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Linefour Terms and Conditions
Linefour Website End
User License Agreement, License Grant from Vendor to
Linefour, License Agreement between Vendor and Member,
and General Terms.
Definitions:
1. "Content" refers to any material published at
Linefour including but not limited to wire files,
models, textures, plug-ins, video games, video game
modifications, motion files, collections, packages,
materials, scripts, shapes, custom UI skins, tutorials,
frequently asked questions, words, music, films, images,
and software.
2. "Member" refers to any person who creates a user
account or profile at Linefour.
3. "Vendor" refers to the submitting individual or
business who publishes or authorises content at
Linefour.
4. "Affiliate" means an entity with which the
Linefour Corporation has entered into a sales affiliate
relationship.
5. "Membership Services" refers to transmission
and/or purchase of content to and from Linefour via the
Linefour Website, a Client Application, or any approved
web portal either currently in existence or in the
future.
6. "For Sale" includes all content that requires a
purchase of license rights, as distinguished from
content available for free download.
7. "Valid Sale" refers to a sale of license rights in
content, or other property via Linefour, where the
Vendor who published the content receives a percentage
discount as sum of fee. Content for sale via Linefour
which is returned is not an example of a valid sale.
Linefour as a result reserves the right to withrdraw any
item which it considers wrongfully lodged or belonging
to a third party or group, which is not part of the
party or persons sending the original item.
8. "Client Application" refers to Linefour software
available for download at the Linefour web site or any
other authorized download site, which allows Members to
browse, purchase, upload, and download all content
published at Linefour. Client Application also refers to
any software application that allows members to create,
alter or otherwise modify content for use within a video
game, or other digital means.
9. "Subscription Plan" refers to a pay one price
package of Content downloads.
LINEFOUR WEBSITE AND LINEFOUR CLIENT APPLICATIONS END
USER LICENSE AGREEMENT
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND
CONDITIONS BEFORE USING THE LINEFOUR WEBSITE AND/OR A
LINEFOUR CLIENT APPLICATION, WHICH CAN BE DOWNLOADED
FROM THE LINEFOUR WEB SITE OR AFFILIATE'S SITE, ALONG
WITH ANY ACCOMPANYING DOCUMENTATION, AND THE TERMS AND
CONDITIONS OF THE LINEFOUR MEMBERSHIP SERVICES.
YOUR USE LINEFOUR MEMBERSHIP SERVICES MEANS THAT YOU
ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE
WITH THESE TERMS AND CONDITIONS YOU SHOULD NOT USE THE
LINEFOUR MEMBERSHIP SERVICES. BY INSTALLING,
DOWNLOADING, COPYING A LINEFOUR CLIENT APPLICATION, OR
OTHERWISE USING LINEFOUR MEMBERSHIP SERVICES, YOU
ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND
CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY
THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS,
YOU SHOULD NOT USE THIS CLIENT APPLICATION OR LINEFOUR
MEMBERSHIP SERVICES.
Linefour Client Application End User License Terms:
1. SINGLE COPY SOFTWARE LICENSE. The Linefour Client
Application is copyrighted and protected by law and
international treaty. You may download the Linefour
Client Application through a web browser for your
personal, non-commercial internal use only, unless
specifically licensed to do otherwise by Linefour. This
is a license, not a transfer of title, and you may not
nor permit anyone else to (a) modify the Linefour Client
Application or use it for any commercial purpose or
public display, performance, sale or rental; (b)
de-compile, reverse engineer, or disassemble, modify, or
create derivative works based on the Linefour Client
Application or the documentation in whole or in part;
(c) remove any copyright or other Linefour, proprietary
notices; (d) transfer the Linefour Client Application to
another person. You agree to prevent any copying of the
Linefour Client Application that you download for your
use from this web site.
2. OWNERSHIP. The Linefour Client Application and all
information on this web site is copyrighted proprietary
material of Linefour, and may not be copied, reproduced,
modified, published, uploaded, posted, transmitted, or
distributed in any way, without Linefour, prior written
permission. Except as expressly provided herein,
Linefour, and its suppliers do not grant any express or
implied right to you under any patents, copyrights,
trademarks, or trade secret information of Linefour or
its suppliers.
3. TERMINATION OF THIS LICENSE. Linefour, may
terminate this license at any time if you are in breach
of the terms of these terms and conditions of use. Upon
such termination you must and agree to immediately
destroy all copies of the Linefour Client Application
and all of its accompanying documentation.
LICENSE AGREEMENT BETWEEN VENDOR AND MEMBER
License Grant:
For any transmission of content from a Vendor to a
Member, whether the transmission was the result of a
license or free download, the following terms apply
unless more restrictive terms are specified in the text
description of the content:
1. Ownership. Unless explicitly provided for by a
separate agreement, the Vendor retains, subject to any
license agreement between the Vendor and Linefour,
copyright in content purchased or downloaded by any 3rd
party via Linefour.
2. Valid License. Any license rights relating to
content for sale via Linefour are contingent upon the
transfer of a percentage discount from the 3rd party to
the Vendor.
3. Rights Granted. The Vendor grants to the 3rd party
who either purchases license rights to content via a
valid sale, or downloads freely available content
submitted by the Vendor, a non-exclusive,
non-transferable, worldwide, royalty-free license to:
publicly perform, publicly display, and digitally
perform said content.
4. Rights Not Granted. Absent a written grant of
rights greater than that contained in paragraph 3 above,
all other rights or sub-divisions of rights generally
included in copyright are excluded from this license.
5. Resale. The resale or redistribution by the third
party of any content obtained from Linefour, whether for
sale or freely available for download, whether part of a
valid sale or not, is expressly prohibited.
6. Returned Content. In the event a 3rd party returns
any content, whether acquired by valid sale or freely
available for download, all license rights granted
herein terminate and the 3rd party must immediately
destroy any and all copies contained on any type of
media under the control or possession of the 3rd party.
LICENSE GRANT FROM VENDOR TO LINEFOUR
For any Vendors who provide Linefour with any type of
content for free distribution or sale, the following
terms apply:
You (the "Vendor") hereby grant to us ("Linefour"),
and by the act of delivering content to us, grant a
non-exclusive, worldwide, royalty-free license to: (a)
reproduce, set prices for, sell, and distribute net
proceeds from any sale, in whole or in part on my
behalf; and to publicly perform, publicly display,
digitally perform, or transmit for promotional and
commercial purposes; (b) create and use samples of the
content solely for the purpose of demonstrating or
promoting your products or services or those of
Linefour; (c) use any trademarks, service marks or trade
names incorporated in the content in connection with
your material; and (d) use the name and likeness of any
individuals represented in the content only in
connection with your material.
GENERAL TERMS
The following terms apply to all types of content
submitted to Linefour, including, but not limited to:
wire files, models, textures, collections, packages,
materials, tutorials, frequently asked questions, words,
music, films, images, and software:
1. Ownership. You retain ownership of the copyrights
and all other rights in your content, subject to the
non-exclusive rights granted to us under this agreement.
You are free to grant similar rights to others during
and after the term of this agreement.
2. Termination. The license grant contained in this
agreement can be terminated using the guidelines below.
Linefour reserves the right, notwithstanding the
guidelines below, to terminate this agreement at any
time and without notice if any content submitted
violates the representations and warranties of paragraph
three (3) below. This agreement may be terminated at any
time by either party upon written notice via email or
regular mail. Nothing in this agreement shall be
construed to mean that a Vendor may not submit or delete
content from the material submitted by such Vendor as
part of general maintenance of such Vendor's account.
3. Representations and Warranties. The term "Content"
means any type of content, including, but not limited
to: wire files, models, textures, collections,
tutorials, faq's, words, music, films, images, and
software as applicable. You represent and warrant that:
(a) the Content is your original work, and contains no
copyrighted material of any kind that you are not the
exclusive owner of, including but not limited to: music
and/or sync rights, images (moving or still) of any
kind, writings of any kind, and model
clearances/releases; (b) you have full right and power
to enter into and perform this agreement, and have
secured all third party consents necessary to enter into
this agreement; (c) the Content does not and will not
infringe on any third party's copyright, patent,
trademark, trade secret or other proprietary rights,
rights of publicity or privacy, or moral rights; (d) the
Content does not and will not violate any law, statute,
ordinance or regulation; (e) the Content is not and will
not be defamatory, libelous, pornographic, obscene or
evocative of racial hatred of any kind; (f) the Content
does not and will not contain any viruses or other
programming routines that detrimentally interfere with
computer systems or data; (g) all factual assertions
that you have made and will make to us are true and
complete. You agree to indemnify and hold us and our
customers harmless from any and all damages and costs,
including reasonable attorney's fees, arising out of or
related to your breach of the representations and
warranties described in this section. You agree to
execute and deliver documents to us, upon our reasonable
request, that evidence or effectuate our rights under
this agreement.
4. Determining Type of Content. We implement and
maintain business practices which enable us to
accurately categorize content that you deliver to us. If
we make an error in good faith, however and consequently
exceed our license rights, your sole and exclusive
remedy will be for us to take all reasonable steps to
promptly correct the error as soon as we become aware of
the error.
5. Disclaimer. We provide our products and services
related to this agreement "AS IS" WITHOUT WARRANTY OF
ANY KIND.
6. WARRANTY. LINEFOUR, INC. MAKES NO WARRANTIES
EITHER EXPRESS OR IMPLIED IN CONJUNCTION WITH ANY
CONTENT PUBLISHED AT LINEFOUR. LINEFOUR, INC WILL NOT BE
LIABLE TO A VENDOR, MEMBER OR ANY OTHER THIRD PARTY
CLAIMING THROUGH IT FOR INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE
USE OF EITHER THE LINEFOUR WEBSITE, THE LINEFOUR CLIENT
APPLICATIONS OR ANY CONTENT PUBLISHED AT LINEFOUR,
WHETHER FRAMED AS A BREACH OF WARRANTY, IN TORT,
CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE.
VENDOR AGREES TO INDEMNIFY AND HOLD HARMLESS LINEFOUR,
INC FOR ANY AND ALL CAUSES OF ACTION ARISING OUT OF THE
SUBMISSION OF CONTENT TO LINEFOUR.
7. Deep Linking. You agree to refrain from the
practice commonly referred to as "deep linking" whereby
you use the content from Linefour with any other web
site via active linking or data mining.
8. Choice of Law. This agreement will be governed by
Australian law, excluding conflict of law principles.
Any action or proceeding arising out of or related to
this agreement must be brought in a court located in
Australia, and both parties irrevocably submit to the
exclusive jurisdiction of such courts. All notices,
requests and other communications under this agreement
must be in writing (e-mail messages shall be deemed
writings).
9. Notices. Any notice required by this Agreement or
given in connection with it, shall be in writing and
delivered by mail or electronic mail.
Linefour, P.O.Box 231 Victoria Australia Or
membership@linefour.com
10. Agreement Subject to Change. Linefour, reserves
the right to change the terms of this agreement with or
without notice at any time.
11. Account Non-Transferability. Linefour Vendor and
Member accounts may only be used by the licensee. They
may not be transferred or accessed by any other party
without the explicit written permission of Linefour.
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