License Terms

The following License Terms together with the Cubebrush Terms of Service ("TOS") as the same may be amended or updated from time to time (collectively the “Agreement”) constitute an agreement between you (“Buyer” or “you”), the seller (“Store Owner”) and Cubebrush, LLC and/or any of its affiliates (collectively “CLI”), setting forth the rights and obligations with respect to the digital content (“Products”) licensed by you. Any terms not defined herein shall have the definition set forth in the TOS. Please review the Agreement before you purchase any Products.

All Products available on cubebrush.co & cubebrush.com are protected by United States and international copyright laws and treaties. As between you and the Store Owner, the Store Owner retains ownership of the Products, but grants to you certain rights to use the Products on the following terms. All other rights are expressly reserved by the Store Owners.

Store Owners hereby grants you a non-exclusive, non-transferable right to use, modify and reproduce the Product worldwide, in perpetuity, as expressly permitted by the license herein and subject to the terms set forth herein:

Basic License

1. You may use a purchased Product in a new End Product as long as the End Product meets the following requirements.
   • End Products must be significantly different than the original Product and require time, effort, and skill to produce.
   • End Products must not be used or sold in a way that is directly competitive with the original Product you purchased.
   • End Products must not redistribute the original Product to any third parties in a manner that allows for the extraction of the original Product.
   • For the following categories, special terms apply:
     • Tutorials:
       A tutorial is just that - a tutorial. None of its content may be redistributed in any way and everything that comes with the purchase should be used for personal use only. For example if a tutorial comes with extra files such as 3D models, PSDs, etc, those should only be used for personal projects unless they are installable in nature.
     • Installable Products:
       Here, an End Product must be a unique implementation of the Product. For example, you may purchase a ZBrush plugin and use it to make your 3D sculpts, or purchase and use a brush to create an illustration, but you must not redistribute the original files in any way.
     • 3D Models and Textures:
       Here, an End Product must be a unique implementation of the Product, often requiring limited copy and content changes. For example, if you purchase a 3D model, you may use the Product & any variations derived from it in your game (you may not resell it as stock).
2. A purchased Product may be used in one Project. As an exception, Tutorials and Installable Products may be used in an unlimited number of Projects on a one user per license basis. A Project is defined as a complete and cohesive undertaking that may result in one or more End Products. Any End Products included in the one Project must be directly related under a single concept. However, all purchased Products may be used in an unlimited number of Personal Use Projects.
3. Under the Basic License, you may use purchased Products to create End Products for Sale where lifetime sales of the End Product for Sale do not exceed 1000 units. If a Basic Licensed Product is purchased and used to create an End Product for Sale of which the sales exceed 1000 units, a Commercial License must be purchased. If a Product is offered as a Free Product, its Basic License allows for personal use only. For End Products that are not offered for sale, you may distribute as many copies of the End Product as you like.
   An End Product For Sale can be either a digital design or physical Product that you and/or your client intend to sell to more than a single person (wholesale, drop-shipping, etc.). For purposes of this license, “intend to sell” means you plan to sell, license, sub-license, or distribute the End Product for any type of fee or charge.
4. You may modify or manipulate the Product, or incorporate it into other content and make a derivative work from it. As between you and the Store Owner, the Store Owner will retain all right, title, and ownership in the Products, and the resulting derivative work is subject to the terms of this Basic License.
5. You may not sub-license, resell, share, transfer, or otherwise redistribute the Product (e.g. as stock, in a tool or addon, with source files, and/or not incorporated into an End Product) under any circumstances, not even for free.
6. You may not make the Product available on a digital asset management system, shared drive, or the like for the purposes of sharing or transferring the Product, and you must not permit an end user of the end product to extract the Products and use it separately from the End Product.
7. You may use purchased Products for broadcast uses up to 10,000 views or viewers in a given month such as TV, films, streaming video, on demand broadcasts, and/or online videos. For anything over 10,000 monthly views or viewers, contact the Store Owner directly in order to inquire about further rights options.
8. You may not publicly display the Product: (a) as a standalone file in any digital format on the internet; or (b) in any digital format without imposing technical or written restrictions to prevent the unauthorized use of the Product by third parties. You agree to take all commercially reasonable steps to prevent third parties from accessing and/or duplicating the Product. If you become aware of any unauthorized duplication of any Product please notify us via email at copyrightagent@cubebrush.co.
9. You may not use any Product in a way that violates the Agreement including, without limitation, in a manner that infringes any third party's trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition. Products that contain digital images of real products, trademarks or other intellectual property owned by third parties may require clearance from the rights owner. It is your responsibility to consider whether your use of these Products requires a clearance and if so, to obtain that clearance from the rights owner.
10. You may not register as a trademark the Product or the end product incorporating the Product – not even logos. If you use the Product to create a logo for yourself or a client, keep in mind that third parties can use the Product too, even in another logo.
11. You may not use any Product if that use could result in a third party’s claim that it acquired rights in the Product that are contrary to this license. Upon the Store Owner’s request, you shall immediately remove the Product from any unauthorized location or use, including an unauthorized social media platform or website.
12. You may not falsely represent, expressly or by way of reasonable implication, that any Product was created by you or a person other than the copyright holder(s) of that Product.
13. You may not use Product(s) containing models and/or property in a manner that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, deceptive, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, obscene, threatening, profane, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is otherwise objectionable.

Commercial License

If you purchase a Commercial License, the following terms apply:

1. This Commercial License allows you to use Products in any manner permitted under the Basic License, and pursuant to the obligations and restrictions therein; and
2. You may also use Products purchased under the Commercial License to create an unlimited number of End Products for Sale, in which the End Product for Sale may be sold an unlimited number of times.

Studio License

If you purchase a Studio License, the following terms apply:

1. This Studio License allows you to use Products in any manner permitted under the Basic License, and pursuant to the obligations and restrictions therein; and
2. Any number of users from a single studio/establishment may also use Products purchased under the Studio License.

Miscellaneous

1. Portions of some Products may be governed by an open source software license such as the GPL (GNU General Public License). In these cases, any portions of Product not governed by an open source license will be covered by this license. You will have to review the terms of the applicable open source license to determine the requirements applicable to those portions of the Product.
2. If you breach any of the terms of the Agreement, the license can be terminated, in addition to Store Owner’s and CLI’s other rights at law and/or equity. If that happens, you must stop making copies of or distributing the End Product until you remove the Product from it. CLI shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of a breach.
3. If you create the End Product for a client, your client must comply with these License Terms.
4. This Agreement constitutes the entire agreement between you and the Store Owner, and you and CLI, concerning your use of the Product. If any provision of the Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of that part of the Agreement shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect. If there is an inconsistency between the terms of the License Terms and the TOS, the License Terms will apply to the extent necessary to resolve the inconsistency.
5. The Store Owner’s or CLI’s failure to assert any right or provision under this License shall not constitute a waiver of such right or provision.
6. All Products are provided "as is" without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose.
7. CLI and Store Owner do not warrant that the Product, Cubebrush websites, or other materials or services ("Cubebrush Products & Services") will meet your requirements or that use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the Cubebrush Products & Services is solely with you.
8. Published products containing any existing intelectual property (IP) elements may only be used in a personal/educational or editorial manner, relating to events that are newsworthy or of public interest, and may not be used for any commercial, promotional, advertising or merchandising use. Editorial restrictions include not using that material in the following ways:
   
   • Products may not be used on any item/product for re-sale, such as a video game or 3D printed models
   • Products may not be used as part of billboard, trade show or exhibit display
   • Products may not be used in any defamatory, libelous or otherwise unlawful manner whether directly or in context or juxtaposition with specific subject matter
   • The material may not be incorporated into a logo, trademark or service mark. For example, you can’t use Editorial content to create a logo design
   • The material may not be used for any commercial, non-news related purpose.