This Marketplace Product EULA (End User License Agreement) applies to all digital downloadable products sold via ArtStation, unless a custom EULA is provided by the seller.
The EULA is an agreement between the buyer and the seller providing the digital goods.
PLEASE READ THIS DOCUMENT CAREFULLY. IT SIGNIFICANTLY ALTERS YOUR LEGAL RIGHTS AND REMEDIES.
BY CLICKING “I AGREE” OR DOWNLOADING OR USING THE DIGITAL PRODUCT TO WHICH THIS EULA RELATES YOU ACCEPT ALL OF THIS EULA’S TERMS, INCLUDING THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON DAMAGES, USE AND TRANSFERABILITY. IF YOU DO NOT ACCEPT THIS EULA’S TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE DIGITAL PRODUCT.
This end-user licence agreement (“EULA”) is a legally binding agreement between you, the licensee (“you” or “your”), and the provider (“we” or “us” or “our”) of the digital products that you acquire through the ArtStation Marketplace (“Products”) regarding your rights and obligations regarding those Products.
In this EULA, “you” means the person or entity acquiring rights in the Products. That may be a natural person, or a corporate or business entity or organization.
(a) If you are a natural person then you must be, and you confirm that you are, at least 13 years old. If you are between 13 years and the age of majority in your jurisdiction of residence, you confirm that your parent or legal guardian has reviewed and agrees to this EULA and is happy for you to access and use the Product.
(b) If you are a corporate entity then: (i) the rights granted under this EULA are granted to that entity; (ii) you represent and warrant that the individual completing and accepting this EULA is an authorized your representative and has the authority to legally bind that you to the EULA; and (iii) to the extent that one or more of your employees are granted any rights in the Product under this EULA, you will ensure that your employees comply with this EULA and you will be responsible and liable for any breach of this EULA by any employee.
ArtStation is a division of Ballistiq Digital Inc., and references in this EULA to ArtStation refer to that corporation. You acknowledge and agree that ArtStation is a third-party beneficiary of this EULA and therefore will be entitled to directly enforce and rely upon any provision in this EULA that confers a benefit on, or rights in favour of, ArtStation.
Subject to this EULA’s terms and conditions, we hereby grant you a limited, non-exclusive, worldwide, non-transferable right and licence to (which will be perpetual unless the licence terminates as set out in this EULA): (a) download the Product; and (b) copy and use the Product. We reserve all rights not expressly granted to you under this EULA.
You are purchasing ONE licence to create ONE copy of the Product for use by you only (or, if you are a corporate entity, for use by a single authorized employee).
If this Product is bundled with a stock digital asset then you receive a limited personal use licence regarding that stock digital asset, and you may use that stock digital asset for your personal use only. You will not use that stock digital asset in any commercial manner unless you purchase a separate commercial licence.
You may purchase one or more licences for the Product. A single licence allows you to install the Product on a single computer at a time for use by a single authorized user. If you are a corporate entity and the authorized employee completing the transaction on your behalf purchases multiple licences, you may choose to store the Product on a single server or shared hard drive for use by a single authorized employee at a time for each licence purchased.
Provided that you comply with the restrictions on users set out above, you may use the Product on an unlimited number of projects.
Subject to the restrictions set out in this EULA, you may copy, use, modify, adapt, translate, distribute, publicly display, transmit, broadcast, and create derivative works from the Product in works you create (“Works”), which may include things like films, videos, multi-media projects, computer games, models, images, publications, broadcasts, documents, and presentations.
If you are a corporate entity, you may make the Product available for use by your employees in accordance with this EULA (for example, by storing the Product on a network server).
You may only share the Product with external people or entities where:
For any other use of the Product by any other party, that party must purchase a licence to the Product.
In addition to any other restrictions in this EULA, you will not:
In addition to the restrictions set out above, the following terms and conditions apply to the following forms of commercial licences for the Product:
If you have purchased a Standard Commercial licence then you may exercise your rights under that licence:
If you have purchased an Extended Commercial licence then you may exercise your rights under that licence:
Except as expressly permitted under this EULA, you will not:
(a) make any copy of the Product except for archival or backup purposes;
(b) circumvent or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of the Product;
(c) hack, reverse engineer, decompile, disassemble, modify or create derivative works of the Product or any part of the Product;
(d) publish, sell distribute or otherwise make the Product available to others to use, download or copy;
(e) transfer or sub-license the Product or any rights under this EULA to any third party, whether voluntarily or by operation of law;
(f) use the Product for any purpose that may be defamatory, threatening, abusive, harmful or invasive of anyone’s privacy, or that may otherwise violate any law or give rise to civil or other liability;
(g) misrepresent yourself as the creator or owner of the Property;
(h) remove or modify any proprietary notice, symbol or label in or on the Product;
(i) directly or indirectly assist, facilitate or encourage any third party to carry on any activity prohibited by this EULA.
The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You are licensing the Product and the right to access, install and use the Product in accordance with this EULA, not buying the Product. As between you and us, we own all right, title and interest in and to the Product, and you are not acquiring any ownership of or rights in the Product except the limited rights granted under this EULA.
You acknowledge and agree that you are licensing the Product from us (the Provider), not from ArtStation, and that ArtStation has no obligation to support the Product.
Your use of the Product might be interrupted and might not be free of errors.
THE PRODUCT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM, AND YOU WAIVE (WITH REGARD TO US AND TO ARTSTATION), ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF THE PRODUCT, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR ARTSTATION REPRESENT OR WARRANT THAT: (A) THE PRODUCT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (B) THE PRODUCT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) ANY DEFECTS IN THE PRODUCT WILL BE CORRECTED.
(a) YOU DOWNLOAD, INSTALL AND OTHERWISE USE THE PRODUCT AT YOUR OWN RISK. YOU AGREE TO, AND HEREBY DO:
(i) WAIVE ANY CLAIMS THAT YOU MAY HAVE AGAINST US OR ARTSTATION OR OUR RESPECTIVE ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY THE “RELEASEES”) ARISING FROM OR RELATING TO THE PRODUCT, AND
(ii) RELEASE THE RELEASEES FROM ANY LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY ARISING FROM OR RELATING TO YOUR USE OF THE PRODUCT, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, EVEN IF THE RELEASEES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE AND EVEN IF THAT LOSS, INJURY OR DAMAGE IS FORESEEABLE.
(b) NEITHER WE NOR ARTSTATION WILL BE LIABLE FOR ANY LOSSES, DAMAGES, CLAIMS OR EXPENSES THAT CONSTITUTE: (I) LOSS OF INTEREST, PROFIT, BUSINESS, CUSTOMERS OR REVENUE; (II) BUSINESS INTERRUPTIONS; (III) COST OF REPLACEMENT PRODUCTS OR SERVICES; OR (IV) LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL.
(c) NEITHER WE NOR ARTSTATION WILL BE LIABLE FOR ANY LOSSES, DAMAGES, CLAIMS OR EXPENSES THAT CONSTITUTE INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, MULTIPLE OR INDIRECT DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, DAMAGES, CLAIMS OR EXPENSES.
(d) MAXIMUM LIABILITY: IF, DESPITE THE LIMITATIONS SET OUT ABOVE, WE OR ARTSTATION BECOME LIABLE TO YOU IN RESPECT OF THE PRODUCT OR OTHERWISE UNDER THIS EULA, THE ENTIRE CUMULATIVE LIABILITY OF US AN ARTSTATION, AND YOUR EXCLUSIVE AND CUMULATIVE REMEDY, FOR ANY DAMAGES (REGARDLESS OF THE CAUSE OR FORM OR ACTION), WILL BE LIMITED TO CAD$10.
As a condition of your use of the Product, you agree to hold harmless and indemnify the Releasees from any liability for any loss or damage to any third party resulting from your access to, installation or use of the Product.
We have no obligation to update the Product.
This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice if: (a) you breach any terms of this EULA; or (b) you do not complete payment for the Product, or any payment you make is refunded, reversed or cancelled for any reason. Upon this EULA’s termination, you will cease all use of the Product and destroy all copies, full or partial, of the Product in your possession. Sections 9, 10, 11 and 13 through 23 will survive the termination of this EULA.
You will comply with all applicable laws when using the Product (including intellectual property and export control laws).
This EULA supersedes all prior agreements of the parties regarding the Product, and constitutes the whole agreement with respect to the Product.
If you have any concerns about the Product, please contact us through our ArtStation Marketplace account and we will work with you to try to resolve the issue. You acknowledge and agree that any such dispute is between you and us, and that ArtStation will not be involved in the dispute and has no obligation to try to resolve the dispute.
This EULA will enure to the benefit of and be binding upon the parties and their heirs, executors, administrators, legal representatives, lawful successors and permitted assigns.
We may assign this EULA without notice to you. You may not assign this EULA or any of your rights under it without our prior written consent, which we will not withhold unreasonably.
No waiver, delay, or failure to act by us regarding any particular default or omission will prejudice or impair any of our rights or remedies regarding that or any subsequent default or omission that are not expressly waived in writing.
The laws of Québec, Canada (including the laws of Canada applicable in Québec), without giving effect to its conflict of law principles, govern your use of the Product, this EULA and all proceedings arising out of it. You attorn to the exclusive jurisdiction of the Québec courts for any proceeding arising out of or relating to the Product or this EULA. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this EULA. Your use of the Product may also be subject to other local, state or provincial, national, or international laws.
This EULA describes certain legal rights. You may have other rights under the laws of your country. This EULA does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
In this EULA, "we", "us", and "our" refer to the licensor of the Product alone and never refer to the combination of you and that licensor (that combination is referred to as "the parties"), or the combination of you or the licensor with ArtStation.
The parties have expressly requested and required that this agreement and all other related documents be drawn up in the English language. Les parties conviennentet exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient rediges en Anglais.