End User License Agreement (EULA)
This End-User License Agreement (“EULA”) is a legal agreement between you (“User”) and Fabelar, VAT number 01267260329 (“Fabelar”) for the use of 3D models and related documentation (collectively, the “Models”).
BY USING THE MODELS, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT USE THE MODELS.
1. License Grant
Subject to your compliance with the terms and conditions of this EULA, Fabelar hereby grants you a non-exclusive, non-transferable, revocable license to use the Models for personal or commercial purposes as defined in this agreement. This license does not grant ownership of the Models, and all rights not expressly granted are reserved by Fabelar.
2. Ownership and Restrictions
Fabelar retains all rights, title, and interest in and to the Models, including any updates or modifications. You may not:
- Modify, distribute, sell, rent, lease, loan, sublicense, or create derivative works based on the Models, except as expressly authorized in writing by Fabelar.
- Redistribute the Models in any way, including posting them on other websites, file-sharing platforms, or other online marketplaces.
- Reverse engineer, decompile, or disassemble the Models.
The user is responsible for ensuring that the use of the Models complies with all applicable copyright and intellectual property laws.
3. Commercial Use
Commercial use of the Models is allowed for creating visualizations, animations, and interactive projects for clients. However, you may not resell or redistribute the Models themselves in their original or modified form. You may include the Models as part of a larger work, such as a game or animation, provided the Models are not the primary selling point.
4. Disclaimer of Outsourced Models
Fabelar is not responsible for any Models created through third-party outsourcing services. Any third-party modeler providing Models to Fabelar is responsible for ensuring the originality of their work. Fabelar shall not be held liable for any copyright infringement or reverse engineering performed by third-party modelers.
5. Termination
This EULA is effective until terminated. Fabelar may terminate this EULA at any time if you fail to comply with any term or condition of this agreement. Upon termination, you must immediately cease all use of the Models and destroy all copies in your possession.
6. Disclaimer of Warranties
THE MODELS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FABELAR MAKES NO GUARANTEES REGARDING THE QUALITY OR PERFORMANCE OF THE MODELS.
7. Limitation of Liability
IN NO EVENT SHALL FABELAR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE MODELS, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, EVEN IF FABELAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Indemnification
You agree to indemnify, defend, and hold harmless Fabelar from any claims, liabilities, damages, or legal costs arising from your use of the Models in violation of this EULA or applicable laws. This includes any third-party claims related to your commercial use of the Models.
9. Applicable Law and Jurisdiction
This EULA shall be governed by and construed in accordance with the laws of Italy, without regard to its conflicts of law principles. The parties agree that any legal action or proceeding arising out of or in connection with this EULA shall be brought exclusively in the courts of Trieste, Italy.
10. Entire Agreement
This EULA constitutes the entire agreement between the parties regarding the Models and supersedes all prior or contemporaneous agreements, whether written or oral. Any changes to this EULA must be in writing and signed by both parties.
By using the Models, you acknowledge that you have read this EULA, understand it, and agree to be bound by its terms. If you have any questions or concerns about this EULA, please contact us at [email di contatto].