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MoCap Central EULA

Updated January 18, 2023

This Mocap Central Content End User License Agreement (“Agreement or EULA”) is made between you (either an individual or an entity, referred to herein as “you”) and Mocap Central LLC. (“Mocap Central”) and governs your use of the Content (as defined below).

By creating a member account or purchasing content from Mocap Central you acknowledge that you have read these terms and conditions, understand them, and agree to be bound by them. if you do not agree with or understand these terms and conditions you should not use the Mocap Central member services or purchase content from Mocap Central.

Refund Policy

Mocap Central provides a real-time online preview service. Kindly browse the content thoroughly, before making any purchase. All purchases made in Mocap Central are non-refundable.

Definitions

  1. Content – Refers to digital assets published at https://mocapcentral.com (“The Site”), including but not limited to 3D models, textures, materials, motions, VH, FBX, OBJ, images, image sprites, and all other industrial standard formats and Mocap Central and any 3rd parties’ proprietary formats.
  2. Member – Refers to any person who creates a member account at Mocap Central and/or any person or business entity who purchases Contents at Mocap Central.
  3. Vendor – Refers to anyone, including Mocap Central and Content Developer, who publishes Contents at Mocap Central.
  4. Developer – refers to Mocap Central Member who registers as a Content Developer and plans to publish and distribute its creative contents at Mocap Central’s Stores.
  5. Royalty Free – Refers to a one-time payment and there are no future payments, royalties, fees, costs or expenses that are required or imposed upon you for the use of the Content.
  6. Editorial Use Only Contents – Refers to those Contents which may contain logos, business names or recognizable people without model releases. Editorial Use Only Contents will be marked at Mocap Central Stores and you may only use them for editorial use, such as news reports, articles, blogs or website posts, non-commercial multimedia presentations, theses, textbooks or documentaries.

License

The Vendor grants to you a Royalty-Free, non-exclusive, worldwide, limited commercial license to use the Content in accordance with terms of the applicable license. The Vendor retains all copyright, title and interest to the Content and associated files. The licenses granted herein may be divided into two classifications, each of which contains different authorizations and restrictions. Members may decide which license to purchase according to their own needs.

Standard License

License Granted.

  1. You may use the Content to copy, adapt, or generate your creations, and provide, sell, and redistribute your creations with full ownership and use-rights in Image or Video file formats (“Imagery Use”) in accordance with the output guidelines in this Agreement. The Imagery Use includes to use the Content in news, film, movies, television programs, video projects, multimedia projects, theatrical display, software user interfaces, architectural renderings, games, virtual worlds, advertising, and publication.
  2.  You may use the Content to copy, adapt, or generate your creations, and provide, sell, and redistribute your creations with full ownership and use-rights in games, AR/VR projects and interactive services.
  3.  Physical Form. The Imagery Use includes 2D and 3D print in physical form, such as packaging materials (e.g., boxes, stickers, and so on), books, caps, t-shirts, 3D-print and etc. The 2D-printed physical products are permitted for commercial purposes. Any three-dimensional art derived from the Content is permitted only for personal use.
  4. Made for Client. You may use the Content in a project which is created for your client, and your client may use the project legally for Imagery Use and in Physical Form.

Restrictions.

  1.  Competition. You may NOT use the Content or Derivative Content in a way that competes with Mocap Central, including distributing through image library, stock video, 3D Model online market or any similar service.
  2.  Redistribution. You may NOT import, upload, reproduce, make available, publish, transmit, distribute, or sublicense the Content to any third party.
  3.  You may NOT use the Content in the following situations or applications:
    1. In-app content purchase
    2. In-app character generation
    3. Character generation API licensing
    4. As embedded content in the AP or online service
    5. AI training/ deep learning
    6. 3D Print for sale or for massive redistribution; or create a mold for mass production

Editorial Use Only

If the Content you have purchased includes any Editorial Use Only Content, you may only use it in an editorial manner. The Editorial Use restricts in the following ways:

  1. Editorial Use Only Content may not be used on any item/product for resale.
  2. Editorial Use Only Content may not be used as part of billboards, trade shows, or exhibit displays.
  3. Editorial Use Only Content may not be incorporated into a logo, trademark, or service mark.
  4. Editorial Use Only Content may not be used for any commercial purpose.

Member’s Obligations

  1. Member shall not use the Content in any ways that may violate any law, statute, ordinance or regulations.
  2. Member shall represent and warrant that its creation does not infringe, misappropriate or violate any rights of any third party, including, but not limited to, any trademark, copyright, patent, trade secret, right of privacy or publicity.
  3. Member shall take all reasonable and industry-standard measures to incorporate 3D Models within your creations to prevent other parties from gaining access to such 3D Models. Member shall make sure that the 3D Models must be contained in proprietary formats so that they cannot be opened or imported into a publicly available software application.
  4. For all Contents that are delivered to Member in electronic form, Member shall retain the copyright symbol, the name of Vendor, and any other information as may be embedded in the electronic file containing the original Contents. Member shall NOT misrepresent itself as the creator of the Contents or Derivative Contents.
  5. Member acknowledges and agrees that any and all default contents in the Mocap Central Software and the Contents are the properties of and proprietary to Mocap Central or its licensor, and cannot be published in any third-party marketplace. Member can only publish and sell its Derivative Contents in Mocap Central Stores.

 Liability

  1. Any violation of the terms and conditions specified in this EULA or the unauthorized sale, duplication, sub-licensing, or publishing of any Contents or Derivative Contents constitutes copyright infringement and entitles Mocap Central or its licensor to exercise all rights and remedies available to it under copyright laws around the world. The defaulting Member shall be responsible for any damages resulting from any such copyright infringement or violations, including any claims by a third party.
  2. Member acknowledges and agrees that neither Vendor nor its board members, officers, employees or agents, will be liable for any loss or damage arising out of or resulting from their provision of the Contents or Derivative Contents under this Agreement. Member agrees to release Vendor to the extent from any such liability, loss, damage or claim, however caused (including through negligence) which may be directly or indirectly suffered in connection with any use of the Contents or Derivative Contents.

 Limited Warranty and Disclaimer

  1. Mocap Central has made efforts to ensure the Contents are free from defects and usable in the supported software applications or platforms we listed in “The Site”; however, due to the instability and inconsistency of software, hardware and operating systems, it is not possible for Mocap Central to provide any warranty or guarantee pertaining to the performance of the Contents. Purchase
  2. The Contents or Derivative Contents are provided by Vendor on an ‘AS IS’ basis. Vendor makes no representations, warranties, conditions, or guarantees as to the usefulness, quality, suitability, truth, or fitness for a particular purpose. Member acknowledges that it is the responsibility of Member to ensure that the Contents or Derivative Contents meet its own individual requirements.
  3. TO THE EXTENT PERMITTED BY LAW, NO EXPRESS OR IMPLIED WARRANTY, TERM, CONDITION OR UNDERTAKING WITH RESPECT TO THE CONTENTS OR DERIVATIVE CONTENTS IS GIVEN OR ASSUMED BY VENDOR, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR ANY FITNESS FOR A SPECIFIC PURPOSE. VENDOR SHALL NOT BE LIABLE TO MEMBER OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, DIRECT OR INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHER SIMILAR DAMAGES (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS OR OTHER ECONOMIC ADVANTAGE), COSTS OR LOSSES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

 Terms and Termination

  1. Your right and license to the Contents are contingent on your purchase of such Contents. Any payment reversal of a purchase for any reason immediately terminates all rights granted under this Agreement.
  2. Except as otherwise specified in this Agreement, either Mocap Central or Member shall have the right to terminate this Agreement, if the other party is in breach of this Agreement and fails to cure such breach within ten (10) days after written notice of the breach.
  3.  Upon termination, Member shall immediately:
    1. stop using the Contents or Derivative Contents; and
    2. delete or destroy the Contents or Derivative Contents.

Governing Law

  1. The laws of the state of Utah govern this EULA, except that federal and international law governs copyrights, patents, and registered trademarks. Should any court having appropriate jurisdiction find any provision of this EULA invalid, that particular provision will be deemed null and void and will not affect the validity of any other provision of this EULA.

Contact Information

  1. If you have questions concerning this EULA or need to contact Customer Service, please contact Mocap Central at the e-mail address below:
    1.  Customer Service (purchase): [email protected]
    2.  Licensing Requiring: [email protected]

COPYRIGHT

Copyright © 2023 Mocap Central LLC. All Rights Reserved.