Content Browser

General Licensing Agreement

Last updated October 8, 2022. Replaces all prior versions

Dear Content Browser Customer:

This is a legally binding agreement between You, and Content Browser regarding your rights and obligations to use any Content from the Site licensed by you. “You” refers to the purchasing entity, whether that is a natural person who must be at least 18 years of age, or a corporate entity. The rights granted in this agreement are granted to the purchasing entity, its parent company, and its majority owned affiliates on a “royalty free” basis, which means that after a Purchase, there are no future royalties or payments that are required. This agreement incorporates by reference the Terms of Use as well as the Site’s policies and procedures as such.

Please revisit this agreement when you purchase any Content licenses. Content Browser reserves the right to modify the agreement at any time in its sole discretion. Prior to such changes becoming effective, Content Browser will use reasonable efforts to notify you of any such change. Such notice may be made by email to the email address on file in your Content Browser account, an announcement on this page, your login page, and/or by other means. Modifications to this agreement will only apply to prospective purchases (including any automated renewals). By licensing Content following any such modifications, you agree to be bound to the agreement as modified.

Royalty-Free License

Content Browser Contents are royalty-free unless otherwise noted. This means that, after purchasing any product on this site, you are not required to make any future payments (or pay further royalty fees). The specific product license (for 3D, Image or Video Content) is the final and authoritative agreement on your use of Content Browser products. We’ve provided helpful summaries for your convenience, but the license itself is always the final word. 

Definitions

This agreement is intended to be easy to understand, and to provide clarity for using Contents in the work you create an End Product. We have attempted to answer those questions in this agreement.

Some words in this agreement are given specific meanings. Words that appear initially in quotations, such as “You” and “End Product”, are defined in the text preceding the word. Other capitalized words are defined below:

“We”, “us” or “Content Browser” includes Contentbrowser.net, and all licensed affiliates and partners that distribute Contents, including Content Browser, TIKKE LLC., and the Content Browser group of companies.

“Site” refers to the Content Browser websites, API’s, software applications or any approved means or utility either currently in existence or in the future; the software and source code used by Content Browser to provide such services; user interface layouts, designs, images, text, knowledgebase articles, program offers; site information provided in reports (such as popular keyword searches); and all other intellectual property protected under copyright, trademark, patent, publicity, or any other proprietary right.

“Product Page” is the product page or interface that displays Contents available for Purchase on the Site.

“You,” or “Licensee” whether capitalized in this Agreement or not, means the person or entity purchasing a License hereunder. For legal entities, “You” include any entity that controls, is controlled by, or is under common control with you, where “control” means the power, direct or indirect, to cause the direction or management of the entity in question, whether by contract or otherwise, or ownership of 50% or more of the outstanding shares or beneficial ownership of the entity in question.

“Content” means all Content available for license from the Content Browser website, including 3D, Images, Video, and Editorial (as defined herein.)

“Image Content” means still photographs, vectors, drawings, graphics, and the like.

“3D Content” is the collection of one or more 3D digital files especially designed for digital usage, packaged in the form of a product on the Site that can be identified by a 3D Content ID, and that is made available to you for purchase on the Site. A 3D Content may include 3D model files, geometry, texture maps, materials, motion captures, renderings; Installable and/or Add-On products like brushes, lighting setups, kitbashes and other constituent files related to the 3D Content data and its representation.

“3D Print Content” is the collection of one or more 3D digital files especially designed for Physical creation of 3D models with the help of special devices called “3D Printers” by using filaments, resins or other types of industry standard materials. Those 3D digital files are packaged in the form of a product on the Site that can be identified by a Content ID, and that is made available to you for purchase on the Site.

“Video Content” means any moving images, animations, films, videos or other audio/visual representations, video elements, visual effects elements, templates, graphics packs, and motion design projects excluding still images, recorded in any format. 

“Stand-Alone File” is the original, unmodified Content which is purchased, licensed and downloaded by You to intend to create a End Product for merchandizing or just use in personal, portfolio,charity or any other non-commercial projects

“End Product” is a single,final digital or physical product as the result of a completed series of processes or changes of our Content. If created End Product is for resale, Its definition will be changed “End Product For Resale” for further clarification purposes

“Installable Content” are the Contents (2D or 3D) that are installed on a computer and used to generate new End Products. This includes all Contents found in the Brushes category along with all Add-ons, plugins and applications.

“Add-Ons” include Installable Products such as Actions, Brushes, Gradients, Layer Styles, Scripts, Plug-Ins, and Extensions.

“Primary Value” of an “End Product” the decisive, prominent, main value of the End Product that specifically enables it to be sold or viewed 

“Viewer(s)” are people who view the Digital End Product you created by using our licensed and downloaded Content on the web, social media, broadcast, digital programs, streaming services,email marketing, mobile advertising or any other digital platform. 

“Impression” refers to any time your digital content is rendered on a user’s screen. And therefore, the number of impressions can be described as the number of people who would’ve seen your content online.

“Resale” is the act of selling any of Our licensed Content as a Stand Alone File or as the End Product you created with our licensed Content again usually to a new party.

“Redistribution” the act or process of redistributing any of our licensed Content to a new party for any purpose as a Stand Alone file or as the End Product.

“Reproduction” and “Reproduce” mean any form of copying, performance, display, distribution, or publication of the whole or a part of any Licensed Content, via any medium and by whatever means, the distortion, alteration, cropping or manipulation of the whole or any part of the Licensed Content, and the creation of any derivative work (an End Product) from, or that incorporates, the Licensed Content. For 3D Print Contents, reproducing means creating a physical End Product through devices called “3D Printers” with or without making any alterations on original Stand-Alone Content; Therefore, since 3D Print Contents can be used as downloaded, it differs from the other types of Licensable Contents on the site in terms of usage.

“Modification” defines any changes made onto basic properties or appearance of a licensed Content for any purpose or to create any End Product planned.

“Purchase” is the acquisition of a Content by You from the Site under this agreement, whether as a purchase of Content made available at a price of greater than $0, or a download of Content made available at no charge.

“Computer Game” is a type of End Product that includes digital games, computer-based games, handheld electronic games, mobile games, online games, web-games, social games, game mods, and console-based games.

“Imagery” is an End Product made of any single image or sequence of images.

“Depicted Intellectual Property” means any intellectual property depicted in the Content, including any copyright, trademark, trade dress, right of publicity, or any other proprietary right throughout the world that may apply. For purposes of clarity, this does not refer to the copyrights owned by the creator of the Content that are licensed in this agreement.

To make reading this agreement easier and less repetitive, the following constructions are used:

“Include,” including,” and “such as” are considered to be followed with “but not limited to.” Examples are used in this agreement to illustrate, rather than limit, the scope of the terms.

“The following restrictions”, “the foregoing restrictions”, and “subject to the restrictions” are considered to be followed with “in addition to all other restrictions applicable within this agreement.”

Licenses

Content Browser hereby grants you a non-exclusive, perpetual, non-transferable, non-sublicensable right to use, archive, display, modify (except as expressly prohibited herein),  reproduce the End Product, in all media worldwide, for advertising, marketing, promotional and decoration purposes in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth herein

Detailed List Of Allowed Uses

News, film, movies, television programs, video projects, multimedia projects, live performances, theatrical display, Mobile Apps, software user interfaces; architectural renderings, computer games, virtual worlds, simulation and training environments, corporate communications, marketing collateral, tradeshow promotional items, booth decorations and presentations, pre-visualizations, product prototyping and research, mobile, web, print, broadcast and television, cable networks, OTT video services, billboard advertising, online and electronic publications of blogs, literature, social media, email campaigns, website designs and layouts, desktop and mobile wallpapers, screensavers, toolbar skins, books, magazines, posters, business cards, 3D printing, apparel items, brochures, framed or printed artwork, household items, office items, lenticular prints, textiles, artworks, magnets, wall-arts, calendars, toys, product packaging, stationery, greeting cards, and any other physical reproduction and manufactured products.

Personal License

Personal licenses are available for 3D Contents and Video Contents. (Pricing can be vary for each type of Contents) 

With a Personal license, you may:

• • Reproduce the Content for your own personal, non-commercial works without limitations 

  • Reproduce the Content for your personal portfolio works without limitations

  • Reproduce the Content for your non-commercial, educational purposes without limitations

  • Include the End Product on social media sites for personal use without limitations

  • Post the End Product to a website or social media site for personal/non-commercial use without limitation on views/impressions.

  • Incorporate the Content into film, video, television series, advertisement, or other audio-visual productions for distribution in any medium now known or hereafter provided the budget for any such production does not exceed USD $10,000;

  • Reproduce Content to make physical End Products up to 10 pieces/units for non-commercial purposes 

With a Personal license, you may not:

• • Distribute the stand-alone file.

  • Create merchandise, templates, or other end products for resale or distribution

  • Transfer the license

  • Share the unmodified Content

Standard license

Standard licenses are available for 3D Contents, Image Contents and Video Contents. (Pricing can be vary for each type of Contents) 

Image Content

with an Standard License, you may: 

• • Reproduce Image Content displayed or distributed via the web, on the social media, using so-called “Apps” or as otherwise disseminated in accordance herewith up to 500,000 copy/viewer restriction

  • Reproduce the Image Content in email marketing, mobile advertising if the expected number of viewers is fewer than 500,000.

  • Reproduce the Image Content as part of an “Out-of-Home” advertising campaign ( billboards, street furniture, etc.,) up to 500,000 gross impressions 

  • Reproduce the Image Content for print in physical form for packaging, advertisement and tangible media up to 500,000 copies.

  • Include the End Product in a project with a budget of up to $20,000

  • Use the Image Content for personal-non-commercial  purposes

  • Share the unmodified Image Content with your employees and contractors who have contractually agreed to abide by the license terms.

  • Transfer the license to your single client or employer.

you may not

• • Distribute the stand-alone file.

  • Include, reproduce or incorporate Image Content in any kind of merchandise, commercial publishing, template creation, resale or distribution.

  • Reproduce Depicted Intellectual Property in any End Product of Physical Form for any purpose(Even for personal-non-commercial works). For example, you may NOT print the image of a copyrighted character (Spiderman, Elsa, Deadpool), or logo of a branded technology (Asus, Sony, Canon) onto a magnet, t-shirt or any other physical product alike

  • Transfer the license to more than one employer or client, unless separately licensed for each.

3D Content 

with an Standard License, you may:

• • Reproduce the image of rendered 3D Content with all the rights granted in the Standard Image Content license.

  • Reproduce the 3D Content for one End Product and up to 500,000 viewer/impression restrictions on web and social media

  • Reproduce the 3D Content for one End Product and up to 100,000 copy/viewer restrictions in Game/Software/App production

  • Reproduce the 3D Content for digital template creation or other sorts of digital resale up to 1,000 licenses restriction

  • Use Installable 3D Contents and Add-Ons in unlimited number of projects on a one user per license basis

  • Use 3D Bundles-Kits-Packs/Collections one Content per one End Product for 3D Contents and one user/unlimited projects for Installable/Add-On 3D Contents

  • Incorporate the “Installable 3D Content” into your works (Brushes, 3D Lighting Setups, 3D Materials, Shaders, etc.) to create an unlimited number of unique End Products. For instance, you may purchase a 3D Brush to create any number of 3D sculpt projects and you can purchase a 3D Lighting Setup to create any number of final renderings of them.

  • Use 3D Printing Content to make physical End Products up to 1,000 pieces/units for commercial and up to 50 instances for non commercial (personal use, gift, charity donations) purposes  

  • Share the unmodified 3D Content and its Textures / Other Types of Media with your employees and contractors who have contractually agreed to abide by the license terms.

  • Transfer the license to your single client or employer.

you may not:

• • Sub-license, resell, share, transfer, distribute the stand-alone 3D Content file ( e.g. as stock, in a tool or addon, with source files, and/or not incorporated into an End Product).

  • Use the 3D Content in a multi-media production display or distribution via broadcast, cable network, OTT video service, or in theaters irrespective of audience/viewer size

  • Create merchandise, templates, or other End Products for resale, display or distribution where the primary value of the product is associated with the 3D Content itself. For example, you can’t use the 3D Content render image to create a poster, t-shirt, or coffee mug that someone would buy specifically because of the 3D Content render image printed on it.

  • Make the 3D Content available on a digital content management system, shared drive, or the like for the purposes of sharing or transferring the 3D Content, and you must not permit an end user of the End Product to extract the 3D Content and use it separately from the End Product

  • Reproduce Depicted Intellectual Property in any End Product of Physical Form for any purpose. For example, you may NOT make Physical Form End Products of a copyrighted character (Spiderman, Elsa, Slimer), or branded technology (Apple, Toshiba, Samsung).

• • Reproduce Video Content for multiple End Products 

  • Use any Images displayed for the promotion a 3D Content on its Product Page “Promotional Image” that has a logo, mark, watermark, attribution, copyright or other notice superimposed on the image

  • Use Imagery in any End Product that is a trademark, servicemark, or business logo. 

  • Transfer the license to more than one employer or client, unless separately licensed for each.

Video Content

with an Standard License, you may:

• • Reproduce Video Content displayed or distributed via the web,on the social media, using so-called “Apps” or as otherwise disseminated in accordance herewith up to 500,000 copy/viewer restriction

  • Reproduce Video Content in connection with a live performance, provided the audience for all such performances does not exceed 500,000 people

  • Include the Video Content in email marketing, mobile advertising if the expected number of viewers is fewer than 500,000.

  • Share the unmodified Video Content with your employees and contractors who have contractually agreed to abide by the license terms.

  • Transfer the license to your single client or employer.

you may not

• • Reproduce Video Content for multiple End Products

• • Distribute/Resale/Merchandise Video Content(or still images extracted from it) as a video clip, as stock, in a tool or template, with source files, as the stand-alone file or bundled with other Contents, even if you modify the Content. You also can’t re-distribute the Content as-is or with superficial modifications.

Examples: You can’t modify a video clip and distribute it as part of a VJ loop pack. You can’t simply stylize or recolor a video and sell it as your own.

• • Use the Video content in a multi-media production distributed via broadcast, cable network, OTT video service, or in theaters irrespective of audience/viewer size

• • Use the Video Content in any application allowing an end user to customize a digital product to their specific needs, such as an “on demand”, “made to order” or “build it yourself” application. You can use the Content in this way only if you purchase a separate license for each final product incorporating the Content that is created using the application.

Examples of “on demand”, “made to order” or “build it yourself” applications: online video or animation rendering services, “create your own” slideshow apps, and e-card generators. You will need one license for each product created by a customer, or contact us to discuss.

• • Use “stills” derived from Video Content except solely in connection with the in-context marketing, promotion, and advertising of your derivative works incorporating Video Content

Extended license

Extended licenses are again available for 3D Contents, Image Contents and Video Contents. (Pricing can be vary for each type of Contents) 

3D and Image Contents

With an Extended license, you may:

• • Reproduce the 3D and Image Contents with all the rights granted in the Standard license.

  • Reproduce the 3D and Image Contents in an unlimited number of copy/viewer restrictions.

  • Reproduce the 3D and Image Contents in unlimited number of projects and create unlimited number of End Products

  • Reproduce the 3D and Image Contents without limitation of project budgets

  • Create merchandise or products for resale or distribution where the main value of the End Product is associated with the 3D and Image Contents itself, such as a coffee mug or t-shirt.

  • Share the unmodified 3D and Image Contents with your employees and contractors who have contractually agreed to abide by the license terms for multiple End Product End Products.

  • Transfer the license to more than one employer or client

you may not:

• • Distribute the stand-alone file.

Video Content

With an Extended license, you may:

• • Reproduce the Video Content with all the rights granted in the Standard license.

  • Reproduce the Video Content in an unlimited number of copy/viewer restrictions on web and social media

  • Use the Video Content in a multi-media production displayed or distributed via broadcast, cable network, OTT video service, in theaters or in any kind of Audio-Visual product without restriction on the number of audience/viewers 

  • Reproduce the Video Content in unlimited number of projects and create unlimited number of End Products

  • Include Video content in Digital Templates for resale, for up to (but not exceeding) 1,000 licenses to such digital templates;

  • Reproduce the Video Content without limitation of project budgets

  • Create merchandise or End Products for resale or distribution where the main value of the End Product is associated with the Content itself.

  • Share the unmodified Video Content with your employees and contractors who have contractually agreed to abide by the license terms for multiple End Product End Products.

  • Transfer the license to more than one employer or client

you may not:

• • Distribute the stand-alone file.

Free License 

With a Free Standard license, you may:

• • Unlimited use for your own personal, non-commercial works (not for resale, download, distribution, or any commercial use of any kind) (Attribution required)

  • Unlimited use for your personal portfolio works (Attribution required)

  • Unlimited use for your non-commercial, educational purposes (Attribution required)

  • Share the Content with your co-workers who collaborates with you on same non-profit, non-commercial projects (Attribution required)

  • Unlimited use of the end product on social media sites (Attribution required)

With a Free Standard license, you may not:

• • Distribute the stand-alone file.

  • Create merchandise, templates, or other end products for resale or distribution

  • Transfer the license

  • Reproduce Depicted Intellectual Property in any End Product of Physical Form for any purpose. For example, you may NOT make Physical Form End Products of a copyrighted character (Spiderman, Elsa, Slimer), or branded technology (Apple, Toshiba, Samsung).

Editorial License

All digital products of Content Browser designated with the “Editorial” license label may only be used in an editorial manner, relating to events that are journalistic,cultural, newsworthy or of public interest. Examples of editorial use/fair use may include illustrating issues of general interest, social commentary, reporting news, etc. Editorial uses include use of the Product in a news program, news-related website, news articles, or news-related video media, critical reviews, documentaries, or an academic manner, relating to teaching purposes, scholarship, and research, and may not be used for any commercial, promotional, advertising or merchandising use- even if you have obtained an Extended license – without obtaining prior written consent from the copyright owner of the Content, and additional permissions as necessary. You may edit a Content only if its editorial quality is not altered.

“Specifically For 3D Contents”

In certain very limited instances, you may otherwise have the rights to Depicted Intellectual Property in Content that is labeled Editorial. For instance, you may be the advertising agency for a brand/Intellectual Property owner or you may be the brand/Intellectual Property owner itself purchasing Content. If that is the case, you may use the 3D Contents with the Editorial Content commercially under the standard terms of the 3D Content License, assuming you have the rights clearance through other means. But you must have all the intellectual property rights necessary from the Intellectual Property in the 3D Contents and this is usually only the case for the vendor of a brand/Intellectual Property or for a brand/Intellectual Property owner itself. As a rule of thumb, if you wonder if you have these rights, you don’t. It is usually very clearly set forth in a contract. The burden and risk of confirming these rights is on you if you Purchase 3D Contents.

Allowed Editorial Uses

• An Editorial License grants you the right to make a single, editorial use of a item of Editorial Content, which single use may be distributed worldwide, in perpetuity.

• A “single use” for the purposes of this license permits the use of Editorial Content in a single context (i.e., a news story, blog post, page of a publication) a single time, provided you shall have the right to distribute that use in-context across unlimited mediums and distribution channels. For example, the use of Editorial Content to illustrate a printed article, maybe reused on a blog, on social media, etc., provided it is in-context to the original printed article. Any use not in-context to the original printed article would require an additional license.

• Rights Holders (Specifically for 3D Contents): The company or individual who owns the Depicted Intellectual Property is allowed all uses in the 3D Content License as if the 3D Content were not labeled with “Editorial Use.”

• Official Licensee (Specifically for 3D Contents): You may have an explicit written license with the owner of the Depicted Intellectual Property and are allowed any or all uses in the 3D Content License

• Broadcast, Online or Print News. Examples include a news broadcast using a 3D Content of a Boeing plane with an Editorial Use label to discuss a company merger, and a journalism blog using a 3D Content of Spiderman with an Editorial Use label when describing box office numbers for a new movie.

• Documentary. An example is a jazz documentary using a 3D Content of a Gibson guitar with an Editorial Use label which discusses the use of Gibson guitars and their role in the musical popularity.

• Academics. Examples include a university computer engineering student using a 3D Car Content with an Editorial Use label to highlight layering techniques for computer animation, and a high school technology teacher using a 3D Content with an Editorial Use label of Batman during a class discussion of animation.

Prohibited Editorial Uses 

All Non-Editorial context included but are not limited to:

• Advertising. No advertisements (video, print, other), billboards, trade show or exhibit displays, etc.

• Merchandising. No physical product for resale, video game, etc.

• Defamatory. No defamatory, libelous or otherwise unlawful manner whether directly or in context or juxtaposition with such specific subject matter.

• Branding. No incorporation into a logo, trademark or service mark.

• Commercial Purpose. No commercial, non-news related purpose.

• Alteration & Modification. Any Content may not be modified, except for minor adjustments for technical quality or slight cropping or resizing, while maintaining the editorial context and integrity of the original. In addition, may not be modified so that it no longer contains Depicted Intellectual Property.

• Distributed multi-media production. Use any Editorial Content in a multi-media production distributed via broadcast, cable network, OTT video service (e.g. Netflix, Hulu, Amazon), or in theaters, or in related promotional materials.

• Physical Publication. Use any Editorial Content on a publication cover, jacket, or other packaging related to the underlying use.

• Print Publication. Use any Editorial Content in a publication with a print run in excess of 500,000 copies.

Credit And Copyright Notices

• Attribution is always required for Editorial Content.

• In all cases the credit and attribution shall be of such size, color and prominence so as to be clearly and easily readable by the unaided eye.

• All uses of Content (Included 3D Rendered Images) in connection with news reporting, commentary, publishing, or any other “editorial” context, shall be accompanied with a credit line in substantially the following form example: “Agency Name/Contributor Name – contentbrowser.net”

• Editorial Content in the original unaltered form and used in full compliance with this agreement and applicable law, will not infringe a third party’s copyright

Additional Rights 

Subject to the Terms and any applicable restrictions, you may have the following additional rights: 

•  Employer or Client Use. You may license Contents for the benefit of your employer, or one of your clients, provided that you: 

  1. Represent and warrant that you have full legal authority to bind your employer or client to these Terms; 

  2. Are solely responsible and liable for use of the Contents by your employer or client (as applicable); 

  3. Transfer your license to your client or employer via an enforceable written agreement that includes applicable terms no less restrictive than these Terms; and

  4. Obtain additional licenses for the same Contents if you or your employer intend to use the same Contents for yourself, your employer, or for the benefit of other clients (as applicable). 

• Employee and Contractor Use. You may transfer files containing the Contents, including productions, Projects, or other permitted derivative materials, to employees or subcontractors, provided that:

1. Such employees and subcontractors agree in an enforceable written agreement to abide by the restrictions in the Terms; 

2. Such employees and subcontractors only use the Contents on your behalf; and 

3. You are solely responsible and liable for use of the Contents by your employee or contractor

Hard restrictions

The restrictions described below are applied to all types of licenses and all types of Contents in Content Browser

• Use the Content other than as expressly provided by the license you purchased with respect to such Content.

• Use the Contents in any way that allows a third party to use, download, extract or access the Contents 

1. As a stand-alone file; or 

2. In a way that exceeds the scope of the license to the Contents

• Portray any person depicted in Content (a “Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model: 

1. In connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; 

2. In connection with the advertisement or promotion of tobacco products; 

3. In a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; As suffering from, or medicating for, a physical or mental ailment; or 

4. Engaging in immoral or criminal activities.

• Use any Content in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.

• Modify Content designated “Editorial Use Only” in a manner that changes the context of what is depicted.

• Remove, obscure or alter any proprietary notices associated with the Contents, or give any express or implied misrepresentation that you or another third party are the creator or holder of Intellectual Property Rights in any Contents; 

• Use the Contents or any title, caption information, keywords or other metadata associated with Contents for any 

1. Machine learning or artificial intelligence purposes; or 

2. Technologies designed or intended for the identification of natural persons;

• Use the Content designated “Editorial Use Only” (including, but not limited to, Editorial Content) for commercial purposes, including for reference, in any advertising, merchandise or other non-editorial contexts.

• Use the Contents contrary to any additional restrictions displayed on the Website in the details panel of such Contents; 

• Resell, redistribute, provide access to, share or transfer any Content except as specifically provided herein. For example and not by way of limitation, the foregoing prohibits displaying Content as, or as part of, a “gallery” of Content through which third parties may search and select from such Content.

• Use the Content in a manner that infringes upon any third party’s rights, trademark or other intellectual property,  or would give rise to a claim of deceptive advertising or unfair competition, or other rights of any person or entity, such as the moral rights of the creator of the Content or the rights of any person who, or any person whose property, appears in or is associated with the Content;

• Use any Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.

• Access Contents filtered out by safe search unless you are over 18 and live in a country where adult content is legal; 

• Or use or exploit the Contents in any manner other than as expressly provided in these Terms. 

• Falsely represent, expressly or by way of reasonable implication, that any Content was created by you or a person other than the copyright holder(s) of that Content.

• You can’t claim trademark or service mark rights over the Content within the End Product

• You must not permit an end user to extract the Content and use it separately from the End Product.

• You must not use the Content in violation of any export laws that apply to you.

• This license can be terminated if you breach it and don’t remedy the breach. If termination happens, you must stop using the Content, which includes no longer making copies of or distributing the End Product until you remove the Content from it

• You can’t claim ownership of the Content, even if modified under clause 4, for example through Content identification systems.

• You may NOT aggregate funds to Purchase Content with one or more other parties. An example of this prohibited use is a website membership where members pool their money to make a single Purchase that is shared by the members of the group. Each such member must Purchase individually.

3D Content Specific Detailed License Information

License Rights

Ownership

Content Browser does not grant title or ownership in 3D Contents. All rights in 3D Contents not expressly granted in this agreement are reserved by Content Browser for itself

Rights Granted 

For 3D Contents, Content Browser grants to you a non-exclusive, perpetual, worldwide right and license to copy, distribute, reproduce, adapt, publicly display, publicly perform, digitally perform, transmit, broadcast, telecast, advertise, create derivative works, and market 3D Contents within End Products in the uses authorized in this agreement. You may request authorization for a use not covered by this agreement (“New Use”) by writing [email protected]. Content Browser is authorized to approve a New Use if Content Browser finds in its sole judgment that the New Use is substantially similar to another established use in this agreement and authorizes the New Use in writing.

Rights Granted When Sharing 3D Contents 

If you Purchase as an employee of a corporate entity, sharing Purchased 3D Contents with other employees of your corporate entity is allowed. Examples of allowed sharing include storing files on a networked hard drive, and aggregating 3D Contents for later use in future End Products. You are responsible for any downstream distribution, use, or misuse by a recipient of a shared 3D Contents. In all cases, sharing 3D Contents with external people or entities is only allowed in the following situations, and with the following restrictions:

• In the production of an End Product owned by you, if you are working in collaboration with external parties, and there is a need to share 3D Contents for the development and production of your End Product, sharing 3D Contents with those external parties is allowed. Any external party that receives 3D Contents may only use 3D Contents on your End Products and must take reasonable care to secure and limit access to 3D Contents to that purpose.

• In the production of a End Product owned by another entity (“your Client”), if you are working as a contractor and need to share 3D Contents with your Client, or any external parties working with your Client, sharing 3D Contents is allowed, subject to the restriction that all parties may use 3D Contents only for your Client’s particular End Product, and for successive versions of your Client’s End Product, such as sequel Computer Games or movies that utilize the same 3D Contents. All parties must take reasonable care to secure and limit access to 3D Contents to the parties working on your Client’s End Product. For all other use by any party, 3D Contents must be Purchased again to create a new license agreement governing that use

Editorial Use Restriction for Some 3D Contents 

The following restrictions apply to any 3D Content with an “Editorial Uses Only” label on its Product Page. Permitted use of Depicted Intellectual Property in such 3D Contents is limited to news reporting in End Products of some cultural, editorial, journalistic, or otherwise newsworthy value, including news reporting on television and the internet. A second permitted use is use within an academic setting, limited to teaching, scholarship, and research. This restriction does not apply if you have the needed authorization to use the Depicted Intellectual Property for your End Product, such as if you are owner of the Depicted Intellectual Property, or the advertising team, hired party, or licensee of the Depicted Intellectual Property owner.

Depicted Intellectual Property 

Content Browser does not own or license any Depicted Intellectual Property. Content Browser does not in any way make any representations or warranties about Depicted Intellectual Property associated with 3D Contents. You are solely responsible for determining the need for and, if appropriate, obtaining any needed clearance, consent, additional licensing, permissions or release to use any Depicted Intellectual Property in your End Products. Buyers should understand additional licensing, rights, permissions, releases, or clearance may be relevant for Product, if the intended use involves religious groups or affiliations, pharmaceuticals, health care, tobacco, liquor, adult entertainment, personal hygiene, birth control, or any other area that could be considered sensitive, offensive, or immoral.

End Products of Imagery

Permitted Uses of End Products of Imagery

Subject to the following restrictions, you may use End Products of Imagery within news, film, movies, television programs, video projects, multi-media projects, theatrical display, software user interfaces; architectural renderings, Computer Games, virtual worlds, simulation and training environments; corporate communications, marketing collateral, tradeshow promotional items, booth decorations and presentations; pre-visualizations, product prototyping and research; mobile, web, print, television, and billboard advertising; online and electronic publications of blogs, literature, social media, and email campaigns; website designs and layouts, desktop and mobile wallpapers, screensavers, toolbar skins; books, magazines, posters, greeting cards; apparel items, brochures, framed or printed artwork, household items, office items, lenticular prints, product packaging and manufactured products.

Restrictions on Permitted Uses of End Products of Imagery

Stock Media Clearinghouse

You may NOT publish or distribute End Products of Imagery through another stock media clearinghouse, for example as part of an online marketplace for photography, clip art, or design templates.

Promotional Images 

Images displayed for the promotion a 3D Content on its Product Page (“Promotional Images”) may be used in End Products of Imagery, provided that the 3D Content itself has been Purchased and subject to the following restrictions:

• • You may NOT use a Promotional Image that has any added element which is not included as part of the 3D Content. An example of this type of restricted use is if the 3D Content contains an airplane, and there is a Promotional Image of that airplane rendered over a blue sky; however, the blue sky image is not included as part of the 3D Content. Other prohibited examples include use of Promotional Images from movies or advertisements that may have used 3D Content.

  • You may NOT use any Promotional Image that has a logo, mark, watermark, attribution, copyright or other notice superimposed on the image without prior approval from Content Browser Support.

Business Logos 

You may NOT use Imagery in any End Product that is a trademark, servicemark, or business logo. This restriction is included because the owners of these types of End Products typically seek exclusivity on the use of the imagery in their End Product, which is incompatible with the non-exclusive license granted to you under this agreement.

End Products of Computer Games and Software

Permitted Uses in End Products of Computer Games and Software

Subject to the following restrictions, you may incorporate 3D Contents in End Products of Computer Games, virtual worlds, simulation and training environments; mobile, desktop and web applications; and interactive electronic publications of literature such as e-books and electronic textbooks.

Restrictions on Permitted Uses of 3D Contents in End Products of Games and Software

Interactivity 

Your inclusion of 3D Contents within any such End Product is limited to uses where the 3D Content is contained in an interactive experience for the user and not made available outside of the interactive experience. Such a permitted example of this use would be to include a 3D Content of human anatomy in a medical training application in a way that the 3D Content or its environment may be manipulated or interacted with.

Access to 3D Contents 

You must take all reasonable and industry standard measures to incorporate 3D Contents within End Products to prevent other parties from gaining access to 3D Contents. 3D Contents must be contained in proprietary formats so that they cannot be opened or imported in a publicly available software application or framework, or extracted without reverse engineering. WebGL exports from Unity, Unreal, and Lumberyard are permitted. Any other open format or format encrypted with decryptable open standards (such as an encrypted compression archive or other WebGL programs not listed here) are prohibited from using 3D Contents. If your End Product uses WebGL and you are not sure if it qualifies, please contact us and describe your End Product in detail if this is your desired use.

Open Systems 

You typically may NOT include 3D Contents in End Products that have the general functionality for importing and/or exporting 3D Contents. Please contact us and describe your End Product in detail if this is your desired use. An example of such a prohibited use is to include 3D Contents as a starter library within a standard retail Software End Product that allows users to generally work with 3D Contents, even if the 3D Content itself is somehow protected and is not capable of being exported. An allowed use is for custom or enterprise software in certain circumstances.

Virtual Good Sales

You may NOT import, upload, reproduce, make available, publish, transmit, distribute, or sublicense 3D Contents in End Products of virtual goods or worlds for any 3D community (“Virtual World”), unless you or your Client owns the Virtual World platform and it complies with the previous restrictions.

End Products of Physical Form

Permitted Uses in End Products of Physical Form 

Subject to the following restrictions, you may use 3D Contents to make Physical End Products such as 3D printed works, articles of manufacture, custom vehicles, furniture, jewelry, sculptural artwork, toys, and physical entertainment goods (“End Products of Physical Form”).

Restrictions on Permitted Uses in End Products of Physical Form

a. Substantially Similar End Products

Permitted use of any End Product of Physical Form in which a 3D Content is untransformed or substantially similar to the 3D Content is limited to personal use, gifts, or charitable donations, with a maximum of 5 instances of such End Product per Purchase; unless the 3D Content is a small part of a much larger array of other physical objects in the End Product. For example, if you are creating a real-world, physical human skeleton for manufacture for sale, it is permitted to add a 3D printed human head that exactly resembles the Purchased 3D Content , but it is not permitted to sell the 3D printed head by itself. Another permitted example of a 3D Content being a small part of a larger array is using a 3D Content that ends up within an automobile as a part of the automobile.

b. No Depicted Intellectual Property

You may NOT reproduce Depicted Intellectual Property in any End Product of Physical Form for any purpose. For example, you may NOT make Physical Form End Products of a copyrighted character (Spiderman, Elsa, Slimer), or branded technology (Apple, Toshiba, Samsung).

3D Industry Promotional Use 

If Content Browser has granted you, as a hardware or software partner, access to priced 3D Contents on a free-of-charge basis, your use of 3D Contents is restricted to internal testing for your 3D software or hardware products, and to the promotion of your software or hardware products with End Products of Imagery provided that an attribution of the artist’s name and the Site are included. You agree that should any 3D Contents be used outside of these purposes in ways that are normally allowed after a Purchase, that you will notify Content Browser and promptly Purchase the 3D Contents and otherwise comply with the terms herein.

Unauthorized Use 

If you use 3D Contents in an unauthorized way, Content Browser may terminate your account and pursue other penalties, damages, losses, and profits Content Browser is entitled to under this agreement or at law or equity. The following are unauthorized uses that are explicitly prohibited:

Competition 

You may NOT use 3D Contents in a way that competes with the Site, including distributing through 3D Content Clearinghouses. You may NOT publish, distribute, or make 3D Contents available through any online clearinghouse infrastructure. You may not redistribute 3D Contents as part of any design template, After Effects template, stock photography, video or clip art for distribution or licensing through any online stock media clearinghouse whatsoever.

Re-Distribution. 

You may NOT re-distribute, publish, or make 3D Contents available to any third party except in the form of a permitted End Product or shared as authorized in this agreement.

Group Buying 

You may NOT aggregate funds to Purchase 3D Contents with one or more other parties. An example of this prohibited use is a website membership where members pool their money to make a single Purchase that is shared by the members of the group. Each such member must Purchase individually.

No Obscene or Unlawful Use 

You may NOT use 3D Contents for any defamatory, harassing, pornographic, obscene, or racist purpose, or to infringe any party’s Depicted Intellectual Property rights.

False Attribution 

You may NOT misrepresent yourself as the creator of 3D Contents.

Resellers 

The license granted herein is wholly transferable by an authorized reseller (“Reseller”) to another party (“Transferee”). Each transferred license must be transferred entirely and all transferred 3D Contents must be permanently deleted from the Reseller’s systems after the transfer. When transferring the license, Reseller represents and warrants that the Reseller has the authority to bind the Transferee to these terms. The Reseller is jointly and severally responsible with any Transferee and each is liable for the transferee’s use and compliance with Content Browser’s Terms of Use and Site’s policies and procedures as well as any financial obligations hereunder.

Warranties And Representations

Content Browser warrants and represents that:

• Content Browser ‘s contributors have granted Content Browser all necessary rights in and to the Content to grant the rights set forth in Part I or Part II as applicable.

• Video and Images in its original unaltered form and used in full compliance with this agreement and applicable law, will not:

a. Infringe any copyright, trademark or other intellectual property right; 

b. Violate any third parties’ rights of privacy or publicity; 

c. Violate any US law, statute, ordinance, or regulation; or 

d. Be defamatory, libelous, pornographic or obscene.

• Editorial content in the original unaltered form and used in full compliance with this agreement and applicable law, will not infringe a third party’s copyright, it being understood that the foregoing warranty does not apply to elements depicted in the Editorial content.

• While Content Browser makes commercially reasonable efforts to ensure the accuracy of keywords and descriptions, as well as the integrity of  Content designated “Editorial Use Only”, Content Browser MAKES NO WARRANTIES AND/OR REPRESENTATIONS REGARDING ANY: 

a. KEYWORD, TITLES OR DESCRIPTIONS; OR

b. AUDIO IN VIDEO. For the sake of clarity, Content Browser will not indemnify or have any liability in respect of any claims arising from inaccurate keyword, titles or descriptions, any audio in Video.

• Content Browser MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN THIS “WARRANTIES AND REPRESENTATIONS” SECTION.

You covenant, represent, and warrant to Content Browser that:

• You have full right, power, legal capacity, and authority to enter into and perform this agreement, have obtained any third-party consent needed to do so, and, prior to any Purchase, had an opportunity to seek independent legal counsel.

• You will not use Contents except pursuant to the terms of this agreement. Should you use Contents in an unauthorized way, you agree to any reasonable fee or penalty exercised by Content Browser under this agreement or applicable law.

• You will, prior to Purchase, determine the need for and, if appropriate, obtain any needed third-party clearance, consent, or release to use Depicted Intellectual Property shown in the digital rendering of 3D Contents , and shall not use Contents to infringe any party’s Depicted Intellectual Property rights.

• You will immediately notify Content Browser of any legal claim or challenge against your use of Contents or any other rights issue, before disclosing such issue to any third-party.

Limitation of Liability

Contents are provided on an “as is”, “as available”, and “with all faults” basis. Content Browser makes no representations, warranties, conditions, or guarantees as to the usefulness, quality, suitability, truth, fitness for a particular purpose, non-infringement, merchantability, or cosmetic attributes of Contents, and does not guarantee the accuracy or completeness of specifications associated with 3D Contents, including measurements, weight, durability, strength, materials, general physical properties, regulatory compliance, other engineering or construction attributes.

Indemnification is conditioned upon you notifying Content Browser, in writing, of any such claim or threatened claim, no later than five (5) business days from the date you know or reasonably should have known of the claim or threatened claim

Such notification must include all details of the claim then known to you (e.g., the use of Content at issue, the name and contact information of the person and/or entity making the claim, copies of any correspondence received and/or sent in connection with the claim). The notification must be emailed to Content Browser at [email protected], with a hard copy to Content Browser, TIKKE LLC, 3 Germay Dr Ste 4 – 4893 Wilmington, DE 19804, Attention: General Counsel, via certified mail, return receipt requested; or overnight courier, recipient’s signature required. Content Browser shall have the right to assume the handling, settlement or defense of any claim or litigation to which this indemnification applies. You agree to cooperate with Content Browser in the defense of any such claim and shall have the right to participate in any litigation at your own expense. You agree that Content Browser is not liable for any legal fees and/or other costs incurred by you or on your behalf prior to Content Browser having a reasonable opportunity to analyze such claim’s validity.

You assume all risk for any damage to your computer systems and network for any damage to your computer system by obtaining Contents, including any damages resulting from computer viruses.

To the fullest extent permitted by law, Content Browser shall not be liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Site, even if Content Browser has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence). To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental, or consequential damages, portions of the preceding limitation or exclusion may not apply, but should be construed to the greatest extent applicable in such jurisdictions.

Indemnification

Licensee shall defend, indemnify and hold harmless Content Browser and their respective officers, subsidiaries, affiliates, shareholders, directors, agents, contractors, members, representatives and employees from any and all losses, demands, damages, liabilities, court costs and expenses (including attorneys’ fees, costs and expert witnesses’ fees), arising out of or as a result of a claim, suit, demand or action relating to or arising from: 

• Licensee’s exercise of its rights hereunder; 

• Any actual or alleged breach by Licensee of this Agreement; 

• Licensee’s failure to obtain any required release; or 

• Licensee’s negligence or willful misconduct. If you are prohibited by law from entering into the foregoing indemnification obligation, then you assume, to the extent permitted by law, any and all losses, damages, liabilities, court costs and expenses (including attorneys’ fees, costs and expert witnesses’ fees), arising out of or as a result of a claim, suit, demand or action that are the stated subject matter of the foregoing indemnification obligation.

Our Indemnification Obligations

Provided that an Indemnified Content is used in accordance with the Terms, and subject to section 

Conditions to Indemnification

We will defend any third-party claim, action, or legal proceeding made against a person or entity during the term of the Terms that alleges that your use of the Indemnified Content directly infringes the third party’s copyright, trademark, publicity rights, or privacy rights (“Infringement Claim”). “Indemnified Content” means a Content that 

• You have downloaded and paid for; and 

• Is not designated as “editorial use only.” We will pay you the damages, losses, costs,

expenses, or liabilities directly attributable to an Infringement Claim and which are either finally awarded by a court of competent jurisdiction against you or agreed to in a written settlement agreement signed by us.

Conditions to Indemnification 

We will have no liability for any Infringement Claim:

that arises from: 

• Any modification of a Content;

• Any combination of a Content with any other materials or information; 

• Any use of a Content after we have instructed you to stop using the Content; 

• The context in which the Content is used; or

if you fail to: 

• Notify us in writing of the Infringement Claim promptly upon the earlier of learning or receiving

• Notice of it, to the extent we are prejudiced by this failure; 

• Provide us with reasonable assistance as requested for the defense or settlement of the Infringement Claim; 

• Provide us with the exclusive right to control, and the authority to settle, the Infringement Claim; or 

• Refrain from making admissions about the Infringement Claim without our prior written consent.

Disclaimers 

We are not responsible, and expressly disclaim any liability, for: 

• The accuracy of any Content, including any related descriptions, categories, captions, titles, metadata, or keywords included with any Content; and

• Feedback, materials, or answers to questions provided to you by us or our representatives, whether about these Terms, your use or proposed use of a Content, or otherwise, all of which are provided as a courtesy only and do not constitute legal advice

Reservation

If you have actual knowledge, or if you or Content Browser reasonably believe, that a Content may be subject to a third-party claim, then we may instruct you to cease all use, reproduction, modification, display, performance, distribution, and possession of such Content, in which case you must 

• Promptly comply with such instructions; and 

• Ensure your clients, distributors, employees, and employers, as applicable, also stop using the Content. 

 We may, at any time 

• Discontinue the licensing of any Content; and 

• Deny the downloading of any Content. 

Effect of Termination

If we terminate your right to use any Content(s) due to your breach of the Terms, you must cease all use, reproduction, modification, display, performance, distribution, and possession of any such Content(s).

Unauthorized Use and Termination

Any use of Licensed Content in a manner not expressly authorized by this Agreement constitutes copyright infringement, entitling Content Browser to exercise all rights and remedies available to it under copyright laws around the world. Licensee shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party. In addition and without prejudice to other remedies under this Agreement, you agree to pay to Content Browser a fee equal to up to 25 times the amounts paid hereunder for the unauthorized use of the Licensed Material. Content Browser has the right to terminate this Agreement in the event Licensee: 

• Enters the Agreement after having received notice of unauthorized use relating to the Licensed Content; 

• Provides inaccurate information regarding its proposed use of the Licensed Content at the time of entering the Agreement; 

• Fails to pay the License Fee on the due date; or 

• Otherwise breaches the terms of this Agreement. Upon termination, Licensee must immediately stop using the Licensed Content; and 

• Destroy or, upon request, return the Licensed Content and, in the case of termination for cause, the Licensee Work in the possession or control of Licensee.

Other Terms

Condition of Licensed Content

Because the Licensed Content is not represented or warranted to be accurate, complete, reliable or free of errors, defects or harmful components, Licensee should examine all Licensed Content for possible defects (whether digital or otherwise) before downloading or using any Licensed Content for Reproduction. Without prejudice to Sections “Warranties And

Representations” and “Limitation of Liability” above, Content Browser shall not be liable for any loss or damage suffered by Licensee or any third party, whether directly or indirectly, arising from any alleged or actual defect in any Licensed Content, its caption or in any way from its Reproduction.

No Cancellation by Licensee

All purchases are final upon receipt by Licensee of an email confirming the order and enclosing the Invoice. Except as expressly set forth in this Agreement, Licensee shall have no cancellation or termination rights with respect to any License granted under the terms of the Agreement or any future subscription agreement. In the event of a reversal (“Reversal”) of any payment made in connection with the Licensed Content, Licensee’s rights to use the Licensed Content shall be deemed an Unauthorized Use pursuant to Section “Unauthorized Use and Termination” herein.

Audit/Certificate of Compliance

Upon reasonable notice, Licensee shall provide sample copies of Reproductions and End Product containing Licensed Content to Content Browser, including by providing free of charge access to any pay-walled or otherwise restricted access website or platform where the Licensed Content is Reproduced or the End Product resides. In addition, upon reasonable notice, Content Browser may, at their discretion, through their own employees or through a third party, audit Licensee’s records directly related to this Agreement and use of Licensed Content or End Product in order to verify compliance with the terms of this Agreement. If any such audit reveals any noncompliance with this Agreement, in addition to all other available remedies, Licensee shall reimburse Content Browser for the costs of conducting such audit. Where Content Browser reasonably believes that Licensed Content is being used outside of the scope of the License granted under this Agreement, Licensee shall provide a certificate of compliance signed by an officer of Licensee, in a form to be approved by Content Browser.

Electronic Storage

For all Licensed Content that is delivered to Licensee in electronic form, Licensee must retain the copyright symbol, the Licensed Content’s identification number and any other information as may be embedded in the electronic file containing the original Licensed Content. Licensee may not make additional high-resolution copies of the Licensed Content, and Licensee shall maintain a robust firewall to safeguard against unauthorized third-party access to the Licensed Content. Notwithstanding the foregoing, Licensee may make one (1) high-resolution backup copy of the Licensed Content for security purposes only.

Severability

If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.

Waiver

No action of Content Browser, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of Content Browser in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by Content Browser of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion

Withdrawal

Upon notice , or upon Licensee’s knowledge, that any Licensed Content may be subject to a claim of infringement, misappropriation or other interference of another’s right or Intellectual Property, Licensee may be required to immediately and at its own expense: 

• Stop using the Licensed Content (including, without limitation, any End Product containing a Reproduction of the Licensed Content); and 

• Delete or remove the Licensed Content from its premises, computer systems and storage (electronic or physical) (including, without limitation, deleting or removing the Licensed Content, or any derivative thereof, from any End Product)

Integration

This Agreement contains all the terms of the license agreement. No terms or conditions may be added or deleted. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order sent by Licensee, the terms of this Agreement shall govern.

Injunctive Relief 

In the event of your or others’ unauthorized access to, or use of, the Contents in violation of these Terms, you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction, without providing notice or opportunity to cure.

Assignment

Content Browser may not assign its rights under this agreement without providing you notice, except in the case of a bankruptcy, merger, acquisition, sale of all or substantially all of Content Browser’s assets to a subsequent owner or operator, or similar event.

Your assignment rights vary based on the licensing tier of your purchase:

For the Personal Licenses, you may not assign your rights under this agreement without the prior written consent of Content Browser.

For Standard and Extended Licenses, you may assign your rights under this agreement without the notice and consent of Content Browser.

Governing Law

This agreement is governed by Delaware law, excluding conflict of law principles. Any action or proceeding arising out of or related to this agreement must be brought in a state or federal court located in Delaware, and both parties irrevocably submit to the exclusive jurisdiction of such courts. All notices, requests and other communications under this agreement must be in writing (e-mail messages shall be deemed writings).

Notice 

Any notice under this agreement shall be via email to [email protected] with a copy to [email protected], provided that you receive an acknowledgement email from a Content Browser representative within 5 business days. If no such acknowledgement email is received, notice must be in writing and delivered by mail to the following address.

Content Browser

TIKKE LLC

3 Germay Dr

Ste 4 – 4893

Wilmington, DE 19804

Taxes

The fees charged by Content Browser are exclusive of taxes, and all such taxes, direct or indirect, shall be in addition to any fees related to the products you are buying. If Content Browser is required to collect indirect and/or transactional taxes (such as sales tax, value-added tax, goods and services tax, et al) under the laws of your state or country of residence, you shall be liable for payment of any such indirect tax. Where Content Browser or you are required to collect or remit direct or indirect taxes, you may be required to self-assess said tax under the applicable laws of your country of residence.You acknowledge and agree that your country of residence is the same as your billing address, as is provided by you to Content Browser in connection with your account.

Import/Export Regulations

3D Contents may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall with 3D Contents:

• Obtain any export, re-export, or import authorizations required by U.S. or Your local laws; 

• Not design, develop or produce missile, chemical/biological, or nuclear weaponry; and 

• Not provide 3D Contents to prohibited countries and entities identified in the U.S. export regulations.

English 

This agreement may be translated into other languages, but English is the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.

Publicity 

The following advertising, marketing, and publicity rights are granted to Content Browser for each licensing type:

• Personal License purchases may be fully publicized by Content Browser and you hereby grant Content Browser the right to use you and your company’s name, logo, and project name on the Content Browser website and in its related marketing and advertising materials.

• Standard and Extended License purchase may not be publicized by Content Browser in any way without prior written permission of the purchaser.

Time limitations on any claim hereunder 

Any claim by you hereunder, including without limitation a claim for indemnification under section “Limitation of Liability” must be made within two years of purchasing the 3D Content.