Reallusion Content End User License Agreement

Updated September 10th, 2024

This Reallusion Content End User License Agreement (“Agreement or EULA”) is made between you (either an individual or an entity, referred to herein as “you”) and Reallusion Inc. (“Reallusion”) and governs your use of the Content (as defined below).
By creating a Reallusion member account or purchasing any Content from Reallusion’s Stores, you acknowledge that you have read these terms and conditions, understand them, and agree to be bound by them. If you do not agree with or understand these terms and conditions, you should not use the Reallusion member services or purchase the Content from Reallusion’s Stores.

1. Definitions.
1. 1.1 Content - Refers to digital assets published at Reallusion’s Stores, including but not limited to 3D models, textures, materials, motions, audio, AML script, BVH, FBX, OBJ, images, image sprites, and any files in Reallusion proprietary formats.
2. 1.2 Base Content - Refers to any mesh, motion, material, and all other contents originally created and published by Reallusion or Vendor.
3. 1.3 Derivative Content - Refers to any content that is modified from Base Content and republished at Reallusion’s Stores by Vendor. Derivative Content must have significant modifications to the Base Content in order to be published for sale in Reallusion’s Stores.
4. 1.4 Member - Refers to any person who creates a member account at Reallusion and/or any person or business entity who purchases Contents at Reallusion’s Stores.
5. 1.5 Reallusion’s Stores - Refers to the Reallusion Content Store, Marketplace and ActorCore.
6. 1.6 Vendor - Refers to anyone, including Reallusion and Content Developer, who publishes Contents at Reallusion’s Stores.
7. 1.7 Developer - Refers to Reallusion’s Member who registers as a Content Developer (https://developer.reallusion.com/join.html) and plans to publish and distribute its creative contents at Reallusion’s Stores.
8. 1.8 Royalty Free - Refers to a one-time payment and there are no future payments, royalties, fees, costs, or expenses required or imposed upon you for the use of the Content.
9. 1.9 Editorial Use Only Contents – Refers to those Contents which may contain logos, business names, or recognizable people without model releases. Editorial Use Only Contents will be marked at Reallusion’s Stores, and you may only use them for editorial use, such as news reports, articles, blogs or website posts, non-commercial multimedia presentations, theses, textbooks, or documentaries.
10. 1.10 CC Component – Character Creator’s component contents, including but not limited to ccAvatar, ccProject, ccSlider, ccHair, ccCloth, ccShoes, and ccGloves, which can be used in the Character Creator to compose, assemble, modify, or customize into various CC Characters are called CC Component.
11. 1.11 CC Character – A character that is created by Character Creator and saved as iAvatar is called CC Character.
12. 1.12 One Specific Character – One CC Component content can only be applied to one specific character and may not be shared across multiple characters. This specific character can be used in various projects, games, XR, and interactive services as well, as long as it is the same character.
13. 1.13 Unlimited Characters – One CC Component content can be applied to many characters. With the Extended License, you can mix and match various CC Components and create unlimited number of different characters, across multiple projects. These characters can be used in various projects, games, XR, and interactive services as well, as long as they share the same CC Component.
2. License.

The Vendor grants you a Royalty-Free, non-exclusive, worldwide, limited commercial license to use the Content in accordance with terms of the applicable license. The Vendor retains all copyrights, titles, and interests in the Content and associated files. The licenses granted herein may be divided into three classifications, each of which contains different authorizations and restrictions. Members may decide which license to purchase according to their own needs.

2. 2.1 STANDARD LICENSE.
   1. License Granted.

      (A) You may use the Content to copy, adapt, or generate your creations, and provide, sell, and redistribute your creations with full ownership and use rights in Image or Video file formats (“Imagery Use”) in accordance with the output guidelines in this Agreement. The Imagery Use includes using the Content in news, films, movies, television programs, video projects, multimedia projects, theatrical displays, software user interfaces, architectural renderings, games, virtual worlds, advertising, and publication.

      (B) You may use the Content to copy, adapt, or generate your creations, and provide, sell, and redistribute your creations with full ownership and use-rights in commercial games, AR/VR projects and interactive services on One Specific Character.

      (C) Physical Form. The Imagery Use includes 2D and 3D print in physical form, such as packaging materials (e.g., boxes, stickers, and so on), books, caps, t-shirts, 3D-print, etc. The 2D printed physical products are permitted for commercial purposes. Any three-dimensional art derived from the Content is permitted only for personal use.

      (D) Made for Client. You may deliver your output work (Image, image sequence, video, physical form, game, application or AR/VR project) which is created for your client, and your client may use the output work legally for Imagery use, physical form, game, application or AR/VR project subject to Article 2.1.A and 2.2.A. However, if you wish to deliver the original project files made by iClone/ Character Creator/ Cartoon Animator to your client, your client will need to clear the usage right if any copyrighted content is used or else your client will encounter a watermark showing DRM content is used when your client opens the project. To clear the right, please contact sales@reallusion.com for quotation.

   2. Restrictions.

      (A) Competition. You may NOT use the Content or Derivative Content in a way that competes with Reallusion, including distributing through image library, stock video, 3D Model online market, or any similar service.

      (B) Redistribution. You may NOT import, upload, reproduce, make available, publish, transmit, distribute, or sublicense the Content to any third party.

      (C) You may NOT use the Content in the following situations or applications:

      1. In-app content purchase.
      2. In-app character generation.
      3. Character generation API licensing.
      4. As embedded content in the AP or online service.
      5. AI training/ deep learning.
      6. 3D Print for sale or for massive redistribution; create a mold for mass production.
      7. You may not use the content in any pornographic and illegal use, or otherwise unlawful manner.

      (D) CC Component. If you need to use characters made by the CC Component content in any game, application, or AR/VR project for Unlimited Characters, other than the Imagery Use, you need to buy the CC Component’s Extended License.

3. 2.2 EXTENDED LICENSE.
   1. License Granted.

      (A) All exportable Contents with a Standard License can be used for a game, APP, or AR/VR project, except CC Component contents for Unlimited Characters. If you use a CC Character in a game, APP, or AR/VR project, which is created by CC Components, you will be required to purchase the Extended License for these CC Component contents. All available CC Component contents are specified on each product page of the Reallusion's Stores.

      (B) Member may purchase the Extended License to get the following licenses:

      1. Standard License.
      2. Mass character outputs with no limitation for use in commercial games, XR projects and online interactive services. You can repeatedly use CC components to create characters for different titles or projects with a one-time purchase of the Extended License.

      (C) Made for Client. You may use the Content in a project which is created for your client, and your client may use the project legally for Imagery Use, Physical Form, game, APP, or AR/VR project subject to Article 2.2.A. You may deliver your output work (Image, image sequence, video, physical form, game, application or AR/VR project) which is created for your client, and your client may use the output work legally for Imagery use, physical form, game, application or AR/VR project subject to Article 2.1.A and 2.2.A. However, if you wish to deliver the original project files made by iClone/ Character Creator/ Cartoon Animator to your client, your client will need to clear the usage right if any copyrighted content is used or else your client will encounter a watermark showing DRM content is used when your client opens the project. To clear the right, please contact sales@reallusion.com for quotation.

   2. Restrictions.

      Member may NOT use Content in the following situations:

      (A) Competition. You may NOT use the Content or Derivative Content in a way that competes with Reallusion, including distributing through image library, stock video, 3D Model online market, or any similar service.

      (B) AI training/ deep learning.

      (C) 3D Print for sale or for massive redistribution; create a mold for mass production.

      (D) You may not use the content in any pornographic and illegal use, or otherwise unlawful manner. 

4. 2.3 ENTERPRISE LICENSE.

   Member may request authorization for a use not covered by the Standard License or Extended License in this Agreement. Reallusion will contact you to negotiate for the Enterprise License case by case

3. Editorial Use Only.

If the Content you have purchased includes any Editorial Use Only Content, you may only use it in an editorial manner. The Editorial Use restricts in the following ways:

1. 3.1 Editorial Use Only Content may not be used on any item/product for resale.
2. 3.2 Editorial Use Only Content may not be used as part of billboards, trade shows, or exhibit displays.
3. 3.3 Editorial Use Only Content may not be incorporated into a logo, trademark, or service mark.
4. 3.4 Editorial Use Only Content may not be used for any commercial purpose.
4. Workgroup Account.

The Content which is authorized under this EULA should be locked to the same purchase account. For multiple-seat AP users, Reallusion provides Workgroup Accounts for studios, corporations, and production houses to consolidate stored assets under a cloud-synced central location to efficiently share, download, view, search, and organize workgroup assets.

5. Member's Obligations.
1. 5.1 Member shall not use the Content in any way that may violate any laws, statutes, ordinances, or regulations.
2. 5.2 Member shall represent and warrant that its creation does not infringe, misappropriate, or violate any rights of any third party, including, but not limited to, any trademark, copyright, patent, trade secret, right of privacy, or publicity.
3. 5.3 Member shall take all reasonable and industry-standard measures to incorporate 3D Models within your creations to prevent other parties from gaining access to such 3D Models. Member shall make sure that the 3D Models must be contained in proprietary formats so that they cannot be opened or imported into a publicly available software application.
4. 5.4 For all Contents that are delivered to Member in electronic form, Member shall retain the copyright symbol, the name of Vendor, and any other information as may be embedded in the electronic file containing the original Contents. Member shall NOT misrepresent itself as the creator of the Contents or Derivative Contents.
5. 5.5 Member acknowledges and agrees that any and all default contents in the Realluison’s Software and the Contents are the properties of and proprietary to Reallusion or its licensor, and cannot be published in any third-party marketplace. Member can only publish and sell its Derivative Contents in Reallusion’s Stores.
6. Liability.
1. 6.1 Any violation of the terms and conditions specified in this EULA or the unauthorized sale, duplication, sub-licensing, or publishing of any Contents or Derivative Contents constitutes copyright infringement and entitles Reallusion or its licensor to exercise all rights and remedies available to it under copyright laws around the world. The defaulting Member shall be responsible for any damages resulting from any such copyright infringement or violations, including any claims by a third party.
2. 6.2 Member acknowledges and agrees that neither Vendor nor its board members, officers, employees, or agents, will be liable for any loss or damage arising out of or resulting from their provision of the Contents or Derivative Contents under this Agreement. Member agrees to release Vendor to the extent from any such liability, loss, damage, or claim, however caused (including through negligence) which may be directly or indirectly suffered in connection with any use of the Contents or Derivative Contents.
7. Limited Warranty and Disclaimer.
1. 7.1 Reallusion has made efforts to ensure the Contents are free from defects and usable in Reallusion’s software applications; however, due to the instability and inconsistency of software, hardware, and operating systems, it is not possible for Reallusion to provide any warranty or guarantee pertaining to the performance of the Contents.
2. 7.2 The Contents or Derivative Contents are provided by Vendor on an ‘AS IS’ basis. Vendor makes no representations, warranties, conditions, or guarantees as to the usefulness, quality, suitability, truth, or fitness for a particular purpose. Member acknowledges that it is the responsibility of Member to ensure that the Contents or Derivative Contents meet its own individual requirements.
3. 7.3 TO THE EXTENT PERMITTED BY LAW, NO EXPRESS OR IMPLIED WARRANTY, TERM, CONDITION, OR UNDERTAKING WITH RESPECT TO THE CONTENTS OR DERIVATIVE CONTENTS IS GIVEN OR ASSUMED BY VENDOR, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR ANY FITNESS FOR A SPECIFIC PURPOSE. VENDOR SHALL NOT BE LIABLE TO MEMBER OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, DIRECT OR INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHER SIMILAR DAMAGES (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS OR OTHER ECONOMIC ADVANTAGE), COSTS OR LOSSES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
8. Term and Termination.
1. 8.1 Your right and license to the Contents are contingent on your purchase. Any payment reversal of a purchase for any reason immediately terminates all rights granted under this Agreement.
2. 8.2 Except as otherwise specified in this Agreement, either Reallusion or Member shall have the right to terminate this Agreement, if the other party is in breach of this Agreement and fails to cure such breach within ten (10) days after written notice of the breach.
3. 8.3 Upon termination, Member shall immediately:
   1. stop using the Contents or Derivative Contents; and
   2. delete or destroy the Contents or Derivative Contents.
9. Modification.

Reallusion reserves the right to make changes to the Terms from time to time without notice to you. All changes shall be effective immediately, please check these Terms periodically for changes. Unless otherwise noted, the amended Terms will be effective immediately, and, your continued use of our Services and Software confirm your acceptance of the changes. The most current version of these Terms, which supersedes all previous versions.

10. Governing Law.

The laws of the state of California govern this EULA, except that federal and international law governs copyrights, patents, and registered trademarks. Should any court having appropriate jurisdiction find any provision of this EULA invalid, that particular provision will be deemed null and void and will not affect the validity of any other provision of this EULA.

11. Contact Information.

If you have questions concerning this EULA or need to contact Customer Service, please contact Reallusion at this e-mail address below:

- Customer Service (returns, purchase):https://www.reallusion.com/support

- Licensing Requiring: sales@reallusion.com

COPYRIGHT

Copyright © 2000-2024 Reallusion Inc. All Rights Reserved.