IMPORTANT! READ CAREFULLY
By accepting this license, you agree to be bound by the terms and conditions of this License Agreement.
Digital Media Files are any textures, 3D models, images, animations, movie clips, videos, programs, scripts, audio files or other audio/visual digital representations recorded in any format which a buyer properly purchases from D:G:D:M, or which a user obtains, directly or indirectly, from D:G:D:M.
2. GRANT OF LICENSE
With the proper purchase and use of the Digital Media File(s) the buyer obtains a non-exclusive license to use and modify the Digital Media File(s) according to the conditions laid out in the following paragraphs.
The Digital Media File(s) can be used license-free (without additional fees), and -except for below mentioned exceptions- without limitations in: animations, illustrations/renderings, film/video, TV, multimedia, commercials, live-performances, Internet, presentations, product or print jobs (DVD, computer games, entertainment and training videos, music videos, etc.). The usage limitations are the following:
No Digital Media File(s) may be
(a) separately published, marketed, distributed, transferred, sold or sub-licensed in full or in excerpts (any part thereof).
(b) published, marketed, distributed, transferred, sold or sub-licensed as part of a rendering, animation, software application, data or any other product from which any original Digital Media File, or any part thereof, or any substantially similar version of the original Digital Media File can be separately exported, extracted, or de-compiled into any redistributable form or format.
(c) published, marketed, distributed, transferred, sold or sub-licensed as “clip art” or the like, including but not limited to animations or still images that are sub-licensed or otherwise distributed by a stock photography or stock animation agency, or in any other manner in which the primary source of value derived from publishing, marketing, distributing, transferring, selling or sub-licensing the image (or Digital Media File) is that it is accessible in a manner similar to “clip art.”
4. SINGLE USER LICENSE
You may not rent, lease, lend, sell or sub-license the Digital Media File(s) to another person, company or other entity. Anything you produce using the Digital Media File(s) must be for your own use, or for the use of your employer, client or customer, who must be the end-user of your work.
5. SPECIAL LIMITATIONS
The Digital Media File(s) may not under any circumstances be used in or in conjunction with pornographic, defamatory, obscene, fraudulent, libelous, infringing, immoral, or illegal material.
The buyer and/or user have the sole & full responsibility for all legal consequences of any such use.
All Digital Media Files are copyright by D:G:D:M and are protected by German copyright laws, international treaty provisions and other applicable laws. No title or intellectual property right in the Digital Media File(s) is transferred to the buyer. D:G:D:M retains all rights not expressedly granted to the buyer by this license agreement.
D:G:D:M is not liable for specific, direct, indirect, consequential, punitive (fines/penalties), or incidental damages, (incl. but not limited to damages through the loss of profit, business interruption, loss of business data, or any other monetary loss) which result from the successful or failed use of the Digital Media File(s).
Licensor’s entire liability and the buyer’s exclusive remedy shall be no more than the amount paid for the particular Digital Media File(s).
8. BREACH OF CONTRACT
The buyer/user agrees to indemnify, defend and hold D:G:D:M our affiliates, business partners, officers, directors, employees and agents harmless from any loss, damages, claim or liability of any kind arising from
1) the use of the Digital Media File(s) in any form,
2) any breach of the terms and conditions of this agreement, or
3) the buyer’s/user’s negligent act, omission or willful misconduct.
All license rights granted pursuant to this agreement shall automatically terminate upon the breach of this agreement.
D:G:D:M warrants The Digital Media File(s) to be free from defects in material and workmanship for 30 days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of The Digital Media File(s) or applicable media. Refunding the purchase price is only an option for D:G:D:M.
D:G:D:M makes no other warranties or representations with regard to the Digital Media File(s) and any implied warranties of merchantability, fitness for a particular purpose, title or non infringement are hereby disclaimed.
10. NO REFUND POLICY
As this is a Digital Download, there is a NO REFUND POLICY. All sales are FINAL.
D:G:D:M reserves the right to amend or change this agreement at any time.
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms.
BY DOWNLOADING, INSTALLING AND USING FILES PROVIDED BY D:G:D:M, YOU HEREBY AGREE TO THE TERMS AND CONDITIONS PRESENTED ABOVE.