Poitra Visual Communications, LLC - TYPICAL LICENSE FOR USE AGREEMENT
TYPICAL LICENSE FOR USE AGREEMENT
This Typical License for Use Agreement governs use of POITRA Visual product(s) in the production of illustrations, animations, virtual reality, and rendered images for personal and professional purposes excluding use in game(s), broadcast production(s), national or international (worldwide) publication(s); this is a multi-project license for use agreement. If your use of our product(s) includes use in game(s), broadcast production(s), national or international (worldwide) publication(s), this license is not applicable and you must submit a Specific Use License Agreement form.

All 3d models and products distributed for use by POITRA Visual are licensed for use under this Typical License for Use Agreement unless a Specific Use License Agreement has been submitted and approved by POITRA Visual, and excluding those 3d models or products distributed free of charge by POITRA Visual which are licensed for personal and non-professional use only.

You are responsible for reading the terms of this license agreement. If you agree to the terms of this agreement proceed to Checkout. By proceeding to Checkout you, the Licensee, acknowledge that you have read and understood the terms of this agreement, and that you agree to the terms of this Typical License for Use Agreement. If you do not agree to the terms of this Typical License for Use Agreement do not proceed to Checkout.

THIS IS A LEGAL AGREEMENT ("Typical License for Use Agreement") between you and POITRA VISUAL COMMUNICATIONS, LLC, 206 S. Lookout Mtn. Rd., Golden, CO 80401, tel 303.526.4433 ("Company," "POITRA Visual," or "POITRA"), and is the entire agreement between you (the Licensee) and Company with respect to POITRA Visual product(s) received by email, download, or on cd.

POITRA Visual products may include 3d model data (vectors) and 2d texture data (raster images). Company gives no rights or warranties with regard to the use of any object(s) modeled or image(s) depicted in any POITRA Visual product. You assume all responsibility regarding any and all consents that may be required by law or by any third party or parties owning or having rights therein to any POITRA Visual product(s).

POITRA Visual products are protected by United States Copyright laws and by international copyright laws and provisions. All rights and interests in our product(s) including copyrights and rights of authorship are the sole and exclusive property of POITRA Visual. No title or ownership to any product is transferred from POITRA Visual under this agreement. POITRA Visual product(s) have NOT been sold to you, but are licensed to you for use under the terms of this agreement. POITRA Visual retains all rights not expressly granted to Licensee under this Agreement.

Terms of Agreement:
(1) POITRA Visual product(s) may be copied onto the computer and storage devices owned and operated by the Licensee, to be accessed in the production of illustrations, animations, virtual reality, and rendered images for personal and professional purposes on multiple projects or productions excluding game(s), broadcast production(s), national or international (worldwide) publication(s) (see Footnote #1); rights are provided to copy and distribute illustrations, animations and rendered images of POITRA Visual product(s) except as follows:
  1. This agreement does NOT constitute an agreement for use of POITRA Visual product(s) in any production that contains original digital data, vectors or raster images from the POITRA Visual product(s) including, but not limited to any product or production that is sold such that the original POITRA Visual product(s) or any element thereof may be extracted or is contained, or which constitutes redistribution or resale of the product(s) in whole or in part.
  2. POITRA Visual expressly forbids the modification, creation of derivative works, re-engineering, or decompiling of any of our products.
  3. POITRA Visual expressly forbids use or incorporation of POITRA Visual products in any product sold or published as stock art in any form.
(2) This License is non-transferable and may not be sold, lent, assumed, bartered, or transferred from Licensee to any other party without the written consent of Company. POITRA Visual expressly forbids resale of our product(s) to any other party; POITRA Visual product(s) may not be distributed, redistributed, copied, or in any manner transferred or made accessible for any other use or purpose without the express permission of Company (see Footnote #2).
(3) All other rights with respect to POITRA Visual product(s) and their use are reserved to Company. Any questions that arise regarding this agreement or use of the POITRA Visual product(s) licensed under this agreement shall be referred to: Poitra Visual Communications, LLC, www.poitra.com, tel: 1.303.526.4433, email: poitra@poitra.com.

CREDIT for authorship:
Company shall be credited in any list of credits that is intended as a complete or full list of credits for any production, personal or professional, in which our products appear; credit shall appear as follows: POITRA Visual 3D Model Catalogue

RETURN POLICY
In order to protect the Copyright of our digital products and to ensure that our products are not purchased, copied, and returned for credit, all POITRA Visual Products are non-refundable and all sales are final.

LIMITATION OF LIABILITY AND WARRANTIES.
You assume all responsibility regarding choice of POITRA Visual product(s), including but not limited to, model format, resolution, and textures suitable for your intended use or purpose. Company disclaims all warranties of fitness of the POITRA Visual product(s) for a particular use. You assume all responsibility regarding use and results obtained by use of POITRA Visual product(s); you assume the entire cost of any damages, losses, or expenses resulting from your use of POITRA Visual product(s). To the maximum extent of the law, the Company, in no event, shall be liable for losses or damages resulting from your use of POITRA Visual product(s), exceeding the amount paid for the POITRA Visual product(s). Licensee assumes the cost of damages resulting in a breach of this agreement, willful or otherwise, by you or any party to this agreement, including, but not limited to, liability for any consequential, incidental or indirect damages.

SEVERABILITY
If any provision in this License Agreement is found to be invalid or unenforceable under applicable law, Licensee and POITRA Visual agree that the invalidity of any provision shall not affect the validity of the remaining provisions and any provision found to be invalid shall be replaced by POITRA Visual with a valid provision that most closely approximates the effect and intent of the invalid provision.

GOVERNING LAW
Licensee and POITRA Visual agree that the laws of the State of Colorado shall govern any dispute regarding this agreement.

You are responsible for printing a copy of this agreement for your records.

You are responsible for reading the terms of this license agreement. If you agree to the terms of this agreement proceed to Checkout. By proceeding to Checkout you, the Licensee, acknowledge that you have read and understood the terms of this agreement, and that you agree to the terms of this Typical License for Use Agreement.

Thank-you!


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Footnotes:
#1. For use of our product(s) in GAME(S), BROADCAST PRODUCTION(S), NATIONAL, or INTERNATIONAL (WORLDWIDE) PUBLICATION(S), you must submit a "Specific Use License Agreement." form to POITRA Visual.

#2. Proof of Purchase/License for Use Verification. If you are in possession of a POITRA Visual product(s) and do not have documentation or proof of purchase from POITRA Visual or suspect that you, your company or any entity that you are involved with or contracted to may not have a valid License for Use Agreement with POITRA Visual, please contact us at poitra@poitra.com or call us directly at tel: 1.303.526.4433. We will be happy to verify licensing OR to arrange for the immediate licensing of the 3d model(s) under an appropriate License for Use Agreement.

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Copyright 2004 Poitra Visual Communications, LLC