ambientLight Royalty Free End User License Agreement & Terms of Sale
Effective February 2007
ALL CONTENT PURCHASED FROM THIS SITE IS SUBJECT TO COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. READ THE FOLLOWING INFORMATION CAREFULLY.
You must read, agree with and accept all of the terms and conditions contained in the ambientLight Content License Agreement (the "Agreement"), which include those terms and conditions expressly set out below and those incorporated by reference, before you may purchase any Content (as defined below) from ambientLight. It is assumed that as you read the Agreement, you will also access and read all information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to the sale or use of the Content purchased.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 7 days after they are initially posted on our site. The Agreement may not be otherwise amended except in a writing signed by you and ambientLight.
Definitions: "Content" refers to any and all material digitally published at ambientLight and offered for Sale including but not limited to 3D Models and textures. "Sale" refers to a sale of license rights in content, or other property via ambientLight.
Ownership. Copyrights and all other rights in the content, instructions, manuals, and general works represented on the Site are held by ambientLight and or it's 3rd party content creators. ambientLight is free to grant any or all of their rights to others before, during, and after the term of this Agreement.
3rd Party Products. Products created by 3rd party manufacturers and sold via ambientLight are covered by the manufacturers own License and Terms of Sale, which will be available for review on the products information page and will be included in the products download file. If the 3rd party manufacturer does not have it's own License and Terms of Sale, the sale of the content will be covered by ambientLights Royalty free license.
License Rights Granted. The party who purchases license rights to the Content is granted a non-exclusive, non-transferable, worldwide, royalty-free license to: publicly perform, publicly display, digitally incorporate into separate software, and digitally perform said content. The purchaser of Content may not dispose of the Content through merger, bankruptcy, or forced sale. All license rights terminate immediately and without notice if a sale is reversed for any reason. All license rights terminate immediately and without notice upon dissolution of the purchaser of those rights.
Resale. The resale or redistribution of any content obtained from ambientLight as individual works is expressly prohibited.
Returned Content. In the event any content is returned all license rights granted herein terminate and the User must immediately destroy any and all copies contained on any type of media under the control or possession of the User.
Returns / Refunds. Refunds are given at
the discression of ambientLight. As electronic goods are non-tangible
and irrevocable refunds are not normally issued, although we will deal
them on a case by case basis. All refund requests must be made no later
than 5 days after purchase, and will be dealt with on a case by case
basis.
Choice of Law and Venue. This Agreement is entered into in the United Kingdom and shall be governed by and construed in accordance with the laws of the United Kingdom, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the courts sitting in the United Kingdom, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce the Agreement, the prevailing party will be entitled to costs and attorney fees. In the event that any of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so the Agreement shall otherwise remain in full force and effect.
Notices. All notices will be given via electronic mail sent to the email address you provide to ambientLight during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, ambientlight may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to ambientLight during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. Any notice to ambientLight, required by this Agreement or given in connection with it, shall be in writing and delivered by certified mail to: ambientLight, 16 Maudslay Road, Ipswich, Suffolk, IP1 5PN, United Kingdom.
Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site.
No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Entire Agreement. This Agreement, the referenced
Terms of Use, and the ambientLight
Privacy Policy constitute the entire agreement between ambientLight and you pertaining to the subject matter of this Agreement. In its sole discretion, ambientLight may modify this Agreement at any time by posting the revised version on this Site.
No Unlawful or Prohibited Purpose. As a condition of purchasing, using, and downloading Content, you warrant to ambientLight that you will not use the Content for any purpose that is unlawful or prohibited.