Dancing Yak Minitures STL Personal Use License
THIS IS A LEGAL AGREEMENT (THE "AGREEMENT") BETWEEN YOU THE LICENSEE and DANCING YAK MINIATURES . THIS AGREEMENT APPLIES TO LICENSES ISSUED VIA THE WEB, AND IS APPLICABLE TO ONLINE, DIGITAL DELIVERY OF LICENSED MATERIAL. BY ORDERING A LICENSE, LICENSEE IS CONFIRMING THAT IT HAS CAPACITY TO FORM A CONTRACT UNDER ITS LOCAL LAWS.
In this Agreement, the following definitions apply:
1.1. . "Intellectual Property" copyright, trademark, patent, trade secret, right to publicity, or any other proprietary right
1.2. "Licensed Material" means any 3D assets hosted or any one or group of digital files, compiled and packaged on the Dancing Yak Minitures website
1.3. "Licensee" means the person or entity purchasing a license hereunder.
1.4. "Licensee Work" means an end product or service that has been created by or on behalf of Licensee using independent skill and effort and that incorporates a Reproduction of the Licensed Material as well as other material.
1.5. "Reproduction" and "Reproduce" mean any form of copying or publication of the whole or a part of any Licensed Material, via any medium and by whatever means, the distortion, alteration, cropping or manipulation of the whole or any part of the Licensed Material, and the creation of any derivative work from, or that incorporates, the Licensed Material.
1.6. "Rights and Restrictions" means by Dancing Yak Minitures granting Licensee a perpetual, non-exclusive (meaning others may use the same Licensed Material), nontransferable and non-sub licensable, Single-Seat license to use, modify, display,the Licensed Material for the purposes of the following: personal, educational or any other noncommercial uses However, Licensee shall not (a) sublicense, sell, assign or otherwise transfer or attempt to do so all or part of its rights under the Agreement, (b) sell, license, distribute or otherwise make available the Licensed Material as stand-alone and/or in a way that allows third parties to use, download, extract or access the Licensed Material as a stand-alone file (with the sole exception however, of the use of the Licensed Material in view of displaying such Licensed Material on a website or physically produced (c) distribute the Licensed Work if ( i ) it is so similar to the original Licensed Material incorporated therein that the Licensed Work cannot qualify as an original work of authorship or (ii) the primary value of the Licensed Work lies with the Licensed Material itself. The rights granted herein shall be applicable for so long as Licensee is in compliance with the terms and provisions of this Agreement.
1.7. "Seat" means the number of authorized individual access per License which is one per sale.
If you wish to be granted a Multi-Seat license ie you and sharing with a friend or reproduction of physical models for sale , please email firstname.lastname@example.org for a custom price quote.
2. Grant of Rights and Restrictions Subject to the terms of this Agreement
2.1. Dancing Yak Minitures grants to Licensee a nonexclusive, nonsublicensable, and nontransferable perpetual, worldwide right, right to use, adapt, digitally modify works and physically Reproduce the Licensed Material identified in the Invoice, solely to the extent explicitly stated in this Agreement for personal use , and subject to Licensee’s full and complete compliance with this Agreement and payment in full of the Invoice.
2.2. Use of the Licensed Material is strictly limited to the use of the individual license, they may modify ,print or use for all noncommercial use, this may not be shared with any 3rd party.
2.3. While efforts have been made to caption correctly the subject matter of, and to provide other information (including metadata) related to the Licensed Material, Dancing Yak Minitures does not warrant the accuracy of such information. Licensee shall rely upon solely the views of the Licensed Material on the Dancing Yak Minitures platform and is encouraged to view the same through the a 3D player.
2.4. Pornographic, defamatory or otherwise unlawful use of Licensed Material is strictly prohibited.
2.5. Licensed Material shall not be incorporated into a logo, corporate ID, trademark or service mark, without obtaining the prior written consent of Dancing Yak Minitures .
2.6. Licensee may not make the Licensed Material available in a manner intended to allow or invite a third party to download, extract, redistribute or access the Licensed Material .
2.7. Licensed Material shall not be used contrary to the Rights and Restrictions.
2.8. Licensee may not falsely represent, expressly or impliedly, that Licensee is the original creator of a visual work that derives a substantial part of its artistic components from the Licensed Material.
2.9. If the Rights and Restrictions include use on any social media platform or other third party website; (i) such rights shall automatically be revoked in the event that the third-party website seeks to exploit purported rights to the Licensed Material contrary to the terms of this Agreement, and (ii) in such event, upon Dancing Yak Minitures 's request, Licensee shall remove any Licensed Material from such platform or website.
3. Credit and Intellectual Property
3.1. Copyright. No ownership or copyright in any Licensed Material shall pass to Licensee by the issuance of the license contained in this Agreement. Except as expressly stated in this Agreement, Dancing Yak Minitures grants Licensee no other right or license, express or implied, to the Licensed Material.
3.2. Trademarks. In connection with the use of Dancing Yak Minitures or any other of its trade names, trademarks, logos or service marks, including the names of all Licensed Material collections ("Marks"), Licensee acknowledges and agrees that (i) such Marks are and shall remain the sole property of Dancing Yak Minitures; (ii) nothing shall confer upon Licensee any right of use in or to the Marks; and (iii) Licensee shall not now or in the future contest the validity of the Marks.
3.3. Notice of Violations. Licensee will immediately notify Dancing Yak Minitures if it becomes aware or suspects that any third party that has gained access to the Licensed Material through Licensee is wrongfully using the Licensed Material, in whole or in part, or is violating any of Dancing Yak Minitures intellectual property rights, including, but not limited to, Marks and copyrights.
4. Warranty and Limitation of Liability
AS PERMITTED BY LAW, Dancing Yak Minitures DOES NOT MAKE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LICENSED MATERIAL OR ITS DELIVERY SYSTEMS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Dancing Yak Minitures SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, Dancing Yak Minitures SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR LOSSES ARISING OUT OF OR AS A RESULT OF MODIFICATIONS MADE TO THE LICENSED MATERIAL BY LICENSEE OR THE CONTEXT IN WHICH LICENSED MATERIAL IS USED IN A LICENSEE WORK.
5. Condition of Licensed Material
Licensee should examine all Licensed Material for possible defects (whether digital or otherwise) before sending any Licensed Material for Reproduction. Without prejudice to Section 5 above, by Dancing Yak Minitures shall not be liable for any loss or damage suffered by Licensee or any third party, whether directly or indirectly, arising from any alleged or actual defect in any Licensed Material, its caption or in any way from its Reproduction.
6. No Cancellation by Licensee
All purchases are final upon receipt by Licensee of an email sent by Dancing Yak Minitures confirming the order and enclosing the Invoice. No cancellation or termination rights apply to any license granted under the terms of the Agreement. In the event of a reversal ("Reversal") of any payment made in connection with the Licensed Material Licensee’s rights to use the Licensed Material shall be deemed an Unauthorized Use pursuant to Section 10 herein below.
7. Unauthorized Use and Termination
Any use of Licensed Material in a manner not expressly authorized by this Agreement constitutes copyright infringement, entitling Dancing Yak Minitures to exercise all rights and remedies available to it under copyright laws around the world. Licensee shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party. In addition and without prejudice to Dancing Yak Minitures other remedies under this Agreement, Dancing Yak Minitures reserves the right to charge and Licensee agrees to pay a fee equal to up to 50 times Dancing Yak Minitures standard license fee for the unauthorized use of the Licensed Material. Dancing Yak Minitures reserves the right to terminate this Agreement in the event Licensee: (i) enters the Agreement after having received notice of unauthorized use from Dancing Yak Minitures relating to the Licensed Material; (ii) provides inaccurate information regarding its proposed use of the Licensed Material at the time of entering the Agreement; (iii) Prints models for resale (iv) otherwise breaches the terms of this Agreement. Upon termination, Licensee must immediately (i) stop using the Licensed Material; and (ii) destroy or, upon the request of Dancing Yak Minitures , return to Dancing Yak Minitures the Licensed Material and, in the case of termination by Dancing Yak Minitures for cause, the Licensee Work in the possession or control of Licensee.
8. Electronic Storage
For all Licensed Material that is delivered to Licensee in electronic form, Licensee must retain the copyright symbol, the name of Dancing Yak Miniatures , the Licensed Material's identification number and any other information as may be embedded in the electronic file containing the original Licensed Material. shall maintain a robust firewall to safeguard against unauthorized third-party access to the Licensed Material. Notwithstanding the foregoing, Licensee may make high-resolution backup copy of the Licensed Material for security purposes only.
Upon notice from Dancing Yak Minitures , or upon Licensee's knowledge, that any Licensed Material may be subject to a claim of infringement of another's right for which Dancing Yak Minitures may be liable, Dancing Yak Minitures may require Licensee to immediately and at its own expense: (i) stop using the Licensed Material; (ii) delete or remove the Licensed Material from its premises, computer systems and storage (electronic or physical); and (iii) ensure that its clients do likewise. Dancing Yak Minitures shall provide Licensee with comparable Licensed Material (which comparability will be determined by Dancing Yak Minitures in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.
10. Governing Law/Arbitration
This Agreement will be governed in all respects by the laws of the State of Maryland in the U.S.A., without reference to its laws relating to conflicts of law. Any disputes arising from or related to this Agreement or its enforceability, or the business relationship between the parties, shall be finally settled by binding, confidential arbitration by a single arbitrator selected using the rules and procedures for arbitrator selection under the Commercial Rules of the American Arbitration Association ("AAA") or of the International Center for Dispute Resolution ("ICDR") in effect on the date of the commencement of the arbitration (the applicable rules to be at Licensee's discretion) to be held in one of the following jurisdictions (whichever is closest to Licensee): Seattle, Washington; New York, New York; Los Angeles, California; London, England; Paris, France; Frankfurt, Germany; Tokyo, Japan; or Singapore. The arbitration proceeding shall be conducted in English and all documentation shall be presented and filed in English. The decision of the arbitrator shall be final and binding on the parties, and judgment may be entered on the arbitration award and enforced by any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. Notwithstanding the foregoing, Dancing Yak Minitures shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against Licensee in the event that, in the opinion of Dancing Yak Minitures, such action is necessary or desirable. The parties agree that, notwithstanding any otherwise applicable statute(s) of limitations, any arbitration proceeding shall be commenced within two years of the acts, events, or occurrences giving rise to the claim.
If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
No action of either party, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of either party in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by either party of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion.
This Agreement is intended for business customers of Dancing Yak Minitures and contains all the terms of the license agreement. No terms or conditions may be added or deleted unless made in writing and either accepted in writing by an authorized representative of both parties or issued electronically by Dancing Yak Minitures and accepted in writing by an authorized representative of Licensee. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order sent by Licensee, the terms of this Agreement shall govern.