License Agreement
Introduction
THIS IS A LEGAL AGREEMENT between you ("Licensee") and Off World Depot ("OWD" or "Licensor"). By downloading or using any content from OWD, you agree to be bound by the terms of this agreement.
1. What is "the content"
"The Content" refers to any digital asset, file, model, or piece of media provided on OffWorldDepot.com. This includes but is not limited to 3D models, images, textures, sounds, animations, and other digital resources. The Content is owned by OffWorldDepot.com or its licensors and is provided to you under the terms of this Agreement.
2. Licensed Content Use Cases
As a user of OffWorldDepot.com, you are granted a license to use the Content for both personal and commercial purposes. This includes use in personal projects, commercial productions, and in the advertising or marketing of these productions.
3. Using the Content within Published Projects
You are permitted to distribute publications and projects that include the licensed Content. These could be video games, rendered video, broadcast, streamed content, cartoons, movies, and so forth. The Content can be used as a component within these projects but must not be the primary focus.
4. Do Not Distribute Content in Source Format
While you can distribute projects that include the Content, you may not distribute the Content in its source format to third parties, with the exception of distributing of content to employees, affiliates, and contractors, who can use the Content in good faith to develop a project on your behalf. However, they must delete the licensed Content once it has no more use in project development on your behalf.
5. Other Restrictions on Use of Licensed Content
- You must not sell, rent, lease or transfer licensed Content.
- Third parties should not have access to the Content for the purpose of creating derivative works, except as outlined in section 5.
- The Content should not be used in violation of applicable law or in any way that violates the rights of a third party.
- The Content must not be collected, aggregated, mined, scraped, or otherwise compiled into datasets utilized by generative AI programs, in the development of Generative AI programs, or as inputs to Generative AI Programs.
6. Ownership Rights
As between you and OffWorldDepot.com, you own all rights, other than rights in the licensed Content or as stated in the terms, in the projects you develop under this agreement. OffWorldDepot.com or its licensors own all title, ownership rights, and intellectual property rights in the licensed Content. All rights granted to you under this agreement are granted by the license only and not by sale or subscription services, and all of those rights are limited by and subject to the terms of this agreement. No license or other right will be created hereunder by implication, estoppel, or otherwise. Any attempted sublicense that is not consistent with the terms of this Agreement will be null and void.
7. The Agreement Between You and the Content Licensor
OffWorldDepot.com is the Content Licensor for the purposes of this Agreement, unless indicated otherwise. As the Content Licensor, OffWorldDepot.com provides you with access to the Licensed Content under the terms outlined in this Agreement.
8. Off World Depot Account
To access any Content, whether free or subscription-based, you must have a valid and active account with OffWorldDepot.com. If you are an individual, you are considered the user. If you are a legal entity, such as a company or organization, the individual employees or agents who exercise your rights under this Agreement are considered the users. It is your responsibility to ensure that these individuals comply with the terms of this Agreement.
9. Disclaimers
To the fullest extent permissible under applicable law, the Licensed Content is provided to you “as is,” with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. The entire risk of satisfactory quality and performance resides with you. OffWorldDepot.com does not make, and hereby disclaims, any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data, merchantability, satisfactory quality, fitness for a particular purpose, noninfringement of third party rights, and warranties (if any) arising from a course of dealing, usage, or trade practice. OffWorldDepot.com does not warrant against interference with your enjoyment of the Licensed Content; that the Licensed Content will meet your requirements; that operation of the Licensed Content will be uninterrupted or error-free, or that the Licensed Content will be compatible with third party software or hardware, or that any errors in the Licensed Content will be corrected.
10. Limitation of Liability
Under no circumstances will OffWorldDepot.com, its parent, subsidiaries, or affiliates be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access or use of, or inability to use, the Licensed Content, whether or not the damages were foreseeable and whether or not OffWorldDepot.com was advised of the possibility of such damages.
11. Indemnification
You agree to indemnify, defend, and hold harmless OffWorldDepot.com, its parent, subsidiaries, and affiliates, and their respective directors, officers, employees, and agents from any and all claims and expenses, including attorneys’ fees, arising out of your use of the Licensed Content, including but not limited to your violation of this Agreement.
12. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Cache County, Utah, for the resolution of any disputes arising out of or relating to this Agreement.
13. No Class Actions
You agree that you may bring claims against OffWorldDepot.com only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Unless both you and OffWorldDepot.com agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
14. Amendments
Off World Depot reserves the right to make changes to this Agreement at any time. If changes are made, we will provide you with notice of such changes. You will need to accept these changes before you are permitted to access certain services, such as downloading new Licensed Content. This Agreement supersedes any prior agreements between you and OffWorldDepot.com, except in cases where OffWorldDepot.com has provided you with a custom license to use Licensed Content for specific projects.
15. Entire Agreement
This Agreement constitutes the entire agreement between you and OffWorldDepot.com with respect to the Licensed Content and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by OffWorldDepot.com. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern to the extent not prohibited by local law in your jurisdiction.
By using the Licensed Content, you signify your irrevocable acceptance of this Agreement. If you do not agree to the terms of this Agreement, you must immediately discontinue using the Licensed Content and notify OffWorldDepot.com that you have terminated this Agreement.
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
OffWorldDepot.com reserves the right to change, modify, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on its website and will indicate at the top of this page the date this Agreement was last revised.
Your continued use of the Licensed Content following the posting of changes will mean that you accept and agree to the changes. As long as you comply with this Agreement, OffWorldDepot.com grants you a personal, non-exclusive, non-transferable, limited right to enter and use the Licensed Content.
