End User License Agreement (EULA)

For ArtStation Marketplace

Last Updated: 16.04.2025

PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY BEFORE DOWNLOADING OR USING ANY DIGITAL PRODUCT (“PRODUCT”). BY DOWNLOADING, ACCESSING, OR USING THE PRODUCT, YOU (“LICENSEE” OR “YOU”) AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, ACCESS, OR USE THE PRODUCT.

This EULA is a legal agreement between you and Texxary UG (haftungsbeschränkt) (“Licensor,” "Texxary", “we,” or “us”), and governs your use of the Product obtained via ArtStation Marketplace. The Product may include, without limitation, textures, 3D models, assets, images, graphics, brushes, or other digital works. All references to the “Product” include updates, enhancements, modifications, or any other content made available by the Licensor.

1. Grant of License

Subject to your payment of all applicable fees and your compliance with this EULA, the Licensor grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download and use the Product, solely as permitted by the specific License Type you have purchased and as set forth below. All rights not expressly granted to you are reserved by the Licensor.

2. License Types

You must select and purchase the appropriate License Type depending on your intended use and the scope of your commercial activity. If you are uncertain which License Type applies to your situation, you must contact the Licensor before using the Product in your project.

2.1 Personal License

• Intended For: Individuals, hobbyists, and small projects.

• Commercial Limit: Total revenue or external funding generated by any project that incorporates the Product must not exceed EUR €100,000 in aggregate.

• Permitted Uses:

  • Personal portfolios, non-revenue-generating creative projects, and proof-of-concept work.

  • Commercial use allowed up to the EUR €100,000 threshold.

• Prohibited Uses: Using the Product in projects exceeding the EUR €100,000 revenue/funding threshold without upgrading to a higher license tier.

2.2 Freelance License

• Intended For: Freelancers, small studios, or projects with moderate commercial scale.

• Commercial Limit: Total revenue or external funding generated by any project that incorporates the Product must not exceed EUR €500,000 in aggregate.

• Permitted Uses:

  • Commercial projects such as freelance client work, small-scale game development, or independent film production generating up to EUR €500,000.

• Prohibited Uses: Using the Product in projects exceeding the EUR €500,000 revenue/funding threshold without upgrading to a higher license tier.

2.3 Indie License

• Intended For: Independent creators, startups, and mid-sized studios.

• Commercial Limit: Total revenue or external funding generated by any project that incorporates the Product must not exceed EUR €2,000,000 in aggregate.

• Permitted Uses:

  • Commercial projects including indie game development, multimedia productions, and independent publishing with revenue/funding up to EUR €2,000,000.

• Prohibited Uses: Using the Product in projects exceeding the EUR €2,000,000 revenue/funding threshold without obtaining an enterprise or custom license from the Licensor.

2.3 Free License

• Intended For: Individuals, independent creators, and small-to-medium-sized companies with limited annual revenue or funding, exploring or integrating our assets into their workflow.

• Commercial Limit: Total revenue or external funding generated by any project that incorporates the Product must not exceed EUR €2,000,000 in aggregate.

• Permitted Uses:

  • Commercial projects including indie game development, multimedia productions, and independent publishing with revenue/funding up to EUR €2,000,000.

• Prohibited Uses: Using the Product in projects exceeding the EUR €2,000,000 revenue/funding threshold without obtaining an enterprise or custom license from the Licensor.

2.5 Upgrading Your License

If your project’s revenue or funding surpasses the maximum allowed by your current License Type, you must immediately cease using the Product or upgrade to a suitable license tier by contacting the Licensor and paying all applicable fees.

3. Permitted and Prohibited Uses

3.1 Permitted Uses (All License Types)

• You may incorporate the Product into your personal or commercial projects, subject to the revenue limitations of your selected license.

• You may use the Product as part of a larger body of work (e.g., games, films, 3D scenes) where the Product is not the sole or primary value component.

• You may make back-up copies of the Product solely for archival and disaster recovery purposes.

3.2 Prohibited Uses (All License Types)

• Resale/Redistribution: You may not sell, sublicense, redistribute, or otherwise make the Product available in any form that allows others to download, extract, or redistribute it as a standalone item.

• Copyright Removal: You may not remove or alter any copyright notices or metadata contained within the Product.

• Misrepresentation: You may not claim authorship or exclusive ownership of the Product.

• Unlawful Use: You may not use the Product in violation of any law or regulation, or in a manner that infringes the rights of third parties.

• Competing Products: You may not use the Product to create directly competing products that would replace the need for the original Product.

4. Intellectual Property Rights and Ownership

All rights, title, and interest (including all intellectual property rights) in and to the Product remain with the Licensor and/or its suppliers. Your license to use the Product is limited to what is expressly stated in this EULA. This EULA does not transfer or assign any ownership rights to you.

5. Updates and Support

The Licensor may provide updates, bug fixes, or new versions of the Product at its discretion. While the Licensor strives to ensure the Product’s quality, the Licensor is under no obligation to provide ongoing support or updates unless otherwise stated.

6. Refunds

Refund Policy Purchases via ArtStation Marketplace are subject to ArtStation's refund policy. Please refer to ArtStation's official refund guidelines. The Licensor does not directly handle refund requests for purchases made through ArtStation.
Read more about ArtStations Terms of Service here: https://www.artstation.com/tos
How to request a refund: https://help.artstation.com/s/article/360062416451-Requesting-a-refund-for-a-Digital-Marketplace-purchase?language=en_US

7. Termination

This EULA is effective until terminated. Your rights under this EULA will automatically terminate without notice if you fail to comply with any provision. Upon termination, you must cease using the Product and destroy all copies. Termination does not limit any other rights or remedies available to the Licensor.

8. Disclaimer of Warranties

THE PRODUCT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE LICENSOR DOES NOT WARRANT THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS OR BE ERROR-FREE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PRODUCT. IN NO EVENT SHALL THE LICENSOR’S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Licensor, its affiliates, and agents from any claims, liabilities, damages, losses, or expenses (including attorney’s fees) arising out of your breach of this EULA or misuse of the Product.

11. Governing Law and Jurisdiction

This EULA shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles. You agree that any disputes arising from or relating to this EULA shall be subject to the exclusive jurisdiction of the courts located in Lübeck, Germany, and you consent to personal jurisdiction in such courts.

12. Severability

If any provision of this EULA is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13. Entire Agreement

This EULA, along with any additional terms provided at the time of purchase, constitutes the entire agreement between you and the Licensor regarding the Product and supersedes any prior understandings or agreements.

BY PURCHASING, DOWNLOADING, ACCESSING, OR USING THE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA.