Last updated: September 1st, 2022
This Doozy Regular End User License Agreement (“EULA”) is a non-exclusive, legally binding end user license agreement between any individual or a single entity (“END-USER”) that acquires a license to make use of any digital work, addon or integration (“Asset”) by Marlink Trading srl (“Licensor”).
An “End Product” is one of the following things, both requiring an application of skill and effort:
a) For an Asset that is a UI Pack, UI Kit, or UI Template, the End Product is a customized implementation of the Asset.
b) For other types of Assets, an End Product is a work that incorporates the Asset as well as other things, so that it is larger in scope and different in nature than the Asset.
Please read this End-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading, or using the Asset.
By clicking the “I Agree” button, downloading, or making use of the Asset, END-USER agrees to be bound by the terms and conditions of this Agreement.
If END-USER does not agree to the terms of this Agreement, do not click on the “I Agree” button, and do not download or use the Asset.
The subject matter of this EULA is the licensing to END-USER of any Asset. The Asset is licensed, not sold.
Licensor grants END-USER a revocable, non-exclusive, non-transferable, limited license to download, install and use the Asset for personal and commercial purposes, to create a single End Product, in accordance with the terms of this Agreement.
END-USER’S RIGHTS AND OBLIGATIONS
END-USER may use the licensed Assets only for their intended purpose.
END-USER may not use the licensed Assets if their revenue or funding exceeds $200,000 USD in the last 12 months. END-USER understand that it is his responsibility to maintain complete records establishing his level of revenue or funding and to bear the burden of proving this information if we ask. Should their revenue or funding at any point exceed $200,000 USD in the last 12 months or the End Product will be created for a client as “work for hire”, the Agreement will be terminated immediately. The Doozy Extended license governed by the Doozy Extended EULA will in this case be required to continue the use of licensed Assets.
Licensor grants to the END-USER a non-exclusive, worldwide, and perpetual license to the Asset to integrate it only as incorporated and embedded components of electronic games and digital media and distribute such electronic game and digital media. Reproduction and display in distributed physical advertising materials is permitted solely for marketing purposes in respect of such electronic games or digital media. Except for game services software development kits (“Services SDKs”), END-USERS may modify Assets. END-USER may otherwise not reproduce, publicly display, publicly perform, transmit, distribute, sublicense, rent, lease, or lend the Assets. It is emphasized that the END-USERS shall not be entitled to distribute or transfer in any way (including, without, limitation by way of sublicense) the Assets in any other way than as integrated components of electronic games and digital media or in supporting physical marketing materials. Without limitation of the foregoing, it is emphasized that END-USER shall not be entitled to share the costs related to purchasing an Asset and then let any third party that has contributed to such purchase use such Asset (forum pooling).
An END-USER may use the Asset and may have a third party, including any “work-for-hire” contractor or “freelancer” (“Contractor”), work on that Asset on its behalf.
Game Services SDKs: If END-USER downloads and integrates Services SDKs, END-USER may be required to accept a Licensor end user agreement and/or additional Licensor terms and conditions to use such services.
Some components of the Asset (whether developed by the Licensor or third parties) may also be governed by applicable open-source software licenses. In the event of a conflict between the applicable EULA and any such open-source licenses, the open-source software licenses shall prevail with respect to those components.
Assets that contain digital versions of real products, trademarks or other intellectual property owned by others have not been property released. These Assets are licensed on the basis of editorial use only. It is the END-USER responsibility to consider whether the use of these Assets requires a clearance and if so, to obtain that clearance from the intellectual property rights owner.
You agree that no modification or use of those Assets shall (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to liability of any kind; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) promote violence or actions that are threatening to any other person; or (g) promote illegal or harmful activities or substances.
All sales are final and there shall be no refunds except as expressly provided in this EULA or as required by law.
On acceptance of END-USER orders for licenses to the Asset, content will be immediately available for download. END-USERS expressly consent to the making available of that content immediately upon acceptance of orders. If END-USER is a resident of the European Union and purchases any license to any Asset, the right to withdraw from such purchase within 14 days of the date of purchase (“Cooling Off Period”) may be available; however, this right of withdrawal will not apply where performance begins before the end of the Cooling Off Period. Therefore, END-USERS expressly agree and understand that if END-USER orders any license to any Asset, END-USER’s right of withdrawal is forfeited upon acceptance as performance begins immediately on acceptance.
You may request a refund from the Licensor within 2 weeks of purchase of a license to the Asset where, the Asset was not as advertised (including any demo made available) or the Asset is not compatible with the most recent official release of Unity and no information was provided to indicate that Asset is so incompatible.
END-USER agrees not to, and END-USER will not permit others to license, sell, rent, lease, make derivatives, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Asset or make the Asset available to any third party.
MODIFICATIONS TO APPLICATION
Licensor reserves the right to modify, suspend or discontinue, temporarily or permanently, the Asset or any service to which it connects, with or without notice and without liability to END-USER.
TERM AND TERMINATION
This Agreement shall remain in effect until terminated by END-USER or Licensor.
Licensor may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Licensor, if END-USER fails to comply with any provision of this Agreement. END-USER may also terminate this Agreement by deleting the Asset and all copies thereof from END-USER’s devices.
Upon termination of this Agreement, END-USER shall cease all use of the Asset and delete all copies of the Asset.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
AMENDMENTS TO THIS AGREEMENT
Licensor reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions about this Agreement, please contact us.