MELDRADA END-USER LICENSE AGREEMENT
Last updated on Aug 28, 2023
This is a legally binding agreement between the licensee ("you") and Meldrada  ("Meldrada," "we," "us," "our") that outlines your privileges to use and license the Content accessible on Meldrada.com and/or any other Platform where We have made available our products. By obtaining, downloading, and utilizing the Content or specific services made available by Us, you acknowledge and accept the conditions stated in this License Agreement.
"Platform" refers to the Meldrada website, API’s, software, source codes used to provide services, designs, user interface layouts, images, icons, text and all other intellectual property protected under copyright or any other proprietary right located at the meldrada.com domain and/or third party marketplace or website where We could make available its Content or services, including, but not limited to Artstation.com, Gumroad.com, Cubebrush.co, Patreon.com, Unrealengine.com and Fab.com as well as any other related products and services that refer or link to this License agreement.
"Content" refers to any service and/or digital files, including but not limited to: Images, Photos, References, Packs, Alphas, Masks, Kits, Models provided by Us on the Platform.
"Photos" encompass a compilation of individual or multiple digital pictures or vectors bundled as a product ("Packs," "Images," or "Custom Shapes") on the Platform and provided to the License holder or an approved third party as downloadable JPG, PNG, RAW, CSH, ZIP, or RAR files.
"Models" refer to a set of single or multiple digital 3D models grouped as a product ("Kits" or "Models") on the Platform and provided to the License holder or an approved third party as downloadable OBJ, FBX, ZIP, or RAR files.
"License Type" (Freelance, Indie, Studio, Enterprise) refers to the License specifications and particular rights and/or restrictions that are based on the purchasing entity's personal, professional and/or corporate situation and intended usage of Content.

1. LICENSE TYPES

Freelance License:
A single user commercial License for individuals/single users self-employed as a freelancer, non-professional, hobbyist or student, not working at a company.
Freelance Licenses cannot be bought on behalf of another individual, company or Account, the purchaser must remain the sole user of the licensed Content.
Individual users and sole proprietors are not permitted to purchase different Licence Types on behalf of entities or companies and are limited to purchasing Freelance Licenses only.
You are not permitted to share or distribute the original/unmodified Content to clients or any third parties for any purpose whatsoever. Your client / third party must purchase a separate License for the Content.
Indie License:
For a single small studio, production company developing games, movies or other media with a total company size of max 10 people.
Content purchased under this License may not be used or stored off-site by employees for purposes outside those of the License holder's projects.
The rights granted by this License apply only to the single legal entity under and for which they were purchased. It does not grant usage rights for outsourcing partners, affiliate companies, former employees or off-site contractors.

Studio License:
For a single studio, corporate production company developing games, movies or other media with a total company size of max 100 people. 
Licenses may be purchased on behalf of an affiliate or parent/child company. The single entity for which the License was purchased shall remain the sole License holder and the License cannot be changed or transferred to the other affiliate companies or branches. In order to share Content, additional Licenses must be purchased by or on behalf of the requesting party.
Content may be used by on-site contractors/freelancers doing in-house work. Off-site contractors are not allowed access to Content. 
Content purchased under this License may not be used or stored off-site by employees or otherwise used for any purpose whatsoever outside those of the License holder's projects.
The rights granted by this License apply only to the single legal entity or company branch under or for which they were purchased.

Enterprise License:
For a single studio, corporate production company developing games, movies or other media with an unlimited company size. 
Content purchased under this License may be used by off-site contractors/freelancers, exclusively within the time frame in which the contractor/freelancer is hired by the License holding entity and contractors/freelancers cannot use the content for any other purpose outside those of the License holder's projects.
Content purchased under this License may not be stored off-site by employees or otherwise used for any purpose whatsoever outside those of the License holder's projects.
The rights granted by this License apply only to the single legal entity or company branch under or for which they were purchased.
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Content under any license may not be shared/stored/distributed in their unmodified form and/or platform Accounts may not be accessed by any party that does not directly or no longer belong to the License holding entity.
Licenses do not grant usage/storage rights for outsourcing partners, affiliate companies, subcontractors, former employees, former contractors/freelancers, subsidiaries or any branches/entities that share the name but not the same physical address or location of the License holding entity. This restriction does not prohibit affiliate companies from distributing or otherwise commercializing Creations on behalf of the License holding entity. 
When purchasing Content on the Platform, the License Type (Freelance, Indie, Studio or Enterprise) that best corresponds with your current personal, professional and/or corporate situation as well as the intended future usage for said Content must be selected. You warrant that, to the best of your knowledge, you have selected the License Type that represents the most accurate situation under which you intend to license and use purchased Content and that you will continue to operate in accordance with the requirements specified in this agreement. In the case that your current license no longer covers the intended usage or falls within the scope of a different license, you agree to cease usage of Content under that license and/or to purchase a new license in order to comply with this agreement.
Please note that once Content has been purchased under a specific License Type the following restrictions apply:
Licenses are Non-transferable and cannot be modified or transferred to a different user or different License Type.
A new License must be purchased if the Content's intended usage no longer matches its License restrictions and requirements or if the Creation's intended usage does not match the License Type under which they were purchased.

2. LICENSE RIGHTS

Content purchased under any License Type grants the licensed user the following rights or properties:
Commercial: You may sell and distribute any commercial products or Creations made with the Content.
Royalty-Free: Rights to use the Content are paid once and there are no future fees or payable royalties to Us.
Worldwide: Licenses are granted worldwide without any imposed border restrictions or embargoes.
Perpetual: There is no expiry or end date on your rights to use the Content once a License has been obtained. 
Unlimited: Content can be used for any amount of commercial, non-commercial or educational purposes and projects.
Non-Exclusive: You do not have exclusive rights to use the Content. We reserve the right to license the same Content to other users.
Ownership: You are not granted title or ownership to Content. The copyright to the Content remains with Meldrada.
No Editorial: Editorial usage of unmodified Content is not permitted.
Content can be used and is intended for incorporated use in the following types of Creations:
concept art, illustration, matte painting, video games, movies & film, television shows, VFX, CGI, 3D scenes and models, arch-viz, pre-visualizations, VR products, graphic design, multimedia projects, advertising, presentations, mobile & web design, art books, event flyers, posters, brochures and any other digital or printed media where our Content are incorporated and do not comprise the primary value of the product's intended sale or distribution. 


3. LICENSE RESTRICTIONS

If Content is found to be used in an unauthorized way, We may, at its own discretion, terminate your Account, its associated purchases, your License rights as well as limit access to our services or pursue other penalties, damages, losses, and profits as Meldrada is entitled to under this agreement or by law or equity.
Uses that are expressly prohibited:

-Incorrect License. You may NOT use or purchase Content under the incorrect License. Doing so may violate our policies and could void your License rights and/or lead to Account termination. 

- Re-Distribution. You may NOT sell, share, re-distribute, publish, or otherwise make the Content available to any third party except as incorporated in the form of permitted Creations, or when shared in a manner specifically authorized in this agreement. You are NOT permitted to share or distribute Content to unlicensed third parties as a whole or individually. You may NOT sell or distribute any of the Photos as stock photography, wallpapers, textures or photo references or as part of any other commercialized database or competing service, or any derivative product containing the Photos in such way that would allow a third party to use, download or access original Photos as stand-alone files.

- You may NOT use, sell or distribute Photos in an insufficiently modified form; this includes but is not limited to resizing, color correcting, cropping, rotating, flipping, applying filters, by themselves or in a collection or use them for purposes that may compete with the service of this website such as: reference packs, stock photography, texture packs, wallpapers, clipart, etc... When in doubt, we recommend to contact us with examples of how you wish to use our Photos.

- You may NOT use, sell or distribute Models by themselves or in a scene or collection or use them for purposes that may compete with the service of this website such as: model packs, kitbashing sets, 3D scenes, etc... When in doubt, we recommend to contact us with examples of how you wish to use our Models in order to confirm if any issue may arise.

- You may NOT distribute the Content as incorporated into an item of merchandise if the used Content has not been modified or has not been used in such way or to the extent that the final result is substantially different to the original or until the Creation as a whole can qualify as an original work of authorship, or the primary value of the Creation does not lie with the Content itself.

- Competitive Products. You may NOT use the Content in any way or for any purpose that may directly compete with Meldrada, the Platform, its services or the Content itself.

- Artificial Intelligence / Generative AI: You are prohibited from using Content to train generative AI models or employing Content as a base image for generative AI software or services.

- Sharing Accounts. You may NOT share or provide access to Accounts or its associated Content other than to those authorized under the conditions and terms of this agreement.

- Obscene/Unlawful Use. You may NOT use Content in a pornographic, defamatory, obscene, racist or otherwise unlawful manner, or in violation of any applicable regulations.

- False Attribution. You may NOT falsely represent yourself as the creator or author of the Content.

- Stockpiling. You may NOT download the Content excessively in a way that suggests in our reasonable discretion that you are attempting to stockpile, mirror or otherwise copy the Platform or its Content.

- Commercial Printing. You may NOT use Photos directly for printing or reselling on any physical merchandise including cards, posters, photo books, etc... in their original or unmoddified form. You may NOT use Photos directly for printed media or any non-digital derivative product where the Photos comprise the primary value of the product's intended sale or distribution including but not limited to: post cards, calendars, photo books, photography prints, t-shirts, mouse pads, phone cases, etc... 
We reserve the right to investigate its customers in order to prevent violations and may inquire to provide certain information, documents or other forms of proof to help verify the License holder's legitimacy.

4. LICENSE TERMINATION

Your License is perpetual, meaning there is no expiry or end date on your rights to use the Content once it has been purchased, unless terminated as a result of any of the conditions described below:
Chargeback. Any reversal of transaction notice we receive from your bank, credit card issuer or Paypal may temporary or permanently terminate any and all rights granted under this agreement.
Technological Failure. If a payment or transaction was unsuccessful but Content was accessible through a technological failure or bug your rights and access to Content and/or Account may be restricted until the issue has been resolved.
Outstanding Debtor. Failure to remit payment for an overdue invoice beyond a two-month period from the date of issuance shall constitute a material breach of any prior agreements.
Violation of Terms. Any violation of our License Agreement or Terms & Conditions may terminate your License rights immediately and permanently as well as suspend your Account and access to purchased Content.
In case of License termination under one or more of these conditions, you and any third party with access to Content must cease all usage, storage and distribution, and destroy all copies of Content.


5. INTELLECTUAL PROPERTY RIGHTS

All Content, materials, the presentation of these and its downloadable Content are the property of Meldrada. Unless otherwise indicated, all material featured, displayed or made available on the Platform is owned by Meldrada. 
The copyright to purchased Content remains with Meldrada. You are granted a right of use that is non-exclusive and non-transferable and any competencies explicitly granted herein or under our License Agreement.
Content is considered 'Royalty-Free'. This means Content may be used for personal or commercial projects and Creations without credit or payable royalties to Meldrada. Such projects may become intellectual properties on their own, even with the incorporation of our Content, as long as the usage of this Content does not interfere with any of the terms set forth in this agreement.
Photos have been taken in a public space or with permission in a semi-public or private space and Meldrada warrants the rights to sell and license such Photos. This does not grant the user all publication rights and publication of Photos or material therein may be restricted depending on its content and the type of usage. Applicable restrictions do not vary depending on the type of space Photos were taken in.
Photos may contain graphic materials like logos, names or trademarks. Photos may contain or display recognizable people, trademarked buildings or other intellectual properties. Meldrada sells and licenses Photos only through its online platform and does not require any releases or permissions for such transactions. The use of these kind of images is at your own discretion and we recommend removing said graphics from Photos when used for commercial purposes or in any situation where an issue displaying existing trademarks may arise. Usage or publication of Photos in such scenarios is at the user's own risk and responsibility. We suggest you to remove any Logo, Face or Trademark in a way so that it cannot be identified or recognized.
Releases may be required in situations where Photos are published by the user/licensee, depending on the context in which they are presented. We suggest to not use Photos in ways that may require such permissions.
Please be aware that rules and legislation may vary by country or state and should be consulted by the licensee prior to any form of publication. Meldrada reserves all rights not expressly granted to you under this Agreement.

6. DISCLAIMER

MELDRADA AND ITS SERVICES ARE PROVIDES ON AN "AS IS". MELDRADA MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY FOR PARTICULAR PURPOSES, NON-INFRINGEMENT, MERCHANTABILITY, OR COSMETIC ATTRIBUTES OF THE PLATFORM, ITS SERVICES, OR THE CONTENT IT PROVIDES. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

7. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL MELDRADA BE LIABLE FOR INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, LOST PROFITS, MISSED SAVINGS OR DAMAGES THROUGH BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS IN CONNECTION WITH ANY CLAIM, DAMAGE OR OTHER PROCEEDING ARISING UNDER THIS AGREEMENT, INCLUDING - WITHOUT LIMITATION - YOUR USE OF, RELIANCE UPON, ACCESS TO THE PLATFORM, ACCOUNTS, CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
YOU WILL INDEMNIFY MELDRADA AND OUR SUBSIDIARIES, AFFILIATES, EMPLOYEES, PARTNERS, AND LICENSORS FROM ANY CLAIM, DEMAND, LOSS, OR DAMAGES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATED TO YOUR USE OF OUR PLATFORM, ITS CONTENT OR YOUR VIOLATION OF THESE TERMS. MELDRADA WILL INDEMNIFY YOU AND ANY AFFILIATES GRANTED UNDER OUR LICENSE AGREEMENT FROM ANY CLAIM, DEMAND, LOSS, OR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF CONTENT, UNLESS SUCH USE IS IN VIOLATION OF THESE TERMS.

8. CHANGES TO OUR LICENSE AGREEMENT

Meldrada reserves the right to change the terms of this agreement at any time. Changes to our License Agreement will only affect Licenses purchased or otherwise obtained after the date of such amendments. The rights and restrictions granted to you are those presented here at the time of your purchase. You can check the “Last updated” date at the top of this page. If there are significant changes to this statement that will affect how our products can be used in the future, users will be notified via email outlining these changes.
If you have any question or feedback make sure to reach us at info@meldrada.com