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License Agreement

License Agreement  
With the download of digital media files, you (the buyer) recognize the validity of this agreement.
If a buyer enters this agreement in the name/in place of the employer then the coverage of this agreement will extend to both the employee and the employer. If the employment is terminated then the employer can continue to use the product with all the inherent rights and obligations laid out in this agreement.

1.Definitions. Digital Media Files (DMF) are any textures, 3D-models, images, animations, movie-clips, videos, programs, audio-files or other audio/visual digital representations recorded in any format which a buyer properly purchases from Digital Furniture, or which a user obtains, directly or indirectly, from Digital Furniture.

2.Granting of the License. With the proper purchase and use of the DMF the buyer obtains a non-exclusive license to use and modify the DMF according to the conditions laid out in the following paragraphs.

3.License. The DMF can be used license-free (without additional fees), and -except for below mentioned exceptions- without limitations in: animations, renderings, film/video, TV, multimedia, advertising, live-performances, presentations, product- or print jobs. The usage limitations are the following:
No DMF may be
(a) separately published, marketed, distributed, transferred, sold or sublicensed in full or in excerpts (any part thereof).
(b) published, marketed, distributed, transferred, sold or sublicensed as part of a rendering, animation, software application, data or any other product from which any original DMF, or any part thereof, or any substantially similar version of the original DMF can be separately exported, extracted, or decompiled into any redistributable form or format.
(c) published, marketed, distributed, transferred, sold or sublicensed as "clip art" or the like, including but not limited to animations or still images that are sublicensed or otherwise distributed by a stock photography or stock animation agency, or in any other manner in which the primary source of value derived from publishing, marketing, distributing, transferring, selling or sublicensing the image (or Digital Media File) is that it is accessible in a manner similar to "clip art."

4.Special Limitations. The DMF may not under any circumstances be used in or in conjunction with pornographic, defamatory, obscene, fraudulent, libelous, infringing, immoral, or illegal material.
The buyer and/or user have the sole & full responsibility for all legal consequences of any such use.

5.Custom License. Please note that special licensing is available from Digital Furniture in order to obtain additional rights (beyond the rights outlined above). Send us your enquiry by clicking on the “Contact Us" link on the side menu

6.Single-user License. The DMF may only be modified or used in unmodified form, on one computer at any one time. You may not rent, lease, lend, sell or sublicense the DMF to another person, company or other entity. Anything you produce using the DMF must be for your own use, or for the use of your employer, client or customer, who must be the end-user of your work.

7.Liability. Digital Furniture is not liable for specific, direct, indirect, consequential, punitive (fines/penalties), or incidental damages, (incl. but not limited to damages through the loss of profit, business interruption, loss of business data, or any other monetary loss) which result from the successful or failed use of the DMF.
Licensor’s entire liability and the buyer’s exclusive remedy shall be no more than the amount paid for the particular DMF.

8.Breach of Contract. The buyer/user agrees to indemnify, defend and hold Digital Furniture our affiliates, business partners, officers, directors, employees and agents harmless from any loss, damages, claim or liability of any kind arising from 1) the use of the DMF in any form, 2) any breach of the terms and conditions of this agreement, or 3) the buyer’s/user’s negligent act, omission or willful misconduct.
All license rights granted pursuant to this agreement shall automatically terminate upon the breach of this agreement.

9.Warranty. Digital Furniture warrants DMF to be free from defects in material and workmanship for 60 days from download. Your sole and exclusive remedy for a breach of this warranty is the replacement of The DMF or applicable media. All the sales are final, no refund possible.

10.Copyright. All DMF are copyright Digital Furniture or its licensors and are protected by Spanish copyright laws, international treaty provisions and other applicable laws.
No title or intellectual property right in the DMF is transferred to the buyer. Digital Furniture retains all rights not expressedly granted to the buyer by this license agreement.

11.Amendments.Digital Furniture reserves the right to amend or change this agreement at any time.

12.EnforceabilityIf any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms.

13.VenueThis Agreement will be governed by the laws in force in Canary Islands, Spain. The buyer will bring any legal action to court in Canary Islands, Spain.
Digital Furniture makes no other warranties or representations with regard to the digital media file(s) and any implied warranties of merchantability, fitness for a particular purpose, title or noninfringement are hereby disclaimed.

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