End-user License Agreement

 

The terms and conditions of use (hereinafter, “Conditions”) of BoModels Products (hereinafter referred to, as “BoModels Products”) are shown below and regulate the relationship between BO SELECTED, S.L. as Licensor, and the End-User of the BoModels Products as Licensee.

1. DEFINITIONS

In this License Agreement (hereinafter also referred to as “EULA”), the terms indicated shall have the following meaning:

1. BO SELECTED, S.L. (hereinafter “BO SELECTED”) is a Spanish limited liability company, duly incorporated and existing according to the laws of Spain, with registered office in Carrer Torrent d'en Vidalet, 22, Local Derecha, 08012, Barcelona, Tax ID:B67515668, operator of the site, that produces and sells three-dimensional models and textures, and the relative contents are protected by Copyright.
2. “Model” or “Content” “BoModel ProductS” is a three-dimensional model, a combination of three-dimensional models and/or textures, created by BO SELECTED. Content is therefore intended as any 3D files, images or any media or other material that is downloaded from the site, together with any accompanying material.
3. Customer” or “End-User” means the person or entity that makes the registration and the purchase or, if the purchase is made in the name and on behalf of a company, the company itself.

 

2. CHARACTERISTICS OF BOMODELS PRODUCTS: BO SELECTED markets digital files for download. These digital files contain 3D Models. These Models are based on real products (or not) related to decoration, furniture, beverages, and floristry. BO SELECTED publishes from time to time a thematic collection on one of the above categories. These Models are usually made in 3D Studio Max software and are rendered with Corona Render engine. Each digital file contains a copy of the 3D Model in different file types depending on the type of software in which they will be used. BO SELECTED offers versions for every 3D software on the market. In addition, BO SELECTED includes in the download JPG files that represent the textures of that 3D model.

 

3. CONDITIONS OF THE EULA

3.1 With this Agreement BO SELECTED grants the End-User a perpetual, non-exclusive and non-transferable world license to use the Content for permitted uses as described below. Any use that is not expressly qualified as a permitted use is to be considered as forbidden and not authorised by BO SELECTED.

3.2 The End-User may use the Content for advertising, promotional and other permitted uses (as specified below). The End-User may not use the Content in products for resale, for licensing or other form of distribution, and this also applies if the original Content made available by BO SELECTED has been modified or transformed by the Customer. If the Customer modifies or transforms the Content, the latter shall remain, in all events, the exclusive property of BO SELECTED.

3.3 The End-User is exclusively authorised to use the Content for their own purposes. As a result, the End-User may transfer the Content to their own customers only for the purpose of reproduction for the permitted uses, provided that the Content is not made available and the customers are not able to extract or access or reproduce the Content as an electronic file; such persons or entities do not, in fact, have further or additional rights to use the Content.

 

4. PERMITTED USES

Without prejudice to the limits described in Clause 5 below (“Prohibited Uses”), the “Permitted uses” of the Content are:

1. Advertising and promotional designs, multimedia presentations, including films and videos, commercial breaks, broadcasts, and theatre productions.
2. Entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters.
3. On-line or electronic publications, including web pages and/or internet broadcasts.
4. Prints, posters, catalogues, brochures (including in paper form) and others.
5. Any type of personal projects and/or works of art.
6. Any other use approved by BO SELECTED in writing. If there is any doubt whether the use proposed is a Permitted Use, the End-User has the obligation to contact BO SELECTED beforehand.

 

5. PROHIBITED USES

The End-User is prohibited from using the Content for uses that are not expressly “Permitted Uses”. Without prejudice to what is set out in clause 12 below, the “Prohibited uses” are those hereinafter listed.

By way of example and not in exhaustive terms, the End-User may not:

1. Use the BoModels Products in applications intended for resale, unless with the express authorisation of BO SELECTED in this sense, requested on each occasion.
2. Integrate the BoModels Products in any product that results in a re-distribution or re-use of the Content or otherwise makes the Content available in such a way that a person can extract or access or reproduce the Content as an electronic file.
3. Patent, resell, rent, loan, assign or otherwise transfer or distribute the Content or associated rights in accordance with this Agreement.
4. Use or visualise the Content in electronic form to be downloaded or distributed through mobile devices or shared in any way, with peer-to-peer arrangements or with any other similar means of sharing files.

 

6. MEANS OF ACCESS TO BOMODELS PRODUCTS

6.1 For the purpose of being able to use the BoModels Products, the End-User must follow the following steps:

• Register on the bomodels.es website.
• Choose one or more models available on the Bomodels.es website.
• Accept this EULA and the relative Conditions and provisions.
• Press “checkout”.
• Complete the billing details and pay the amount requested for the Product(s) selected.

6.2 Once it has received payment, BO SELECTED confirms the order and the payment by forwarding a communication to the e-mail address provided by the End-User. The End-User is therefore responsible for the correct indication of the e-mail address when registering.

 

7. CONCLUSION OF THE EULA

 

7.1 The End-User’s registration is carried out through an on-line procedure and involves the provision of specific information, including: name and surname, country, Company, employment sector and e-mail address. The End-User undertakes to:

1. Provide the personal information requested during this procedure, taking care that such information is up-to-date, complete, and true.
2. Update this data promptly and constantly so that they are always up-to-date, complete, and true. If the End-User provides false, inaccurate, out-of-date, or incomplete information, or if BO SELECTED considers, based on its own discretional judgement, that the information provided by the End-User is false, inaccurate, out-of-date, or incomplete, BO SELECTED shall have the right to disable the account of the End-User temporarily or definitively, preventing any further use. At the end of the registration procedure, the End-User obtains the attribution of a personal Account to which they access by means of a confidential User Identification (ID) and Password (PW). Use of the site and of the Account is strictly personal. The End-User is solely and exclusively responsible for the safekeeping and proper use of the access credentials to their Account (responsibility that extends to any sort of activity exercisable through their relative use) and, as a result, undertakes to perform the login and logout procedures correctly and attentively, to immediately communicate to BO SELECTED any non-authorised use of their Account, as well as any other breach of the security regulations of which they become aware. BO SELECTED may not, in any way, be held liable for damages deriving from failed compliance with these registration procedures, since the End-User is aware that, for the purpose of regulating access to the service, their authentication depends exclusively on the check of their ID and PW. The End-User is solely liable for any damage or harm deriving to BO SELECTED or to third parties further to incorrect use, loss, theft and/or impairment of the confidentiality of the ID and PW. All the operations carried out through the user Account are automatically distinguishable to the End-User, without exceptions. 

7.2 The EULA takes effect when consent has been expressed as per the above. The EULA is entered into in English.

7.3 BO MODELS confirms receipt of the End-User’s declarations by forwarding a communication to the End-User’s e-mail address included on the payment/downloading form. The communication must contain: 

• The name, legal address, and contact details of BO MODELS to which the End-User may submit complaints.
• The hyperlink for the text of this license Agreement.
• The price for the Model(s) requested, including all taxes.
• The methods of payment and of performance.

7.4 By completing the registration and payment forms and by clicking on the “Download” button, the End-User accepts these Conditions without reservations. With this acceptance, a contract is entered into with BO SELECTED and the End-user undertakes to comply with all the provisions. The End-User may correct the information that is included on the payment/download forms before confirming the purchase request.

7.5 All payments and/or downloads of the Content carried out on BO SELECTED website must be performed directly by the End-User or by the legal representative if the End-User is a legal entity.

7.6 The purchase order may not impose any obligation on BO SELECTED if the End-User’s e-mail address indicated in the registration form is incorrect or incomplete or when BO SELECTED has not received payment of the ordered Content.

 

8. PRICES AND METHOD OF PAYMENT

 

8.1 The prices are those indicated on the site. BO SELECTED reserves the right to modify the prices at any time, without prejudice to the fact that the modification of the prices is not applicable to orders already made. The prices are in Euros and include VAT.

8.2 Payment is made on-line with the methods indicated on the site.

8.3 A confirmed order is processed by BO SELECTED only further to receipt of payment. In the event of the bank’s refusal, the order is cancelled and notice of cancellation is sent (both on the site and by electronic mail).

 

9. OBLIGATIONS OF THE END-USER

 

The End-user undertakes to:

1. Pay the costs for the chosen Model(s), including VAT if applicable.
2. Not to share, sell, copy, multiply, distribute, modify, or use the BoModels Products in breach of this EULA, when using the BoModels Products.
3. Comply with applicable laws, this License Agreement and principles of morality and good faith,
4. Not to breach the tangible and intangible rights of third parties, including intellectual property rights on any of the components or elements included in the BoModels Products.
5. Not to carry out and not to seek to obtain the non-authorised use of the BoModels Products.

 

10. TERM: The term of this EULA starts from the date it is entered into and remains in force for any future use of the Content, which is paid and/or downloaded by the End-User.

 

11. TERMINATION AND WITHDRAWAL: In the event of termination of, or withdrawal from, this EULA, the End-User must immediately cease use of the BoModels Products and undertakes to cancel all the copies made of BoModels products.

 

12. INTELLECTUAL PROPERTY RIGHTS

 

12.1 The BoModels Products are protected by the laws on Intellectual and/or industrial property rights.

12.2 With the exception of what is expressly provided for in this EULA, BO SELECTED does not grant to the End-User any intellectual and/or industrial property rights on the BoModels Products. BO SELECTED reserves all rights that are not expressly assigned to others.

12.3 The law protects not only the original product published on BO SELECTED’s website, but also the product modified or transformed by the End-User and any other work deriving from the BoModels Products. The End-User is therefore prohibited from revising and/or modifying any product included in the BoModels Products and, in any case, from developing derived works without BO SELECTED’s express written consent. The End-User is not the owner of the modified or transformed BoModel Products, which remains the property of BO SELECTED.

12.4 The End-User undertakes not to use the BoModels Products acquired from BO SELECTED to:

1. Create documents, images, files, or anything else which is illegal, damaging, threatening, abusive, intimidating, defamatory and/or slanderous, vulgar, obscene, harmful to the privacy of others, racist, classist or, in any case, reprehensive.
2. Create documents, images, files, or anything else which could cause damage, in any way, to minors.
3. Create documents, images, files, or anything else for which their transmission or dissemination is prohibited by virtue of a legal or contractual provision or by effect of a relationship of trust.
4. Create documents, images, files, or anything else which implies the breach of patents, trademarks, secrets, copyright or other intellectual and/or industrial property rights of third parties.
5. Create documents, images, files, or anything else in breach of any law or regulation in force. The End-User is solely liable for any breach of the rights of third parties.

 

13. GUARANTIES AND LIABILITY. LIMITATION OF LIABILITY.

 

13.1 BO SELECTED is not liable for illicit or illegal use of the BoModel Products on the part of the Customer.

13.2 The User expressly acknowledges and accepts that:

1. The Content(s) is/are provided “as it is/as they are”. BO SELECTED does not provide any guarantee, including (merely by way of example and not in exhaustive terms) any guarantee regarding the quality, performance, use and compatibility of the product for a specific use.
2. BO SELECTED is not liable for any breaches regarding intellectual property rights or copyright committed by the End-user. The End-User is exclusively liable for the existence of rights, consent, or authorisations necessary for use of the Content.
3. BO SELECTED does not guarantee that (i) the products meet the End-User’s expectations, (ii) any defects in the programmes used will be corrected, (iii) use of the site will be free of errors or uninterrupted: specifically, BO SELECTED reserves the right, at any time and without notice, to modify, or temporarily or permanently interrupt use of the site. BO SELECTED is not liable with respect to the End-User or to third parties for any modification, suspension, or interruption of the site.
4. BO SELECTED is not liable for any direct or indirect damages, including losses of profit, clientele, data or any other loss of tangible or intangible assets, suffered by the End-User or by third parties and deriving (i) from the use or impossibility of use of the site and/or Content, (ii) from the purchase of products or a transaction carried out during use of the site, (iii) further to non-authorised access to the site on the part of an End-User and, (iv) more in general, from any other situation with relation to the site and/or the BoModels Product(s), and that is, also in the event that BO SELECTED has been informed of the possibility of such damages.
5. Use of the site is at the End-User’s risk and danger. The End-User is therefore solely liable for any damage suffered by their computer or for any loss of data resulting from use of the site.
6. No information obtained from BO SELECTED during use of the site may give rise to guarantees not expressly provided for.

13.3 Without prejudice to the above, in no event may BO SELECTED be required to reimburse or compensate an amount greater than that received by way of consideration from the End-User for the product supplied.

13.4 The End-User undertakes to guarantee and hold BO SELECTED harmless against any damage, claim or request coming from third parties deriving from (i) the sending, dissemination, use or transmission of any Content, (ii) breach of the Conditions of Use, or (iii) breach of others’ rights.

13.5 The Site may contain links to the websites of third parties. To be able to use third parties’ programmes and/or web services the End-User must accept the conditions of use imposed by the supplier(s) of such programmes and/or web services, which will regulate only the dealings between the End-User and the supplier(s) in question. In downloading the programmes of third parties or using the web services of third parties, the End-user acknowledges and accepts that BO SELECTED is not liable for the content of such websites. BO SELECTED does not guarantee the availability, quality of the goods and services supplied, or the fulfilment of all the obligations assumed by the supplier(s) of such programmes and/or web services. In no event, therefore, may BO SELECTED be held liable for any claim of any nature, direct or indirect, deriving from or in relation to such third-party programmes and/or web services.

 

14. DISABLING OF THE ACCOUNT 

 

14.1 BO SELECTED has the right to interrupt or to eliminate the End-User’s Account, for any reason and specifically:

1. If BO SELECTED considers that the End-User has breached the Conditions of Use and
2. In the event of conduct considered by BO SELECTED as damaging for its activity or that of others.

The above is without prejudice, in any case, to the right to compensation for damage.

14.2 Any interruption or elimination of the Account may occur at the discretion of BO SELECTED and without notice. BO SELECTED is not liable for the interruption or elimination of the Account.

14.3 In the event that the Account is interrupted or eliminated, BO SELECTED is not obliged to any reimbursement of the End-User.

 

15. MODIFICATION AND/OR INTEGRATION OF THE CONDITIONS OF USE 

 

15.1 These Conditions may be modified and/or integrated unilaterally by BO SELECTED at any time and without notice. Modifications and integrations are valid and effective from the date of publication on the site and apply to subsequent sales.

15.2 The pages of the site that complete the Conditions form an integral part of the Conditions. During promotional campaigns the Conditions may be integrated by supplementary conditions.

 

16. COMMUNICATIONS: Any communication between the parties must be made in writing (by electronic mail). Without prejudice to what is provided for in clause 15, BO SELECTED may communicate modifications and/or integrations to these Conditions of Use also through the insertion of announcements on the site directed to users.

 

17. APPLICABE LAW AND JURISDICTION: These Conditions are governed by Spanish law. The End-User agrees to submit any dispute arising out of or in connection with these Conditions to the Courts of Barcelona, Spain, except where otherwise required by law.

 

18. ENTIRE AGREEMENT: In addition, the End-User acknowledges that this Agreement is the complete and exclusive version of the Agreement entered with BO SELECTED, which replaces any previous proposal or agreement and any other communication between the End-user and BO SELECTED relating to the subject matter of this Agreement. If the End-User breaches the Conditions entered with BO SELECTED, the latter shall have the right to disable your Account without notice. In this case, BO SELECTED shall have no obligation to reimburse any costs incurred by the End-User. The End-User undertakes to contact BO SELECTED in the event there are any doubts regarding the legitimacy of use of the BoModels Products.

 

19. FINAL PROVISIONS

19.1 The Conditions of Use are the only agreement between BO SELECTED and the End-User with regards to use of the site and the purchase of the products. The End-User must also comply with any Conditions of Use which are supplementary or associated with the contents of third parties or relating to rules for the use of the software of third parties.

19.2 The failed application of any provision of this EULA on the part of BO SELECTED cannot be taken as implicit waiver of any provision and/or right.

19.3 This Agreement is personal and not transferable by the End-User. BO SELECTED may transfer this Agreement without the End-User’s consent.

19.4 If any of the clauses of this Agreement are invalid or inapplicable, the Agreement shall remain valid for the remaining part, and the invalid or inapplicable clauses shall be replaced by the parties, either with legal provisions or according to normal practice.

19.5 The User expressly acknowledges to have read, examined, and understood any other agreements and/or regulation published on the site or in any case referred to by these Conditions.

19.6 The End-User confirms to have read and understood this Agreement. In consideration of BO SELECTED’s acceptance to provide the Content, the End-User accepts to be bound by this Agreement.