Here is a legally binding agreement between the licensee (“you”) and 3DMAXTER regarding your rights to use 3D Models from the Site under this license. “You” refers to the purchasing entity, whether it is a natural person who must be at least 18 years of age or a corporate entity.

1. Definitions

This agreement is designed to be straightforward and to clarify the usage of 3D Models in your work (“Creations”). Over the years, 3DMAXTER has received numerous questions about how 3D Models can be utilized in Creations, and we have endeavored to address those inquiries in this agreement.

Certain terms in this agreement have specific meanings. Words initially presented in quotation marks, such as “you” and “Creations,” are defined in the text preceding the term. Other capitalized terms are defined below:

  • “3D Model” refers to a collection of one or more digital files, especially in the interior, packaged as a product on the Site, identifiable by a 3D Model ID, and made available for purchase. A 3D Model may include files such as 3D Model data, geometry, texture maps, materials, motion captures, renderings, and other related files that contribute to the representation of the 3D Model.
  • “Site” refers to the 3DMAXTER websites, APIs, software applications, or any approved means or utilities, whether currently existing or developed in the future. This includes the software and source code used by 3DMAXTER to provide such services, as well as user interface layouts, designs, images, text, knowledge base articles, program offers, site information provided in reports, and all other intellectual property protected under copyright, trademark, patent, publicity, or any other proprietary rights.
  • “Purchase” refers to the acquisition of a 3D Model by you from the Site under this agreement, whether it involves buying a 3D Model available for a price greater than $0 or downloading a 3D Model that is offered at no charge.
  • “Product Page” refers to the product page or interface that displays 3D Models available for purchase on the Site.
  • “Depicted Intellectual Property” refers to any intellectual property represented in the 3D Model, including copyright, trademark, trade dress, rights of publicity, or any other proprietary rights that may apply globally. For clarity, this does not pertain to the copyrights owned by the creator of the 3D Model that are licensed under this agreement.

To enhance the readability of this agreement and reduce repetition, the following terms are used:

  • “Include,” “including,” and “such as” are to be understood as being followed by “but not limited to.” Examples provided in this agreement are intended to illustrate rather than limit the scope of the terms.
  • “The following restrictions,” “the preceding restrictions,” and “subject to the restrictions” are to be understood as being followed by “in addition to all other restrictions applicable within this agreement.

2. License Regulations

Ownership

When you use 3D models at 3DMAXTER, you are not granted ownership of the models. All rights to the 3D models, except those specifically granted to you in this agreement, remain with 3DMAXTER and its licensors.

Rights Granted

For 3D Models, 3DMAXTER grants you a non-exclusive, perpetual, worldwide right and license to copy, distribute, reproduce, adapt, publicly display, publicly perform, digitally perform, transmit, broadcast, telecast, advertise, create derivative works, and market 3D Models within Creations for the uses authorized in this agreement.

Editorial Use Restriction for Some 3D Models

If a 3D model is labeled as “Editorial Use Only” on its product page, there are certain restrictions on how it can be used. You may use these models only for news-related purposes, such as in television or online reporting, or for content with cultural, editorial, or journalistic value.

3. License Term & Termination

Term: Your right and license to use 3D Models is perpetual unless terminated as described herein.

Payment Reversal: Your rights to use 3D models depend on your successful purchase of them. If payment for your purchase is reversed for any reason, all rights granted under this agreement will be immediately canceled. Possible reasons for a payment reversal include:

  • 3DMAXTER reverses your Purchase at your request.
  • 3DMAXTER receives a chargeback or other notice from your bank or credit card provider canceling your Purchase and withdrawing the funds used for your Purchase.
  • 3DMAXTER determines, at its sole discretion, that your Purchase was fraudulent.
  • If you are granted delayed payment terms and fail to make payments, 3DMAXTER will send you notice and terminate your account.

4. Warranties

You covenant, represent, and warrant to 3DMAXTER that:

  • You have the full legal right, authority, and capacity to enter into and fulfill this agreement. You have obtained any necessary third-party consent to do so, and before making any purchase, you had the opportunity to seek legal advice if needed. This agreement is effective simply by your actions in using the 3D models according to the terms set by us.
  • You will only use the 3D models according to the terms of this agreement. If you use the 3D models in ways not allowed by this agreement, you agree to pay any reasonable fees or penalties imposed by 3DMAXTER, as per this agreement or the law.
  • Before disclosing such an issue to any third party, you will immediately notify 3DMAXTER of any legal claim or challenge against your use of 3D Models or any other rights issue.

5. Limitation of Liability

3D models are provided on an “as is,” “as available,” and “with all faults” basis. 3DMAXTER makes no representations, warranties, conditions, or guarantees regarding the usefulness, quality, suitability, fitness for a particular purpose, or non-infringement of the 3D models. While we ensure that our 3D models meet specific file formats and technical specifications, we do not guarantee that all aspects, such as the models’ real-world measurements, weight, durability, strength, materials, or regulatory compliance, are always perfectly accurate or complete for every use.

You assume all risk for any damage to your computer systems and network that may result from obtaining 3D Models, including any damage from computer viruses.

6. Other Terms

Entire Agreement

This agreement constitutes the entire agreement between you and 3DMAXTER relating to your purchase unless you have a corporate license agreement with 3DMAXTER. Corporate licenses are available with additional protections for additional fees.

Please get in touch with us if your organization requires a corporate license. 3DMAXTER does not offer any other changes, additions, variations, or additional signed forms related to this agreement. A modification to this agreement will only be binding if it is in writing and signed by an authorized 3DMAXTER representative.

Material Breach and Injunction

Your rights hereunder vary by licensing tier as follows:

  • For the Standard License: You agree that any material breach of these Terms will result in irreparable harm to 3DMAXTER, for which damages would be an inadequate remedy. Therefore, in addition to its rights and remedies otherwise available at law, 3DMAXTER will be entitled to equitable relief, including a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for posting a bond or other security if 3DMAXTER seeks such an injunction.
  • Notwithstanding anything to the contrary herein, 3DMAXTER would be irreparably harmed and shall be entitled to equitable relief, including injunctive relief, for any hacking, theft, or misuse of the Site.

7. Contact Us

If you have any questions about these 3d model license, please contact us at:

3DMAXTER LTD

Email: [email protected]

This 3D Model License is effective for use with 3D Models on or after 1/11/2024