Asset Licence
By Currawong Games Interactive
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Note: The following summary provided is non-binding and provided for your convenience only. The Currawong Games End User Licence Agreement below contains the complete terms and governs your use of the Assets which must be read in full. In the event of any inconsistency between this summary and the End User Licence Agreement, the terms of the End User Licence Agreement take precedence.
Summary
As the purchaser of this Asset Product, you may:
- Use the Assets privately or commercially.
- Modify the Assets to suit your needs.
- Sell games and other Projects containing the Assets.
- Sell Modified Assets individually or as part of a new Asset Product.
- Share the Assets privately with employees, contractors, or other collaborators for Projects you are working on.
You may not:
- Resell or make publicly available any of the Unmodified Assets.
- Include any of the Unmodified Assets as part of your own Asset Product.
- Claim the Unmodified Assets are your intellectual property.
Other:
- Crediting us is appreciated but not required.
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Currawong Games End User Licence Agreement
This End User Licence Agreement ("Agreement") is a legal agreement between any person or entity that purchases and uses the Assets ("you" "your" or the "Licensee") and B.S. BOYLE & D.S BOYLE ABN 77 858 023 or its permitted assigns ("Currawong Games Interactive" or "the Licensor"). By purchasing and using these Assets, you accept, and are agreeing to be bound by, the terms of this Agreement.
1. GRANT OF LICENSE
- Upon purchase and subject always to clause 2 of this Agreement, Currawong Games Interactive grants you a revocable, non-exclusive, worldwide, perpetual licence to use the Assets in any personal and commercial projects.
The rights grants to you under the License include, but are not limited to, a right to:
- incorporate the Assets in to any Project and compatible tool (e.g. Game Engines, 3D Software);
- use the Assets in any Projects with or without modification (e.g. Games, Animations, Films, Environments, Architectural Visualisation, Visual Art, Promotional Material);
- modify the Assets to suit any Projects;
- commercially sell or distribute any Projects comprising the Assets;
- commercially sell or distribute the Modified Assets, individually or included as part of a new Asset Project; and
- extend private, exclusive access to the Assets to any employees, contractors, or other collaborators of a shared Project, provided that:
- any access granted to a contractor or collaborator is limited to access and use within the scope of the shared Project; and
- you will be responsible and liable for ensuring employees, contractors and any other collaborators act in accordance with the Agreement.
2. RESTRICTIONS
Any access or use of the Assets (including under the Licence) are subject to the following restrictions:
- Raw File Redistribution: You must not (and must not allow, enable or permit any other person to) resell, redistribute, transfer, or otherwise make publicly available for download, in whole or in part, any Unmodified Assets.
- Unmodified Asset Product Creation: You must not (and must not allow, enable or permit any other person to) create a new Asset Product, for sale or other means of public distribution, which includes, in whole or in part, any Unmodified Assets.
- Circumvention: You must not (and must not allow, enable or permit any other person to) represent an Asset Product as a Project, or create a Project whose primary utility is to provide, for sale or other means of public distribution, in whole or in part, any Unmodified Assets.
- No Claim of Ownership: You must not (and must not allow, enable or permit any other person to) claim the Unmodified Assets as your own intellectual property or claim ownership of intellectual property rights belonging to Currawong Games Interactive, including (without limitation) such rights that subsist in the original Assets.
- You may not allow, enable or permit others to act in contravention of this Agreement, including (without limitation) by allowing, enabling or permitting any other person to carry out the actions under the above Restrictions on your behalf.
3. OWNERSHIP
- All Unmodified Assets remain the intellectual property of Currawong Games Interactive. Licensor retains ownership of all right, title and interest in and to the Unmodified Assets and this Agreement does not transfer ownership of any copyright or other applicable intellectual property rights in the Unmodified Assets.
- You retain ownership of your own original work and substantial modifications made to the Assets and any intellectual property right subsisting in those works.
- Nothing in this Agreement prevents you from claiming ownership of your own original contributions or substantial modifications. However no rights of ownership in and to the Assets and Unmodified Assets are granted to you, nor are you permitted to redistribute those assets in violation of this Agreement.
4. ATTRIBUTION
- Attribution is not required for any use of the Assets.
5. WARRANTIES
- The Assets are provided "as is" and to the extent permitted by applicable law, the Licensor does not many any representations, warranties or guarantees in respect of the Assets or Licence, including (without limitation) any representations, warranties or guarantees that the Assets are fit for your intended purpose, or are free from any errors, defects or viruses, and will not give rise to any third-party claims.
6. TERM & TERMINATION
- This Agreement is effective from the date you purchase the Assets and continues until the Licence is wholly revoked under clause 7 of the Agreement.
- You may stop using the Assets at any time in your sole discretion.
- Upon termination of this agreement, you must immediately stop, and direct all sublicensees and authorised users of the Assets to stop, using the Assets, including as comprised in any Project.
7. REVOCATION
- Without limiting any other provisions of the Agreement, violating any of the restrictions outlined in clause 2 constitutes a material breach of the Agreement.
- If you breach this Agreement, Currawong Games Interactive may provide written notice describing the breach. From receipt of this notice, you have fourteen (14) days to remedy the breach where the breach is capable of being remedied. If the breach is not remedied within that period or the breach is not capable of being remedied, Currawong Games Interactive may elect to revoke the Licence (whether partially or wholly) immediately upon notice.
- If Currawong Games Interactive partially revokes the Licence, the Agreement continues to apply to the portion of the Licence that remains on foot.
8. LIABILITY
- If the Licensor is found liable under or in connection with this Agreement, then to the full extent permitted by applicable law, Licensors total liability (whether arising under contract, tort (including negligence) or otherwise) is limited to:
- rectifying the Assets or paying the cost of rectifying the Assets; or
- providing a replacement that is identical to, or of the same type and value as, the Assets,
and provided that Licensor's total liability does not exceed the cost at which you purchased the Assets
- Currawong Games Interactive reserves the right to pursue any remedy of their choice under applicable law for violations of the Agreement or damages arising thereof, including but not limited to:
- contacting you about the breach;
- formal takedown notices; and/or
- formal legal action.
- You indemnify the Licensor against any loss, claim or liability incurred by the Licensor, directly arising from or in connection with your breach of this Agreement.
- Neither party is liable for:
- any consequential loss, including (without limitation) any special, exemplary or punitive damages, except in circumstances where such loss flows directly from a breach of this Agreement by that party; or
- any loss, claim or liability to the extent caused or contributed to by the other party.
- Nothing in this clause prevents the Licensor from taking immediate action where it deems reasonable and necessary to prevent ongoing or imminent harm or infringement.
- This clause 8 survives termination or expiry of this Agreement.
9. GOVERNING LAW
- This Agreement is governed by the State Law of Queensland, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland, Australia.
10. DEFINITIONS
For the purposes of this Agreement:
- "Assets" refer to the digital files included in the Grevillea Robusta - Australian Trees Asset Collection, including all meshes, textures, and any other digital content supplied as part of this product.
- "Asset Product" refers to a product whose primary utility is to provide the assets for use in other projects. This includes individual assets, asset packs, collections, libraries, bundles, and similar products offered for sale or public distribution.
- "Licence" refers to the licence granted to you at clause 1 of this Agreement.
- "Modified Assets" refers to versions of the Assets that have been substantially altered, edited, combined, or changed to create a distinct result or provide new value beyond the original Assets. Without limitation, changes such as altering the file name, converting to another file format, or adjusting settings already provided by the Assets do not by themselves fundamentally alter the underlying Asset and do not qualify as a Modified Asset for the purpose of creating or distributed an Asset Product.
- "Unmodified Assets" refers to the Assets in substantially the same form in which they were provided by the Licensor, regardless of whether they have been renamed, reorganised, repackaged, converted to another file format, or included alongside other content.
- "Project" refers to a product that incorporates the Assets as a component of its content, where the primary utility of the product is not to provide the Assets for use, such as games, animations, films, environments, architectural visualisation, promotional material, and similar works.
11. SUPPORT & CONTACT
For licence inquiries, custom permissions, or technical support, please contact us at:
Email: [email protected]
Currawong Games