Product
End User
License
Agreement.
Last updated August 08, 2023
This Human Capture Product End User License Agreement (“Agreement”) is made between you (either an individual or an entity, referred to herein as “you”) and all DOTS Maciej Molewski (“all DOTS/Human Capture”) and governs your use of the Products and the Motions in particular (as defined below).
By creating a Customer Account or purchasing Product, as User from all DOTS/Human Capture you acknowledge that you have read these terms and conditions, understand them, and agree to be bound by them. if you do not agree with or understand these terms and conditions you should not register Customer Account or purchase any Products from Human Capture.
Refund Policy
Human Capture 3D Motion Library provides its Users and Registered Users with an online preview of the motion that can be accessed individually on the product pages before making a purchase. Please watch the preview videos thoroughly before proceeding with any purchase, as all purchases made on Human Capture are non-refundable.
Definitions
Motion - Means digital files containing mockup data of motion/mimic sequences dedicated to use with Epic Games Metahuman characters.
Other Content - means all digital files, with the exception of Motions, that are part of Products offered at https://humancapture.com.
Product - Means a number of Motions combined into one set, published at https://humancapture.com and compressed into one file in .zip format for the purpose of download by the User or Registered User upon purchase made at https://humancapture.com.
User - Refers to any person or business entity that purchases Products at https://humancapture.com without creating a Customer Account.
Registered User - Refers to any person or business that purchases Products at https://humancapture.com through a previously created Customer Account at Human Capture.
Collaborator - Refers to another person working jointly with a Registered User at https://humancapture.com to complete the same project and/or a co-worker within the same organization and/or a business entity holding a Customer Account at Human Capture.
Vendor - Refers to Human Capture and any other developer whose Products are offered for download at https://humancapture.com.
Developer - Refers to other Vendors, except Human Capture whose Products may be offered to download at https://humancapture.com.
Royalty-Free - Refers to a one-time payment transaction with no future payments, royalties, fees, costs, or expenses required or imposed upon you for the use of the Motions sold in Products.
Internal Use Only Content - Refers to those Other Contents that contain third-party rights and, as such, are not subject to the License granted to the User and/or Registered User by the Vendor upon purchase.
For example, video files with rendered motions presented on Metahuman characters are part of Products but defined as Other Content. They have been included in the Product for the convenience of Users and/or Registered Users for the purpose of fast browsing through downloaded Motions. Any other use of them is prohibited.
License - refers to the scope of rights granted to the User and/or Registered User upon the purchase of Products, specifically referring to Motions.
SCOPE OF RIGHTS
Upon finalized purchase, the Vendor grants to you a Royalty-Free, non-exclusive, worldwide, limited commercial license to use the Motions in accordance with terms of the applicable license.
The Vendor retains all copyright, title and interest to the Motions.
LICENSE GRANTED UPON PURCHASE
You may use purchased Motions to freely copy, edit, adapt, and/or generate your creations based on the purchased motion sequences.
You may provide, sell and redistribute your creations with full ownership and use-rights in Image or Video file formats (“Imagery Use”).
You are granted the right to use the creations made for non-commercial and/or commercial purposes with use of purchased Motions in news, movies, television programs, video projects, multimedia projects, theatrical display, all softwares, architectural renderings, games, virtual worlds, advertising, and all other publications.
You may use the Motions to generate your creations made for non-commercial and/or commercial purposes, and provide, sell, and/or redistribute your creations with full ownership and use-rights in games, AR/VR projects and interactive services.
The Imagery Use includes all creations made with use of Motions and transferred to physical forms, such as 3D-prints, books, t-shirts, packaging materials, stickers, ect., made for non-commercial and/or commercial purposes by User or Registered User.
All license rights granted upon purchase are limited to Motions only and don’t apply to Other Content delivered in products.
The use of Motions in the described scope of rights is limited to the User obtaining the Products.
ADDITIONAL RIGHTS TO REGISTERED USERS
Registered Users who purchase Products through already registered Customer Accounts are entitled to extend the number of seats using the Motions up to 2 Collaborators.
FORBIDDEN USE
You and/or your Collaborators are not allowed to use the Motions or edited/modified Motions for distribution and/or redistribution purposes, whether for non-commercial or commercial purposes, using any direct or indirect methods of delivering the Motions.
You and/or your Collaborators are not allowed to make Motions available to any third party through any file-sharing services (including cloud storage services, emails, servers, FTP, etc.) nor through any other digital distribution channels and/or file transfers (for example: through Bluetooth transfer or AirDrop, etc.) that would result in the third party obtaining the Motions.
You and/or your Collaborators are not allowed to use mockup data in Motions for AI machine learning processes as learning data.
You and/or your Collaborators are not allowed to use Motions in creations that would violate any law, statute, ordinance or regulations.
You and/or your Collaborators are not allowed to misrepresent themself as the Developers of purchased Motions.
VIOLATION OF END USER LICENSE AGREEMENT
Any unauthorized or forbidden use of any Motion or Other Content in Products, or Products in whole conducted by User and/or Registered User and/or Collaborator, will be treated as a violation of the terms and conditions specified in this End User License Agreement. This violation may result in Human Capture, or third parties authorized by Human Capture to act on its behalf, exercising all rights and remedies available to them under copyright laws around the world. When such a situation occurs, the User or Registered User to whom such violation is proven will be held responsible for any damages resulting from such copyright violations, including any claims made by third parties.
LIABILITY
User and/or Registered User confirms and agrees that Human Capture will not be liable for any loss or damage however caused (including through negligence) which may be directly or indirectly suffered in connection with any use of the Products.
Human Capture takes measures to develop the Products in the best manner possible (within a reasonable scope of actions) for the purpose of easy, instant, and compatible use in Unreal Engine 5 software. However, due to possible instabilities or inconsistencies of software, operating systems, and hardware, Human Capture is not able to provide a warranty or guarantee of use free of incompatibilities or performance issues.
The Products at https://humancapture.com are offered by Human Capture on an "as is" basis. As a result, a User and/or Registered User acknowledges that Human Capture won't be held responsible for any lack in quality, functionality, or suitability for a particular purpose expected by the User and/or Registered User. By purchasing the Product, the User and/or Registered User declares that they have inspected and assessed the Product before the purchase and will have no recourse to claim compensation from Human Capture.
Human Capture, in accordance with applicable law, expressly disclaims any and all warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, with respect to the Motions or Motions modified by User, and/or Registered User, and/or Collaborator.
Human Capture shall not be held liable to the User and/or Registered User, or any other person or entity, for any punitive, special, direct or indirect, consequential, incidental, exemplary, or similar damages, including but not limited to loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or any other economic advantage, as a result of or in connection with this agreement.
TERMINATION
Your entitlement to the Motions is contingent upon your purchase of the Products that include such Motions.
Any payment reversal for a purchase, regardless of the reason, will result in the immediate termination of all rights granted under this End User License Agreement.
Unless otherwise specified in this Agreement, either Human Capture and/or User, and/or Registered User shall have the right to terminate this Agreement if the other party is in breach of this Agreement and fails to rectify such breach within 7 days after receiving written notice of the breach.
Upon termination, User, and/or Registered User, and/or Collaborators shall promptly cease using and permanently delete the Motions and all modified versions thereof.
GOVERNING LAW
This End User License Agreement is governed by and interpreted following the laws of Poland, except for international laws applying to copyrights, patents, and registered trademarks.
Any condition or term of this Agreement deemed null and void by a court having appropriate jurisdiction will not affect the other parts of the Agreement that remain in force.
CONTACT INFORMATION
In order to resolve a complaint regarding the Products or to receive further information regarding use of the Services, please contact:
all DOTS Maciej Molewski (acting as Human Capture)
Jasnodworska 3C
Warszawa, Mazovia 01-745
Poland