Copyright (c)2022-2023 by Lucky Resistor. https://luckyresistor.me
Plain-Language Summary of this License
- What You Can Do:
- Lifetime License: Use the 3D models and images for personal or even commercial purposes forever.
- Subscription License: Use them for personal or commercial purposes but only while your subscription is active.
- Limitations After Subscription Ends: If you’re on a subscription and you cancel it, you can still use the downloaded stuff for personal use, but no longer for making money. You also lose access to updates and downloads.
- Updates and Support: Available if you have a Lifetime License or an active Subscription License.
- What You Can’t Do:
- Don’t rent, lend, or distribute the 3D models and images to others.
- Don’t claim them as your own or try to patent anything based on them.
- Ending the Agreement:
- You: Can walk away any time, but you need to delete all copies of the stuff you downloaded.
- Them: If you break the rules, they can terminate your license.
- Liabilities: Basically, they’re not responsible if something goes wrong while you’re using their stuff.
Introduction
This License Agreement (“Agreement”) is entered into between you (“Licensee”) and Lucky Resistor (“Licensor”). This Agreement sets the legal framework and conditions under which Licensee may use the digital models and images (“Licensed Material”) provided by Licensor.
By using any part of the Licensed Material, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, you are not authorized to use any part of the Licensed Material.
Please read this Agreement carefully before downloading, installing, or using the Licensed Material.
Definition
- “Licensed Material” refers to the digital 3d-models and images provided in this package, including any accompanying documentation, data, or files.
- “Licensee” refers to the individual or entity that has acquired the license to use the Licensed Material, as governed by this Agreement.
- “Licensor” refers to Lucky Resistor, the creator and owner of the Licensed Material.
- “Personal Use” means use of the Licensed Material for personal, non-commercial purposes, which excludes any form of distribution or resale.
- “Commercial Use” refers to the use of physical prints derived from the Licensed Material in a manner intended for or directed toward commercial advantage or monetary compensation.
- “Derivative Work” means any work created by modifying, adapting, or converting the original Licensed Material, or a work that includes the Licensed Material as a part of it.
- “Agreement” refers to this License Agreement, including any amendments or updates.
License Types
- Lifetime License: A non-exclusive, non-transferable, perpetual license to use the Licensed Material, granted upon a one-time payment.
- Subscription License: A non-exclusive, non-transferable, time-limited license to use the Licensed Material, granted upon payment of an annual subscription fee.
Scope of Use Post-Subscription
For Subscription License holders who cancel their subscription, the Licensee may continue using the Licensed Material downloaded during the active subscription period for Personal Use, as defined in this Agreement. However, the Licensee will lose access to updates and the download portal upon cancellation.
The rights for Commercial Use of physical prints derived from the downloaded Licensed Material will cease upon the end of the active subscription period.
Transition Clause
Lifetime Licenses purchased before the introduction of the Subscription License will continue to be honored as per the original terms at the time of purchase.
Updates and Support
Updates and ongoing support for the Licensed Material are available only to Lifetime License holders and active Subscription License holders.
Payment Terms and Renewal
Subscription License fees are billed annually. Failure to make a payment may result in the termination of the Subscription License and loss of access to updates and the download portal.
License Grant
General
Upon payment of the applicable license fee, Licensor grants to Licensee a non-exclusive, non-transferable, limited right to use the Licensed Material, as defined in this Agreement. This license is valid only for the Licensee and cannot be transferred or sublicensed to third parties.
Scope of Use
For Lifetime License Holders
- Personal Use: Licensee is granted the right to use the Licensed Material for Personal Use, as defined in this Agreement.
- Conversion and Adaptation: Licensee may convert and adapt the Licensed Material into different file formats strictly for the purpose of creating physical prints. Any derivative works created must adhere to the terms of this Agreement.
- Commercial Use of Physical Prints: Licensee is permitted to use the physical prints derived from the Licensed Material for Commercial Use, as defined in this Agreement.
For Subscription License Holders
- Personal Use: Licensee is granted the right to use the Licensed Material for Personal Use, as defined in this Agreement, during the active subscription period.
- Conversion and Adaptation: Licensee may convert and adapt the Licensed Material into different file formats strictly for the purpose of creating physical prints. Any derivative works created must adhere to the terms of this Agreement and are only valid for use during the active subscription period.
- Commercial Use of Physical Prints: Licensee is permitted to use the physical prints derived from the Licensed Material for Commercial Use, as defined in this Agreement, during the active subscription period.
Restrictions
- Licensee may not rent, lease, sublicense, distribute, lend, or transfer the Licensed Material or any Derivative Work thereof to third parties without Licensor’s prior written consent.
- Licensee may not sell or distribute the Licensed Material, or any converted or adapted versions thereof, for commercial purposes, unless specifically authorized under the terms of their acquired license type.
- Licensee may not claim intellectual property rights or apply for patents based on the Licensed Material or any Derivative Work thereof.
Termination
- By Licensor: Licensor reserves the right to terminate this Agreement and revoke the license granted herein at any time if Licensee breaches any term of this Agreement.
- By Licensee: Licensee may terminate this Agreement at any time by ceasing all use of the Licensed Material and deleting all copies thereof.
- Consequences of Termination: Upon termination of this Agreement for any reason, all rights granted to Licensee under this Agreement will immediately cease, and Licensee must promptly:
- Discontinue all use of the Licensed Material.
- Delete or destroy all copies of the Licensed Material and any Derivative Works in their possession or control.
- Certify in writing to the Licensor that all copies have been deleted or destroyed.
- Survival: Sections relating to disclaimers of warranties, limitations of liability, and any other terms intended by their nature to survive termination, shall continue in effect beyond any termination of this Agreement.
Disclaimer of Warranties and Limitation of Liability
Disclaimer of Warranties
Unless explicitly stated otherwise in writing by the Licensor, the Licensed Material is provided “As-Is” and “As-Available,” without any warranties or conditions of any kind, either express or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose. The Licensor makes no representations concerning the accuracy, reliability, completeness, or timeliness of the Licensed Material. To the extent local law does not allow the exclusion of certain warranties, these exclusions may not apply to you.
Limitation of Liability
To the maximum extent permitted by applicable law, Licensor shall not be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use, or inability to use, the Licensed Material. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if Licensor has been advised of the possibility of such damage. Where local laws do not allow the exclusion or limitation of liability, this provision may not apply to you.
Interpretation
This disclaimer and limitation of liability shall be interpreted in a manner that most closely approximates an absolute disclaimer and waiver of all liability, within the bounds permitted by applicable law.
Governing Law and Jurisdiction
- Applicable Law: This Agreement shall be governed by, and construed in accordance with, the laws of Switzerland, without regard to its conflict of law principles.
- Jurisdiction: The parties agree that any legal action or proceedings arising out of or in connection with this Agreement shall be brought exclusively in the courts of Switzerland.
- International Use: The Licensee acknowledges that the laws and regulations of Switzerland govern this Agreement and the Licensee’s use of the Licensed Material. The Licensee is solely responsible for compliance with all local laws, if and to the extent local laws are applicable.