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End User License Agreement

End User License Agreement for Textures (“ASSET”) for commercial or non-commercial use

Version 1.0.0 - January 01, 2022


By downloading and/or using this Asset offered by {ths} or its distributors, you (“Licensee”) agree to be bound by the following terms and conditions of this End User Licensing Agreement (“EULA”):


Right Granted

{ths} grants Licensee a perpetual, worldwide, non-exclusive and non-transferrable license to you.

1. General

DO’S

— Use the Licensed Asset for commercial purposes

— Use the Asset for non-commercial, personal activities

— Use the Asset to create and distribute graphics, logos, and artwork for display on any surface including computer screens, television screens, paper, physical products, or any other surface for as long as your work is significantly different than the original Asset; require time, effort, and skill to produce; and not derive its primary value from the Asset itself

DONT’S

— Resell or sub-license or giving to third parties

— Resell any modification of the asset on its own

— Make the asset public or share the asset in any way that allows others to download, extract, or redistribute it as a standalone file

— Use the Licensed Asset in fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material

— Falsely represent authorship and/or ownership of the Licensed Asset

— Allow anyone other than the Licensee to customize a digital or physical end product, whether for commercial or non-commercial use. This includes, but is not limited to, “print on demand”, “made to order” or “download on demand” applications

— Any other use that is not expressly permitted in the license terms is strictly prohibited

Copyright

The Asset are protected by German copyright law. {ths} is the sole, exclusive owner of all intellectual property rights, including rights under copyright and trademark law. Licensee agrees not to use the Asset in any manner that infringes the intellectual property rights of the {ths} or violates the terms of this EULA. Licensee will be held legally responsible, and indemnifies {ths}, for any infringements on the rights caused by failure to abide by the terms of this EULA.

Termination

This EULA is effective until terminated. If Licensee fails to comply with any term of this EULA, {ths} may terminate the EULA with 30 days notice. This EULA will terminate automatically 30 days after the issuance of such notice.

Disclaimer and Limited Warranty

{ths} warrants the Product to be free from defects in materials and workmanship under normal use for a period of twenty one (14) days from the date of delivery as shown on Receipt. {ths}'s entire liability, and Licensee’s exclusive remedy, for a defective product shall be, at {ths}'s election, either (1) return of purchase price or (2) replacement of any such product that is returned to {ths} with a copy of the Receipt. {ths} shall have no responsibility to replace the product or refund the purchase price if failure results from accident, abuse or misapplication, or if any product is lost or damaged due to theft, fire, or negligence. Any replacement product will be warranted for twenty one (14) days. This warranty gives Licensee specific legal rights. Licensee may have other rights, which vary from country to country.

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE PRODUCT, IS PROVIDED “AS IS”. {ths} MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

The entire risk as to the quality and performance of the Product rests upon Licensee. {ths} do not warrants that the functions contained in the Product will meet Licensee’s requirements or that the operation of the software will be uninterrupted or error free.

{ths} SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FROM LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT EVEN IF {ths} OR THE FOUNDRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Governing Law

This EULA is governed by the laws of Germany.