✍️End User Licence Agreement

As at 19 March 2023

End-User Licence Agreement

This End User Licence Agreement (or EULA) is a legal agreement between you and Malbers Animations, governing your rights and obligations in relation to our Assets. By purchasing or downloading our Assets from a store (Unity, Unreal, Sketchfab, CGTrader), In addition to those stores EULAS you accept the terms of this custom EULA.

In this Additional EULA, certain words and phrases have the meanings given below.

Asset

Meaning a digital asset that we offer for purchase through a Store, or free to download on our website.

Product

Meaning any videogame (which will always be covered by the stores' licenses), or any other product or production that we agree with you in writing as being covered by your license.

Store

Meaning the Unity AssetStore, Unreal Marketplace, CGtrader, Sketchfab, or any other store where we offer Assets for purchase or download.

Your Team

Meaning all employees, contractors, and other collaborators working on a technical or creative role on any one or more Products that incorporate the licensed Assets, excluding anyone working solely as a producer or project manager, or solely on music or audio.

We/Us/Our

Meaning Malbers Animations.

You

Meaning the individual or organization who purchases or downloads Assets through any Store

Your license entitlements

When you purchase an Asset from a Store, you are purchasing a license to the Asset. We retain all intellectual property in the Asset, but the license gives you the entitlements outlined below, with certain restrictions that depend on the type of license purchased. Unless stated otherwise in the documentation that comes with your purchase, your license is a Standard License, with the restrictions outlined below.

Subject to the restrictions below, once you have paid the purchase price specified in a Store or agreed with Us in writing, your license entitles you:

• to incorporate the Asset into Products produced under your direct control, and into promotional materials (graphics, videos or print media) for those Products.

• to publish, distribute, transmit, broadcast, communicate, show and play the Asset as incorporated into those Products and promotional materials

• to adapt the Asset for the purpose of doing any of the above, and to do any of the above with the Asset as so adapted, and

• to authorize third parties to do any of the above, but only in relation to Products produced under your direct control, and promotional materials for those Products.

• monetize the Asset within and for use within a Licensed Product, including via in-app purchases;

Modifying an Asset does not mean you own that Asset, or that you can do anything with that Asset beyond what is specifically allowed in this EULA.

END USER will be prohibited from using the asset license for the following products:

• Creation & Trading of Non-Fungible-Tokens (NFT) and/or use in Blockchain-based projects or products.

• Creation of content for Metaverse-related products like paid metaverse Avatars created from the assets.

• Remix, transform, or build upon the material, and re-sell the modified material.

END USER needs to contact [e-mail] if:

• 3D printing or 2D render images for commercial use.

Animal Controller Scripts and the Riding System Scripts from Horse Animset Pro are excluded from these restrictions

Other features

• The license is non-exclusive.

• Provided you pay the required purchase price, the license is royalty-free.

• The license is worldwide, and is not limited by game engine, OS, platform or device. You can transfer the license to another entity that acquires all or substantially all of the rights in the Product(s) that incorporate the relevant Assets. To give effect to the transfer, you’ll need to notify Us in writing, and the transferee will need to give Us a signed, written undertaking accepting the terms of this EULA. So long as you meet these requirements, you don’t need our permission to sell the rights in your game.

• The license cannot be terminated except as stated in this EULA.

Support

We do currently provide after-sales support for our Assets, but we do not guarantee that this will continue, and may withdraw it at any time. The level, timing and amount of support provided are entirely up to Us.

Source files

You must not share the source files of any Assets outside your team. To be clear, you can allow your contractors to access the source files while they are working for you, but you must ensure they delete all their copies when they finish their engagement.

Audits

You must provide Us with access to your records relating to the number of individuals in your Team and your use of any Assets, as reasonably requested by Us from time to time for the purpose of auditing your compliance with this EULA. We will give at least 5 days’ notice of any request, and will not make more than one request in any six month period. We will keep confidential any information we acquire through these audits and will use it only as necessary to enforce our rights in connection with this EULA.

Chargebacks

Chargebacks are handled by the Stores you purchased the Asset.

Termination

If you commit a non-trivial breach of this EULA, and have not remedied the breach within 30 days of Us requesting a remedy in writing, we may give notice to you to terminate any one or more licenses that we have granted you in relation to any Asset.

Other restrictions

You must not represent to anyone that you own or have created the Assets. You must not claim to be affiliated or in collaboration with Us. You must not use or share our Assets except as expressly permitted by this EULA. In particular, you must not distribute our Assets as stock images or stock art (2D or 3D) or otherwise share them for re-use by third parties. Except as expressly permitted by this EULA, you must not use our name, logo or other media in connection with any product, service or production.

You must indemnify Us

To the maximum extent permitted by law, you agree to indemnify Us, our employees, and agents against any third-party claims or proceedings based on or arising out of your use of or other dealings with the Assets or your violation of this EULA. This includes indemnifying against all losses, costs and expenses (including legal fees) arising from those claims or proceedings.

Governing law and courts

This EULA is governed by the laws of Ecuador. We may enforce our intellectual property rights and the terms of this EULA in any court that has jurisdiction over you. You agree that any claim or proceedings against Us can only be brought in the courts of Ecuador.

Our warranties and liabilities are limited

To the maximum extent permitted by law, the Assets are provided “as is” without warranty of any kind. We disclaim all representations, promises, or warranties, whether express, implied, statutory, or otherwise, with respect to the Assets, including their condition, availability, or the existence of any latent defects, and we specifically disclaim all implied warranties of merchantability, title, non-infringement, suitability, and fitness for any purpose. We do not warrant that the Assets will be error-free or that they will be able to be used without interruption.

In no event will our liability to you arising out of or in connection with any Assets exceed the price paid by you for your license(s) to those Assets.

To the maximum extent permitted by law, you agree that we are not liable to you for any indirect, special or consequential loss or damage caused or contributed to by Us or the Assets, regardless of whether your claim is based on contract, tort (including negligence), equity or any other legal theory.

Changes to this EULA

We can change this EULA at any time, by making a new version available through the relevant Store. However, our changes will not affect your rights under any licenses that you have already purchased.