LICENSE AGREEMENT
In a Nutshell
You can:
You cannot:
You can:
- Install and use our products on one computer per license.
- Use our products in as many personal and/or commercial projects as you want, with no limits on the number of distributed copies of your project.
- Use our products for as long as you wish, your license is not limited in time and there is no subscription of any kind.
- Use our products in your projects without any attribution.
You cannot:
- Sell or distribute our scripts and software.
- Reverse engineer, disassemble, or decompile our scripts and software.
- Sell or distribute our assets (videos, textures, materials,...) as is.
- Include our assets in a trademarked item such as a logo.
- Include our assets in templates, stock footage, or any digital resource. You are the end user.
Definitions
As used in this Agreement:
As used in this Agreement:
- "Content" means any work, including video footage, photographs, illustrations, animations, icons, 3D models, scripts, interfaces, or other digital media work, that is used, downloaded, installed, or exported pursuant to this Agreement.
- "Download" and variations thereof means downloading, obtaining or copying Content (i) from the Website, (ii) through the displaying.xyz desktop applications interface, After Effects scripts, the Website, or any other displaying.xyz product, (iii) through a Panoramix LLC or displaying.xyz email, electronic or wireless delivery, or (iv) through delivery by displaying.xyz or reseller of physical media.
- "Item Page" means the specific Content item and item detail pages on the Website, in the Assets Browser, Templates Browser, and the After Effects Tools and Scripts, including but not limited to After Toolkit, where item previews and information about the particular Content is made available for displaying.xyz Users.
- "displaying.xyz User" means an individual who is a registered or non-registered displaying.xyz user, or account holder.
- "Website" means our internet site at www.displaying.xyz, and the other internet sites of displaying.xyz and its Affiliates and resellers.
Introduction
This End-User License Agreement (this “EULA”) is a legal agreement between you (“Licensee”) and Panoramix LLC (“Licensor”), the author of After Toolkit (the "Software"), including all HTML files, Javascript files, graphics files, animation files, media files, data files, technology, development tools, scripts and programs, both in object code and source code (the “Software”), the deliverables provided pursuant to this EULA, which may include associated media, printed materials, and online or electronic documentation.
By accessing, installing, copying, or using the Software, Licensee agrees to be bound by the terms and conditions set forth in this EULA. If Licensee does not agree to the terms and conditions set forth in this EULA, then Licensee may not access, download, install, or use the Software.
This End-User License Agreement (this “EULA”) is a legal agreement between you (“Licensee”) and Panoramix LLC (“Licensor”), the author of After Toolkit (the "Software"), including all HTML files, Javascript files, graphics files, animation files, media files, data files, technology, development tools, scripts and programs, both in object code and source code (the “Software”), the deliverables provided pursuant to this EULA, which may include associated media, printed materials, and online or electronic documentation.
By accessing, installing, copying, or using the Software, Licensee agrees to be bound by the terms and conditions set forth in this EULA. If Licensee does not agree to the terms and conditions set forth in this EULA, then Licensee may not access, download, install, or use the Software.
Grant of License
The License: Licensor hereby grant you a non-exclusive, worldwide, perpetual right and license (the "License") on the terms and subject to the conditions and limitations set out in this Agreement, to:
use, copy, edit, modify, manipulate, couple and synchronize the Content in any independently authored derivative or other work in any media now known or hereafter devised (including in-context works for advertising and promotion), which incorporates Content together with other substantial independently created works, and is created by or for you or on your behalf as permitted by the terms of this Agreement (a "Production"). For avoidance of doubt "Productions" include video games, movies, and the public display and performance of Content as part of a public event (including performances of the same that are broadcast and/or streamed);
directly or indirectly copy, publish, publicly display and perform, transmit, broadcast, telecast and distribute the Content within such Production(s) world-wide and by any means now known or hereafter devised and allow others to do so; and use the tags, meta data, designations, disclaimers, restrictions, annotations, information and documentation that are available on the Website or otherwise provided by us to you with, in or otherwise relating to Content (the "Content Information") internally to facilitate the foregoing with regard to the Content.
Installation and Use: Licensee may install and use a maximum of one (1) copy of After Toolkit and make multiple back-up copies of the Software, solely for Licensee's commercial and personal use.
Retention of Rights to the Content: you will not acquire, and we and/or the Content contributor will retain, all right, title, and interest in and to all of the copyrights, trademarks, trade secrets and other proprietary rights in the Content or Content Information that are not expressly granted to you by the terms of this Agreement. The License does not include the right to record a new performance of Content or the composition reflected thereby.
License Conditioned on Compliance: The License is conditioned upon material compliance by you and your personnel and contractors (each a "Representative") with and fulfillment of your responsibilities under this Agreement and our receipt of full payment of the applicable price for the License and Content.
Previews. Notwithstanding anything else in this Agreement, this Agreement does not apply to, and Content under this Agreement does not include, any preview of any item displayed in or downloaded from the Website or otherwise provided to you (a "Preview"); Previews are in all respects displayed, downloaded and provided under the Website Terms of Use.
The License: Licensor hereby grant you a non-exclusive, worldwide, perpetual right and license (the "License") on the terms and subject to the conditions and limitations set out in this Agreement, to:
use, copy, edit, modify, manipulate, couple and synchronize the Content in any independently authored derivative or other work in any media now known or hereafter devised (including in-context works for advertising and promotion), which incorporates Content together with other substantial independently created works, and is created by or for you or on your behalf as permitted by the terms of this Agreement (a "Production"). For avoidance of doubt "Productions" include video games, movies, and the public display and performance of Content as part of a public event (including performances of the same that are broadcast and/or streamed);
directly or indirectly copy, publish, publicly display and perform, transmit, broadcast, telecast and distribute the Content within such Production(s) world-wide and by any means now known or hereafter devised and allow others to do so; and use the tags, meta data, designations, disclaimers, restrictions, annotations, information and documentation that are available on the Website or otherwise provided by us to you with, in or otherwise relating to Content (the "Content Information") internally to facilitate the foregoing with regard to the Content.
Installation and Use: Licensee may install and use a maximum of one (1) copy of After Toolkit and make multiple back-up copies of the Software, solely for Licensee's commercial and personal use.
Retention of Rights to the Content: you will not acquire, and we and/or the Content contributor will retain, all right, title, and interest in and to all of the copyrights, trademarks, trade secrets and other proprietary rights in the Content or Content Information that are not expressly granted to you by the terms of this Agreement. The License does not include the right to record a new performance of Content or the composition reflected thereby.
License Conditioned on Compliance: The License is conditioned upon material compliance by you and your personnel and contractors (each a "Representative") with and fulfillment of your responsibilities under this Agreement and our receipt of full payment of the applicable price for the License and Content.
Previews. Notwithstanding anything else in this Agreement, this Agreement does not apply to, and Content under this Agreement does not include, any preview of any item displayed in or downloaded from the Website or otherwise provided to you (a "Preview"); Previews are in all respects displayed, downloaded and provided under the Website Terms of Use.
Rights and Limitations
Number of Productions: The License authorizes an unlimited number of Productions on the terms and subject to conditions and restrictions of this Agreement, except as expressly provided on the Item Page.
You may allow access to or use of Content on your behalf to no more than 1 individual if you own an Individual License. The individual who downloaded, purchased, or used the Content through the Website or the Software will be deemed to be that person.
You may allow access to or use of Content on your behalf to no more than 10 individuals belonging to the same company or organization for a Studio License.
If you need a single license with more than 10 seats, please reach out to us at .
Use in Templates:
You may not incorporate the Content as an element of a digital template for sale or distribution.
Update and Maintenance:
Licensor shall provide updates and maintenance on the Software on an as needed basis.
Separation of Components:
The Software is licensed as a single product. Its components may not be separated for use on more than one computer.
Number of Productions: The License authorizes an unlimited number of Productions on the terms and subject to conditions and restrictions of this Agreement, except as expressly provided on the Item Page.
You may allow access to or use of Content on your behalf to no more than 1 individual if you own an Individual License. The individual who downloaded, purchased, or used the Content through the Website or the Software will be deemed to be that person.
You may allow access to or use of Content on your behalf to no more than 10 individuals belonging to the same company or organization for a Studio License.
If you need a single license with more than 10 seats, please reach out to us at .
Use in Templates:
You may not incorporate the Content as an element of a digital template for sale or distribution.
Update and Maintenance:
Licensor shall provide updates and maintenance on the Software on an as needed basis.
Separation of Components:
The Software is licensed as a single product. Its components may not be separated for use on more than one computer.
Restrictions
Item Page: In addition to the terms and conditions of this Agreement, the License to the Content is subject to any special terms that are contained or linked to in the Item Page for that particular Content, if any, including restrictions on the number or type of Productions in which the Content may be used.
You must Limit Access to Raw Content: You may not allow access to raw Content, except for the purpose of creation, reproduction or distribution of Productions made by or for the Licensee as permitted by this Agreement. If you become aware of any unauthorized access, duplication of any Content, you should promptly notify us via the Website's support page: https://displaying.xyz/support.
Restrictions on Transfer of License: The License is non-transferable. You may not resell, sublicense, rent, loan, assign or transfer the Software or the Content to any third Person, except as expressly authorized in this Agreement.
No Distribution of Raw Content: You may not (i) distribute, transmit or publicly display Content as a template, a standalone file or to others for consumption, reproduction or re-sale, or (ii) superficially modify any raw Content and sell or license it to others for consumption, reproduction or resale.
No reverse Engineering: You may not reverse engineer, decompile, or disassemble any part of any source code contained within the Content or the Software, the displaying.xyz website, or any displaying.xyz app or script, or avoid, bypass, remove or impair any technological measure that limits access to the Content.
No Use in Trademarks or Logos: You may not incorporate any Content into a logo, trademark or service mark.
Sensitive Use: You may not use any Content that features any person or property in a manner that would be unflattering or unduly controversial to a reasonable person, including use in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint, or as suffering from, or medicating for, a physical or mental ailment (each of the foregoing, "Sensitive Use"). For avoidance of doubt, use of Content in an obviously satirical Production that is not an Advertisement or use of Editorial Content in an accurate editorial way (e.g., not in an Advertisement or other commercial Production) would not be prohibited by the prohibition on Sensitive Use or offensive use.
No Unlawful Use: You may not use any Content in, a pornographic, unlawful or defamatory context or manner, including use (i) in connection with pornography, adult videos, adult entertainment venues, escort services, dating services, or the like; (ii) in connection with the advertisement or promotion of tobacco products; or (iii) depicting a person in the Content as engaging in acts of moral turpitude or criminal activity.
Contact Us If You Need Rights for Use Not Permitted By this Agreement: If you need to use any Content in a manner that is not permitted by this Agreement, contact displaying.xyz at .
Item Page: In addition to the terms and conditions of this Agreement, the License to the Content is subject to any special terms that are contained or linked to in the Item Page for that particular Content, if any, including restrictions on the number or type of Productions in which the Content may be used.
You must Limit Access to Raw Content: You may not allow access to raw Content, except for the purpose of creation, reproduction or distribution of Productions made by or for the Licensee as permitted by this Agreement. If you become aware of any unauthorized access, duplication of any Content, you should promptly notify us via the Website's support page: https://displaying.xyz/support.
Restrictions on Transfer of License: The License is non-transferable. You may not resell, sublicense, rent, loan, assign or transfer the Software or the Content to any third Person, except as expressly authorized in this Agreement.
No Distribution of Raw Content: You may not (i) distribute, transmit or publicly display Content as a template, a standalone file or to others for consumption, reproduction or re-sale, or (ii) superficially modify any raw Content and sell or license it to others for consumption, reproduction or resale.
No reverse Engineering: You may not reverse engineer, decompile, or disassemble any part of any source code contained within the Content or the Software, the displaying.xyz website, or any displaying.xyz app or script, or avoid, bypass, remove or impair any technological measure that limits access to the Content.
No Use in Trademarks or Logos: You may not incorporate any Content into a logo, trademark or service mark.
Sensitive Use: You may not use any Content that features any person or property in a manner that would be unflattering or unduly controversial to a reasonable person, including use in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint, or as suffering from, or medicating for, a physical or mental ailment (each of the foregoing, "Sensitive Use"). For avoidance of doubt, use of Content in an obviously satirical Production that is not an Advertisement or use of Editorial Content in an accurate editorial way (e.g., not in an Advertisement or other commercial Production) would not be prohibited by the prohibition on Sensitive Use or offensive use.
No Unlawful Use: You may not use any Content in, a pornographic, unlawful or defamatory context or manner, including use (i) in connection with pornography, adult videos, adult entertainment venues, escort services, dating services, or the like; (ii) in connection with the advertisement or promotion of tobacco products; or (iii) depicting a person in the Content as engaging in acts of moral turpitude or criminal activity.
Contact Us If You Need Rights for Use Not Permitted By this Agreement: If you need to use any Content in a manner that is not permitted by this Agreement, contact displaying.xyz at .
Intellectual Property
All now known or hereafter known tangible and intangible rights, title, interest, copyrights and moral rights in and to the Software, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by Licensor. The Software is protected by all applicable copyright laws and international treaties.
All now known or hereafter known tangible and intangible rights, title, interest, copyrights and moral rights in and to the Software, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by Licensor. The Software is protected by all applicable copyright laws and international treaties.
Support
Licensor has no obligation to provide support services for the Software.
Licensor has no obligation to provide support services for the Software.
Duration
This EULA is perpetual or until:
A) Automatically terminated or suspended if Licensee fails to comply with any of the terms and conditions set forth in this EULA; or
B) Terminated or suspended by Licensor, with or without cause.
In the event this EULA is terminated, you must cease access and use of the Software and destroy all copies of the Software, if any.
This EULA is perpetual or until:
A) Automatically terminated or suspended if Licensee fails to comply with any of the terms and conditions set forth in this EULA; or
B) Terminated or suspended by Licensor, with or without cause.
In the event this EULA is terminated, you must cease access and use of the Software and destroy all copies of the Software, if any.
Jurisdiction
This EULA shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of California, without regard to conflicts of laws provisions thereof. Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in Los Angeles, CA, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, attorneys’ fees. This EULA is made within the exclusive jurisdiction of the United States, and its jurisdiction shall supersede any other jurisdiction of either party’s election.
This EULA shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of California, without regard to conflicts of laws provisions thereof. Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in Los Angeles, CA, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, attorneys’ fees. This EULA is made within the exclusive jurisdiction of the United States, and its jurisdiction shall supersede any other jurisdiction of either party’s election.
Non-Transferable
This EULA is not assignable or transferable by Licensee, and any attempt to do so would be void.
This EULA is not assignable or transferable by Licensee, and any attempt to do so would be void.
Severability
No failure to exercise, and no delay in exercising, on the part of either party, any
privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.
No failure to exercise, and no delay in exercising, on the part of either party, any
privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.
Warranty Disclaimer
LICENSOR, AND AUTHOR OF THE SOFTWARE, HEREBY EXPRESSLY DISCLAIM ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSEE ACCEPTS ANY AND ALL RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE.
LICENSOR, AND AUTHOR OF THE SOFTWARE, HEREBY EXPRESSLY DISCLAIM ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSEE ACCEPTS ANY AND ALL RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE.
Limitation of Liability
LICENSOR SHALL NOT BE LIABLE TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE ANY LOSS OF PROFITS, INCOME, SAVINGS, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGE, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR OTHERWISE.
THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. UNDER NO CIRCUMSTANCES SHALL LICENSOR’S AGGREGATE LIABILITY TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE, EXCEED THE FINANCIAL AMOUNT ACTUALLY PAID BY LICENSEE TO LICENSOR FOR THE SOFTWARE.
LICENSOR SHALL NOT BE LIABLE TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE ANY LOSS OF PROFITS, INCOME, SAVINGS, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGE, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR OTHERWISE.
THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. UNDER NO CIRCUMSTANCES SHALL LICENSOR’S AGGREGATE LIABILITY TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE, EXCEED THE FINANCIAL AMOUNT ACTUALLY PAID BY LICENSEE TO LICENSOR FOR THE SOFTWARE.
Entire Agreement
This EULA constitutes the entire agreement between Licensor and Licensee and supersedes all prior understandings of Licensor and Licensee, including any prior representation, statement, condition, or warranty with respect to the subject matter of this EULA.
This EULA constitutes the entire agreement between Licensor and Licensee and supersedes all prior understandings of Licensor and Licensee, including any prior representation, statement, condition, or warranty with respect to the subject matter of this EULA.
