary Rights to LIGHTARCHITECT 3D rigs, models and Trademarks.  All of the generic 3D models and rigs included in the LIGHTARCHITECT 3D asset database are owned by LIGHTARCHITECT LLC. This License Agreement does not grant you or the institution you are affiliated with any right, license, or interest in any Trademarks words or designs that are confusingly similar to marks used in the add-on. The 3D assets included in the LIGHTARCHITECT 3d model database are protected under United States copyright and other intellectual property laws and international treaties. You further acknowledge and agree that, as between you and LIGHTARCHITECT LLC, LIGHTARCHITECT LLC shall continue to own all right, title, and interest in the 3d models included in the 3d model and rig database.


It is important to note that LIGHTARCHITECT is an asset based previsualization add-on for Blender 3D. LIGHTARCHITECT is not affiliated with or endorsed by companies creating similar items. Intellectual property of similar items belongs to the original rights holders.

 

9.     Governing Law. This License Agreement is governed by the laws of California, U.S.A., excluding conflict of laws provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. You agree that any disputes related to this Agreement will be resolved in a Los Angeles County Court, CALIFORNIA, U.S.A., and you consent on behalf of the institution you are affiliated with to personal jurisdiction and venue of those courts. If any part of this License Agreement is found void and unenforceable the balance of the Agreement will remain valid and enforceable according to its terms.

This Agreement represents the entire agreement between you (and the institution you are affiliated with) and LIGHTARCHITECT LLC in connection with its subject matter. This Agreement supersedes any other User License Agreement which may be included in 3d model downloads. This Agreement may only be modified by LIGHTARCHITECT LLC in a writing that specifically states that such writing is intended to modify this Agreement (Modifications will be listed on www.lightarchitectaddon.com). All rights to use the LIGHTARCHITECT 3D Assets not exclusively included in this agreement belong to LIGHTARCHITECT LLC.

           

            LIGHTARCHITECT LLC Contact

            Website: www.lightarchitectaddon.com

            Email: lightarchitectllc@gmail.com