Licence Terms

Personal Licence | Commercial Licence

Non-Commercial Use (Personal Licence)

These License Terms forming the License Agreement for Non – Commercial Use contains binding legal terms, and Licensee acknowledges that by completing the purchase process, Licensee has read these Licensed Terms and agrees to the terms herein (the “License Terms” and the “License Agreement”). Boem STORE offers also the License Agreement for commercial use. For conditions of commercial use, please, see the License Terms – Commercial Use. 

This License Agreement states the terms and conditions of Licensee’s non-exclusive and limited copyright License with respect to the digital content which are 3D models of various items (“Licensed Asset”) made available on e-shop at https://boem.store and purchased by Licensee. This License Agreement also applies to a digital content that Boem STORE makes available at no charge.

PARTIES TO THE LICENSE AGREEMENT

This License Agreement is concluded between:

The “Licensee” who is the individual person indicated as the licensee during the purchase process, and Aleš Boem, reg. No.: 03578372, with his registered office at Oradourská 144, Postal Code 273 54, Lidice, operator of Boem STORE (“Boem STORE”) as licensor. 

This is an individual license for Non-commercial use (as defined below) only, and the Licensed Asset may be used and accessed (as permitted in this License Agreement) only by a single individual person, who is the Licensee indicated at the time of purchase. If multiple individuals will work together to use the same Licensed Asset, then each individual must purchase a license for that Licensed Asset. 

LICENSED ASSET STORAGE AND MANAGEMENT

Licensee may only upload the Licensed Asset to (i) a personal server owned and controlled by Licensee or (ii) a private cloud storage service, cloud-based design app, or digital asset manager, account controlled by Licensee, in each case for use of the Licensed Asset by Licensee only, as permitted herein.

THIS LICENSE AGREEMENT PERMITS NON-COMMERCIAL USE ONLY

This License Agreement permits only Non-commercial use of the Licensed Asset, as expressly specified in Section 4 (Permitted Uses and Limitations); any and all Commercial use is expressly prohibited. 

Third party use requires the third party to obtain its own license. For a possibility of obtaining a custom license, please, contact Boem STORE.

“Commercial use” is any use (i) that involves an exchange of money or other consideration, (ii) that promotes a business corporation or a sole proprietorship, product, or service, or (iii) where financial gain or other consideration is either sought or a result, directly or indirectly, of Licensee’s use of the Licensed Asset. If any one or more of the criteria in this paragraph is met, then the use is deemed as Commercial use.

“Non-commercial use” is a use for solely personal purposes; any use that meets the definition of Commercial use cannot be a Non-commercial use.

PERMITTED USES AND LIMITATIONS

An “End Use/Products” of a Licensed Asset means use of the Licensed Asset only as expressly permitted below:

End Products for Non-Commercial Use

Physical Products for Non-Commercial Use: Licensee may create physical end products not for resale or wholesale such as, but not limited to, home decor, furniture, signs etc. for Non-commercial use only.

Digital or Print Products and Publication for Non-Commercial Use: Licensee may use the Licensed Asset in digital or print publications such as static web site elements, cards, invitations, photo albums, and scrap books, e-books or e-publications, that are for Non-commercial use only.

Personal Social Media for Non-Commercial Use

Personal Social Media for Non-Commercial Use: One personal or individual social media account (not on a company or business social media page) for Non-commercial use.

Streaming of Motion Picture and Audiovisual Content

Streaming: Streaming via internet only of motion picture and audio visual works, excluding advertisements, is permitted for Non-commercial use only. No limit on lifetime viewers for Non-commercial use.

PROHIBITED USES (these uses may be subject to option of commercial license or custom license, form more information contact Boem STORE):

End Products

All End Products for Commercial use (including, without limitation, physical products or digital or print products and publications) are prohibited.

On-Demand Applications (Such as Print-on-Demand and Create-on-Demand Services) for Commercial Use or Non-Commercial Use are prohibited. Any use that allows anyone other than the Licensee, such as an end user to customize a digital or physical end product is prohibited, whether for Commercial use or Non-commercial use. This includes, but is not limited to, “print on demand”, “made to order”, or “download on demand” application.

Social Media, Marketing, and Advertisements

Company Social Media: is prohibited for Commercial use or Non-commercial use.

Physical (Printed, Paid or Unpaid) Advertisements: Such as billboards, printed advertisement, etc. are prohibited for Commercial use or Non-commercial use.

Digital (Paid or Unpaid) Advertisements: Internet advertisements such as advertisements served by Google Ads, Facebook Ads, Linkedin Ads, etc. are prohibited for Commercial use or Non-commercial use.

Broadcast and Streaming of Motion Picture and Audiovisual Content

Broadcast and Streaming: (a) Streaming for Commercial use and (b) broadcast for Commercial use or Non-commercial use by any means, including via network, cable, satellite, video on demand of content including motion picture or audio visual works incorporating the Licensed Asset, including advertisements, is prohibited.

Digital Development

Website Software Development, Mobile App Development, Desktop Application Development, and Video Game Development: is prohibited for Commercial use or Non-commercial use.

Trademark and Copyright

Trademark: Licensed Asset may not be used as part of a trademark, design mark, business name. In no event does this License Agreement allow Licensee to, and Licensee shall not seek to, register, or enforce any trademark or similar rights in the Licensed Asset. If these rights are desired, please, contact Boem STORE for a custom license.

Copyright: Licensee may not claim the Licensed Asset (or a modification thereof) as its own copyrighted work (the original Licensed Asset must be disclaimed in any copyright registration).

Future Technologies

The license is limited to the expressly permitted uses stated in this License Agreement: future-existing technologies and uses are expressly reserved and not included within the scope of the license.

STRICTLY PROHIBITED USES. Listed rights are expressly retained:

Resale or Sub-Licensing the Licensed Asset or any modification of it in source file form is strictly prohibited.

Making public or sharing the Licensed Asset in any way that allows others to download, extract, or redistribute Licensed Asset as a standalone file (meaning just the content file itself, separate from the project or end use that is expressly permitted) is strictly prohibited.

Use the Licensed Asset in fraudulent, immoral, pornographic, illegal, harassing, offensive, or defamatory material, is strictly prohibited.  

Falsely representing authorship and/or ownership of the Licensed Asset is strictly prohibited.

Any other use that is not expressly permitted in Section 4 (Permitted Uses and Limitations) is strictly prohibited.

GENERAL LEGAL PROVISIONS

Intellectual Property

All digital content available on https://boem.store, including, without limitation, the Licensed Asset, is protected by Czech and international copyright and other laws and treaties. As between you and the Boem STORE, Boem STORE retains ownership of the Licensed Asset, but grants to Licensee the limited, non-exclusive, non-transferrable, and non-sublicensable, copyright to use the Licensed Asset as expressly set forth above on the terms herein. All other rights, as between Licensee and Boem STORE are reserved by the Boem STORE. Licensee may not assert any ownership in the Licensed Asset itself nor any right to revenue from a collecting society in respect of photocopying, digital copying or other secondary uses of the Licensed Asset. Any reference to the “purchase” or “sale” (or similar terms) of the Licensed Asset refers to the purchase of a limited license only and not the purchase of the underlying copyright or work itself. As a licensee, Licensee’s ownership of the media and/or device on which the Licensed Asset is recorded, if any, is distinct from and does not grant any ownership right, title or interest in and to the design of the Licensed Asset itself. This Licensee Agreement does not grant Licensee any rights to trademark or any other intellectual property rights (aside from copyright) in the Licensed Asset.

Termination

Boem STORE may terminate this License Agreement at any time if Licensee breaches any of the terms of this or any other agreement with Boem STORE, in which case Licensee must immediately: cease using the License Asset; delete or destroy any copies; and, if requested, confirm to Boem STORE in writing that Licensee has complied with these requirements. If Licensee uses the Licensed Asset on a social media platform and the platform uses (or announces that it plans to use) the Licensed Asset for its own purpose or in a way that is contrary to this License Agreement, the rights granted for such use shall immediately terminate, and in that event, upon Boem STORE’s request, Licensee agrees to remove any content from such platform.

Content Withdrawal

Boem STORE may discontinue licensing the Licensed Asset at any time in its sole discretion. Upon notice from Boem STORE, or upon Licensee’s knowledge, that a Licensed Asset may be subject to a claim of infringement of a third party’s right, Boem STORE may require Licensee to immediately, and at Licensee’s own expense: cease using the Licensed Asset, delete or destroy any copies. Boem STORE will provide you with replacement content (determined by Boem STORE in its reasonable commercial judgment) free of charge, as its sole obligation, subject to the other terms of this License Agreement.

Disclaimer of Warranties

Licensee’s use of the Licensed Asset is at Licensee’s own risk. The Licensed Asset is provided on an “AS IS WHERE IS BASIS”, without any warranties of any kind, either express or implied. Boem STORE hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation of Liability

In no event will Boem STORE, its affiliates or employees be liable for damages of any kind, arising out of or in connection with this License Agreement, including, without limitation, your use, or inability to use, the Licensed Asset, including any indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), intellectual property infringement, breach of contract or breach of recommendations of  Boem STORE for using specific material or any printing instructions or otherwise, even if foreseeable. In no event will the liability of Boem STORE, its affiliates, employees, service providers or employees be liable for damages of any kind, under any legal theory, arising out of or in connection with this License Agreement, including, without limitation, your use, or inability to use, or not following the recommendations for the material to be used, or not following the instructions for printing of the Licensed Asset, exceed the fees that Licensee paid for the Licensed Asset. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

Modifications

Boem STORE may modify these License Terms by posting an updated version at Boem STORE website. Then the current version of the License Agreement posted at the time of purchase shall apply to purchases (even if the Licensed Asset is downloaded after the License Agreement is updated). Updated versions of the License Agreement shall not apply retroactively to prior purchases unless Boem STORE notifies Licensee of the changes and that they will apply retroactively (e.g., via email to the address on file).

END OF NON-COMMERCIAL LICENCE TERMS


Commercial Use (Commercial Licence)

These License Terms forming the License Agreement for Commercial Use contains binding legal terms, and Licensee acknowledges that by completing the purchase process, Licensee has read these Licensed Terms and agrees to the terms herein (the “License Terms” and the “License Agreement”). Boem STORE offers also the License Agreement for Non-Commercial Use. For conditions of non-commercial use, please, see the License Terms – Non-Commercial Use.

This License Agreement states the terms and conditions of Licensee’s non-exclusive and limited copyright License with respect to the digital content which are 3D models of various items (“Licensed Asset”) made available on e-shop at https://boem.store and purchased by Licensee. 

PARTIES TO THE LICENSE AGREEMENT

This License Agreement is concluded between:

The “Licensee” who is the individual person indicated as the licensee during the purchase process or the legal person (the company) if the individual person is acting on behalf and with the authorization of such legal person; and Aleš Boem, reg. No.: 03578372, with his registered office at Oradourská 144, Postal Code 273 54, Lidice, operator of Boem STORE (“Boem STORE”) as licensor.

If you are purchasing on behalf of the legal person, then only such legal person is the “Licensee” and can use the Licensed Asset subject to the terms of this License Agreement; in that case you represent and warrant that you have full legal authority to bind such legal person, as the Licensee, to the terms of this License Agreement.

LICENSED ASSET STORAGE AND MANAGEMENT

Licensee may only upload the Licensed Asset to (i) a server owned and controlled by Licensee or (ii) a cloud storage service, cloud-based design app, or digital asset manager, account controlled by Licensee, in each case for use of the Licensed Asset by Licensee only, as permitted herein.

THIS LICENSE AGREEMENT PERMITS BOTH COMMERCIAL USE AND NON-COMMERCIAL USE 

This License Agreement permits Non-Commercial Use and Commercial Use of the Licensed Asset, as expressly specified in Section 4 (Permitted Uses and Limitations). 

“Commercial use” is any use (i) that involves an exchange of money or other consideration, (ii) that promotes a business corporation or a sole proprietorship, product, or service, or (iii) where financial gain or other consideration is either sought or a result, directly or indirectly, of Licensee’s use of the Licensed Asset. If any one or more of the criteria in this paragraph is met, then the use is deemed as Commercial Use.

“Non-commercial use” is a use for solely personal purposes; any use that meets the definition of Commercial Use cannot be a Non-Commercial Use.

PERMITTED USES AND LIMITATIONS

An “End Use/Products” of a Licensed Asset means use of the Licensed Asset only as expressly permitted below. 

End Products

Physical Products: Licensee may create physical End Products for resale or wholesale such as, but not limited to, home decor, furniture, signs etc. for Commercial use or Non-commercial use.

Product Packaging: Licensee may create physical or digital end packaging products used for resale or wholesale such as, but not limited to, boxes, labels, sticker, or containers, etc. for Commercial use or non-commercial use.

Digital or Print Products and Publication: Licensee may use the Licensed Asset in digital or print publications such as static web site elements, cards, invitations, photo albums, and scrap books, e-books or e-publications, that are for Commercial use or non-commercial use.

Quantity Limitations on End Product: No more than [10.000] lifetime combined individual end product or packaging (digital or physical) sales, instances, impressions, or installations (as applicable) that incorporate the Licensed Asset is permitted for Commercial use. Consider an extended commercial license or contact Boem STORE for a custom license if Licensee requires greater quantities for Commercial use.

Personal Social Media 

Social Media for Commercial Use: The Licensee owned and managed company social media accounts are allowed for Commercial use. 

Physical (Printed) Advertisement for Commercial Use: Such as billboards, signage, printed advertisement, etc. for Commercial use on the market. 

Digital Advertisement for Commercial Use: Internet advertisement such as advertisement for Commercial use.

Quantity Limitations on Promotion and Advertisements: No limit on the number of impressions of social media posts or advertisements incorporating the Licensed Asset for Commercial use.

Streaming of Motion Picture and Audiovisual Content

Streaming: Streaming via internet only of motion picture and audio visual works, excluding advertisements, is permitted for Commercial use. No limit on lifetime viewers for Commercial use.

PROHIBITED USES (these uses may be subject to option of custom license, for more information contact Boem STORE):

End Products

Any use that allows anyone other than the Licensee, such as an end user to customize a digital or physical end product is prohibited, whether for Commercial use or Non-commercial use. 

Trademark and Copyright

Trademark: Licensed Asset may not be used as part of a trademark, design mark, business name. In no event does this License Agreement allow Licensee to, and Licensee shall not seek to, register, or enforce any trademark or similar rights in the Licensed Asset. If these rights are desired, please, contact Boem STORE for a custom license.

Copyright: Licensee may not claim the Licensed Asset (or a modification thereof) as its own copyrighted work (the original Licensed Asset must be disclaimed in any copyright registration).

Future Technologies

The license is limited to the expressly permitted uses stated in this License Agreement: future-existing technologies and uses are expressly reserved and not included within the scope of the license.

STRICTLY PROHIBITED USES. 

Listed rights are expressly retained:

Resale or Sub-Licensing the Licensed Asset or any modification of it in source file form is strictly prohibited.

Resale or Sub-Licensing of the Licensed Asset or any modification of it in a way that is directly competitive with the original Licensed Asset is strictly prohibited (e.g. as a stock asset or template).

Making public or sharing the Licensed Asset in any way that allows others to download, extract, or redistribute Licensed Asset as a standalone file (meaning just the content file itself, separate from the project or end use that is expressly permitted) is strictly prohibited.

Use the Licensed Asset in fraudulent, immoral, pornographic, illegal, harassing, offensive, or defamatory material, is strictly prohibited, including, without limitation, any use of the Licensed Asset that:

may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;

may create a risk of any other loss or damage to any person or property;

seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

may constitute or contribute to a crime or tort;

contains any information or content that is illegal (including, without limitations, the disclosure of insider information under respective regulation or of another party’s trade secrets);

contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

contains any information or content that you know is not correct and current; or

promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.

Falsely representing authorship and/or ownership of the Licensed Asset is strictly prohibited.

Any other use that is not expressly permitted in Section 4 (Permitted Uses and Limitations) is strictly prohibited.

SUBLICENSING TO THIRD PARTIES IS PROHIBITED WITH LIMITED EXCEPTIONS FOR CLIENTS AND SERVICE PROVIDERS (Third party use requires the third party to obtain its own license unless a custom license is purchased)

Third Party Use Requires Separate License

This License Agreement does not permit sublicensing except for the limited rights to sublicense described below in Section 7.2.

Limited Sublicensing is Permitted

Licensee may sublicense Licensee’s rights to third parties in only two situations:

to manufacture, market, or distribute completed End Products (defined above) that use the Licensed Asset (as expressly permitted herein) when done on behalf of Licensee, provided that the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Licensed Asset in any other way and Licensee shall at all times ensure compliance with the terms of this Licensee Agreement by the sublicensee and remain liable hereunder for any non-compliance. For example, Licensee may use distributors to manufacture or distribute physical products for resale or products packaging; similarly, Licensee may use third party providers, such as hosting providers to host a completed website or website publishers to display completed digital advertisements; and

to a service provider serving as Licensee’s subcontractor to provide services to Licensee provided that Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any and non-compliance.

GENERAL LEGAL PROVISIONS

Intellectual Property

All digital content available on https://boem.store, including, without limitation, the Licensed Asset, is protected by Czech and international copyright and other laws and treaties. As between you and the Boem STORE, Boem STORE retains ownership of the Licensed Asset, but grants to Licensee the limited, non-exclusive, non-transferrable, and non-sublicensable, copyright to use the Licensed Asset as expressly set forth above on the terms herein. All other rights, as between Licensee and Boem STORE are reserved by the Boem STORE. Licensee may not assert any ownership in the Licensed Asset itself nor any right to revenue from a collecting society in respect of photocopying, digital copying or other secondary uses of the Licensed Asset. Any reference to the “purchase” or “sale” (or similar terms) of the Licensed Asset refers to the purchase of a limited license only and not the purchase of the underlying copyright or work itself. As a Licensee, Licensee’s ownership of the media and/or device on which the Licensed Asset is recorded, if any, is distinct from and does not grant any ownership right, title or interest in and to the design of the Licensed Asset itself. This Licensee Agreement does not grant Licensee any rights to trademark or any other intellectual property rights (aside from copyright) in the Licensed Asset.

Termination

Boem STORE may terminate this License Agreement at any time if Licensee breaches any of the terms of this or any other agreement with Boem STORE, in which case Licensee must immediately: cease using the Licensed Asset; delete or destroy any copies; and, if requested, confirm to Boem STORE in writing that Licensee has complied with these requirements. If Licensee uses the Licensed Asset on a social media platform and the platform uses (or announces that it plans to use) the Licensed Asset for its own purpose or in a way that is contrary to this License Agreement, the rights granted for such use shall immediately terminate, and in that event, upon Boem STORE’s request, Licensee agrees to remove any content from such platform.

Content Withdrawal

Boem STORE may discontinue licensing the Licensed Asset at any time in its sole discretion. Upon notice from Boem STORE, or upon Licensee’s knowledge, that a Licensed Asset may be subject to a claim of infringement of a third party’s right, Boem STORE may require Licensee to immediately, and at Licensee’s own expense: cease using the Licensed Asset, delete or destroy any copies. Boem STORE will provide you with replacement content (determined by Boem STORE in its reasonable commercial judgment) free of charge, as its sole obligation, subject to the other terms of this License Agreement.

Audit

Upon reasonable notice, Licensee agrees to provide to Boem STORE sample copies of projects or end uses that contain Licensed Asset, including by providing Boem STORE with free of charge access to any platform where the Licensed Asset is reproduced. In addition, upon reasonable notice, Boem STORE may, at its discretion, either through its own employees or through a third party, audit Licensee’s records directly related to this License Agreement. If any audit reveals an underpayment by Licensee to Boem STORE of five percent (5%) or more of the amount Licensee should have paid, then in addition to paying Boem STORE is entitled, you also agree to reimburse Boem STORE for the costs of conducting audit.

Disclaimer of Warranties

Licensee’s use of the Licensed Asset is at Licensee’s own risk. The Licensed Asset is provided on an “AS IS” AND “AS AVAILABLE” BASIS, without any warranties of any kind, either express or implied. Boem STORE hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation of Liability

In no event will Boem STORE, its affiliates or employees be liable for damages of any kind, arising out of or in connection with this License Agreement, including, without limitation, your use, or inability to use, the Licensed Asset, including any indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), intellectual property infringement, breach of contract or breach of recommendations of  Boem STORE for using specific material or any printing instructions or otherwise, even if foreseeable. In no event will the liability of Boem STORE, its affiliates, employees or employees be liable for damages of any kind, under any legal theory, arising out of or in connection with this License Agreement, including, without limitation, your use, or inability to use, or not following the recommendations for the material to be used, or not following the instructions for printing of the Licensed Asset, exceed the fees that Licensee paid for the Licensed Asset. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

Indemnification

Licensee agrees to defend, indemnify and hold harmless Boem STORE, its affiliates, their respective employees and contractors and assigns from and against any claims liabilities, damages, judgements, awards, losses, costs, expenses or fees (including but not limited to reasonable attorneys’ fees) arising out of or relating to Licensee’s (or anyone acting on Licensee’s behalf) (i) violation of this License Agreement, (ii) use of the Licensed Asset in violation of law, rules or regulations, or (iii) use of the Licensed Asset violation of third party rights where such violation is due to the modification of the Licensed Asset.

Limitation on Time to File Claims

To the maximum extent permitted by law, any cause of action or claim you may have arising out of or relating to the licensed asset or this license agreement must be commenced within one (1) year after the cause of this action accrues, otherwise, such cause of action or claim is permanently barred.

Choice of Law and Forum

All matters relating to Licensed Asset and the License Agreement and any dispute or claim arising therefrom or related thereto (in each case, including, without limitation, non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Czech Republic. Any legal suit, action or proceeding arising out of, or related to, the Licensed Asset or this License Agreement shall be instituted exclusively in the courts of the Czech Republic although we retain the right to bring any suit, action or proceeding against Licensee for breach of this License Agreement in Licensee’s country of residence or any other relevant country. Licensee waives any and all objections to the exercise of jurisdiction over Licensee by such courts and to venue in such courts to the maximum extent permitted by law.

Waiver and Severability

No waiver by Boem STORE of any term or condition set forth in this License Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Boem STORE to assert a right or provision under this License Agreement shall not constitute a waiver of such right or provision.

If any provision of this License Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the License Agreement, including the Terms of Use, will continue in full force and effect.

Modifications

Boem STORE may modify these License Terms by posting an updated version at Boem STORE website. Then the current version of the License Agreement posted at the time of purchase shall apply to purchases (even if the Licensed Asset is downloaded after the License Agreement is updated). Updated versions of the License Agreement shall not apply retroactively to prior purchases unless Boem STORE notifies Licensee of the changes and that they will apply retroactively (e.g., via email to the address on file).

END OF COMMERCIAL LICENCE TERMS