End User License Agreement (EULA)

Effective Date: The date of purchase.

This End User License Agreement ("Agreement") is a legal contract between you ("User") and Ben Ayers ("Licensor") concerning your use of the digital product ("Product") provided by the Licensor.

By downloading, installing, or using the Product, you agree to be bound by the terms of this Agreement.

1. License Grant

The Licensor grants you a non-exclusive, non-transferable license to use the Product for personal and educational purposes only, with the restrictions listed in Section 2 of this Agreement. This license is limited to a single user and expressly prohibits any commercial use.

2. Restrictions

1. No Commercial Use: You may not use the Product for any commercial projects or purposes.
2. No Redistribution: You are prohibited from redistributing, reselling, lending, or re-uploading any part of the Product.
3. No Derivative Works for Distribution: You may not modify or create derivative works based on the Product for distribution.
4. Single User License: The Product is licensed to one user only and cannot be shared.
5. Prohibition of AI Use: You may not use any part of the Product for training artificial intelligence models or algorithms, nor may you alter any part of the Product using AI technologies.

3. Ownership and Intellectual Property

1. Artist's Rights: All rights, title, and interest in and to the original components of the Product—including models, nodes, illustrations, utilities, scripts, artwork, or other items created by the Licensor—remain with the Licensor.
2. Third-Party IP Rights: The underlying intellectual property rights of any characters, designs, or concepts depicted in the Product are owned by their respective copyright holders. The Licensor is not affiliated with, endorsed by, or sponsored by these third parties.

4. No Warranty

The Product is provided "as is" without any warranties of any kind, either express or implied. The Licensor does not guarantee that the Product will be error-free or that any defects will be corrected.

5. Limitation of Liability

Under no circumstances shall the Licensor be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with your use of the Product or any software used to open, navigate, or otherwise utilize the Product or any of its components.

6. No Refunds

Due to the non-returnable nature of digital and educational products, which cannot be returned once accessed, no refunds will be issued by the Licensor or the proprietor(s) of the platform(s) from which the Product was purchased, if any.

7. Termination

This Agreement is effective upon your acceptance and remains in effect indefinitely. The Licensor reserves the right to terminate this Agreement immediately if you fail to comply with any of its terms.

Upon termination, the User is obligated to delete all copies of the Product and cease all use of it.

8. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA, without regard to its conflict of law provisions.

Any disputes arising out of or in connection with this Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The place of arbitration shall be neutral territory, and the proceedings shall be conducted in English.

9. User Responsibilities and Acknowledgments

• Acknowledgment of Third-Party Rights: You acknowledge that the Product may contain content based on or inspired by intellectual property owned by third parties. All such rights are the property of their respective owners.
• Permitted Use Only: You agree to use the Product solely for personal and educational purposes. Any unauthorized use, including but not limited to commercial exploitation or activities that infringe upon third-party rights, is strictly prohibited.
• Assumption of Liability: You assume all responsibility for any unauthorized use of the Product that may infringe upon the rights of third parties. The Licensor shall not be held liable for any such infringement resulting from your actions.

10. No Obligation for Support or Updates

• No Support Obligation: The Licensor has no obligation to troubleshoot, provide support, or assist with any issues related to the Product.
• No Update Obligation: The Licensor is under no obligation to provide updates, enhancements, or modifications to the Product.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Licensor from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorney's fees and costs) arising out of or in any way connected with your use of the Product or breach of this Agreement, including but not limited to any claims of intellectual property infringement made by third parties.

12. Automatic Assignment

This Agreement becomes effective immediately upon purchase without further action required from the Licensor or the User.

13. Reservation of Rights

The Licensor reserves all rights not expressly granted to you in this Agreement. The failure of the Licensor to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Licensor in writing.

14. Waiver

No waiver of any term or condition of this Agreement shall be deemed a continuing waiver of such term or condition or any other term or condition, and the Licensor's failure to enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision.

15. Changes to this Agreement

The Licensor reserves the right to modify or update this Agreement at any time. Any significant changes will be communicated to you via the description on the product page on the platform where the Product was purchased.  The User is responsible for reviewing such changes periodically.  Such changes will become effective immediately upon posting. It is your responsibility to review any modifications to this Agreement. Your continued use of the Product after any changes have been made constitutes your acceptance of the updated Agreement.

16. Severability

If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the Agreement, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

This Agreement constitutes the entire understanding between you and the Licensor regarding the Product and supersedes all prior agreements, whether written or oral.

18. Contact Information

For any questions or concerns about this Agreement, please contact:

Ben Ayers

Email: ben.ayers@archstud.io