Last update: February 2nd 2021
This Dash Animation System End User License Agreement ("EULA") is a non-exclusive, legally binding end user license agreement between any individual or a single entity ("END-USER") that acquires a license to Dash Animation System by Peter Stefcek ("Licensor").
Please read this End-User License Agreement carefully before downloading, or using Dash Animation System ("Application").
By downloading or using the Application, END-USER agrees to be bound by the terms and conditions of this Agreement.
If END-USER does not agree to the terms of this Agreement, do not download or use the Application.
The subject matter of this EULA is the licensing to END-USER of any Application. The Application is licensed, not sold.
Licensor grants END-USER a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application for personal and commercial purposes in accordance with the terms of this Agreement.
END-USER may use the licensed Assets only for their intended purpose.
END-USER may not use the licensed Assets if their revenue or funding exceeds $100.000 USD in the past year. Should their revenue or funding at any point exceed $100.000 USD in the past year, the Agreement will be terminated immediately.
Licensor grants to the END-USER a non-exclusive, worldwide, and perpetual license to the Asset to integrate it only as incorporated and embedded components of electronic games, applications and digital media and distribute such electronic game, application and digital media; reproduction and display in distributed physical advertising materials is permitted solely for marketing purposes in respect of such electronic games or digital media. Except for game services software development kits (“Services SDKs”), END-USERS may modify Assets. END-USER may otherwise not reproduce, publicly display, publicly perform, transmit, distribute, sublicense, rent, lease or lend the Assets. It is emphasized that the END-USERS shall not be entitled to distribute or transfer in any way (including, without, limitation by way of sublicense) the Assets in any other way than as integrated components of electronic games and digital media or in supporting physical marketing materials. Without limitation of the foregoing it is emphasized that END-USER shall not be entitled to share the costs related to purchasing an Asset and then let any third party that has contributed to such purchase use such Asset (forum pooling).
An END-USER may use the Asset and may have a third party, including any “work-for-hire” contractor or “freelancer” (“Contractor”), work on that Asset on its behalf. However, any Contractor working on a project for an END-USER must have license(s) of its own to the Asset. Conversely, to use the Asset, a person must have its own license to the Asset, regardless of whether a Contractor working on a project for that person had its own license to that Asset. For example, a person who is a Contractor must have a seat license for the Asset, and the persons who is hirer of the Contractor must have a seat license for the Asset.
Game Services SDKs: If END-USER downloads and integrates Services SDKs, END-USER may be required to accept a Licensor end user agreement and/or additional Licensor terms and conditions to use such services.
Some components of the Asset (whether developed by Sirenix IVS or third parties) may also be governed by applicable open source software licenses. In the event of a conflict between the applicable EULA and any such open source licenses, the open source software licenses shall prevail with respect to those components.
You agree that no modification or use of those Assets shall (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to liability of any kind; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) promote violence or actions that are threatening to any other person; or (g) promote illegal or harmful activities or substances.
END-USER agrees not to, and END-USER will not permit others to:
a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
Licensor reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to END-USER.
This Agreement shall remain in effect until terminated by END-USER or Licensor.
Licensor may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Licensor, in the event that END-USER fails to comply with any provision of this Agreement. END-USER may also terminate this Agreement by deleting the Application and all copies thereof from END-USER’s devices.
Upon termination of this Agreement, END-USER shall cease all use of the Application and delete all copies of the Application.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Licensor reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.