Thyng MedReality Marketplace 3D Model License
The Thyng MedReality Marketplace 3D Model License is designed to be an easy-to-understand royalty-free license. The full legal text of the license begins a little later in this document. We have included immediately below a variety of helpful information and tips that may answer many questions about the 3D Model License.
Thyng MedReality Marketplace 3D Models are royalty-free unless otherwise noted. This means that, after purchasing 3D Models, you are not required to make any future payments (or pay further royalty fees) and you may use 3D Models in multiple projects that are created and owned by you. The 3D Model License is the final and authoritative agreement on your use of Thyng MedReality Marketplace 3D Models. We’ve provided helpful summaries below for your convenience, but the license itself is always the final word.
Helpful Tips
List of allowed uses: News, film, movies, television programs, video projects, multi-media projects, theatrical display, software user interfaces, medical renderings, architectural renderings, computer games, virtual worlds, simulation and training environments, corporate communications, corporate presentations, marketing collateral, tradeshow promotional items, booth decorations and presentations, online and electronic publications of blogs, literature, social media, email campaigns, website designs and layouts, desktop and mobile wallpapers, screensavers, toolbar skins, books, magazines, posters, greeting cards.
No ownership transfer: Thyng does not grant title or ownership in 3D Models. All rights in 3D Models are reserved by Thyng for itself and its licensors.
Restrictions to use: You may NOT re-distribute, publish, sell, or make 3D Models available to any third party except in the form of a permitted Creation. You may NOT use 3D Models in a way that competes with this Site, including distributing through 3D Model Clearinghouses. You may NOT publish, distribute, or make 3D Models available through any online clearinghouse infrastructure. You may not redistribute 3D Models as part of any design template, After Effects template, stock photography, video or clip art for distribution or licensing through any online stock media clearinghouse whatsoever.
Refunds: Your complete satisfaction is important to us. We have a full return policy for issues that are brought up to us within 7 days of purchasing.
Distribution in Educational Software: This is allowed for most uses as long as the 3D files themselves are not in an open format which would allow others access to the underlying 3D Model’s data. Giving away the 3D Model file itself is not allowed.
Distribution in Games Software: This is allowed for most uses as long as the 3D files themselves are not in an open format which would allow others access to the underlying 3D Model’s data. Giving away the 3D Model file itself is not allowed.
Sharing 3D Model Files: You may use networked hard drives in your production process. If you need to give the 3D Model files to a client, you need to purchase a license for each client that gets the 3D Model files. So, if you buy a 3D Model, and end up giving the 3D Model files to two clients, you need to purchase the 3D Model twice.
My company requires special licensing. Please contact us for special licensing at models@thyng.com.
May I modify a 3D Model? Yes, you are allowed to modify 3D Models to make your Creations. Please keep in mind that no matter how much you modify a 3D Model, it still may only be distributed as a Creation and is subject to the rules of the 3D Model License.
May I use preview images from a Thyng MedReality Marketplace product webpage in my project? Yes, if you purchase the product you are allowed to use its imagery as long as the images are entirely reproducible from the purchased model. You may not use any image that has added elements such as a stock image not included with the Thyng files or any watermarking, superimposed logo, or other notice, unless you ask and receive permission from Thyng.
Corporate Uses
Allowed corporate uses:
a. Medical renderings, Website design, Corporate communications, Corporate presentations, Marketing collateral.
Prohibited corporate uses:
a. Business logos or trademarks.
A Thyng 3D Model cannot be an actual component of a business logo or trademark because you cannot trademark somebody else’s 3D Model (and make it exclusively your own).
Educational Uses
Allowed Educational Uses:
a. Instructional videos, Walkthrough tutorials, Course work.
Prohibited Educational Uses:
a. You may not redistribute any altered or unaltered downloaded 3D Models to your students for access on their own personal computers or personal devices (i.e. it is only allowed for school/university owned computers and devices). If you wish to use Thyng MedReality Marketplace downloaded 3D Models, you may instruct your students to sign up on the MedReality Marketplace so that they can access the same content or make their own purchase.
Games Uses
Allowed games uses:
a. Console, PC, web, mobile games; Virtual and augmented reality; Game mods; Closed MMOs and closed Virtual Worlds.
Prohibited games uses:
a. Redistributing or otherwise making Thyng 3D Models available to end-users.
If you are redistributing something that includes actual 3D Model files, the 3D Model files may not be in an open format that others can download. In general, to prevent your end-users from obtaining Thyng 3D Models, you should use proprietary formats that cannot be extracted, exported, or decompiled without reverse engineering.
b. Using Thyng 3D Models in Virtual Worlds.
This use is prohibited if the virtual world-type is an open MMO, like Second Life. However, the use is allowed if the MMO is a closed MMO, like World of Warcraft. More specifically, the 3D Model may not be exported or sold.
c. Using Thyng products in Browser based games.
Thyng allows using 3D Models in the following WebGL browser-based applications: Unity, Unreal, and Lumberyard.
d. Additional use in WebGL applications.
Thyng allows content to be used in WebGL applications if the customer/application converts the content from the DCC format to a JavaScript/other non-standard format prior to porting to the WebGL program, as long as the format has no known reverse engineering methods.
Physical Creations & 3D Printing
Allowed Physical Creations & 3D Printing Uses:
a. You are allowed to make up to five 3D Prints of a 3D Model for personal use or for educational use.
Prohibited Physical Creations & 3D Printing Uses:
a. You are not allowed to buy a 3D Model and then resell 3D prints of that model
b. You are not allowed to buy a 3D Model, make a mold of that model, and then sell those molds.
Editorial Uses
3D Models designated with the Editorial Use label may only be used in an editorial manner, relating to events that are newsworthy or of public interest, or an academic manner, relating to teaching purposes, scholarship, and research, and may not be used for any commercial, promotional, advertising or merchandising use. In certain very limited instances, you may otherwise have the rights to Depicted Intellectual Property in content that is labeled Editorial. For instance, you may be the advertising agency for a brand/IP owner or you may be the brand/IP owner itself purchasing content. If that is the case, you may use the 3D Models with the Editorial content commercially under the standard terms of the 3D Model License, assuming you have the rights clearance through other means. But you must have all the intellectual property rights necessary from the IP in the 3D Models and this is usually only the case for the vendor of a brand/IP or for a brand/IP owner itself. As a rule of thumb, if you wonder if you have these rights, you don’t. It is usually very clearly set forth in a contract. The burden and risk of confirming these rights is on you if you Purchase 3D Models.
Allowed Editorial Uses
1. Rights Holders: The company or individual who owns the Depicted Intellectual Property is allowed all uses in the 3D Model License as if the 3D Model were not labeled with “Editorial Use.”
2. Official Licensee: You may have an explicit written license with the owner of the depicted IP and are allowed any or all uses in the 3D Model License
3. Broadcast, Online or Print News. Examples include a news broadcast using a 3D Model of a Boeing plane with an Editorial Use label to discuss a company merger, and a journalism blog using a 3D Model of Superman with an Editorial Use label when describing box office numbers for a new movie.
4. Documentary. An example is a jazz documentary using a 3D Model of a Fender guitar with an Editorial Use label which discusses the use of Fender guitars and their role in the musical popularity.
5. Academics. Examples include a university computer engineering student using a 3D Model of a Stadler Kiss train with an Editorial Use label to highlight layering techniques for computer animation, and a high school technology teacher using a 3D Model with an Editorial Use label of Spiderman during a class discussion of animation.
Types of Editorial Uses Not Allowed
1. Advertising. No advertisements (video, print, other), billboards, tradeshow or exhibit displays, etc.
2. Merchandising. No physical product for resale, video game, etc.
3. Defamatory. No defamatory, libelous or otherwise unlawful manner whether directly or in context or juxtaposition with such specific subject matter.
4. Branding. No incorporation into a logo, trademark or service mark.
5. Commercial Purpose. No commercial, non-news related purpose.
6. Modification. A 3D Model with an Editorial Use label may not be modified so that it no longer contains Depicted Intellectual Property.
Thyng MedReality Marketplace 3D Model License
This is a legally binding agreement between licensee (“you”), and Thyng regarding your rights to use 3D Models from the Site under this license. “You” refers to the purchasing entity, whether that is a natural person who must be at least 18 years of age, or a corporate entity. The rights granted in this agreement are granted to the purchasing entity, its parent company, and its majority owned affiliates on a “royalty free” basis, which means that after a Purchase, there are no future royalties or payments that are required. This agreement incorporates by reference the Terms of Use as well as the Site’s policies and procedures as such.
I. Introduction & Definitions
Definitions
This agreement is intended to be easy to understand, and to provide clarity for using 3D Models in the work you create (“Creations”).
Some words in this agreement are given specific meanings. Words that appear initially in quotations, such as “you” and “Creations”, are defined in the text preceding the word. Other capitalized words are defined below:
“3D Model” is the collection of one or more digital files, packaged in the form of a product on the Site that can be identified by a 3D Model Name, and that is made available to you for Purchase on the Site. A 3D Model may include 3D Model files, geometry, texture maps, materials, motion captures, renderings and other constituent files related to the 3D Model data and its representation.
“Site” refers to the Thyng MedReality websites, API’s, software applications or any approved means or utility either currently in existence or in the future; the software and source code used by Thyng to provide such services; user interface layouts, designs, images, text, knowledgebase articles, program offers; site information provided in reports (such as popular keyword searches); and all other intellectual property protected under copyright, trademark, patent, publicity, or any other proprietary right.
“Purchase” is the acquisition of a 3D Model by you from the Site under this agreement, whether as a purchase of 3D Model made available at a price of greater than $0, or a download of 3D Model made available at no charge.
“Thyng” includes Thyng, LLC and all licensed affiliates and partners that distribute 3D Models on behalf of Thyng, LLC.
“Product Page” is the product page or interface that displays 3D Models available for Purchase on the Site.
“Computer Game” is a type of Creation that includes digital games, computer-based games, handheld electronic games, mobile games, online games, web-games, social games, game mods, and console-based games.
“Imagery” is a Creation made of any single image or sequence of images.
“Depicted Intellectual Property” means any intellectual property depicted in the 3D Model, including any copyright, trademark, trade dress, right of publicity, or any other proprietary right throughout the world that may apply. For purposes of clarity, this does not refer to the copyrights owned by the creator of the 3D Model that are licensed in this agreement.
To make reading this agreement easier and less repetitive, the following constructions are used:
“Include,” including,” and “such as” are considered to be followed with “but not limited to.” Examples are used in this agreement to illustrate, rather than limit, the scope of the terms.
“The following restrictions”, “the foregoing restrictions”, and “subject to the restrictions” are considered to be followed with “in addition to all other restrictions applicable within this agreement.”
II. License Rights
1. Ownership. Thyng does not grant title or ownership in 3D Models. All rights in 3D Models not expressly granted in this agreement are reserved by Thyng for itself and its licensors.
2. Rights Granted. For 3D Models, Thyng grants to you a non-exclusive, perpetual, worldwide right and license to copy, distribute, reproduce, adapt, publicly display, publicly perform, digitally perform, transmit, broadcast, telecast, advertise, create derivative works, and market 3D Models within Creations in the uses authorized in this agreement. You may request authorization for a use not covered by this agreement (“New Use”) by writing models@thyng.com. Thyng is authorized to approve a New Use if Thyng finds in its sole judgment that the New Use is substantially similar to another established use in this agreement and authorizes the New Use in writing.
3. Rights Granted When Sharing 3D Models. If you Purchase as an employee of a corporate entity, sharing Purchased 3D Models with other employees of your corporate entity is allowed. Examples of allowed sharing include storing files on a networked hard drive, and aggregating 3D Models for later use in future Creations. You are responsible for any downstream distribution, use, or misuse by a recipient of a shared 3D Models. In all cases, sharing 3D Models with external people or entities is only allowed in the following situations, and with the following restrictions:
a. In the production of a Creation owned by you, if you are working in collaboration with external parties, and there is a need to share 3D Models for the development and production of your Creation, sharing 3D Models with those external parties is allowed. Any external party that receives 3D Models may only use 3D Models on your Creations and must take reasonable care to secure and limit access to 3D Models to that purpose.
b. In the production of a Creation owned by another entity (“your Client”), if you are working as a contractor and need to share 3D Models with your Client, or any external parties working with your Client, sharing 3D Models is allowed, subject to the restriction that all parties may use 3D Models only for your Client’s particular Creation, and for successive versions of your Client’s Creation, such as sequel Computer Games or movies that utilize the same 3D Models. All parties must take reasonable care to secure and limit access to 3D Models to the parties working on your Client’s Creation. For all other use by any party, 3D Models must be Purchased again to create a new license agreement governing that use.
4. Editorial Use Restriction for Some 3D Models. The following restrictions apply to any 3D Model with an “Editorial Uses Only” label on its Product Page. Permitted use of Depicted Intellectual Property in such 3D Models is limited to news reporting in Creations of some cultural, editorial, journalistic, or otherwise newsworthy value, including news reporting on television and the internet. A second permitted use is use within an academic setting, limited to teaching, scholarship, and research. This restriction does not apply if you have the needed authorization to use the Depicted Intellectual Property for your Creation, such as if you are owner of the Depicted Intellectual Property, or the advertising team, hired party, or licensee of the Depicted Intellectual Property owner.
5. Depicted Intellectual Property. Thyng does not own or license any Depicted Intellectual Property. Thyng does not in any way make any representations or warranties about Depicted Intellectual Property associated with 3D Models. You are solely responsible for determining the need for and, if appropriate, obtaining any needed clearance, consent, or release to use any Depicted Intellectual Property in your Creations.
6. Creations of Imagery.
Permitted Uses of Creations of Imagery.
a. Subject to the following restrictions, you may use Creations of Imagery within news, film, movies, television programs, video projects, multi-media projects, theatrical display, software user interfaces; architectural renderings, Computer Games, virtual worlds, simulation and training environments; corporate communications, marketing collateral, tradeshow promotional items, booth decorations and presentations; pre-visualizations, product prototyping and research; mobile, web, print, television, and billboard advertising; online and electronic publications of blogs, literature, social media, and email campaigns; website designs and layouts, desktop and mobile wallpapers, screensavers, toolbar skins; books, magazines, posters, greeting cards; apparel items, brochures, framed or printed artwork, household items, office items, lenticular prints, product packaging and manufactured products.
Restrictions on Permitted Uses of Creations of Imagery.
a. Stock Media Clearinghouse. You may NOT publish or distribute Creations of Imagery through another stock media clearinghouse, for example as part of an online marketplace for photography, clip art, or design templates.
b. Promotional Images. Images displayed for the promotion of a 3D Model on its Product Page (“Promotional Images”) may be used in Creations of Imagery, provided that the 3D Model itself has been Purchased and subject to the following restrictions:
i. You may NOT use a Promotional Image that has any added element which is not included as part of the 3D Model. An example of this type of restricted use is if the 3D Model contains an airplane, and there is a Promotional Image of that airplane rendered over a blue sky; however, the blue sky image is not included as part of the 3D Model. Other prohibited examples include use of Promotional Images from movies or advertisements that may have used the 3D Model.
ii. You may NOT use any Promotional Image that has a logo, mark, watermark, attribution, copyright or other notice superimposed on the image without prior approval from Thyng Support.
c. Business Logos. You may NOT use Imagery in any Creation that is a trademark, servicemark, or business logo. This restriction is included because the owners of these types of Creations typically seek exclusivity on the use of the imagery in their Creation, which is incompatible with the non-exclusive license granted to you under this agreement.
7. Creations of Computer Games and Software
Permitted Uses in Creations of Computer Games and Software.
a. Subject to the following restrictions, you may incorporate 3D Models in Creations of Computer Games, virtual worlds, simulation and training environments; mobile, desktop and web applications; and interactive electronic publications of literature such as e-books and electronic textbooks.
Restrictions on Permitted Uses of 3D Models in Creations of Games and Software.
a. Interactivity. Your inclusion of 3D Models within any such Creation is limited to uses where 3D Model is contained in an interactive experience for the user and not made available outside of the interactive experience. Such a permitted example of this use would be to include a 3D Model of human anatomy in a medical training application in a way that the 3D Model or its environment may be manipulated or interacted with.
b. Access to 3D Models. You must take all reasonable and industry standard measures to incorporate 3D Models within Creations to prevent other parties from gaining access to 3D Models. 3D Models must be contained in proprietary formats so that they cannot be opened or imported in a publicly available software application or framework, or extracted without reverse engineering. WebGL exports from Unity, Unreal, and Lumberyard are permitted. Any other open format or format encrypted with decryptable open standards (such as an encrypted compression archive or other WebGL programs not listed here) are prohibited from using 3D Models. If your Creation uses WebGL and you are not sure if it qualifies, please contact us and describe your Creation in detail if this is your desired use.
c. Open Systems. You typically may NOT include 3D Models in Creations that have the general functionality for importing and/or exporting 3D Models. Please contact us and describe your Creation in detail if this is your desired use. An example of such a prohibited use is to include 3D Models as a starter library within a standard retail Software Creation that allows users to generally work with 3D Models, even if the 3D Model itself is somehow protected and is not capable of being exported. An allowed use is for custom or enterprise software in certain circumstances.
d. Virtual Good Sales. You may NOT import, upload, reproduce, make available, publish, transmit, distribute, or sublicense 3D Models in Creations of virtual goods or worlds for any 3D community (“Virtual World”), unless you or your Client owns the Virtual World platform and it complies with the previous restrictions.
8. Creations of Physical Form.
Permitted Uses in Creations of Physical Form.
a. Subject to the following restrictions, you may use 3D Models to make Physical Creations such as 3D printed works for personal use or for educational use with a limit of up to five 3D Prints of a 3D Model (“Creations of Physical Form”).
Restrictions on Permitted Uses in Creations of Physical Form.
a. Substantially Similar Creations. Permitted use of any Creation of Physical Form in which a 3D Model is untransformed or substantially similar to the 3D Model is limited to personal use or educational use, with a maximum of 5 instances of such Creations per Purchase.
b. No Depicted Intellectual Property. You may NOT reproduce Depicted Intellectual Property in any Creation of Physical Form for any purpose. For example, you may NOT make Physical Form Creations of a copyrighted character, or a branded technology or logo.
9. 3D Industry Promotional Use. If Thyng has granted you, as a hardware or software partner, access to priced 3D Models on a free-of-charge basis, your use of 3D Models is restricted to internal testing for your 3D software or hardware products, and to the promotion of your software or hardware products with Creations of Imagery provided that an attribution of the artist’s name and the Site are included. You agree that should any 3D Models be used outside of these purposes in ways that are normally allowed after a Purchase, that you will notify Thyng and promptly Purchase the 3D Models and otherwise comply with the terms herein.
10. Unauthorized Use. If you use 3D Models in an unauthorized way, Thyng may terminate your account and pursue other penalties, damages, losses, and profits Thyng is entitled to under this agreement or at law or equity. The following are unauthorized uses that are explicitly prohibited:
a. Competition. You may NOT use 3D Models in a way that competes with the Site, including distributing through 3D Model Clearinghouses. You may NOT publish, distribute, or make 3D Models available through any online clearinghouse infrastructure. You may not redistribute 3D Models as part of any design template, After Effects template, stock photography, video or clip art for distribution or licensing through any online stock media clearinghouse whatever.
b. Re-Distribution. You may NOT re-distribute, publish, or make 3D Models available to any third party except in the form of a permitted Creation, or shared as authorized in this agreement.
c. Group Buying. You may NOT aggregate funds to Purchase 3D Models with one or more other parties. An example of this prohibited use is a website membership where members pool their money to make a single Purchase that is shared by the members of the group. Each such member must Purchase individually.
d. No Obscene or Unlawful Use. You may NOT use 3D Models for any defamatory, harassing, pornographic, obscene, or racist purpose, or to infringe any party’s Depicted Intellectual Property rights.
e. False Attribution. You may NOT misrepresent yourself as the creator of 3D Models.
11. Resellers. The license granted herein is wholly transferable by an authorized reseller (“Reseller”) to another party (“Transferee”). Each transferred license must be transferred entirely and all transferred 3D Models must be permanently deleted from the Reseller’s systems after the transfer. When transferring the license, Reseller represents and warrants that the Reseller has the authority to bind the Transferee to these terms. The Reseller is jointly and severally responsible with any Transferee and each are liable for the transferee’s use and compliance with Thyng’s Terms of Use and Site’s policies and procedures as well as any financial obligations hereunder.
III. License Term & Termination
1. Term. Your right and license to 3D Models is perpetual, unless terminated as described herein.
2. Termination. Your license grant is terminated immediately and without notice in the cases below. In such termination, you and any recipients of 3D Models must cease use, distribution, and destroy all copies of 3D Models.
a. Reversal of Purchase. Your right and license to 3D Models are contingent on your Purchase of 3D Models. Any payment reversal of a Purchase for any reason immediately terminates all rights granted under this agreement. Potential Reasons for a payment reversal include:
i. Thyng reverses your Purchase at your request.
ii. Thyng receives a charge back or other notice from your bank or credit card cancelling your Purchase and/or withdrawing the funds used for your Purchase.
iii. Thyng determines in its sole discretion that your Purchase was fraudulent.
iv. When you are granted delayed payment terms, and fail to make payments such that Thyng sends you notice and terminates your account.
b. Failure to Abide by the License Grant. Material failure to abide by the terms of this agreement immediately terminates your right and license to 3D Models. If you detect a violation of the license grant by you or any recipient of shared 3D Models, and promptly report the violation to models@thyng.com, Thyng will make a good faith effort to find an appropriate remedy to preserve your license grant.
IV. Warranties
You covenant, represent, and warrant to Thyng that:
1. You have full right, power, legal capacity, and authority to enter into and perform this agreement, have obtained any third-party consent needed to do so, and, prior to any Purchase, had an opportunity to seek independent legal counsel.
2. You will not use 3D Models except pursuant to the terms of this agreement. Should you use 3D Models in an unauthorized way, you agree to any reasonable fee or penalty exercised by Thyng under this agreement or applicable law.
3. You will, prior to Purchase, determine the need for and, if appropriate, obtain any needed third-party clearance, consent, or release to use Depicted Intellectual Property shown in the digital rendering of 3D Models, and shall not use 3D Models to infringe any party’s Depicted Intellectual Property rights.
4. You will immediately notify Thyng of any legal claim or challenge against your use of 3D Models or any other rights issue, before disclosing such issue to any third-party.
V. Limitation of Liability
1. 3D Models are provided on an “as is”, “as available”, and “with all faults” basis. Thyng makes no representations, warranties, conditions, or guarantees as to the usefulness, quality, suitability, truth, fitness for a particular purpose, non-infringement, merchantability, or cosmetic attributes of 3D Models, and does not guarantee the accuracy or completeness of specifications associated with 3D Models, including measurements, weight, durability, strength, materials, general physical properties, regulatory compliance, other engineering or construction attributes.
2. Thyng disclaims all express or implied conditions, representations, and warranties of any kind regarding 3D Models, including any implied warranty or condition of merchantability. Thyng allows your Purchase to be refunded under certain reasonable time frames and conditions, subject to the Site’s policies.
3. You assume all risk for any damage to your computer systems and network or any damage to your computer system by obtaining 3D Models, including any damages resulting from computer viruses.
4. To the fullest extent permitted by law, Thyng shall not be liable for (A) any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with 3D Models, even if Thyng has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence) or (B) any damages in excess of $1,000. To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental, or consequential damages, portions of the preceding limitation or exclusion may not apply, but should be construed to the greatest extent applicable in such jurisdictions.
5. You agree to indemnify and hold Thyng and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, licensee, suppliers, alliance members, other partners, employees and representatives (“Thyng Parties”) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of your use of 3D Models or Creations.
VI. Other Terms
1. Entire Agreement. This agreement constitutes the entire agreement between you and Thyng relating to your Purchase, unless you have a corporate license agreement with Thyng. Corporate licenses are available with additional protections for additional fees. Please contact models@thyng.com if your organization requires a corporate license. Thyng does not otherwise offer any other changes, additions, variations, or additional signed forms related to this agreement. No modification to this agreement will be binding, unless in writing and signed by an authorized Thyng representative.
2. Material Breach and Injunction. You agree that any material breach of these Terms will result in irreparable harm to Thyng for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Thyng will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Thyng seeks such an injunction.
Notwithstanding anything to the contrary herein, Thyng would be irreparably harmed and shall be entitled to equitable relief including injunctive relief for any hacking, theft, or misuse of the Site.
3. Import/Export Regulations. 3D Models may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall with 3D Models: (a) obtain any export, re-export, or import authorizations required by U.S. or Your local laws; (b) not design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide 3D Models to prohibited countries and entities identified in the U.S. export regulations.
4. Governing Law. This agreement is governed by Illinois law, excluding conflict of law principles. Any action or proceeding arising out of or related to this agreement must be brought in a state or federal court located in Chicago, IL, 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).
5. LIMITED INTERNAL USER ARBITRATION. You acknowledge and agree that Thyng may, in its sole discretion, arbitrate disputes between Thyng users involving 3D Models (including any purchaser or supplier of 3D Models), and such findings shall be final and non-appealable. Either party may request that Thyng arbitrate the dispute, or Thyng may elect, at its option, to arbitrate the dispute. After Thyng elects to arbitrate any dispute hereunder, Thyng will waive any rights to a commission from both the Purchase and arbitration, and the parties must keep the results and process confidential and may not disclose anything related to the dispute to any other party (whether by oral, written, or other type of disclosure). To resolve disputes, Thyng may decide to terminate or suspend users, revoke the license, offer replacement 3D Models, reestablish the licensee, or surrender or reallocate fees (whether by refund, charitable donation, or otherwise). Thyng may award up to 3X the Purchase price to either party depending on the circumstances. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT ACCEPTING THIS ARBITRATION PROVISION WAIVES RIGHTS TO JUDICIAL RESOLUTION, TRIAL BY JURY AND RIGHTS YOU WOULD OTHERWISE HAVE IF YOU HAD NOT AGREED TO THIS ARBITRATION PROVISION.
6. Notice. Any notice under this agreement shall be via email to contact@thyng.com, provided that you receive an acknowledgement email from a Thyng representative within 5 business days. If no such acknowledgement email is received, notice must be in writing and delivered by mail to the following address.
Thyng, LLC
351 W. Hubbard St., Suite 510
Chicago, IL 60654
7. Assignment. Thyng may assign its rights under this agreement without providing you notice, including in the case of a bankruptcy, merger, acquisition, sale of all or substantially all of Thyng’s assets to a subsequent owner or operator, or similar event.
You may not assign your rights under this agreement without the prior written consent of Thyng.
8. English. This agreement may be translated into other languages, but English is the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.
9. Publicity. The following advertising, marketing, and publicity rights are granted to Thyng:
Purchases may be fully publicized by Thyng and you hereby grant Thyng the right to use you and your company’s name, logo, and project name on the Thyng website and in its related marketing and advertising materials.
10. Time limitations on any claim hereunder. Any claim by you hereunder, must be made within one year of purchasing the 3D Model.
This 3D Model License is effective for use with 3D Models on or after April 1, 2021.