PLEASE READ THIS DOCUMENT CAREFULLY BEFORE DOWNLOADING OR USING THIS LICENSED PRODUCT. THIS LICENSE PROVIDES IMPORTANT INFORMATION CONCERNING THE LICENSED PRODUCT AND PROVIDES YOU WITH A LICENSE TO USE THE LICENSED PRODUCT AND CONTAINS WARRANTY AND LIABILITY INFORMATION. BY USING THE LICENSED PRODUCT, YOU ARE ACCEPTING THE LICENSED PRODUCT “AS IS” AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT WISH TO BE SO BOUND, DO NOT DOWNLOAD OR USE THE LICENSED PRODUCT.
End User License Agreement
Before any person or entity may upload or download any item to or from UnityMagic.com web site that person or entity is required to first become a Member of UnityMagic.com. Membership is free. All Members agree to abide by all terms and conditions in this End User License Agreement at all times.
SECTION A – DEFINITIONS OF TERMS USED IN THIS AGREEMENT
- This End User License Agreement will be referred to as the Agreement.
- Members who download free or priced items will be referred to as Unity Sorcerer's.
- UnityMagic.com, UnityMagic.com, Inc. and UnityMagic.com web site will be referred to as UNITYMAGIC.COM.
- All items, free and priced, will be referred to as Products. Such items include, but are not limited to, computer files, models, textures, photographs, images, tutorials, information, blog posts, scripts, or other items.
SECTION B – INFORMATION PRIMARILY FOR UNITY SORCERER’S
- When a priced Product is purchased and downloaded, a non-exclusive royalty-free license is granted to the original Unity Sorcerer only, for the public use of files, for display purposes or commercial applications such as advertising, film, television, print, or software.
- Indie and Commercial Licenses. An “Indie” license can be purchased if an individual or company’s revenue is under fifty thousand US dollars (US$50,000). If you have purchased the “indie” license, then the Licensed Application is for you own use only and may not be shared with any other person.
- Certain Products with copyrighted or trademarked images, logos, brand names, etc., may require additional licensing, rights, permissions, or clearance for non-editorial use. It is the sole responsibility of the Unity Sorcerer and their legal advisor to determine before purchasing/downloading a Product, whether such rights are necessary for their intended use of a Product, and it is the Unity Sorcerer’s sole responsibility to obtain any such licensing, rights, permissions, or clearance.
- It is the sole responsibility of the Unity Sorcerer and their legal advisor to determine whether a Model Release or Property Release is necessary for their application or use of any Product (including stock photographs or stock images) before a Product is purchased/downloaded from UNITYMAGIC.COM. It is also the sole responsibility of the Unity Sorcerer and their legal advisor to determine whether an acceptable Model or Property Release form exists for each such Product. Unity Sorcerers should understand this could be relevant for Products if the use involves religious groups or affiliations, pharmaceuticals, health care, tobacco, liquor, adult entertainment, personal hygiene, birth control, or any other area that could be considered sensitive, offensive, or immoral.
- Licenses are non-transferrable; they shall not be sold, given, or assigned to another person or entity. UNITYMAGIC.COM retains ownership of and full copyrights to their Products. If additional terms and conditions are contained in a Product description or in a downloadable preview file, such terms and conditions apply to the Product.
- Models or textures purchased from UNITYMAGIC.COM may be used in video games, simulations, VR-worlds, or other such software, with the stipulation that safeguards shall be used at all times in all such cases to prevent the end user of such software from gaining access to individual models or textures purchased from UNITYMAGIC.COM. Methods of safeguarding the models and textures include: A: Using a proprietary disc format such as Unity 3D, Xbox 360, Playstation 3, etc. B: Using a proprietary model format. C: Using a proprietary and/or password protected database or resource file that stores the model data. D: Encrypting the model data.
- Products obtained, downloaded, or purchased from UNITYMAGIC.COM will not be resold, given free of charge, or redistributed except as otherwise noted for video game and simulation use in this Agreement.
- Products returned to UNITYMAGIC.COM for refund will be destroyed; the license to use any Product is revoked at the time a product is returned.
- Products obtained by means of theft or fraudulent activities of any kind is not granted a license.
- Free Products downloaded from UNITYMAGIC.COM (without a purchase) may be used only for personal non-commercial applications. Commercial-use licenses are granted solely for priced (purchased) Products.
SECTION C – GENERAL INFORMATION
- Unity Sorcerer’s agree to register using any valid email address they are entitled to use that is not hosted by any “temporary” email service.
- Unity Sorcerer’s agree to use UNITYMAGIC.COM and its web site in a legal and ethical manner at all times.
- UNITYMAGIC.COM may, at any time, without notice, at its sole discretion, prohibit or remove any Product, deemed, in the sole judgment of UNITYMAGIC.COM to be objectionable or not in compliance with this Agreement.
- UNITYMAGIC.COM may terminate the Membership of any person or entity for any reason at any time without notice.
- UNITYMAGIC.COM makes no warranty of any kind, express or implied, without limitation, including warranty of merchantability or fitness for any particular purpose, for any Product on this web site.
- UNITYMAGIC.COM is not liable to any Member or to any third party for any claimed damages arising from the use of UNITYMAGIC.COM or its web site or any Product on its web site. All Members agree to hold UNITYMAGIC.COM harmless against all liability regarding the use of its web site and all Products on its web site.
- This Agreement shall be governed solely in accordance with the Laws and Statutes of the Netherlands. All parties hereby agree to submit to the exclusive jurisdiction of the Courts of the Netherlands.
- In the event any provision of this Agreement is held to be illegal, invalid, or unenforceable under any applicable law, by any court of competent jurisdiction, the legality, validity, and enforceability of the remainder of this Agreement shall remain intact.
- No implied or express waiver by any party of any provision of this Agreement shall prevent UNITYMAGIC.COM from enforcing any and all other provisions of this Agreement.
- This Agreement is effective when accepted at the time a person or entity becomes a Unity Sorcerer. Changes become effective for existing Members at the time an updated version is published on UNITYMAGIC.COM web site.
- This Agreement may be changed at any time and notice will be posted in the "My Account" section of each Unity Sorcerer’s account.