END-USER LICENSE AGREEMENT FOR HIPIXEN PRODUCTS
The terms and conditions of use of HiPixen Content and HiPixen software regulate the relationship between HiPixen, as Licensor, and the End-User of the HiPixen Products as Licensee. Those terms and conditions of use, here in after referred to as “HiPixen Products”, are shown below..
1.1 HiPixen is a Kreative Point snc brand. Kreative Point s.n.c. is a general partnership company, duly incorporated and existing according to the laws of the Italian Republic, with registered office in Portobuffolè in piazza 4 Novembre, 3 – TV – Italy , VAT no. 03990600268 REA (Economic and Administrative Business Register) no. : TV 313993
HiPixen, operator of the site, produces and sells three-dimensional models and textures, and the relative contents are protected by Copyright.
1.2 “HiPixen Content” or “Model” is a three-dimensional model, a combination of three-dimensional models and/or textures, created by HiPixen. Contents is therefore intended as any 3D files, images or any media or other material that is downloaded from the site, together with any accompanying material.
1.3 In this Agreement “Customer” or “End-User” means the person or entity that makes the registration and the purchase or, if the purchase is made in the name and on behalf of a company, the company itself.
- Conditions of the License.
2.1 With this Agreement HiPixen grants the End-User a perpetual, non-exclusive and non-transferable world license to use the Content for permitted uses (as hereinafter specified). Any use that is not expressly qualified as a permitted use is to be considered as forbidden and not authorised by HiPixen.
2.2 The End-User may use the Content for advertising, promotional and other permitted uses (as hereinafter specified).
The End-User may not use the Content in products for resale, for licensing or other form of distribution, and this also applies if the original Content made available by HiPixen has been modified or transformed by the Customer. In the event that the Customer modifies or transforms the Content, the latter shall remain, in all events, the exclusive property of HiPixen.
2.3 The End-User is exclusively authorised to use the Content for their own purposes. As a result, the End-User may transfer the Content to their own customers only for the purpose of reproduction for the permitted uses, provided that the Content is not made available and the Customers are not able to extract or access or reproduce the Content as an electronic file; such persons or entities do not, in fact, have further or additional rights to use the Content.
- Permitted uses.
Without prejudice to the limits described in article 4 below (“Prohibited Uses”), the “Permitted uses” of the Content are:
3.1 Advertising, commercial breaks, and promotional designs, multimedia presentations, broadcasts and theatre productions, films and videos, CG displays;
3.2 Entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters;
3.3 On-line or electronic publications, including web pages and/or internet broadcasts;
3.4 Prints, posters, catalogues, brochures (including in paper form) and others;
3.5 Any type of personal projects and/or works of art;
3.6 Any other use approved by HiPixen in writing.
The End-User has the obligation to contact HiPixen before hand in the event to be any doubt whether the use proposed is a Permitted Use.
- Prohibited Uses.
The End-User is prohibited from using the Content for uses not expressed in “Permitted Uses” above. Having said that, without prejudice to what is set out in article 11 below, the “Prohibited uses” are those hereinafter listed. By way of example, not exhaustively, the End-User may not:
4.1 Use the Content in applications intended for resale, unless with the express authorisation of HiPixen, provided on each occasion after request;
4.2 Integrate the Content in any product that results in a re-distribution or re-use of the Content or otherwise makes the Content available in such a way that a person is able to extract or access or reproduce the Content as an electronic file;
4.3 Patent, resell, rent, loan, assign or otherwise transfer or distribute the Content or associated rights in accordance with this Agreement;
4.4 Use or visualise the Content in electronic form in order to be downloaded or distributed or shared in any way. As well as with peer-to-peer arrangements or any other similar means of sharing files.
- Means of access to HiPixen Products.
5.1 In order to be able to use the HiPixen Products, the End-User must:
a) register on the HiPixen.it website;
b) accept this License Agreement and the relative Conditions and provisions;
c) choose one or more models available on the HiPixen.it website;
d) Pay the consideration requested for the product(s) selected.
5.2 A purchase request by the customer must be submitted performing the following actions:
a) choice of 3D Model(s) by clicking on the “Add to cart” information button
b) choice of a method of payment and input of the information for invoicing (if applicable);
c) review of the information included on the registration form;
d) confirmation of the purchase request by clicking the “Complete purchase” information button.
5.3 Once it has received payment, HiPixen confirms the order and the payment providing a communication trough the e-mail address provided by the End-User during registration. The End-User is responsible for the correct indication of the e-mail address when registering.
- Conclusion of the license agreement.
6.1 The End-User’s registration is carried out through an on-line procedure and involves the provision of specific information, including: name and surname and e-mail address.
The End-User undertakes to:
Provide the personal information requested during this procedure, taking care that such information is up-to-date, complete and true; update this data promptly and constantly in order to guarantee to HiPixen to manage the relation with the End-User.
HiPixen shall, in all events, have the right to temporarily or definitively disable the account of the End-User in question, preventing any further use, in the following events: that the User provides false, incomplete, out-of-date or inaccurate information, or if HiPixen considers, on the basis of its own discretional judgement, that the information provided by the End-User is false, incomplete, out-of-date or inaccurate.
At the end of the registration procedure, the End-User obtains the attribution of a personal Account to which they access by means of a confidential User Identification (ID) and Password (PW).
Use of the site and of the Account is strictly personal.
The End-User is solely and exclusively responsible for the safekeeping and proper use of the access credentials to their Account (responsibility that extends to any sort of activity exercisable through their relative use) and, as a result, undertakes to correctly and attentively perform the login and logout procedures, to immediately communicate to HiPixen any non-authorised use of their Account, as well as any other breach of the security regulations of which they become aware.
HiPixen may not, in any way, be held liable for damages deriving from failed compliance with these registration procedures, since the End-User is aware that, for the purpose of regulating access to the service, their authentication depends exclusively on the check of their ID and PW.
The End-User is solely liable for any damage or harm deriving to HiPixen or to third parties further to incorrect use, loss, theft and/or impairment of the confidentiality of the ID and PW.
All the operations carried out through the user Account are automatically traceable to the End-User, without exceptions.
6.2 The License Agreement takes effect when consent has been expressed as per the above. The License Agreement is entered into in English.
6.3 HiPixen confirms receipt of the End-User’s declarations by forwarding a communication to the End-User’s e-mail address included on the payment/downloading form. The communication must contain:
– The name, legal address and contact details of HiPixen to which the End-User may submit complaints;
– The methods of payment and of performance;
– The price for the Model(s) requested, including all taxes.
6.4 By completing the registration and payment forms by clicking on the “Download” button, the End-User accepts these Conditions of Use without reservations. With this acceptance, a contract is entered into with HiPixen, and the End-user undertakes to comply with all the provisions. The User may correct the information that is included on the payment/download forms before confirming the purchase request.
6.5 All payments and/or downloads of the Content carried out on HiPixen must be performed directly by the End-User. If the End-User is a legal entity they must be provided by the legal representative.
6.6 The purchase order may not impose any obligation on HiPixen in the event incorrect or incomplete data or when HiPixen has not received payment of the ordered Content.
- Prices and method of payment.
7.1 The prices are those indicated on the site upon connection to it. HiPixen reserves the right to modify the prices at any time, without prejudice to the fact that the modification of the prices is not applicable to orders already made.
The prices are in Euros and do not include Italian VAT.
7.2 Payment is made on-line with the methods indicated on the site.
7.3 A confirmed order is processed by HiPixen only further to receipt of payment. In the event of the bank’s refusal, the order is cancelled and notice of cancellation is sent (both on the site and by electronic mail).
- Obligations of the End-User.
The End-user undertakes to:
8.1.1 Pay the costs for the chosen Model(s), including VAT if applicable;
8.1.2 Not to share, sell, copy, multiply, distribute, modify or use the HiPixen Products in breach of this License Agreement.
When using the HiPixen Products the End-User also undertakes to:
8.2.1 Comply with applicable laws, this License Agreement and principles of morality and good faith;
8.2.2 Not to breach the tangible and intangible rights of third parties, including intellectual property rights on any of the components or elements included in the HiPixen Products;
8.2.3 Not to carry out and not to seek to obtain the non-authorised use of the HiPixen Products.
The term of this License Agreement starts from the date it is entered into and remains in force for any future use of the Content, which is paid and/or downloaded by the End-User.
- Termination and Withdrawal.
In the event of termination of, or withdrawal from, this License Agreement, the End-User must immediately cease use of the HiPixen Products and undertakes to cancel all the copies made of HiPixen products.
- Intellectual property rights.
11.1 The HiPixen Contents are protected by the laws on intellectual and/or industrial property rights.
11.2 With the exception of what is expressly provided for in this License Agreement, HiPixen does not grant to the End-User any intellectual and/or industrial property rights on the HiPixen Content or on any product included in the HiPixen Content. HiPixen reserves all rights that are not expressly assigned to others.
11.3 The law protects not only the original product published on HiPixen’s website, but also the product modified or transformed by the End-User and any other work deriving from the HiPixen Content. The End-User is therefore prohibited from revising and/or modifying any product included in the HiPixen Content and, in any case, from developing derived works without HiPixen’s express written consent.
The End-User is not the owner of the modified or transformed Content, which remains the property of HiPixen.
11.4 The End-User undertakes not to use the Contents acquired from HiPixen to: (1) create documents, images, files or anything else which could cause damage, in any way, to minors; (2) create documents, images, files or anything else which is illegal, damaging, threatening, abusive, intimidating, defamatory and/or slanderous, vulgar, obscene, harmful to the privacy of others, racist, classist or, in any case, reprehensive; (4) create documents, images, files or anything else which implies the breach of patents, trademarks, secrets, copyright or other intellectual and/or industrial property rights of third parties; (3) create documents, images, files or anything else for which their transmission or dissemination is prohibited by virtue of a legal or contractual provision or by effect of a relationship of trust; (5) create documents, images, files or anything else in breach of any law or regulation in force.
The End-User is solely liable for any breach of the rights of third parties.
- Guaranties and Liability. Limitation of Liability.
12.1 HiPixen is not liable for illicit or illegal use of the Content on the part of the Customer.
12.2 The User expressly acknowledges and accepts that:
- The Content(s) is/are provided “as it is/as they are”. HiPixen does not provide any guarantee, including (merely by way of example and not in exhaustive terms) any guarantee regarding the quality, performance, use and compatibility of the product for a specific use.
- HiPixen is not liable for any breaches regarding intellectual property rights or copyright committed by the End-user. The End-User is exclusively liable for the existence of rights, consent or authorisations necessary for use of the Content.
- HiPixen does not guarantee that (i) the products meet the End-User’s expectations, (ii) any defects in the programmes used will be corrected, (iii) use of the site will be free of errors or uninterrupted: specifically, HiPixen reserves the right, at any time and without notice, to modify, or temporarily or permanently interrupt use of the site. HiPixen is not liable with respect to the End-User or to third parties for any modification, suspension or interruption of the site.
- HiPixen is not liable for any (direct or indirect) damages, including losses of profit, clientele, data or any other loss of tangible or intangible assets, suffered by the End-User or by third parties and deriving (i) from the use or impossibility of use of the site and/or Content, (ii) from the purchase of products or a transaction carried out during use of the site, (iii) further to non-authorised access to the site on the part of an End-User and, (iv) more in general, from any other situation with relation to the site and/or the HiPixen Content(s), and that is, also in the event that HiPixen has been informed of the possibility of such damages.
- Use of the site is at the End-User’s risk and danger. The End-User is therefore solely liable for any damage suffered by their computer or for any loss of data resulting from use of the site.
- No information obtained from HiPixen during use of the site may give rise to guarantees not expressly provided for.
12.3 Without prejudice to the above, in no event may HiPixen be required to reimburse or compensate an amount greater than that received by way of consideration from the End-User for the product supplied.
12.4 The End-User undertakes to guarantee and hold HiPixen harmless against any damage, claim or request coming from third parties deriving from (i) the sending, dissemination, use or transmission of any Content, (ii) breach of the Conditions of Use, or (iii) breach of others’ rights.
12.5 The Site may contain links to the websites of third parties. In order to be able to use third parties’ programmes and/or web services the End-User must accept the conditions of use imposed by the supplier(s) of such programmes and/or web services, which will regulate only the dealings between the End-User and the supplier(s) in question.
In downloading the programmes of third parties or using the web services of third parties, the End-user acknowledges and accepts that HiPixen is not liable for the content of such websites. Nor does HiPixen give any guarantee regarding the availability, quality of the goods and services supplied, or the fulfilment of all the obligations assumed by the supplier(s) of such programmes and/or web services.
In no event, therefore, may HiPixen be held liable for any claim of any nature, direct or indirect, deriving from or in relation to such third party programmes and/or web services.
- Disabling of the account.
13.1 HiPixen has the right to interrupt or to eliminate the End-User’s Account, for any reason, in particular in case of (1) HiPixen deems that the End-User has breached the Conditions of Use and (2) in the event of conduct considered by HiPixen as damaging for its activity or that of others. The above is without prejudice, in any case, to the right to compensation for damage.
13.2 Any interruption or elimination of the Account may occur at the unquestionable discretion of HiPixen and without notice. HiPixen is not liable for the interruption or elimination of the Account. HiPixen is not obliged to any reimbursement of the End-User in case of interruption or elimination.
- Modification and/or integration of the Conditions of Use.
14.1 These Conditions of Use may be modified and/or integrated unilaterally by HiPixen at any time and without notice. Modifications and integrations are valid and effective from the date of publication on the site and apply to subsequent sales.
14.2 The pages of the site that complete the Conditions of Use form an integral part of the Conditions of Use.
Any communication between the parties must be made by electronic mail
Without prejudice to what is provided for in article 14, HiPixen may communicate modifications and/or integrations to these Conditions of Use also through the insertion of announcements for userson the web site.
- Court of jurisdiction.
For any dispute relating to, deriving from or, in any case, connected with, these Conditions of Use or use of the site, the Court of Treviso shall have jurisdiction except where otherwise required by law.
- Final provisions.
- The Conditions of Use are the only agreement between HiPixen and the End-User with regards to use of the site and the purchase of the products and/or the Contents.
The End-User must also comply with any Conditions of Use which are supplementary or associated with the contents of third parties or relating to rules for the use of the software of third parties.
12.2.1 This License Agreement is regulated and interpreted according to Italian law. For any matters not expressly provided for, Italian law shall be applied.
12.2.2 The failed application of any provision of this License Agreement on the part of HiPixen cannot be taken as implicit waiver of any provision and/or right.
12.2.3 This Agreement is personal and not transferable by the End-User. HiPixen may transfer this Agreement without the End-User’s consent
12.2.4 If a number of the clauses of this Agreement are invalid or inapplicable, the Agreement shall remain valid for the remaining part, and the invalid or inapplicable clauses shall be replaced by the parties, either with legal provisions or according to normal practice.
12.2.5 The User expressly acknowledges to have read, examined and understood any other agreements and/or regulation published on the site or in any case referred to by these Conditions.
The End-User confirms to have read and understood this Agreement.
In consideration of HiPixen’s acceptance to provide the Content, the End-User accepts to be bound by the terms and conditions of this Agreement.
In addition, the End-User acknowledges that this Agreement is the complete and exclusive version of the Agreement entered into with HiPixen, which replaces any previous proposal or agreement and any other communication between the End-user and HiPixen relating to the subject matter of this Agreement.
In the event that the End-User breaches the Conditions of Use entered into with HiPixen, the latter shall have the right to disable your account without notice, without prejudice to the right to compensation for damages. In this case, HiPixen shall have no obligation to reimburse any costs incurred by the End-User.
The End-User undertakes to contact HiPixen in the event there are any doubts regarding the legitimacy of use of the HiPixen content.