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Professional 3D Asset Libraries

End User License Agreement EULA

[vc_row][vc_column][vc_column_text]SIA’’InDizains’’ END-USER LICENSE AGREEMENT FOR BLENDFAB

BlendFab (www.blendfab.com) is a subscription-based web platform owned and operated by architecture, interior design and 3D Graphic studio SIA “InDizains”. BlendFab offers a synchronization to library of textures, 3D models, PBR Materials and HDRs for digital artists for their projects (the “Service”). This website, www.blendfab.com, is owned and operated by Architecture, Interior design and 3D Graphic studio SIA “InDizains” | SIA “InDizains”. This End-User License Agreement (this “Agreement”, “EULA”, “License” ) applies to all users of the Service (collectively or individually, “You”, “Users”, “Customer” ).
Before using the service, please read this agreement carefully. By registering account and clicking on “register”, you acknowledge that you have read, understood, and agree to be bound by this agreement. If you do not agree to all of the terms and conditions of this agreement, then you will not be able to register on BlendFab web platform.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.

1. ACCEPTANCE
1.1. This Agreement is a legal agreement between You and BlendFab, and governs your use of the Service and related products and services provided to You by BlendFab. The purpose of this Agreement and the License is to allow You to use the Service during the Term on the terms and conditions stated in this Agreement, to develop products for either personal or commercial use (“Customer Assets”), as applicable under Your License. This EULA is made effective beginning on the earliest of the date on which you first accept this EULA, access or otherwise use the Service (the “Start Date”).

2. ACCOUNTS
2.1.To use the Service, you must either:
• register an account via the BlendFab website;
2.2. The number of other people who are permitted to use the Service (“Permitted Users”) will be determined according to the terms of use of the BlendFab Services.
2.3. You may not, under any circumstances, whether intentionally, or through negligence or inaction, allow or enable persons other than the Permitted Users to access your account, unless specifically permitted in writing by BlendFab.
2.4. You may delete your account at any time.

3. REGISTRATION
3.1. When registering an account You must provide BlendFab with a valid email address and password which will be registered by BlendFab. BlendFab may save your IP address and MAC address etc. You acknowledge and agree that You will:
• provide true, accurate, current, and complete information as requested when registering an account; and • maintain and update this registration information to keep it true, accurate, current, and complete.
3.2. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to any computer, smart phone, tablet or other device that You use for accessing the Service and You hereby accept sole responsibility for all activities that occur under your account.
3.3. BlendFab and its affiliates reserve the right to refuse the Service, terminate accounts, remove or edit content and delete assets or cancel orders in their sole discretion if you provide registration information which is false, inaccurate, not current, or incomplete.
3.4. BlendFab may share your registration information with its partners, affiliates, and third parties to handle and deliver certain online activities necessary to operate the BlendFab businesses (e.g., process orders and payments etc.).

4. INTERNET ACCESS
A high-speed Internet connection is required for proper transmission of and access to the Service. You are responsible for procuring and maintaining the network connections that connect Your network to the Service.
BlendFab (we) are not responsible for notifying You of any upgrades, fixes or enhancements to any software or for any compromise of data, including Your Data, transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned, operated or controlled by BlendFab or our partners. We assume no responsibility for the reliability or performance of any connections as described in this section.

5.THE SERVICE
5.1. The Service comprises a synchronization with the libraries of 3D Models, PBR Materials, Textures, HDRs called (“BlendFab Assets / BlendFab Asset Libraries”), which are gathered and collected by architecture, interior design and 3D graphic studio SIA“InDizains”. Part of textures and 3D models to SIA ”InDizains” are provided by manufacturers and distributors. Payment of the applicable fees entitles You to use the Service, through the BlendFab Website and through the Synchronizatin Folders according to the Terms of Use.
You or any third party is strictly prohibited from using the BlendFab Assets in any other products or services or develop products and services that competes with the BlendFab products and services.

6. THE LICENSE
6.1. BlendFab Asset User
The BlendFab Asset User Licence (LICENCE) are applied to anyone who is registering account on the BlendFab web platform. Any content and / or assets that you have permitted access can be used to develop the products and services that is not against the rule 5.1. on this Membership Agreement. This LICENCE is applied to anyone who is registering the account on the BlendFab website and prohibits to share or distribute further The BlendFab provided 3D Models, PBR Materials, Textures, HDRs or any other assets.

6.2. Contacts
If you have questions regarding the license please contact the BlendFab Team at blendfabteam@gmail.com

6.5. Suspension of Account
If BlendFab in its sole discretion deems that You are misusing Your license, it may shut down Your License and Account and access to the Service effective immediately and terminate this Agreement. Any prohibited use of the Service will result in termination of this Agreement and the License and an obligation for You to compensate BlendFab for any and all losses and damages which it incurs.

7. FEES FOR SYNCHRONIZATION
7.1. The Service is offered as a Subscription for Synchronization:
• on an annual basis;
7.3. The fees for the Service are stated in the Service, on our Website, or otherwise notified to you in writing (“Fees”). BlendFab holds any rights, to change the annual fee for the SERVICES. , at any time, without any notifications and notices provided However, such changes will not affect the Fees paid and payment terms for any Subscription to Synchronization services already purchased and paid for in full.
7.4. All Fees are payable in advance and are not refundable in whole or in part, unless stated otherwise by BlendFab in writing or otherwise in accordance with this Agreement.

8. REFUND POLICY
IF the event of the BlendFab Asset Libraries not functioning properly:
• which causes You to be unable to fully enjoy the Service as reasonably expected; and • You have notified the BlendFab customer support of the malfunction; and • The BlendFab is not able to properly fix the malfunction or provide a replacement of any BlendFab Asset within reasonable time, BlendFab may in its sole discretion offer you a full or partial refund of the Fees paid and/or Credits used. Please contact the BlendFab customer support at blendfabteam@gmail.com for support and/or refund issues.

9.ACCESS
In consideration of the payment of the applicable Fees and subject to your compliance with these terms, BlendFab shall provide You with access to the Service and enable You to access and use the Service. If the BlendFab is unable to process any applicable payment at any time, your access to the Service may be suspended or terminated at BlendFab discretion.

10.GRANT OF LICENSE
Subject to the terms of this Agreement and your continued compliance with the applicable, BlendFab grants You a limited, non-exclusive, revocable license that is nonsublicensable and non-transferable to access and use the Synchronization Service.

11.NO RIGHT TO CREATE AND SELL THE BLENDFAB ASSETS
The Service must only be used for creating Assets which are integrated into your own unique creations such as an image, animation of video games. You must not sell, license or otherwise provide access to BlendFab Asset Libraries (modified or in original format) to third parties on a stand-alone or re-distributed manner which is the same or similar to that provided by BlendFab under this Agreement. Any breach or attempted circumvention of this clause may result in immediate termination of this Agreement and/or access to the Service permanently suspended.

12.CONSENT TO USE OF DATA
You agree that BlendFab may collect and use technical information and data gathered as part of the support services provided to You, if any, related to the Service and BlendFab may share generic, non-customer specific information with its affiliates and partners but no customer specific data, and not to any other third party. BlendFab, affiliates and partners may use such generic information for various metrics. BlendFab may use this information solely to improve the Service, its products and services or to provide customized services or technologies to the customers and will not disclose this information in a form that personally identifies You, without your consent.

13.INTELLECTUAL PROPERTY RIGHTS
BlendFab owns all right, title, copyright, and other intellectual property rights and interest, including but not limited to all trademarks, service marks, and trade names in the Service, software, material, any documentation and any copies there of and retains all such rights and any other products and services. Except as expressly granted in this EULA; no license, right or interest in any patent, trademark, copyright, trade name or service mark is granted to You. The Service is licensed, not sold.
13.1. You agree not to assert against BlendFab’s any claim, action or proceeding for infringement of any patents, patent rights or other intellectual property rights.
13.2. You are not required to provide any ideas, feedback or suggestions regarding the Service or any of the BlendFab products or services (collectively, “Feedback”) to tBlendFab. To the extent you do provide any Feedback to BlendFab, you agree to assign and hereby do assign all right, title and interest in and to such Feedback to
BlendFab and acknowledge that BlendFab may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such Feedback without payment of any royalties or other consideration to you.

14. LICENSE RESTRICTIONS
14.1. You agree to abide by all applicable laws and regulations in using the Service.
14.2. You agree not to:
• attempt to reverse engineer, decompile, translate, or disassemble the Service or related software or materials; • rent, lease, or transfer the Service, or related software or materials; • disclose the results of any performance benchmarks of the Service or related software or materials to any third party without BlendFab’s prior written consent; • use the Service for any illegal purpose; • use the Service in any manner which violates the rights of a third party, including without limitation intellectual property rights; • use the Service in any manner that breaches the EULA; or • take any action that imposes an unreasonable or disproportionately large load on the Service, System or servers etc.
14.3. You may not without specific prior written consent from BlendFab:
• use your own or third-party software to modify any content appearing within the Service or its environment or change how the Service is used; or • use the Service or any information accessible through the System, to bypass the System login architecture or create or provide any other means through which the System may be accessed and/or the Services may be used by others.

15. ELECTRONIC COMMUNICATIONS
You consent to receiving communications from us electronically. We will communicate with You by email or by posting notices in the BlendFab website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

16. TERMS AND TERMINATION
16.1. The term of this EULA and the license granted herein shall begin on the Start Date and be ongoing until terminated. You can terminate your license at any time and your license and payment obligations will expire at the end of the current term. You can terminate your license by registering such termination in written by contacting the BlendFab Team via e-mail: blendfabteam@gmail.com. BlendFab may terminate this Agreement and your license at any time with 5 days notice and provide you with a pro rata refund if you have any unused time remaining
on your subscription. Termination of the EULA will result in your account being deactivated and your BlendFab License being deactivated.
16.2. Notwithstanding anything to the contrary herein, this EULA shall terminate upon breach of any term or provision of this EULA, which You have not cured within 10 days of notice of the breach by BlendFab.
16.3. Upon expiration or termination of this agreement you shall:
• immediately cease use of the Service; and • destroy all copies of the Service, BlendFab Asset Libraries e.t.c. within your possession and any item containing confidential information, and all of its component parts, within your possession, unless your use is otherwise specifically permitted by BlendFab.
16.4. If the BlendFab terminates the Service for your breach, you will not receive a refund of prepaid Fees.

17. CONFIDENTIALITY
You acknowledge that Service, related materials and any documentation etc., contains confidential and proprietary information. You agree to maintain the confidentiality of the Service and related materials and documentation during the term of this EULA, and for a period of 5 years after termination of this EULA. You agree to take commercially reasonable steps to ensure that confidential information is not disclosed or distributed by You.

18. DISCLAIMER OF WARRANTY
BlendFab will use reasonable efforts to provide You with a service that is fast, reliable and enjoyable. However, BlendFab makes no representation or warranty as to the completeness or accuracy of the Service or information contained therein, nor does it represent or warrant that the Service will be available at all times or that it will function in a manner or as fast or efficient as You may expect or desire.
The information contained in the Service may be incomplete, may contain errors, or become out of date at any time. The Service is provided on an “as is” basis without any express warranties.
BlendFab shall have no obligation to correct errors in, provide updates for or otherwise support the service. BlendFab reserves the right to add, modify, or delete its services at any time. You bear the risk of using it. BlendFab does not give any express or statutory representations, warranties, guarantees or conditions. BlendFab also excludes all implied warranties, including any warranty of merchantability, title, durability, fitness for a particular purpose and non-infringement etc.
Nothing in this agreement shall affect those statutory rights which you may be entitled to as a consumer and that you cannot contractually agree to alter or waive. The limitations and exclusions of liability do not apply if and to the extent you sustain damages which were caused by gross negligence or willful misconduct of BlendFab.

19.LIMITATION OF LIABILITY AND REMEDIES
19.1. Under no circumstances including negligence (unless otherwise required by applicable law), shall BlendFab (including breach of any warranty hereunder) be liable for any direct, indirect, punitive, special, incidental, or consequential damages that result from your use of BlendFab or related documentation or in connection with or arising out of or relating to this Agreement (including loss of business, revenue, profits, use, data, or other economic advantage), even if any exclusive remedy provided for in this Agreement fails of its essential purpose and even if BlendFab or a BlendFab authorized representative has been advised of the possibility of such damages.
19.2. Notwithstanding any damages that You might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of BlendFab and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder shall be limited to the actual damages You incur in reasonable reliance on BlendFab up to the amount actually paid by You for the service. In no event shall BlendFab aggregate liability for all incidents during the term of the Agreement exceed the aggregate amount actually paid by You for the service. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
19.3. In order to be entitled to any indemnification or compensation from BlendFab , subject to clause 21, You must:
• promptly notify BlendFab in writing of the claims (whether or not litigation or other proceeding has been filed or served); • give BlendFab, at the BlendFab option and expense, sole control over the defence and/or settlement of the claims; and • at your own expense, You shall cooperate with BlendFab in all reasonable aspects in connection with the defense of any such claim.
BlendFab shall have no liability to You in the event that You have failed to comply with the terms of this Agreement.

20. INDEMNIFICATION
Your use of BlendFab constitutes your agreement to defend, indemnify, and hold harmless BlendFab, its parents and affiliates, partners, and their respective employees,
contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of your use or misuse of BlendFab and the rights granted under this Agreement. You agree that BlendFab may seek and shall be entitled to injunctive, equitable, or other similar relief to protect, maintain, defend, enforce, and preserve such rights, in addition to any other available remedies without the necessity of posting a bond.

21. ARBITRATION
Any dispute or claim arising out of or in connection with this Agreement, including (without limitation) any question regarding the existence, validity, breach or termination of this Agreement must first be the subject of arbitration, administered by the European Court of Justice (ECJ). The arbitration must be conducted and held in accordance with and subject to the laws of Latvia, and may be held either in Latvia or Brussels, or via video conferencing, as agreed between the parties.

22. CLAIMS
You and BlendFab agree that any cause of action arising out of or related to this agreement or the Service must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

23. GOVERNING LAW
This Agreement is governed by the state laws of Latvia and Court of Justice (ECJ), and the federal laws of Latvia and Court of Justice (ECJ). To the extent permitted by law, the state and federal courts of Latvia and Court of Justice (ECJ) will be the exclusive jurisdiction for disputes arising out of or in connection with this Agreement.

24. MODIFICATION
BlendFab reserves the right, at its discretion, to update or revise the EULA at any time. BlendFab will post such changes in its BlendFab website, and/or communicate such changes via email or otherwise communicate such terms to you in a suitable manner decided by BlendFab and these additional or revised terms will become part of the EULA effective immediately. Please check the BlendFab website – the EULA periodically for changes. Your continued use of BlendFab constitutes your binding acceptance of the EULA, including any changes or modifications made by BlendFab as permitted above.

25. WAIVER
A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect
such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

26. SEVERABILITY
If any provision of this Agreement is invalid then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any other part or provision of this Agreement.

27. ASSIGNMENT
You shall not, without the prior written consent of BlendFab, assign, transfer, or license or deal in any other manner with all or any of Your rights or obligations under this EULA. BlendFab may at any time assign, transfer, subcontract or deal in any other manner with all or any of its rights or obligations under this EULA without notice to You.

28. NO PARTNERSHIP
This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture between BlendFab and You. Neither party shall have any right bind the other party in any manner whatsoever, and nothing in this Agreement gives any rights of any kind to any third persons.

29. INDEMNIFICATION
This EULA constitutes the entire agreement between the parties with respect to this specific subject matter hereof and shall not be modified except as provided in this Agreement.[/vc_column_text][/vc_column][/vc_row]

Registration confirmation will be emailed to you.


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