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 [website] 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):
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.
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).
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
All digital content available on [website], 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.
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.
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.
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).