End User License.

This summary is for convenience. The full terms below are the agreement. A plain-text copy is included in every download as LICENSE.txt.

1. This agreement

This End User License ("License") is an agreement between ElevationArk LLC, a Colorado limited liability company, Denver, Colorado, United States ("ElevationArk", "we", "us") and the person or legal entity that buys a Voxel Starter Kit pack ("you", the "Licensee").

It applies to every pack listed on your order: the 3D models, meshes, textures, materials, rigs, animations, prefabs, previews, Blender, FBX, GLB and Unity files, and their documentation (the "Assets"). By downloading or using the Assets you accept this License. If you don't accept it, don't download them and ask us for a refund under our Refund Policy.

Buying a pack gives you a license to use the Assets. It does not sell or transfer any copyright or other ownership.

2. Words used in this License

• "End Product": a finished game, app, interactive experience, film, animation, rendered image, printed item or similar work that you make, in which the Assets are incorporated together with your own meaningful creative work, including its trailers, screenshots, store pages and marketing.
• "Authorized Users": you, and, if you are a legal entity, your employees and individual contractors, while they work on your End Products.
• "Order": your purchase of one or more packs through our store, as shown on your receipt.

3. What you may do

Once you have paid for an Order, we grant you a non-exclusive, worldwide, perpetual, non-transferable license to:

• use, copy, edit, optimize, convert, rig, animate and combine the Assets in your Order;
• incorporate them into any number of End Products, commercial or non-commercial;
• sell, publish and distribute those End Products anywhere, with no royalties or further fees to us;
• show the Assets in the trailers, screenshots, store pages and marketing of your End Products.

Credit is welcome but not required.

4. Who is covered

One purchase covers one Licensee: either one individual, or one legal entity (such as a company or studio) together with its Authorized Users. Authorized Users may access the editable Assets only for the Licensee's projects, and you must make sure they follow this License. They do not get a license of their own for other projects or clients.

Each other person or legal entity that wants to use the Assets in its own projects needs its own purchase. You may not transfer this License, except together with the sale or transfer of the End Product (or the business) in which the Assets are used.

5. Shipping your End Products

You may distribute the Assets only as part of an End Product, in a form where end users cannot readily extract them and reuse them as separate assets: for example, packed into a compiled game or app build, baked into rendered images or video, or printed. Use the normal packaging of your engine or tool; you are not required to add special protection.

Client work is allowed: you may make an End Product for a client, and the client may use and distribute that End Product. The client does not receive a license to the Assets themselves for other work, and you may not hand over the editable Asset files unless the client buys its own license.

If your End Product lets players create or export content (for example a level editor or modding tools), it may use the Assets inside the product, but it must not let users export the Assets as reusable model files.

6. What you may not do

Except as allowed in sections 3 to 5, you may not:

• sell, sublicense, rent, share, give away, upload or otherwise distribute the Assets, or modified, converted, re-rigged or repackaged versions of them, as standalone files or in any form where the Assets themselves are the main value;
• include the Assets (edited or not) in asset packs, kits, templates, model libraries, marketplaces, stock sites, or tools whose purpose is to provide assets to others;
• publish the editable Asset files where others can get them, such as public source repositories, shared drives or open project templates;
• use the Assets, or images, renders or data made from them, to train, fine-tune, test or improve any machine-learning or AI model, or include them in any dataset;
• sell or distribute the Assets as NFTs or other individual digital collectibles where an Asset is the item being sold;
• claim that you created the Assets, or register or use them as a trademark, logo, design right or similar right;
• remove, alter or obscure identifying information in the Assets in order to hide their origin or to help redistribute them (see section 7);
• use the Assets in content that is unlawful, or that harasses or promotes hatred against people.

7. Ownership and identifying information

ElevationArk LLC keeps all rights, title and interest in the Assets, including any copyright and other intellectual property rights in them. This License is a contract between you and us, and its limits apply whether or not a particular Asset is protected by copyright. You own your End Products and your own original work, but not the Assets inside them.

The Assets contain identifying information, such as asset and provenance identifiers in their metadata and other identifying characteristics, that let ElevationArk recognize its Assets wherever they appear. This information is passive: it does not track you, contact any server or affect how your projects work.

Ordinary editing, optimizing, format conversion and combining of the Assets for your permitted projects is allowed, even if it removes some of this information. What is not allowed is removing, altering or obscuring identifying information in order to conceal where the Assets came from or to redistribute them in breach of this License. Finding our identifying information in someone's work is a reason for us to check whether they have a license, not proof that they don't, and we verify before taking action.

8. Fixed release

Each pack is sold as it is described on its product page at the time of purchase. We may fix errors in the files, but we don't promise new content, updates or support for other tools, engines or versions than those listed. Your License covers the version of each pack you bought and any corrected versions we make available to you.

9. Ending this License

This License lasts forever unless it ends under this section. If you break it and don't put the problem right within 14 days after we tell you, or if the breach can't be put right, the License ends. You must then stop using the Assets in any new work and delete your copies of the Asset files.

End Products you lawfully released before the License ended may stay available, unless the breach was redistributing the Assets themselves or removing identifying information to hide their origin. If an Order is refunded (by us, by Link or by Stripe) or its payment is disputed or charged back, the License for every pack on that Order ends straight away, including for End Products you have already released: you must stop using the Assets, delete them and remove them from your End Products. Continuing to use them is unlicensed use of our work.

10. Warranty disclaimer

We test the Assets in the tools listed on the product page and describe them honestly. Apart from that, and to the fullest extent the law allows, the Assets are provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. Our Refund Policy explains what happens if files are faulty.

11. Limitation of liability

To the fullest extent the law allows, ElevationArk will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from the Assets or this License. Our total liability for all claims relating to the Assets or this License is limited to the amount you paid for the Order involved.

Nothing in this License limits rights you have under consumer protection laws that cannot be excluded or limited by contract.

12. Governing law

This License is governed by the laws of the State of Colorado, United States, without regard to its conflict-of-law rules. Disputes will be decided in the state or federal courts located in Denver County, Colorado, except that either of us may bring a claim in small-claims court. If you live outside the United States, you also keep any rights your local consumer law gives you.

13. General

This License, together with our Terms of Service and Refund Policy, is the whole agreement about the Assets. If any part of it can't be enforced, the rest still applies. If we don't enforce a term straight away, we can still enforce it later. We may publish new versions of this License for future purchases; the version in force when you bought a pack keeps applying to that purchase. You can always find the current version at elevationark.com/legal/voxel-packs-license.

14. Contact

Questions about this License, or a request to use the Assets in a way it doesn't cover: support@elevationark.com. ElevationArk LLC, a Colorado limited liability company, Denver, Colorado, United States.