license agreement

This License Agreement for the use of the Assets ( the "Agreement") is a legal agreement between the purchaser of the Assets ("you") and Forma Creative Ltd, a company registered in the United Kingdom ( "Company"). This Agreement governs the terms and conditions of the use of the Assets, including but not limited to 3D models, textures, materials, and associated files provided by the Company ( "Assets"). By accessing or using the Assets, you confirm your agreement to the terms of this Agreement.

1.GRANT OF LICENSE

Subject to your compliance with the terms of this Agreement, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, worldwide, royalty-free right to:

  • Install and use a specified number of copies of the Assets on devices/computers that you own or control, for the number of users specified in your order, for the purpose of developing or creating audiovisual content, including but not limited to games, films, advertising and marketing content ("Content") ;

  • Reproduce and modify any source code included in the Assets as part of the Content;

  • Reproduce the necessary components of the Assets solely for integration into the Content.

  • This license may only be revoked in the event of a material breach of the terms of this Agreement.

2. SPECIFIC LICENSE TERMS OF USE

Update: Effective December 17, 2024, we have updated and clarified the licensing terms for our assets. This includes revisions to the different license types, including the Indie License, Studio License, and Enterprise License. Please note, for customers who have purchased our assets prior to this date, the existing licensing terms will remain unchanged.

Your permitted use of the Assets directly depends on the type of license you have purchased. Before making a purchase, please ensure that the intended use of the Assets does not exceed the scope of the license you are about to acquire. The scope of the license for each Asset is as follows:

A. Freelance license

License Terms: When purchasing the Freelance License (also known as the "Individual License"), Assets cannot be stored on a company server. Under the Freelance License, Assets are intended for individual use only. You agree that the use of Assets under the Freelance License is limited to one (1) user and that the Assets cannot be used by anyone on behalf of a studio, company, or other legal entity. You may use the Assets for Content provided that you are not an employee of, or acting as a direct agent for, the commissioning studio or company.

B. Indie License - Up to 5 Users

License Terms: When purchasing the Indie License, the Assets may be stored on your company server.The Indie License is available only for studios with a maximum of five (5) users , including both employees and independent contractors.

C. Studio License - 6 or more Users

License Terms: When purchasing the Studio License, the Assets may be stored on your company server. The Studio License is available only for studios with a six (6) and more users, including both employees and independent contractors. This license is available only to studios with an annual gross revenue below 10 million USD.

D. Enterprise License - unlimited Users

License Terms: When purchasing the Enterprise License, the Assets may be stored on your company server. The Enterprise License allows for an unlimited number of users. This license is required for studios with annual gross revenue exceeding 10 million USD. For pricing and custom terms, please contact us at info@forma3dstore.com.

3. RESTRICTIONS

You are prohibited from, and may not allow others to:

  • Distribute, sell, lease, rent, lend, sublicense, or make available the Assets to any third party, except as expressly authorized herein and when necessary to distribute the Content;

  • Remove, obscure, or modify any proprietary or confidentiality notices included in the Assets, its documentation, or related materials;

  • Decompile, reverse engineer, or otherwise analyze the algorithms of the Assets;

  • Use Assets for tasks related to artificial intelligence training, including generative AI, neural networks, and deep learning algorithms;

  • No Illegal or Offensive Use: The Assets cannot be used in any illegal, defamatory, harmful, offensive, or pornographic content.

4. LIMITATION OF LIABILITY

You assume all responsibility and risk for the use of the Forma 3D Store website, the Assets, materials and information. The Company does not represent or warrant that the site or any content available for downloading through the site will be free of viruses or similar contaminations of destructive features. In no event shall Company or any of its affiliates, employees or Contributors be liable for any incidental, indirect, punitive, exemplary or consequential damages whatsoever, including damages for loss of profits, interruption, loss of business information, loss of data, or any other pecuniary loss in connection with any claim, loss, action, suit, damage or other proceeding arising under or out of this License, including without limitation your use of, reliance upon, access to or exploitation of the Forma 3D Store website, the materials or any part thereof, or any rights granted to you hereunder, even if we have been advised of the possibility of such damaged, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.

5. INTELLECTUAL PROPERTY & PROPRIETARY RIGHTS

The Company and its licensors own and shall retain all right, title, and interest in the Assets and the Company Products, including, without limitation, all copyrights and other intellectual property rights associated therewith. You and your licensors shall own and retain all right, title, and interest in the Content created using the Assets, including, without limitation, all copyrights and other intellectual property rights associated therewith. Notwithstanding the above, the Assets are protected by copyright laws of the United Kingdom, international treaties, and other applicable laws. No implied licenses or other implied rights are granted under this Agreement. All rights not expressly granted herein are reserved by the Company.

6. INDEMNIFICATION

You agree to indemnify and hold Company harmless from any claims or liabilities brought against Company arising out of or in connection with any breach by you or any person acting on your behalf of any provision of this License.

7. Term and Termination

The Term of this Agreement begins upon your acceptance of its terms. By downloading or using the Assets, you confirm that you have read, understood, and agreed to the terms of this Agreement. Company reserves the right to terminate the license for the use of materials owned by the company if the user violates the terms of this License and fails to remedy such violation within three (3) days from the date of receiving a notification from Company.

Upon termination of the Agreement, you and your licensors retain ownership of all rights, title, and interest in the Content created using the Assets, including, but not limited to, all copyrights and other intellectual property rights associated with such Content.

You agree that, upon termination of the Agreement or revocation of the license, you will destroy all copies of the Assets in your possession or under your control. The sections of this Agreement concerning Injunctive Relief, Confidentiality, Indemnification, No Warranties, Limitation of Liability, and General Provisions shall survive the termination of this Agreement or revocation of the license.

8. REFUND POLICY

There are no refunds after payment has been made to the Company, regardless of whether you decide to terminate the Agreement and your license. In the event that the Company terminates the Agreement and your license, refunds for previous payments shall remain in the sole discretion of the Company.

9. PRIVACY

Company is committed to protecting the privacy of individuals who interact with us. We do not disclose the personal information of our members or visitors to our website. No newsletters or promotional offers will be sent without your explicit prior consent.

10. GENERAL

This License shall be governed by and construed in accordance with the laws of The United Kingdom, without regards to conflict of laws provisions thereto. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs in the United Kingdom.

11. CORRESPONDENCE AND NOTICE

Should you have any questions concerning this Agreement, or if you desire to contact Company for any reason, please direct all correspondence to info@forma3dstore.com. The address for legal notice to Company under this Agreement is: 311 Shoreham Street, Sheffield, United Kingdom, S2 4FA