PLASTICBOY PICTURES CONTENT LICENSE AGREEMENT
LAST UPDATED: November 2015
This is a license agreement between you and Plasticboy Pictures that explains how you can use 3D
models that you license from Plasticboy Pictures. By downloading content from Plasticboy Pictures, you
accept the terms of this agreement.
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1. Licence Type
Plasticboy Pictures offers a standard “royalty free” licence for the use of all of their anatomical 3D model
content.
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2. Permitted uses
You may use content in any way that is not restricted (see Restricted Uses below). Subject to those
restrictions and the rest of the terms of this agreement, the rights granted to you by Plasticboy Pictures
are:
• Perpetual, meaning there is no expiration or end date on your rights to use the content.
• Non-exclusive, meaning that you do not have exclusive rights to use the content. Plasticboy
Pictures can license the same content to other customers.
• Unlimited, meaning you can use the content in an unlimited number of projects and in any media.
For purposes of this agreement, "use" means to copy, reproduce, modify, edit, synchronize, perform,
display, broadcast, publish, or otherwise make use of.
Examples of how you can use licensed content include: film and television productions; software, web
and mobile applications; print publications; websites; blog posts; social media; advertisements; marketing
campaigns; corporate presentations; newspapers; magazines; books; product packaging.
Please make sure you read the Restricted Uses section below for exceptions.
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3. Restricted Uses.
a. No Unlawful Use. You may not use content in a pornographic, defamatory or other unlawful
manner.
b. No Commercial Use of "Sample" Content. You may not use content marked "Sample" for any
commercial, promotional, advertorial, endorsement, advertising or merchandising purpose. This type of
content is intended to be used only for the purposes of testing the content on a 30 day trial basis (for
example, to be tested for succesful import and rendering, or interactive testing).
c. No Standalone File Use. You may not use content in any way that allows others to download,
extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the
project or end use).
d. No Use in Trademark or Logo. You may not use content as part of a trademark, design mark,
tradename, business name, service mark, or logo.
e. No False Representation of Authorship. You may not falsely represent that you are the original
creator of a work that is made up largely of licensed content. For instance, you cannot create an artowrk
based solely on licensed content and claim that you are the author.
f. No Stock Content for Resale. 3D Models may not be used in the creation of any type of stock
content, whether is be 2D or 3D, animated or still (for example in products for sale on stock websites
such as iStockphoto.com)
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4. Usage Rights
The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer
or sublicense them to anyone else. There are two exceptions:
• Employer or client. If you are purchasing on behalf of your employer or client, then your employer
or client can use the content. In that case, you represent and warrant that you have full legal authority to
bind your employer or client to the terms of this agreement. If you do not have that authority, then your
employer or client may not use the content.
• Subcontractors. You may allow subcontractors (for example, a freelance 3D artist or or programmer)
or distributors to use content in any production or distribution process related to your final project
or end use. These subcontractors and distributors may not use the content for any other purpose.
Please note that seat/user restrictions apply. You may only use the content with appropriate amount of
users, as explained in Section 5 below.
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5. Geographic License Restrictions
Geographic licence restrictions refer to the “raw” 3D file of content, not the end project or use.
Standard licence means that you may share content within your organization but the content may only be
used at a single geographic location. You will be required to include the address during the checout
phase. Unless you purchase additional licenses, you may not use the content at any other geographical
location.
• Content may be stored on a cloud or external server, but may only be accessed from the single
specified geographic location.
• If you need to access the raw content at multiple geographic locations, please contact Plasticboy
Pictures to discuss discounted multiple licence opptions.
Number of Permitted Users : Unlimited users within an organization.
Number of permited Geographic Locations : 1 per licence
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6. User Accounts.
You will be responsible for tracking all activity for each user account, and you agree to: (1) maintain the
security of all passwords and usernames; (2) notify Plasticboy Pictures immediately of any unauthorized
use or other breach of security; and (3) accept all responsibility for activity that occurs under each user
account. Plasticboy Pictures reserves the right to monitor downloads and user activity to ensure compliance
with the terms of this agreement. If Plasticboy Pictures determines that you are in breach of this or
any other term of this agreement, it may suspend access to your account and seek further legal remedies.
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7. Intellectual property rights.
• Property Ownership. All of the licensed content is owned by Plasticboy Pictures. All rights not
expressly granted in this agreement are reserved by Plasticboy Pictures and the content suppliers.
• Attribution.
• Crediting the source. You do not need to include any credits for commercial use, but if you are
using content for editorial purposes, you must include the following credit adjacent to the content:
"Plasticboy.co.uk."
• Additional Royalty Fees. The Standard Royalty Free licence means there are now additional royalty
fees based on usage.
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8. Termination/Cancellation/Withdrawal.
. Termination. This agreement is effective until it is terminated by either party. You can terminate this
agreement by ceasing use of the content and deleting or destroying any copies. Plasticboy Pictures may
terminate this agreement at any time if you fail to comply with any of the terms, in which case you must
immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to Plasticboy
Pictures in writing that you have complied with these requirements.
• If you use the content in any way that is contrary to this agreement, this agreement shall immediately
terminate.
a. Refunds/Cancellation.
• Refunds can be requested within 14 days of your invoice date and will be considered based on
technical issues with the file at the sole discretion of Plasticboy Pictures.
• All requests for refunds/cancellations must be made in writing. If the request is approved, Plasticboy
Pictures will issue a full or partial refund within 30 days. In the event of cancellation, your rights to
use the content terminate, and you must delete or destroy any copies of the content.
b. Content Withdrawal. Plasticboy Pictures may discontinue licensing any item of content at any time
in its sole discretion. Upon notice from Plasticboy Pictures, or upon your knowledge, that any content
may be subject to a claim of infringement of a third party's right for which Plasticboy Pictures may be
liable, Plasticboy Pictures may require you to immediately, and at your own expense: cease using the
content, delete or destroy any copies; and ensure that your clients, distributors and/or employer do
likewise. Plasticboy Pictures will provide you with replacement content (determined by Plasticboy
Pictures in its reasonable commercial judgment) free of charge, subject to the other terms of this agreement.
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9. Representations and Warranties.
Plasticboy Pictures makes the following representations and warranties:
a. Warranty of Non-Infringement. Your use of the content in accordance with this agreement and in
the form delivered by Plasticboy Pictures will not infringe on any copyright, moral right, trademark or
other intellectual property right and will not violate any right of privacy or right of publicity; and all necessary
property releases for use of the content in the manner authorized by this agreement have been
obtained.
b. No Other Warranties. Except as provided in the "warranty of non-infringement" section above, the
content is provided "as is" without representation, warranty or condition of any kind, either express or
implied, including, but not limited to, implied representations, warranties or conditions of merchantability,
or fitness for a particular purpose. Plasticboy Pictures does not represent or warrant that the content
is “medically accurate” or will meet your requirements or that its use will be uninterrupted or error free.
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10. Indemnification/Limitation of Liability.
a. Indemnification of Plasticboy Pictures by you. You agree to defend, indemnify and hold harmless
Plasticboy Pictures and its parent, subsidiaries, affiliates, and content suppliers, and each of their
respective officers, directors and employees from all damages, liabilities and expenses (including
reasonable outside legal fees) arising out of or in connection with any breach or alleged breach by you (or
anyone acting on your behalf) of any of the terms of this agreement.
b. Indemnification of you by Plasticboy Pictures. Provided that the content is only used in accordance
with this agreement and you are not otherwise in breach of this agreement, and as your sole and exclusive
remedy for any breach of the warranties set forth in Section 9(a) above, Plasticboy Pictures agrees,
subject to the terms of this Section 10, to defend, indemnify and hold harmless you, your corporate
parent, subsidiaries and affiliates, and each of your respective officers, directors and employees from all
damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection
with any breach or alleged breach by Plasticboy Pictures of its warranty in Section 9(a) above. This
indemnification does not apply to the extent any damages, costs or losses arise out of or are a result of
modifications made by you to the content or the context in which the content is used by you. This indemnification
also does not apply to your continued use of content following notice from Plasticboy Pictures,
or upon your knowledge, that the content is subject to a claim of infringement of a third party's right.
c. The party seeking indemnification must promptly notify in writing the other party about the claim.
The indemnifying party (the one covering the costs) has the right to assume the handling, settlement or
defense of any claim or litigation, in which case the indemnified party (the one not covering the costs) has
to cooperate in any way reasonably requested by the indemnifying party. The indemnifying party will not
be liable for legal fees and other costs incurred prior to the other party giving notice of the claim for
which indemnity is sought.
d. Limitation of Liability. PLASTICBOY PICTURES WILL NOT BE LIABLE TO YOU OR ANY OTHER
PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF PLASTICBOY
PICTURES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR
LIABILITY.
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11. General Provisions.
. Assignment. This agreement is personal to you and is not assignable by you without Plasticboy
Pictures's prior written consent. Plasticboy Pictures may assign this agreement, without notice or
consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be
bound by these terms.
a. Audit/Certificate of Compliance. Upon reasonable notice, you agree to provide to Plasticboy
Pictures sample copies of projects or end uses that contain licensed content, including by providing
Plasticboy Pictures with free of charge access to any pay-walled or otherwise restricted access website
or platform where content is reproduced. In addition, upon reasonable notice, Plasticboy Pictures may, at
its discretion, either through its own employees or through a third party, audit your records directly
related to this agreement and your use of licensed content in order to verify compliance with the terms of
this agreement. If any audit reveals a breach by you of this agreement, then in addition to paying Plasticboy
Pictures the amount of the underpayment, you also agree to reimburse Plasticboy Pictures for the
costs of conducting the audit. Where Plasticboy Pictures reasonably believes that content is being used
outside of the scope of the license granted under this agreement, you agree, at Plasticboy Pictures's
request, to provide a certificate of compliance signed by an officer of your company, in a form to be
approved by Plasticboy Pictures.
b. Electronic storage. You agree to retain the copyright symbol, the name of Plasticboy Pictures, the
content's identification number and any other information that may be embedded in the electronic file
containing the original content, and to maintain appropriate security to protect the content from unauthorized
use by third parties. You may make one (1) copy of the content for back-up purposes.
c. Governing Law/Arbitration. This agreement will be governed by the laws of the Republic of South
Africa, without reference to its laws relating to conflicts of law. Any disputes arising from or related to
this agreement shall be finally settled by binding, confidential arbitration by a single arbitrator selected
using the rules and procedures for arbitrator selection under the Commercial Rules of the International
Centre for Dispute Resolution ("ICDR") in effect on the date of the commencement of arbitration (the
applicable rules to be at your discretion) to be held in one of the following jurisdictions (whichever is
closest to you): Seattle, Washington; New York, New York; Los Angeles, California; London, England;
Paris, France; Frankfurt, Germany; Tokyo, Japan; or Singapore. The arbitration proceedings shall be
conducted in English and all documentation shall be presented and filed in English. The decision of the
arbitrator shall be final and binding on the parties, and judgment may be entered on the arbitration award
and enforced by any court of competent jurisdiction. The United Nations Convention on Contracts for the
International Sale of Goods does not govern this agreement. Plasticboy Pictures shall also have the right
to commence and prosecute any legal or equitable action or proceeding before any court of competent
jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Plasticboy
Pictures, such action is necessary or desirable. The parties agree that, notwithstanding any otherwise
applicable statute(s) of limitation, any arbitration proceeding shall be commenced within two years of the
acts, events or occurrences giving rise to the claim.
d. Severability. If one or more of the provisions in this agreement is found to be invalid, illegal or
unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should
not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.
e. Waiver. No action of either party, other than express written waiver, may be construed as a waiver
of any provision of this agreement.
f. Entire Agreement. No terms of conditions of this agreement may be added or deleted unless made
in writing and accepted in writing by both parties, or issued electronically by Plasticboy Pictures and
accepted in writing by you. In the event of any inconsistency between the terms of this agreement and the
terms contained on any purchase order sent by you, the terms of this agreement will apply.
g. Notice. All notices required to be sent to Plasticboy Pictures under this agreement should be sent
via email to support@plasticboy.co.uk. All notices to you will be sent via email to the email given during
the chechout process.
h. Taxes. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes
and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the
licensed content.
i. Interest on Overdue Invoices. If you fail to pay an invoice in full within the time specified, Plasticboy
Pictures may add a service charge of 1.5% per month, or such lesser amount as is allowed by law, on any
unpaid balance until payment is received.
j. Licensing Entity. The licensing entity under this agreement is determined based on your billing
address and shall be as set out on your invoice.