Michael Dedes – Visual Arts (MikeD), Inc. License Agreement

By accepting this End User License Agreement (“EULA” or this “Agreement,” inclusive of the Addendums annexed hereto) or by downloading or using the digital product you signify that you have read and agree to all the terms of this Agreement, as it may be updated or amended from time to time.

 

Using this site’s products, User hereby indicates User’s complete and unconditional acceptance of all the terms and conditions of this Agreement, including each and all of the Addendums attached to this Agreement. This Agreement constitutes the complete agreement between User and Michael Dedes Visual Arts (MikeD) with regard to User’s access, download, and/or use of Content except in the case where User has a version of the Agreement signed by both parties, in which case the signed agreement will supersede this Agreement. Except for any signed agreement between Michael Dedes Visual Arts (MikeD)and User, this agreement supersedes and replaces any other agreement that was or will be presented at the time of content installation.

If User does not agree to the terms of this Agreement, User must not use this site’s services and products. User acknowledges and agrees that Michael Dedes Visual Arts (MikeD) may update, amend, and/or modify this Agreement from time to time and that, by continuing to use Michael Dedes Visual Arts (MikeD) website and services, the User agrees to be bound by all such updates, amendments, and/or modifications. It is the User’s responsibility to review this Agreement in connection with any use of Michael Dedes Visual Arts (MikeD) website or services after the User’s initial acceptance of this Agreement. If the User does not intend to be bound by any updates, amendments, or modifications of this Agreement, the User should cease and desist from any further use of Michael Dedes Visual Arts (MikeD) website or services and/or terminate the User’s acceptance of this Agreement in the manner provided below.

The online Michael Dedes Visual Arts (MikeD) store offers for sale a license to Content owned or licensed by Michael Dedes Visual Arts (MikeD). In this Agreement, “Michael Dedes Visual Arts (MikeD) Content” shall refer to Content owned solely by Michael Dedes Visual Arts (MikeD). In particular “Michael Dedes Visual Arts (MikeD) items with usage in any 3D program library” (except plug-ins and scripts) shall refer as “3D Content”.  “Michael Dedes Visual Arts (MikeD) scripts and plugins” shall refer as “Software”. “Michael Dedes Visual Arts (MikeD) renders and images sold in the site” shall refer as “Images”. Output generated from the User having used products from this website shall be referred to as “Generated Content.”

1.0 General License Agreement.

  • Generated Content License. Michael Dedes Visual Arts (MikeD) grants to User and User hereby accepts, subject to the limitations and obligations of this Agreement, a non-exclusive, non-transferable license to use the Generated Content, duly obtained by payment of all applicable license fees, as provided in this Agreement.
  • License Fees. User agrees to pay Michael Dedes Visual Arts (MikeD), prior to or concurrent with delivery of the Generated Content, the full license fee for use of the Combined Content. User agrees to pay Michael Dedes Visual Arts (MikeD) any and all applicable taxes that are levied in conjunction with the purchase of the license for the Combined Content whenever Michael Dedes Visual Arts (MikeD) must collect and/or pay such taxes from or on behalf of User. Furthermore, User agrees to pay Michael Dedes Visual Arts (MikeD) all costs, expenses, and attorney’s fees expended by Michael Dedes Visual Arts (MikeD) in the collection of the license fees and any applicable taxes, whether by filing a lawsuit or through arbitration.
  • Title and Ownership. The Content contains copyrighted and/or proprietary information protected by the laws of the European Union and/or international laws and treaties. Michael Dedes Visual Arts (MikeD) retains all rights in, title to, and ownership of the Michael Dedes Visual Arts (MikeD) Content. Michael Dedes Visual Arts (MikeD) hereby assigns to User all right, title and interest it has in Generated Content that was generated from input provided by User. Michael Dedes Visual Arts (MikeD) gives no rights or warranties with regard to the use of any objects, names, trademarks, service marks, or works of authorship depicted in any Content and User is solely responsible for separately obtaining all such necessary rights or consents that may be required for any particular use of objects, names, trademarks, service marks or works of authorship.
  • License Restrictions. The Content is provided solely for User’s use as permitted herein and in conformity for its intended purpose. User does not have the right to provide the Content to others in any form or on any media except as set forth in this Agreement. The Content may be copied in whole or in part solely for User’s use as permitted herein.. Specifically, User may copy the Content onto the storage device of an unlimited number of computers owned or controlled by User. The Content is for use solely by User and not by any other individual or entity. All individuals or entities must obtain their license to use the Content. Notwithstanding anything to the contrary contained herein, the Content License expressly excludes the use, incorporation, or input of any Content, in whole or in part, in connection with i) any AI engine, program, or system (including, without limitation, Image.ai, Nightcafe, Artbreeder, chatGPT, Shutterstock, DALL-E 2, Deep Dream Generator, Hotpot ai, DeepAI) with capabilities or instructions to auto-generate materials that are derivative, imitative, or otherwise plagiaristic of the Content; and ii) any activity contrary to the intended use of the Content License, or otherwise to circumvent the terms, restrictions, or safeguards applicable to this Content License. For the purposes of this EULA, “AI” means any method of artificial intelligence such as deep learning, neural networks, or any other similar technologies intended to consume and analyze content for the intent of auto-generating new content.
  • Terms of Use. Two-Dimensional Works. Subject to the terms and conditions of this Agreement, User may (i) access, use, copy and modify the 3D Content in the creation and presentation of two-dimensional animations and renderings, (ii) incorporate two-dimensional images (including two-dimensional images that simulate motion of three-dimensional objects) derived by User from the Content in User’s other works, and (iii) publish, market, distribute, transfer, sell or sublicense User’s two-dimensional animations, renderings and other works; provided that User may not in any case publish, market, distribute, transfer, sell or sublicense any renderings, animations, software applications, data or any other product from which any Content, or any part thereof, or any substantially similar version of the Content can be separately exported, extracted or de-compiled into any re-distributable form or format.
  • Additional Rights and/or Restrictions Related to Specific Products. Some products may have additional rights and/or restrictions beyond what is outlined in this Agreement. These additional rights/restrictions, which the User is subject to, will be outlined on the products’ page in the marketplace.
  • Three-Dimensional Works. User may not copy, and modify the Content to create one or more derived and/or additional three-dimensional works provided that:
    • any such derived or additional three-dimensional works are designed to require or encourage the use of Content available through the online Michael Dedes Visual Arts (MikeD) store either by (i) requiring the use of such Content in order for the works to function, or (ii) allowing only limited function when the works are not used in conjunction with Content from the online Michael Dedes Visual Arts (MikeD) store; and
    • upon receipt of a written request from Michael Dedes Visual Arts (MikeD), User will immediately cease any and all distribution of the derived or additional three-dimensional works User has created from the Content, if Michael Dedes Visual Arts (MikeD) has determined, in its sole discretion, that such additional or derived work (i) is substantially similar to or is a clone of existing Content; (ii) fails to require or encourage the use of Content available through the online Michael Dedes Visual Arts (MikeD) store as described above, or (iii) otherwise violates the provisions of this EULA.

The creation of three-dimensional physical representations (3D-print, molded copy, CNC-routed copy, and the like) of 3D Content or any three-dimensional art derived from the Content is permitted only for personal, non-commercial use by the User. Additionally, the user may not grant other entities or individuals the right to produce such physical representations of the Content except for the sole purpose of providing the print to the User for their personal use.

All other rights with respect to the Content and its use are reserved by Michael Dedes Visual Arts (MikeD) and the respective licensors.

  • Other Restrictions. This Agreement is User’s proof of license to exercise the rights granted herein and may be printed and retained by User. User shall not give, sell, rent, lease, sublicense, or otherwise transfer or distribute any Content on a temporary or permanent basis without the prior written consent of Michael Dedes Visual Arts (MikeD). User may not reverse engineer, decompile, disassemble, or create derivative works from the Content except as set forth in the Terms of Use Section above.
  • Protection and Security. User agrees that the Content is the property of and proprietary to Michael Dedes Visual Arts (MikeD) and further agrees to protect the Content and all parts thereof from unauthorized disclosure and use by User’s agents, employees, associates, family members, customers, or any other third party. User shall be exclusively responsible to ensure the selection, supervision, management, control, and use of the Content conforms to all terms of this Agreement.
  • The Content is a “commercial item” and “commercial computer software”. In accordance with such provisions, any use of the Content by any Government shall be governed solely by the terms of this Agreement.
  • Patent Copyright, and Trade Secret Indemnity. User agrees to defend, indemnify and hold Michael Dedes Visual Arts (MikeD) harmless against all liability resulting from or related to any claim that (i) any content, Generated Content or work created by User, or (ii) User’s use of any Content, infringes any third-party patent right, copyright or other intellectual property right, or misappropriates, or misuses any trade secret or other proprietary right, or any portion thereof, of any third party.
  • Infringement Warranty. Michael Dedes Visual Arts (MikeD) warrants to the User that, to the best of its knowledge, the digital data comprising the Michael Dedes Visual Arts (MikeD) Content developed and owned by Michael Dedes Visual Arts (MikeD), does not infringe the rights, including patent, copyright and trade secret rights, of any third party, nor was such digital data unlawfully copied or misappropriated from digital data owned by any third party; provided, however, that Michael Dedes Visual Arts (MikeD) makes no representation or warranty with respect to infringement of any third party’s rights in any image, trademarks, works of authorship or object depicted by such Combined Content or in any Combined Content developed by any of Michael Dedes Visual Arts (MikeD)’s licensors.
  • Limited Warranty. Michael Dedes Visual Arts (MikeD) warrants to the User that, to the best of its knowledge, the digital data comprising the Michael Dedes Visual Arts (MikeD) Content developed and owned by Michael Dedes Visual Arts (MikeD), does not infringe the rights, including patent, copyright and trade secret rights, of any third party, nor was such digital data unlawfully copied or misappropriated from digital data owned by any third party; provided, however, that Michael Dedes Visual Arts (MikeD) makes no representation or warranty with respect to infringement of any third party’s rights in any image, trademarks, works of authorship or object depicted by such Combined Content or in any Combined Content developed by any of Michael Dedes Visual Arts (MikeD)’s licensors.
  • No other Warranties. Except as expressly provided above, the Combined Content and all related documentation are provided on an “as is” and “as available” basis, without warranty of any kind, and Michael Dedes Visual Arts (MikeD) hereby disclaims all other warranties, express, implied or statutory, including, but not limited to, any implied warranties of merchantability, non-infringement and fitness for a particular purpose, and any warranties arising from usage of trade or course of dealing or performance. In no event shall Michael Dedes Visual Arts (MikeD) be liable for any indirect, incidental, special, punitive, or consequential damages whatsoever, whether based on contract, tort, warranty, or other legal or equitable grounds, including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss, arising out of the use of or inability to use the Combined Content, even if Michael Dedes Visual Arts (MikeD) has been advised of the possibility of such damages. In addition, in no event shall Michael Dedes Visual Arts (MikeD) cumulative liability hereunder exceed the license fees paid by User to Michael Dedes Visual Arts (MikeD) for licensing the content.
  • No Liability for Hardware. User assumes complete responsibility for all hardware used in conjunction with the Content. Michael Dedes Visual Arts (MikeD) shall not be responsible in any way for the non-performance or malfunction of any hardware.
  • General Provisions.
    • Costs and Expenses of Enforcement. In the event of the failure of either party hereto to comply with any provisions of this Agreement, the defaulting party shall pay any and all costs and expenses, including reasonable attorneys’ fees arising out of or resulting from such default (including any incurred in connection with any appeal), incurred by the injured party in enforcing its rights and remedies, whether such right or remedy is pursued by filing a lawsuit or otherwise.
    • Governing Law. This Agreement and the relationship of Michael Dedes Visual Arts (MikeD) and User is governed by the laws of the European Union, without regard to its conflict of law provisions and without regard to the United Nations Convention on Contracts for the International Sale of Goods.
    • Further Information. Should User have any questions concerning any of the provisions of this Agreement, or if User desires to contact Michael Dedes Visual Arts (MikeD), please use the contact link in the footer.
    • Trademark and Copyright. All Michael Dedes Visual Arts (MikeD) products are trademarks or registered trademarks of Michail Dedes and constitute copyrighted material owned or licensed by Michael Dedes Visual Arts (MikeD) regardless of whether such products are the subject of copyright registrations in any particular jurisdiction. All other brand and product names are trademarks or registered trademarks of their respective holders.
    • Severability. If any part of this Agreement is found to be unenforceable, the other provisions shall remain fully valid and enforceable. It is the intention and agreement of the parties that all of the terms and conditions hereof be enforced to the fullest extent permitted by law.
    • Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by User, but may be assigned by Michael Dedes Visual Arts (MikeD) without restriction.
    • Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or User’s use of the Content must be filed within one (1) year after such claim or cause of action arose or be forever barred.

2.0 Interactive License Addendum

The terms of this Interactive License Addendum (this “Addendum 2.0”) are in force only when User has purchased a Game Developer License or an Interactive License Add-On (“Interactive License”) for any 3D Content from the online Michael Dedes Visual Arts (MikeD) store. To purchase such a license please contact us using the contact form in the footer.

For any User who has purchased one or more Game Developer Licenses the terms of this Addendum 2.0 apply to all 3D Content for which the User has purchased a license via the Michael Dedes Visual Arts (MikeD) store.

For any User who has purchased one or more Interactive Licenses via the Michael Dedes Visual Arts (MikeD) store, the terms of this Addendum 2.0 apply to all Content for which the User has purchased such an Interactive License.

All 3D Content that can be identified according to the criteria stated above in this Addendum 2.0 shall hereinafter be referred to as “Interactive Content”. The terms of this Addendum 2.0 do not apply to any Content other than Interactive Content.

  • Modified Terms of Use. This section replaces Section 1.0 Bullet 5: “TERMS OF USE” for Interactive Content ONLY.
    Two-Dimensional Works. Subject to the terms and conditions of this Agreement, User may (i) incorporate, copy and modify the Interactive Content in the creation and presentation of two-dimensional animations and renderings which may require access to the Interactive Content by the User’s customer during electronic execution of the User’s application, and (ii) incorporate two dimensional images (including two dimensional images that simulate motion of three dimensional objects) derived by User from the Interactive Content in User’s other two-dimensional works, and (iii) publish, market, distribute, transfer, sell or sublicense such two-dimensional animations, renderings and other works; provided that User may not in any case: publish, market, distribute, transfer, sell or sublicense any renderings, animations, software applications, data or any other product from which any Interactive Content, or any part thereof, or any substantially similar version of the Interactive Content can be separately exported, extracted, or de-compiled into any re-distributable form or format. All other rights with respect to the Interactive Content and its use are reserved by Michael Dedes Visual Arts (MikeD) and/or their respective licensors. User warrants and is responsible to ensure that the Interactive Content used in User’s applications are not available to end users in their native formats and that every effort is made to protect the Interactive Content from theft or copyright infringement by employing technology, asset protection, encryption or any other resources at User’s disposal.
    Three-Dimensional Works. User may access, use, copy, and modify the Interactive Content to create one or more derived or additional three-dimensional works provided that:

    • any such derived or additional three-dimensional works are designed to require or encourage the use of Interactive Content available through the online Michael Dedes Visual Arts (MikeD) store either by (i) requiring the use of such Interactive Content in order for the works to function, or (ii) allowing only limited function when the works are used other than in conjunction with Interactive Content from the online Michael Dedes Visual Arts (MikeD) store; and
    • upon receipt of a written request from Michael Dedes Visual Arts (MikeD), User immediately ceases any and all distribution of the art that User has created from the Interactive Content, if Michael Dedes Visual Arts (MikeD) has determined, in its sole discretion, that such art (i) is substantially similar to or is a clone of existing Content; (ii) fails to require the use of Content available through the online Michael Dedes Visual Arts (MikeD) store, or (iii) otherwise violates the provisions of this EULA.
      The creation of three-dimensional physical representations (3D-print, molded copy, CNC-routed copy, and the like) of Interactive Content or any three-dimensional art derived from the CRT Content is permitted only for personal, non-commercial use by the User. Additionally, the User may not grant other entities or individuals the right to produce such physical representations of the Interactive Content except for the sole purpose of providing the print to the User for their personal use. All other rights with respect to the Interactive Content and its use are reserved by Michael Dedes Visual Arts (MikeD) and the respective licensors.

While incorporation of the Interactive Content into User’s applications is authorized as set forth above, User expressly agrees and acknowledges that any discrete sale of Interactive Content separate from a purchase of the User’s application is allowable ONLY with express written consent of Michael Dedes Visual Arts (MikeD). Thus, for example, within the context of a game, the sale or purchase of the Interactive Content, portions thereof, or either two-dimensional or three-dimensional derivatives thereof as a separately-purchased commodity or upgrade using items of actual or virtual worth is prohibited without prior written consent of Michael Dedes Visual Arts (MikeD). Written consent of Michael Dedes Visual Arts (MikeD) may be sought at the address set forth herein.

Additionally, the distribution of Interactive Content to or through User’s applications in a form that is either a cloud based platform, or is providing updated and additional Interactive Content to individuals after the initial install of User’s application is allowed under this Addendum for any individuals or business entities with annual revenues less than €1,000,000 Euros. Any individual or business entity with annual revenues in excess of €1,000,000 Euros is allowed these distribution rights ONLY with the express written consent of Michael Dedes Visual Arts (MikeD).

  • Share