WONDAR STUDIOS MARKETPLACE CONTENT END USER LICENSE AGREEMENT

Updated September 30, 2022

You (either an individual or an entity, henceforth referred to as “you”) and Bapu Srls (“Wondar Studios”) are parties to this Wondar Studios Marketplace Content End User License Agreement, which regulates how you use the Content (as defined below).

If you do not agree with or understand these terms and conditions, you should not use the Wondar Studios member services or buy content from Wondar Studios. By creating a member account or buying content from Wondar Studios Marketplace, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.

Refund Policy

Wondar Studios Marketplace offers a real-time online preview service with no refund policy. Before making any purchases, kindly take the time to thoroughly read the content. There are no refunds for any purchases made through Wondar Studios Marketplace.

1. Definitions

1.1. Content – refers to any of the digital assets available at Wondar Studios Marketplace (hereafter referred to as “The Site”), such as 3D models, textures, materials, animations, VH, FBX, OBJ, photos, image sprites, and any other proprietary formats from third parties as well as Wondar Studios.

1.2. Member – refers to any individual who opens a member account on the Wondar Studios Marketplace and/or any individual or company who buys content there.

1.3. Vendor – refers to anyone who produces content at the Wondar Studios Marketplace, including Wondar Studios and Content Developer.

1.4. Developer – refers to Wondar Studios’s Member who registers as a Content Developer and plans to publish and distribute its creative contents at Wondar Studios’ Stores.

1.5. Royalty Free – refers to a one-time payment, and you will not be required to make any other payments or pay any royalties, fees, costs, or expenses in exchange for using the Content in the future.

1.6. Editorial Use Only Contents – refers to those Contents without model releases that may have logos, company names, or identifiable individuals in them. Only for Editorial Use.

The contents of Wondar Studios’ stores will be clearly labelled, and you are only permitted to use them for editorial purposes such as news articles, blog posts, non-commercial multimedia presentations, theses, textbooks, or films.

2. License

You are given a limited, global, royalty-free commercial license by the vendor to use the content in accordance with the terms of the relevant license. All ownership rights, titles, and interests in the Content and related files are retained by the Vendor. There are two categories of licenses that may be awarded here, and each category has its own set of authorizations and restrictions. Members are free to choose the license that best suits their requirements.

2.1. STANDARD LICENSE

A. License Granted.

(A)According to the output specifications in this Agreement, you may use the Content to generate, copy, modify, sell, and distribute your creations with full ownership and use-rights in image or video file formats (“Imagery Use”). The use of images in publications, news, movies, television shows, video projects, multimedia projects, theatrical displays, software user interfaces, architectural drawings, games, virtual worlds, and publications is referred to as “imagery use.”
(B)You can create, sell, and distribute your works with full ownership and use-rights in games, AR/VR projects, and interactive services by using the Content to copy, modify, or generate them.
(C)Physical form. The tangible forms of 2D and 3D prints, such as books, caps, t-shirts, packaging materials (such as boxes and stickers), are included in the imagery use. The tangible items created via 2D printing may be used for business. Any three-dimensional artwork created using the Content is solely allowed for private use.
(D)For the client. You may incorporate the Content into a project you develop for a customer, and the client is free to utilize the project both physically and for image use..

B. Restrictions.

Competition. You may not distribute the Content or Derivative Content through image libraries, stock video, the online market for 3D models, or any other comparable service in a way that competes with Wondar Studios.
Redistribution. The Content may NOT be imported, uploaded, reproduced, made available, published, transmitted, distributed, or subject to a sublicense.
Following scenarios or uses of the Content are NOT permitted:

a. Buying in-app content
b. Character creation in-app
c. License for character generating API
d. As AP or internet service content embedded
e. Making a mold for mass production or selling al training/deep learning 3D prints or both are options.

2.2. ENTERPRISE LICENSE

A usage not covered by the Standard License in this Agreement may be requested by the Member. Wondar Studios will get in touch with you to discuss the Enterprise License on a case-by-case basis.

3. Editorial Use Only

If any of the content you purchased is designated as “Editorial Use Only,” you may only use it in an editorial capacity. The following restrictions apply to editorial use:

3.1. Content may not be used on any items or products that are intended for resale.

3.2. Editorial Use Only The use of the content in advertisements, trade exhibitions, or exhibit displays is prohibited.

Content cannot be incorporated into a logo, trademark, or service mark. 3.3 Editorial Use Only

3.4. Content is intended solely for editorial use and may not be utilized for any commercial endeavors.

4. Workgroup Account

The content that this EULA permits should be restricted to the same purchase account. Wondar Studios offers Workgroup Accounts for studios, businesses, and production facilities to aggregate saved materials under a cloud-synchronized single location to effectively share, download, browse, search, and organize workgroup assets. These accounts are for multiple-seat AP users.

5. Member’s Obligations

5.1. Member shall not use the Content in any manner that could be considered a violation of any statute, law, ordinance, or regulation.

5.2. Member must represent and warrant that its creation does not violate any third-party rights, including but not limited to any trademark, copyright, patent, trade secret, or right of publicity, or infringe upon, misappropriate, or conflict with any such rights.

5.3. Member shall incorporate 3D models into their creations in accordance with reasonable and customary industry practices to prevent unauthorized parties from accessing such 3D models. Member shall ensure that the 3D Models are included in proprietary formats that prevent them from being accessed or imported into software that is accessible to the general public.

5.4. Member shall maintain the copyright symbol, the Vendor’s name, and any other information that may be incorporated in the electronic file containing the original Contents for any Contents that are given to Member in electronic format. A member MAY NOT pretend to be the author of any derivative works or contents.

5.5. Member understands and accepts that Wondar Studios or its licensor is the sole owner of all default contents in the Realluison’s Software and the Contents and that they are not permitted to be released in any third-party marketplace. Only the stores run by Wondar Studios will accept Member’s derivative content for publication and sale.

6. Liability

6.1. Any breach of the terms and conditions outlined in this EULA or the unauthorized sale, duplication, sub-licensing, or publication of any Contents or Derivative Contents constitutes copyright infringement, for which Wondar Studios or its licensor is entitled to use all rights and remedies provided by copyright laws around the world. Any losses brought on by such copyright infringement or violations, including any lawsuits filed by third parties, should be paid for by the defaulting Member.

6.2. Member understands and accepts that Vendor, its officers, directors, employees, and agents are not responsible for any loss or damage arising from or related to their provision of the Contents or Derivative Contents under this Agreement. Insofar as possible, Member agrees to hold Vendor harmless from any liability, loss, damage, or claim—including those resulting from negligence—that may be directly or indirectly related to the use of the Contents or Derivative Contents.

7. Limited Warranty and Disclaimer

7.1. Wondar Studios has made efforts to ensure that the Contents are error-free and usable in the supported software applications or platforms we listed in “The Site,” but it is not possible for Wondar Studios to provide any warranty or guarantee pertaining to the performance of the Contents due to the instability and inconsistency of software, hardware, and operating systems. Purchase

7.2. The Vendor provides the Contents or Derivative Contents “AS IS.” When it comes to the usefulness, quality, suitability, truth, or fitness for a certain purpose, the vendor makes no claims, warranties, conditions, or guarantees. The Member understands that it is his or her obligation to make sure the Contents or Derivative Contents satisfy their particular needs.

7.3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO EXPRESS OR IMPLIED WARRANTY, TERM, CONDITION, OR UNDERTAKING IS GIVEN OR ASSUMED BY VENDOR WITH RESPECT TO THE CONTENTS OR DERIVATIVE CONTENTS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR ANY FITNESS FOR A VENDOR SHALL NOT BE LIABLE TO MEMBER OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, DIRECT OR INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE

8. Term and Termination

8.1. Your possession of the Contents is granted to you only once you have paid for them. All rights provided under this Agreement are immediately terminated in the event that a payment is reversed for any reason.

8.2 If the other party violates this Agreement and fails to correct the violation within ten (10) days after receiving written notice of the violation, either Wondar Studios or Member may terminate this Agreement, unless otherwise provided for in this Agreement.

8.3 Immediately after termination, the Member must stop using the Contents or Derivative Contents and delete or otherwise dispose of them.

9. Contact Information

If you have questions concerning this Terms and Conditions or need to contact Customer Service, please contact Wondar Studios at this e-mail address below:

– Customer Service (purchase): comunicazione@wondarstudios.com

– Licensing Requiring: comunicazione@wondarstudios.com