End User License Agreement
STANDARD LICENCE / PROFESSIONAL LICENCE
STANDARD LICENCE
§ 1 GLOSSARY OF TERMS
- Evermotion/Licensor – Evermotion a civil partnership with its registered office in Białystok, ul. Przędzalniana 8, 15-688 Białystok (Poland) NIP 542-29-10-299, which pursuant to this Standard Licence Agreement grants to the Licensee the right to use the Evermotion Products.
- Consumer – a natural person who purchases a Licence for Evermotion Products for purposes not directly related to their business, professional or economic activity.
- Entrepreneur – a natural person, legal person or organisational entity without legal personality, conducting business activity in its own name, within the meaning of applicable Polish law.
- Small Entrepreneur – an Entrepreneur whose annual revenue does not exceed the revenue threshold defined in the Evermotion Regulations and who purchases a Licence for Evermotion Products for purposes directly connected with their business activity.
- Agreement – this standard licence agreement for Evermotion Products regulating the rights and obligations of the Licensee and Evermotion, constituting the basis for granting a Licence for Evermotion Products and not their sale (Standard Licence).
- Basket – Evermotion Products chosen by the potential Licensee, for which the Licensee considers acquiring a licence after clicking the relevant key added to the Basket. The Potential Licensee has the possibility of converting the data from the Basket into the content of the order. The User prior to the sales transaction has the possibility of removing the Evermotion Products from the Basket at any time.
- Evermotion Products - digital files, which include:
- Collections of 2D files – digital files in 2D format,
- Collections of 3D files – digital files in 3D format,
- Archmodels - collection of files which consists of editable 3D models designated for use in scenes, for example, trees, furniture, toys, household appliances,
- Archinteriors – editable scenes of the interior built from blocks of 3D models, for example, the interior of the shops, lofts, apartments, factory floors, kitchen layouts,
- Archexteriors – editable scenes of the open space built from blocks of 3D models, for example, parks, streets, buildings,
- HD models – collection of files of 3D models of high resolution, the so-called “high definition”, with a higher density of HD grid,
- 3DPeople – collection of 3D models representing people used in the scenes,
- textures – image files which are used for editing and giving the external appearance to 3D model,
- HDRI – image files recorded in 2D format,
- landscapes – a collection of photos used for the creation of the background in the graphic projects,
- Archshaders - files of defined texture, imitating the given plastic material, allowing to give the external appearance to 3D block,
- tutorials – computer presentation appearing in the form of a video file, or in the form of text enriched with image files and video files, illustrating 2D and 3D files, enabling the “step by step” approach to learning to perform a given activity,
- renders – non-editable files from the scenes with the models, appearing in the form of image files,
- videos – video files, presenting files of both 2D and 3D models,
- Archmaterials – a collection of textures and material files in various formats.
- Evermotion Store – separate space of Evermotion Portal from which the Licensee may purchase the licence of the Evermotion Products,
- Free samples – are used for familiarisation with Evermotion Products, verifying their quality and their functioning in the software of the Potential Licensee for the period indicated after the installation of a given Evermotion Product on the computer,
- Licence for Evermotion Products - a personal, non-exclusive, non-transferable right to use Evermotion Products under this Agreement (Standard Licence).
- Licensee – Consumer or Small Entrepreneur purchasing a licence for Evermotion Products under this Standard Licence Agreement.
- Registered User - Licensee which has an Account on Evermotion Portal,
- Software – computer programs and other software, including software implementations of algorithms, models, computational structures and methodologies, whether in source code, object code or other form, and data files, tools, user interfaces, manuals and other specifications and documentations related to any of the foregoing.
- Unregistered User – Licensee which does not have an Account on Evermotion Portal.
§ 2 SUBJECT OF THE AGREEMENT
- This Agreement does not convey to Licensee any intellectual property rights or copyrights.
- The Agreement is concluded by an order made on the website of the Evermotion Store. Conclusion of the agreement and its provisions are confirmed by the Licensee immediately.
- The subject of this Agreement is granting to the Licensee the right to use the Evermotion Products for their own use, worldwide, excluding any resale, sharing, sublicensing, distribution or reproduction. The Licence may be used for personal, non-commercial purposes by Consumers and for business-related purposes by Small Entrepreneurs, subject to the limitations set out in this Agreement.
- This Agreement constitutes the basis for granting the Licence for the Evermotion Products and not for the sale of the Evermotion Product as such.
- The Licensee is granted a personal, revocable, non-exclusive and non-transferable Licence for selected Evermotion Products, subject for the terms and conditions of this Agreement.
- The subject of this Agreement does not cover the so-called free samples available from Evermotion Portal.
- The Licence is granted for an indefinite period of time, subject to termination in accordance with this Agreement.
- These licence terms entitle Licensee to use the Evermotion Products for the following fields of exploitation:
- to enter data into the computer and reproduce the Evermotion Products,
- to adapt the Evermotion Products to hardware and system configuration used by the Licensee,
- to process, edit and use the Evermotion Products in their studies and works, in particular:
- to create static and moving images (renders)
- to create computer games and software
- to perform 3D printing.
- This Agreement becomes effective after the acceptance of its terms by the Licensee and remains in effect by the time it is terminated upon the terms and conditions set out in the Agreement.
- The rights under this Licence are vested exclusively to the Licensee. The Licensee shall not sublease or transfer the rights under this Licence to any other entity whether for remuneration or not.
- Pursuant to the Agreement in relations between the Licensee and Evermotion all the rights to the Evermotion Products are and shall remain the property of Evermotion. Under the Agreement the Licensee does not acquire any intellectual property rights, or other property rights, including patents, designs, trademarks, copyrights, rights to the databases, or rights to any confidential information, or the trade secrets. The Licensee also does not acquire any licence rights to the Evermotion Products, except for the rights which have been explicitly granted to the Licensee on the basis of this Agreement, or on the basis of other written arrangements between the Licensee and Evermotion.
§ 3 GENERAL OBLIGATIONS AND RESTRICTIONS
- The Licensee shall not resell, give, share (whether for remuneration or not), sublicence, distribute or otherwise make available Evermotion Products or any part thereof.
- Evermotion Products may not be used in any generative artificial intelligence system or machine learning system or model (including but not limited to diffusion models, LLMs with visual capabilities, or 3D asset generators), whether as input data, prompt augmentation, training material, fine-tuning datasets, or for embedding into any form of generative engine. Any use of Evermotion Products for AI/ML purposes is excluded under this Standard Licence and may only be permitted under a separate, individually negotiated B2B licence concluded directly with Evermotion.
- Evermotion Products may not be tokenized, sold, transferred or otherwise used in connection with any blockchain-based platform, including but not limited to NFTs (Non-Fungible Tokens), without the prior written permission of Evermotion.
- The Licensee is not permitted to include Evermotion Products, in whole or in part, in any open-source or royalty-free asset libraries, repositories, or public datasets, whether hosted on platforms or other services, including internal repositories accessible to third parties.
- The Licensee does not have the right to resell 3D models, textures or scenes with texture files created with Archmaterials collections.
- The Licensee may modify Evermotion Products solely to the extent necessary for permitted use. Any modified Evermotion Products remain subject to this Agreement and may not be resold, distributed, sublicenced or otherwise made available without Licensor’s prior written consent.
- The Licensee shall not place Evermotion Products, or files containing separable Evermotion Products, on websites, servers or other data carriers from which third parties may distribute or otherwise make them available.
- Evermotion Products shall not be used in designs which contain pornographic, or vulgar content, inciting racial, religious or ethnic hatred, or content propagating violence, or the totalitarian political system, or which is produced in violation of the law. The above provision does not refer to games.
- Evermotion Products may be used only in a manner that does not allow extraction, separation or reuse of Evermotion Products or their components as standalone assets.
§ 4 OBLIGATIONS OF EVERMOTION
- The Licence is granted provided that all licence fees due under this Agreement have been duly paid by the Licensee.
- Following receipt of payment, Evermotion shall make the Evermotion Products available to the Licensee without undue delay, and in any event no later than three (3) days from recording the payment.
- If payment is not made within the specified period, the Agreement shall be deemed not concluded.
§ 5 PRICES AND PAYMENT OPTIONS
- The Licensee undertakes to pay remuneration for obtaining the Licence for a given Evermotion Product in accordance with the price displayed in the Evermotion Store next to the given Evermotion Product.
- The Licensee shall pay the required remuneration to the indicated bank account within 7 days from the day of purchasing the Licence. In case of not paying the required remuneration within the indicated period of time, the Agreement shall be deemed not concluded.
- Only Registered Users may purchase Evermotion Products from the Evermotion Store.
- The prices in Evermotion Store are quoted in Euro currency (EUR).
- There are 2 methods of payment available in Evermotion Store: via PayPal and by bank card (VISA or MasterCard).
- The Evermotion Products are made available only after crediting the transferred amount to the Evermotion account. The Product is made available automatically after making the payment by the User, but not later than within maximum 3 days from the day of recording the payment of the given remuneration for the purchase of the Licence.
- The prices quoted in Evermotion Store do not include taxes. The tax shall be automatically added to the orders as per the provisions of § 3 of the Regulations.
- Due to the fact that the Evermotion Products are digital files, once downloaded, they cannot be returned.
§ 6 SUPPLY OF EVERMOTION PRODUCTS
- The purchased Evermotion Products are available for download.
- The downloading of Evermotion Products available for download is made via Customer Zone portal.
- After making the purchase of the Evermotion Products, the Registered Users use their own password and login to download the purchased Evermotion Products.
- Each Evermotion Product made available on Customer Zone portal may be downloaded 100 times. In case of inability to download within 100 times the User shall contact Evermotion.
§ 7 BREACH OF THE PROVISIONS OF THE AGREEMENT
- If the Licensee breaches the Agreement, Evermotion in addition to use of all other rights and remedies under this Agreement and applicable law, may terminate this Agreement immediately and any other licence agreement between the Licensee and Evermotion without notice period. Termination becomes effective upon written notice of termination. Regardless, the Licensor may enforce its rights related to copyright infringement.
- Evermotion notifies the Licensee about the breach of the terms and conditions of the Agreement committed by the Licensee by electronic mail to the e-mail address given by them. At the same time Evermotion calls the Licensee to immediately refrain from further breach of the Agreement.
- If the Licensee fails to cease the breach within the specified period, Evermotion may terminate the Agreement with immediate effect and block the Licensee’s Account.
- Upon termination of the Agreement, the Licensee shall immediately delete and destroy all copies of the Evermotion Products in its possession or control.
§ 8 FINAL PROVISIONS
- The Licensee, before using the Evermotion Products gives consent to the collection, use and processing of the applicable personal data by Evermotion.
- The Licensee does not have the right to assign this Agreement.
- All notifications, or other information passed under this Agreement shall be regarded as effectively served and passed if they are made on the email address [email protected] or in writing and served in person, or sent by the prepaid registered mail, or by courier mail, except if otherwise indicated in the Agreement.
- This Agreement is governed by the Polish law and shall be interpreted in accordance with this law.
- The place of the performance of this Agreement is the place of registered office of Licensor.
- Any disputes arising out of or in connection with this Agreement shall be settled by the court competent for the registered office of Evermotion.
ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE AGREEMENT
The Licensee undertakes to adhere to the terms and conditions of this Agreement and the provisions of the Regulations by expressing their acceptance through clicking the relevant key below, or through downloading, installation, starting, or use of the Evermotion Product.
NO ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE AGREEMENT
If prior to the downloading, installation, starting, or use of the Evermotion Products, the Licensee does not accept the terms and conditions of this Agreement and/or the provisions of the Regulations, it shall not have the right to use Evermotion Products and shall delete, deactivate, or return the Evermotion Product immediately.
PROFESSIONAL LICENCE
§ 1 GLOSSARY OF TERMS
- Evermotion/Licensor – Evermotion a civil partnership with its registered office in Białystok, ul. Przędzalniana 8, 15-688 Białystok (Poland) NIP 542-29-10-299, which pursuant to this Agreement grants to the Licensee the right to use the Evermotion Products.
- Entrepreneur – a natural person, legal person or an organizational entity without legal personality, conducting business activity in its/his/her own name, within the meaning of applicable Polish law.
- Agreement – this licence agreement for Evermotion Products regulating the rights and obligations of the Licensee and Evermotion, constituting the basis for granting a Licence for Evermotion Products and not their sale,
- AI/ML Models– any Software, algorithm or model (including but not limited to any large language model) that uses or is used for deep learning, automated decision-making, predictive modeling, natural language processing, statistical learning, computer vision, or other forms of artificial intelligence or machine learning.
- Basket – Evermotion Products chosen by the potential Licensee, for which the Licensee considers acquiring a licence after clicking the relevant key added to the Basket. The Potential Licensee has the possibility of converting the data from the Basket into the content of the order. The User prior to the sales transaction has the possibility of removing the Evermotion Products from the Basket at any time.
- Commercial Use – any use of Evermotion Products, Trained Models or Outputs that is directly or indirectly intended for financial gain or commercial advantage.
- Evermotion Products - digital files, which include:
- Collections of 2D files – digital files in 2D format,
- Collections of 3D files – digital files in 3D format,
- Archmodels - collection of files which consists of editable 3D models designated for use in scenes, for example, trees, furniture, toys, household appliances,
- Archinteriors – editable scenes of the interior built from blocks of 3D models, for example, the interior of the shops, lofts, apartments, factory floors, kitchen layouts,
- Archexteriors – editable scenes of the open space built from blocks of 3D models, for example, parks, streets, buildings,
- HD models – collection of files of 3D models of high resolution, the so-called “high definition”, with a higher density of HD grid,
- 3DPeople – collection of 3D models representing people used in the scenes,
- textures – image files which are used for editing and giving the external appearance to 3D model,
- HDRI – image files recorded in 2D format,
- landscapes – a collection of photos used for the creation of the background in the graphic projects,
- Archshaders - files of defined texture, imitating the given plastic material, allowing to give the external appearance to 3D block,
- tutorials – computer presentation appearing in the form of a video file, or in the form of text enriched with image files and video files, illustrating 2D and 3D files, enabling the “step by step” approach to learning to perform a given activity,
- renders – non-editable files from the scenes with the models, appearing in the form of image files,
- videos – video files, presenting files of both 2D and 3D models,
- Archmaterials – a collection of textures and material files in various formats.
- Evermotion Store – separate space of Evermotion Portal from which the Licensee may purchase the licence of the Evermotion Products,
- Floating Licence – a type of Licence where the Evermotion Product may be installed on multiple workstations, provided that the number of workstations using the Product simultaneously does not exceed the number of purchased Seats.
- Free samples – are used for familiarisation with Evermotion Products, verifying their quality and their functioning in the software of the Potential Licensee for the period indicated after the installation of a given Evermotion Product on the computer,
- Licence for Evermotion Products - a personal, non-exclusive, non-transferable right to use Evermotion Products under this Agreement (Professional Licence)..
- Licensee – every entity being Entrepreneur purchasing a licence for Evermotion Products under this Professional Licence Agreement.
- Outputs – any results generated by an AI/ML Model.
- Professional Licence – a Licence for Evermotion Products mandatory for an Entrepreneur whose annual revenue exceeds 1 million EUR (calculated for the last 12 months at the time of purchase). This Licence entitles the Licensee to install and use Evermotion Products on such number of workstations as corresponds to the number of Licences purchased.
- Registered User - Licensee which has an Account on Evermotion Portal,
- Software – computer programs and other software, including software implementations of algorithms, models, computational structures and methodologies, whether in source code, object code or other form, and data files, tools, user interfaces, manuals and other specifications and documentations related to any of the foregoing.
- Trained Models – AI/ML Models that have been trained, fine-tuned or otherwise processed using Evermotion Products.
- Unregistered User – Licensee which does not have an Account on Evermotion Portal.
§ 2 SUBJECT OF THE AGREEMENT
- This Agreement does not convey to Licensee any intellectual property rights or copyrights.
- The Agreement is concluded by an order made on the website of the Evermotion Store. Conclusion of the agreement and its provisions are confirmed by the Licensee immediately.
- The subject of this Agreement is granting to the Licensee the right to use the Evermotion Products for Commercial Use, worldwide, excluding any resale, sharing, sublicensing, distribution or reproduction.
- This Agreement constitutes the basis for granting the Licence for the Evermotion Products and not for the sale of the Evermotion Product as such.
- The Licensee is granted a personal, revocable, non-exclusive and non-transferable Licence for selected Evermotion Products, subject for the terms and conditions of this Agreement.
- The subject of this Agreement does not cover the so-called free samples available from Evermotion Portal.
- The Licence is granted for an indefinite period of time, subject to termination in accordance with this Agreement.
- These licence terms entitle Licensee to use the Evermotion Products for the following fields of exploitation:
- to enter data into the computer and reproduce the Evermotion Products,
- to adapt the Evermotion Products to hardware and system configuration used by the Licensee,
- to process, edit and use the Evermotion Products in their studies and works, in particular:
- to create static and moving images (renders)
- to create computer games and software
- to perform 3D printing.
- This Agreement becomes effective after the acceptance of its terms by the Licensee and remains in effect by the time it is terminated upon the terms and conditions set out in the Agreement.
- The rights under this Licence are vested exclusively to the Licensee. The Licensee shall not sublease or transfer the rights under this Licence to any other entity whether for remuneration or not.
- Pursuant to the Agreement in relations between the Licensee and Evermotion all the rights to the Evermotion Products are and shall remain the property of Evermotion. Under the Agreement the Licensee does not acquire any intellectual property rights, or other property rights, including patents, designs, trademarks, copyrights, rights to the databases, or rights to any confidential information, or the trade secrets. The Licensee also does not acquire any licence rights to the Evermotion Products, except for the rights which have been explicitly granted to the Licensee on the basis of this Agreement, or on the basis of other written arrangements between the Licensee and Evermotion.
§ 3 AI/ML MODELS USE EXLUSION
- Under this Professional Licence, the Licensee is not permitted to use Evermotion Products, in whole or in part, for any artificial intelligence or machine learning purposes, including but not limited to (i) training, fine-tuning, validating, testing or evaluating AI/ML Models; (ii) using Evermotion Products as input data, prompt augmentation, training material or as part of any training dataset; (iii) embedding Evermotion Products into any generative engine or AI/ML pipeline; (iv)developing Trained Models or Outputs based on Evermotion Products for any purpose.
- Any use of Evermotion Products for AI/ML purposes is excluded from this Professional Licence and may only be permitted under a separate, individually negotiated B2B licence concluded directly with Evermotion.
§ 4 GENERAL OBLIGATIONS AND RESTRICTIONS
- The Licensee shall not resell, give, share (whether for remuneration or not), sublicence, distribute or otherwise make available Evermotion Products or any part thereof.
- The Licensee shall not use Evermotion Products for AI/ML purposes. Evermotion Products may not be used in any generative artificial intelligence system or model (including but not limited to diffusion models, LLMs with visual capabilities, or 3D asset generators), whether as input data, prompt augmentation, training material, fine-tuning datasets, or for embedding into any form of generative engine.
- The Licensee may extract, derive and process data from Evermotion Products or internal purposes of the Licensee and subject to the restrictions set out in this Agreement..
- Evermotion Products may not be tokenized, sold, transferred or otherwise used in connection with any blockchain-based platform, including but not limited to NFTs (Non-Fungible Tokens), without the prior written permission of Evermotion.
- The Licensee is not permitted to include Evermotion Products, in whole or in part, in any open-source or royalty-free asset libraries, repositories, or public datasets, whether hosted on platforms or other services, including internal repositories accessible to third parties.
- The Licensee does not have the right to resell 3D models, textures or scenes with texture files created with Archmaterials collections.
- The Licensee may modify Evermotion Products solely to the extent necessary for permitted use. Any modified Evermotion Products remain subject to this Agreement and may not be resold, distributed, sublicenced or otherwise made available without Licensor’s prior written consent.
- The Licensee shall not place Evermotion Products, or files containing separable Evermotion Products, on websites, servers or other data carriers from which third parties may distribute or otherwise make them available.
- Evermotion Products shall not be used in designs which contain pornographic, or vulgar content, inciting racial, religious or ethnic hatred, or content propagating violence, or the totalitarian political system, or which is produced in violation of the law. The above provision does not refer to games.
- Evermotion Products may be used only in a manner that does not allow extraction, separation or reuse of Evermotion Products or their components as standalone assets.
§ 5 OBLIGATIONS OF EVERMOTION
- The Licence is granted provided that all licence fees due under this Agreement have been duly paid by the Licensee.
- Following receipt of payment, Evermotion shall make the Evermotion Products available to the Licensee without undue delay, and in any event no later than three (3) days from recording the payment.
- If payment is not made within the specified period, the Agreement shall be deemed not concluded.
§ 6 PRICES AND PAYMENT OPTIONS
- The Licensee undertakes to pay remuneration for obtaining the Licence for a given Evermotion Product in accordance with the price displayed in the Evermotion Store next to the given Evermotion Product.
- The Licensee shall pay the required remuneration to the indicated bank account within 7 days from the day of purchasing the Licence. In case of not paying the required remuneration within the indicated period of time, the Agreement shall be deemed not concluded.
- Only Registered Users may purchase Evermotion Products from the Evermotion Store.
- The prices in Evermotion Store are quoted in Euro currency (EUR).
- There are 2 methods of payment available in Evermotion Store: via PayPal and by bank card (VISA or MasterCard).
- The Evermotion Products are made available only after crediting the transferred amount to the Evermotion account. The Product is made available automatically after making the payment by the User, but not later than within maximum 3 days from the day of recording the payment of the given remuneration for the purchase of the Licence.
- The prices quoted in Evermotion Store do not include taxes. The tax shall be automatically added to the orders as per the provisions of § 3 of the Regulations.
- Due to the fact that the Evermotion Products are digital files, once downloaded, they cannot be returned.
- The remuneration depends on the type of Licence selected (Standard or Professional). The Licensee is responsible for selecting the correct Licence type based on their annual revenue.
§ 7 SUPPLY OF EVERMOTION PRODUCTS
- The purchased Evermotion Products are available for download.
- The downloading of Evermotion Products available for download is made via Customer Zone portal.
- After making the purchase of the Evermotion Products, the Registered Users use their own password and login to download the purchased Evermotion Products.
- Each Evermotion Product made available on Customer Zone portal may be downloaded 100 times. In case of inability to download within 100 times the User shall contact Evermotion.
§ 8 BREACH OF THE PROVISIONS OF THE AGREEMENT
- If the Licensee breaches the Agreement, Evermotion in addition to use of all other rights and remedies under this Agreement and applicable law, may terminate this Agreement immediately and any other licence agreement between the Licensee and Evermotion without notice period, including any breach of § 3 (AI / ML Use) or § 4 (General Restrictions). Termination becomes effective upon written notice of termination. Regardless, the Licensor may enforce its rights related to copyright infringement.
- Evermotion notifies the Licensee about the breach of the terms and conditions of the Agreement committed by the Licensee by electronic mail to the e-mail address given by them. At the same time Evermotion calls the Licensee to immediately refrain from further breach of the Agreement.
- If the Licensee fails to cease the breach within the specified period, Evermotion may terminate the Agreement with immediate effect and block the Licensee’s Account.
- Upon termination of the Agreement, the Licensee shall immediately delete and destroy all copies of the Evermotion Products in its possession or control.
§ 9 FINAL PROVISIONS
- The Licensee, before using the Evermotion Products gives consent to the collection, use and processing of the applicable personal data by Evermotion.
- The Licensee does not have the right to assign this Agreement.
- All notifications, or other information passed under this Agreement shall be regarded as effectively served and passed if they are made on the email address [email protected] or in writing and served in person, or sent by the prepaid registered mail, or by courier mail, except if otherwise indicated in the Agreement.
- This Agreement is governed by the Polish law and shall be interpreted in accordance with this law.
- The place of the performance of this Agreement is the place of registered office of Licensor.
- Any disputes arising out of or in connection with this Agreement shall be settled by the court competent for the registered office of Evermotion.
ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE AGREEMENT
The Licensee undertakes to adhere to the terms and conditions of this Agreement and the provisions of the Regulations by expressing their acceptance through clicking the relevant key below, or through downloading, installation, starting, or use of the Evermotion Product.
NO ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE AGREEMENT
If prior to the downloading, installation, starting, or use of the Evermotion Products, the Licensee does not accept the terms and conditions of this Agreement and/or the provisions of the Regulations, it shall not have the right to use Evermotion Products and shall delete, deactivate, or return the Evermotion Product immediately.