You want to purchase a license for one of the assets available on the Kunstmatrix Marketplace, and are wondering what you can do with it? Here are some useful tips and answers.

What do I purchase and what is allowed?

You purchase a single account license to use the asset in connection with the Kunstmatrix Services for any legal purpose. You are allowed to use it to create exhibitions and derivatives, like screen shots, screen casts or similar works and use them where ever you want. You can use it without explicit attribution to the original artist or seller, although it is considered impolite. The license is valid, as long as you have an active Kunstmatrix account.

What is forbidden?

You may not market the asset itself. You are not allowed to sub-license or sell it, since you purchased a limited license, not the whole copyright. For similar reasons, you may not distribute the asset incorporated in a derivative work if the derivative work is too similar to the asset (for instance, you may not print a 3D asset or a slightly modified version of it and sell it).

You may not use the asset in a way that violates anyone’s intellectual property rights (e.g., copyrights, trademarks, patents, or rights of publicity), nor may you make a pornographic, defamatory or otherwise unlawful use.

And you may not claim you are the creator or copyright holder of an asset you purchased.

For a complete list of your rights and obligations, please read carefully the License Agreement below.

End-User License Agreement

THIS IS A LEGAL AGREEMENT (THE "AGREEMENT") BETWEEN YOU (DEFINED BELOW) AND THE LICENSOR (DEFINED BELOW). THIS AGREEMENT APPLIES TO LICENSES ISSUED VIA THE WEB AND VIA LOCAL SALES REPRESENTATIVES, AND IS APPLICABLE TO ONLINE, DIGITAL DELIVERY OF LICENSED MATERIAL. BY ORDERING A LICENSE, LICENSEE IS CONFIRMING THAT IT HAS CAPACITY TO FORM A CONTRACT UNDER ITS LOCAL LAWS.

1. Definitions

In this Agreement, the following definitions apply:

1.1. "Licensed Material" means any assets hosted, or any one or group of digital files, compiled and packaged, on the Kunstmatrix Marketplace, as represented by still image or via its 3D player, as well as any film or video footage, audio product or visual representation generated optically, electronically, digitally or by any other means, including any negatives, transparencies, film imprints, prints, original digital files or any other product protected by copyright, trademark, patent or other Intellectual Property rights, which is licensed to Licensee under the terms of this Agreement. Any reference in this Agreement to the Licensed Material shall be to each individual item within the Licensed Material and also to the Licensed Material as a whole.

1.2. "Invoice" means the emailed invoice provided upon order confirmation, download and checkout that incorporates the terms of a License purchase for single Licensed Material or purchased via Subscription. The Invoice shall be incorporated into this Agreement and all references to the Agreement shall include the Invoice.

1.3. "Intellectual Property" copyright, trademark, trade dress, patent, industrial design, trade secret, right to publicity, right to privacy or any other proprietary right.

1.4. "Licensee" or “You,” whether capitalized in this Agreement or not, means the person or entity purchasing a License hereunder. For legal entities, “Licensee” and “You” include any entity that controls, is controlled by, or is under common control with you, where “control” means the power, direct or indirect, to cause the direction or management of the entity in question, whether by contract or otherwise, or ownership of 50% or more of the outstanding shares or beneficial ownership of the entity in question.

1.5. "Licensee Work" means an end product or service that has been created by or on behalf of Licensee using independent skill and effort and that incorporates a Reproduction of the Licensed Material as well as other material.

1.6. “Licensor” means the Seller of the Kunstmatrix Marketplace who has made the Licensed Material available. You acknowledge and agree that you are licensing the Licensed Material from Licensor, not from Kunstmatrix , and that Kunstmatrix has no obligation to support or maintain the Licensed Material.

1.7. "Reproduction" and "Reproduce" mean any form of copying, performance, display, distribution, or publication of the whole or a part of any Licensed Material, via any medium and by whatever means, the distortion, alteration, cropping or manipulation of the whole or any part of the Licensed Material, and the creation of any derivative work from, or that incorporates, the Licensed Material.

1.8. "Kunstmatrix" means Kunstmatrix Technologies GmbH., its parents, affiliates, subsidiaries, co-venturers and licensed affiliates.

1.9. "Kunstmatrix Marketplace" means the Kunstmatrix website, APIs, software applications, any software source code used, licensed or implemented by Kunstmatrix , and all other of Kunstmatrix ’s Intellectual Property.

1.10. "Account" means an active account on kunstmatrix.com

1.11. "Single-Account" means that Licensee is allowed only one account per License, i.e. only one identified user or one identified user acting on behalf of an organization can access the Licensed Material under the License. Multiple users are not allowed to use the same license. If you wish to be granted a Multi-Account license, please contact Kunstmatrix for a custom price quote.

2. Grant of Rights and Restrictions

2.1. Licensor grants to Licensee a nonexclusive, non-sublicensable, nontransferable, worldwide, revocable, paid, Single-Account license to use the Licensed Material identified in the Invoice, solely to the extent explicitly stated in this Agreement, and subject to Licensee’s full and complete compliance with this Agreement and payment in full of the Invoice (the “License”).

2.2. As a condition of your continued rights under the License, you agree not to

(a) sublicense, sell, assign or otherwise transfer, or attempt to do so, all or part of your rights under the Agreement;

(b) sell, license, distribute or otherwise make available the Licensed Material as a stand-alone file (or group of files) or in a way that allows third parties to use, download, extract or access the Licensed Material as a stand-alone file (or group of files);

(i) it is so similar to the original Licensed Material incorporated therein that the Licensee Work cannot qualify as an original work of authorship or

(ii) the primary value of the Licensed Work lies with the Licensed Material itself;

(d) violate any Intellectual Property rights or other applicable regulations, laws or industry codes while exercising your rights hereunder;

(e) create pornographic, defamatory or otherwise unlawful material incorporating the Licensed Material, whether directly or in context or juxtaposition with other material or subject matter;

(f) incorporate the Licensed Material into a logo, corporate name, trademark, service mark or other indicia of source;

(g) make the Licensed Material available in a manner intended to allow or invite a third party to download, extract, redistribute or access the Licensed Material as a stand-alone file (or group of files); or

(h) falsely represent, expressly or impliedly, that you are the original creator of a visual work that derives a substantial part of its artistic components from the Licensed Material.

2.3. While efforts have been made to caption correctly the subject matter of, and to provide other information (including metadata) related to, the Licensed Material, neither Licensor, nor Kunstmatrix , warrants the accuracy of such information. Licensee shall rely upon solely the views of the Licensed Material on the Kunstmatrix Marketplace and Kunstmatrix ART.SPACES and is encouraged to view the same through the Kunstmatrix 3D player.

2.4. If any Licensed Material featuring a model or property is used in connection with a subject that would be unflattering or controversial to a reasonable person, Licensee must take care to clearly label it as art, commentary or educational, and has to clearly exclude any implied consent of the Licensor to such use.

2.5. If the Licensed Material is used on any social media platform or other third-party website, (i) any rights granted by this Agreement to Licensee shall automatically be revoked in the event that the third-party website seeks to exploit purported rights to the Licensed Material contrary to the terms of this Agreement, and (ii) in such event, upon request, Licensee shall remove any Licensed Material from such platform or website.

2.6. The Licensed Material is only available through Kunstmatrix Services and you need an active Kunstmatrix account to use it. It is your obligation to confirm to the Terms and Conditions of Kunstmatrix to not loose access to the account. Violations of these terms will lead to a termination of the account and a non-refundable termination of the license.

3. Credit and Intellectual Property

3.1. Copyright. No ownership or copyright in any Licensed Material shall pass to Licensee by the issuance of the License contained in this Agreement. Except as expressly stated in this Agreement, Licensee is not granted any right or license, express or implied, to the Licensed Material.

3.2. Audio/Visual Production Credit. If Licensed Material is used in an audio/visual production in either an editorial context or a non-editorial context but where credits are accorded to other providers of licensed material, credit shall be accorded, where technically feasible, in equal size and comparable placement to such credit(s), substantially in the following form: "[Video/Imagery] supplied by [Licensor]".

3.3. Notice of Violations. Licensee will immediately notify Licensor and Kunstmatrix if Licensee becomes aware or suspects that any third party that has gained access to the Licensed Material through Licensee is wrongfully using the Licensed Material, in whole or in part, or is violating any Intellectual Property rights of a third party or applicable law.

4. Releases

Except where Licensee is specifically notified in writing that a model and/or property release has been obtained, and in such event except to the extent of appropriate consents or authorizations in such release, Licensor does not grant any right or make any warranty with regard to the use of names, people, trademarks, trade dress, logos or registered, unregistered or copyrighted audio, designs or works of art or architecture depicted in any Licensed Material. Licensee shall be solely responsible for determining whether release(s), consent(s) or authorization(s) is/are required in connection with any proposed use of Licensed Material, and Licensee shall be solely responsible for obtaining all required or necessary release(s), consent(s) or authorization(s).

5. Warranty and Limitation of Liability

The licensed materials are provided on an “as-is” basis, “with all faults” and without any representations, warranties or conditions of any kind; Kunstmatrix makes no representations or warranties regarding Licensor’s right or authority to grant any rights in or to any licensed material or Licensee’s right or authority to use licensed material hereunder. To the fullest extent permitted by law, Kunstmatrix and Licensor disclaim, and you waive, all warranties conditions, common law duties and representations, express, implied, statutory, oral or written, regarding the Licensed material, including, without limitation, any implied warranties of merchantability, title, noninfringement, course of performance, course of dealing, usage in trade, authority, non-interference with your enjoyment, accuracy, completeness, reasonable care, workmanlike effort, lack of negligence or viruses or fitness for a particular purpose. Kunstmatrix and Licensor shall not be liable to Licensee or any other person or entity for any punitive, special, indirect, consequential, incidental or other similar damages, costs or losses arising out of this agreement, even if they have been advised of the possibility of such damages, costs or losses. Kunstmatrix and licensor shall not be liable for any damages, costs or losses arising out of or as a result of modifications made to the Licensed material by Licensee or the context in which Licensed material is used in a Licensee work. for clarity, in no event shall Kunstmatrix have any aggregate liability arising out of or related to this Agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise. The foregoing limitations shall apply even if the non-breaching party's remedies under this agreement fail of their essential purpose.

6. Indemnification

Licensee shall defend, indemnify and hold harmless Licensor, Kunstmatrix and their respective officers, directors, agents, contractors, representatives and employees from any and all losses, damages, liabilities, court costs and expenses (including attorneys' fees, costs and expert witnesses’ fees), arising out of or as a result of a claim, suit, demand or action relating to or arising from: (i) Licensee's exercise of its rights hereunder; (ii) any actual or alleged breach by Licensee of this Agreement; (iii) Licensee's failure to obtain any required release; or (iv) Licensee’s negligence or willful misconduct. If you are prohibited by law from entering into the foregoing indemnification obligation, then you assume, to the extent permitted by law, any and all losses, damages, liabilities, court costs and expenses (including attorneys' fees, costs and expert witnesses’ fees), arising out of or as a result of a claim, suit, demand or action that are the stated subject matter of the foregoing indemnification obligation.

7. Condition of Licensed Material

Because the Licensed Material is not represented or warranted to be accurate, complete, reliable or free of errors, defects or harmful components, Licensee should examine all Licensed Material for possible defects (whether digital or otherwise) before using any Licensed Material for Reproduction. Without prejudice to Section 5 above, Kunstmatrix and Licensor shall not be liable for any loss or damage suffered by Licensee or any third party, whether directly or indirectly, arising from any alleged or actual defect in any Licensed Material, its caption or in any way from its Reproduction.

8. No Cancellation by Licensee

All purchases are final upon receipt by Licensee of an email confirming the order and enclosing the Invoice. Except as expressly set forth in this Agreement, Licensee shall have no cancellation or termination rights with respect to any License granted under the terms of the Agreement or any future subscription agreement. In the event of a reversal ("Reversal") of any payment made in connection with the Licensed Material, Licensee’s rights to use the Licensed Material shall be deemed an Unauthorized Use pursuant to Section 10 herein below.

9. Unauthorized Use and Termination

Any use of Licensed Material in a manner not expressly authorized by this Agreement constitutes copyright infringement, entitling Licensor to exercise all rights and remedies available to it under copyright laws around the world. Licensee shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party. In addition and without prejudice to other remedies under this Agreement, you agree to pay to Kunstmatrix a fee equal to up to 25 times the amounts paid hereunder for the unauthorized use of the Licensed Material. Licensor has the right to terminate this Agreement in the event Licensee: (i) enters the Agreement after having received notice of unauthorized use relating to the Licensed Material; (ii) provides inaccurate information regarding its proposed use of the Licensed Material at the time of entering the Agreement; (iii) fails to pay the License Fee on the due date; or (iv) otherwise breaches the terms of this Agreement. Upon termination, Licensee must immediately (i) stop using the Licensed Material; and (ii) destroy or, upon request, return the Licensed Material and, in the case of termination for cause, the Licensee Work in the possession or control of Licensee.

10. Audit/Certificate of Compliance

Upon reasonable notice, Licensee shall provide sample copies of Reproductions and Licensee Work containing Licensed Material to Licensor or Kunstmatrix , including by providing free of charge access to any pay-walled or otherwise restricted access website or platform where the Licensed Material is Reproduced or the Licensee Work resides. In addition, upon reasonable notice, Licensor or Kunstmatrix may, at their discretion, through their own employees or through a third party, audit Licensee's records directly related to this Agreement and use of Licensed Material or Licensee Work in order to verify compliance with the terms of this Agreement. If any such audit reveals any non-compliance with this Agreement, in addition to all other available remedies, Licensee shall reimburse Kunstmatrix or Licensor for the costs of conducting such audit. Where Licensor or Kunstmatrix reasonably believes that Licensed Material is being used outside of the scope of the License granted under this Agreement, Licensee shall provide a certificate of compliance signed by an officer of Licensee, in a form to be approved by Kunstmatrix or Licensor.

11. Withdrawal

Upon notice, or upon Licensee's knowledge, that any Licensed Material may be subject to a claim of infringement, misappropriation or other interference of another's right or Intellectual Property, Licensee may be required to immediately and at its own expense: (i) stop using the Licensed Material (including, without limitation, any Licensee Work containing a Reproduction of the Licensed Material); and (ii) delete or remove the Licensed Material from its premises, computer systems and storage (electronic or physical) (including, without limitation, deleting or removing the Licensed Material, or any derivative thereof, from any Licensee Work).

12. Governing Law/Arbitration

You agree that this Agreement will be deemed to have been made and executed in the State of Berlin, Germany, and any dispute will be resolved in accordance with the laws of Berlin, excluding that body of law related to choice of laws, and of Germany. Any action or proceeding brought to enforce the terms of this Agreement or to adjudicate any dispute must be brought in the Amtsgericht Berlin Charlottenburg (Local Court). You agree to the exclusive jurisdiction and venue of these courts. You waive any claim of inconvenient forum and any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement. You agree not to bring or participate in a class or representative action, private attorney general action, or collective arbitration related to the Licensed Material or this Agreement. You also agree not to seek to combine any action or arbitration related to the Licensed Material or this Agreement with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.

13. Severability

If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.

14. Waiver

No action of Kunstmatrix or Licensor, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of Kunstmatrix or Licensor in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by Kunstmatrix or Licensor of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion.

15. Integration

This Agreement contains all the terms of the license agreement. No terms or conditions may be added or deleted. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order sent by Licensee, the terms of this Agreement shall govern.

16. Kunstmatrix Is Not Involved

You acknowledge and agree that: (a) Kunstmatrix is only a provider of the Kunstmatrix Marketplace where you purchased the Licensed Materials, and does not provide or exercise continuous or detailed control or oversight over Licensor or the Licensed Materials, and is not responsible for Licensor or the Licensed Materials or any shortcomings in them, including any damages, losses or legal issues caused by Licensor or the Licensed Materials; (b) this Agreement (and any dispute under it) is an agreement between you and Licensor only, and not with Kunstmatrix , and this Agreement does not grant any rights with respect to Kunstmatrix or impose any obligation on Kunstmatrix ; (c) Licensor is not Kunstmatrix ’s employee, agent or subcontractor; (d) Kunstmatrix does not have any obligation to attempt to resolve any dispute between you and Licensor; and (e) Licensor (and not Kunstmatrix ) is solely responsible for the Licensed Material, and Kunstmatrix has no obligation or liability to you with respect to the Licensed Material. You acknowledge and agree that Kunstmatrix is an intended third-party beneficiary of this Agreement and therefore will be entitled to directly enforce and rely upon any provision in this Agreement that confers a benefit on, or rights in favor of, Licensor or Kunstmatrix .

17. Assignment

Licensor may assign this Agreement without notice to you. You may not assign this Agreement or any of your rights under it without Licensor’s prior written consent, which may be unreasonably withheld, conditioned or delayed. This Agreement will inure to the benefit of and be binding upon the parties and their heirs, executors, administrators, legal representatives, lawful successors and permitted assigns.