EULA

END-USER’s Rights and Obligations

1.1

END-USER may use the licensed Assets only for their intended purpose.

1.2

Licensor grants to the END-USER a non-exclusive, worldwide, and perpetual license to the Asset to integrate it only as incorporated and embedded components of electronic games and digital media and distribute such electronic game and digital media; reproduction and display in distributed physical advertising materials is permitted solely for marketing purposes in respect of such electronic games or digital media. END-USERS may modify Assets. END-USER may otherwise not reproduce, publicly display, publicly perform, transmit, distribute, sublicense, rent, lease or lend the Assets. It is emphasized that the END-USERS shall not be entitled to distribute or transfer in any way (including, without, limitation by way of sublicense) the Assets in any other way than as integrated components of electronic games and digital media or in supporting physical marketing materials. Without limitation of the foregoing it is emphasized that END-USER shall not be entitled to share the costs related to purchasing an Asset and then let any third party that has contributed to such purchase use such Asset (forum pooling).

2.3

2.3.1 EXCEPT FOR EDITOR EXTENSION OR APPLICATION ASSETS, END-USER is granted a license to install and use Assets on an unlimited number of computers provided that these computers are either all (a) physically located at a single physical location (“Site”) belonging to END-USER, or (b) laptops belonging to END-USER which have been made available by END-USER to its employees that are employed at the same Site. Consequently, any Asset may only be used at particular Site or on computers assigned to END-USER’s employees employed at the same Site and may only be moved to another Site subject to prior written approval from Licensor. THIS SECTION 2.3.1 DOES NOT APPLY TO ASSETS THAT IN THE STORE ARE CATEGORIZED UNDER THE HEADING “EDITOR EXTENSIONS” OR “APPLICATIONS”.

2.3.2 Editor Extensions; Applications: END-USER is granted a single seat license to install and use any Asset categorized in the Store as “Editor Extensions” or “Application” only on a maximum of 2 computers. For the avoidance of doubt, Editor Extension and Application Assets are licensed on a per seat basis may not be shared or used concurrently on more than 2 different computers. As an exception, build farm servers and virtual machine instances used only for running, testing, or building projects with Editor Extension or Application Assets do not require separate seat license(s) or constitute use on more than 2 different computers.  

2.4

An END-USER may use an Asset under SECTIONS 2.2 and 2.3, and may have a third party, including any “work-for-hire” contractor or “freelancer” (“Contractor”), work on that Asset on its behalf. However, any Contractor working on a project for an END-USER must have license(s) of its own to the Asset. Conversely, to use an Asset under SECTIONS 2.2 and 2.3, a person must have its own license to the Asset, regardless of whether a Contractor working on a project for that person had its own license to that Asset. For example, a person who is a Contractor must have a seat license for an Editor Extension Asset, and the persons who is hirer of the Contractor must have a seat license for that Editor Extension Asset.   

2.5

You agree that no modification or use of those Assets shall (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to liability of any kind; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) promote violence or actions that are threatening to any other person; or (g) promote illegal or harmful activities or substances.

2.6

2.6.1 All sales are final and there shall be no refunds except as expressly provided in this EULA or as required by law.

2.6.2 On acceptance of END-USER orders for licenses to Assets, content will be immediately available for download. END-USERS expressly consent to the making available of that content immediately upon acceptance of orders. If END-USER is a resident of the European Union and purchases any license to any Asset, the right to withdraw from such purchase within 14 days of the date of purchase (“Cooling Off Period”) may be available; however, this right of withdrawal will not apply where performance begins before the end of the Cooling Off Period. Therefore, END-USERS expressly agree and understand that if END-USER orders any license to any Asset, END-USER’s right of withdrawal is forfeited upon acceptance as performance begins immediately on acceptance.