Standard License Grant

for transmission of Content from Seller to Customer Agreement

____________________

A. Use of the site and electronic signature.

You agree to use this Site in a legal and ethical manner at all times. You agree not to use, copy, modify, distribute, republish, reverse engineer, display, decompile, mirror, translate, disassemble, or transmit any of the Product/Content (defined below) or other materials on this Site without our express written permission.

If you access or use this Site, you hereby accept all terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, do not access or use this Site.

DVO Marine Design and its owner Dominique Vaccaro have no full control over the quality or no control over the legality of any Product/Content on this Site or the accuracy of any related information. It is your full responsibility to ensure the quality and legality of any Product/Content and its use. You agree that we have no liability for any misrepresentation, incomplete statement or failure to disclose any Product/Content data, or for any claims arising from a transaction resulting from your use of the Site or a business transaction you enter into using the Site. DVO Marine Design’s sole obligation is to permit Customers to download Product/Content (as uploaded by Dominique Vaccaro or other 3D models builders) upon payment in full of any fee set by DVO Marine Design.

DVO Marine Design makes all commercially reasonable efforts to ensure that all material, information and data on this Site are accurate and reliable; however, accuracy cannot be guaranteed.

You agree to do business with the DVO Marine Design shop electronically. You (i) consent to the electronic communication and delivery of all documents related to this Site and its Product/Content, as defined below, (ii) agree that your agreement to this Agreement is a binding form of your electronic signature, (iii) represent that you have internet access and a valid e-mail address enabling you access to the DVO Marine Design shop and website and to receive communications and documents electronically, and (iv) represent that you have a printer or other device to print or save communications and documents, including this Agreement, and that you have printed or otherwise saved a copy of this Agreement for your records. This consent is effective until you withdraw it.

 

For any transmission of Content from a Seller to a Customer, whether the transmission was the result of a license or free download, the following terms apply:

1. Ownership.

Unless explicitly provided for in custom license terms set forth in the area provided by DVO Marine Design and which must be subject to acceptance by Customer before or at the point of sale, the Seller retains, subject to any license agreement between the Seller and DVO Marine Design, copyright in Content purchased or downloaded by any Customer via DVO Marine Design. In using the DVO Marine Design systems and Website, you agree that any additional EULA, license, custom license, or Seller requirements inserted into Seller products in any area outside that explicitly provided by DVO Marine Design are invalid, void ab initio, and without effect as they relate to those purchases.

2. Valid License.

Any license rights relating to Content For Sale via DVO Marine Design are contingent upon the transfer of money from the Customer to DVO Marine Design or to the Seller. All license rights terminate immediately and without notice if a sale is reversed for any reason.

3. Rights Granted.

The Seller grants to the Customer who either purchases license rights to Content via a Valid Sale, or downloads freely available Content submitted by the Seller, a non-exclusive, worldwide, license in any medium now known or hereinafter invented to: (a) reproduce, post, promote, license, sell, publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes; (b) use any trademarks, service marks or trade names incorporated in the Content in connection with Seller material; and (c) use the name and likeness of any individuals represented in the Content only in connection with Your material. The Customer license to Content in this paragraph is limited to Incorporated Content. Such use or republication, including sale or distribution of Content that is not Incorporated Content is prohibited. For illustration, approved distribution or use of Content as Incorporated Content includes, but is not limited to:

(i) As rendered still images or moving images; resold as part of a feature film, broadcast, or stock photography, use of the Content in a news program, news-related website, or news-related video media.

(ii) As Content published within a book, poster, t-shirt or other item.

(iii) As part of a physical object such as a toy, doll, or model.

4. Rights Not Granted.

Absent a written grant of rights greater than that contained in paragraph 3 above, all other rights or sub-divisions of rights generally included in copyright are excluded from this license and remain the property of Seller.

Also not Granted:

(i) Use of Content as part of a game, even if the Content is contained inside a proprietary format and displays inside the game during play.

(ii) Use of Content as part of a web site or an interactive presentation, even if the Content is contained inside a proprietary format and displays inside the web site or presentation during visualization or display.

An extension of Rights for the two above clauses is available by acquiring an Extended License of the Content. That Extended License will allow you to redistribute the Content inside a game or a presentation or a web site at the condition it is contained into a proprietary format that makes the Content non extractible and non reusable by the end user.

In consequence, the Customer must be sure to select the right License for his needs before acquiring the Content.

5. Resale and redistribution.

Licenses are non-transferrable. The resale or redistribution by the Customer of any Content obtained from DVO Marine Design, whether For Sale or freely available for download, whether part of a Valid Sale or not, is expressly prohibited unless it is Incorporated Content as licensed above.

6. Returned Content.

In the event a Customer returns any Content, whether acquired by Valid Sale or freely available for download, all license rights granted herein terminate and the Customer must immediately destroy any and all copies contained on any type of media under the control or possession of the Customer.

7. Dispute Interpretation.

If any provision of this License Agreement is held invalid, void, or for any reason unenforceable, that provision shall be severed from this Agreement and the remaining condition will remain in force to the fullest extent provided by law.

No partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by this Agreement.