Birch, Fall 3D Model

1. Attention - Important Information - Please Read Carefully.

This End User License Agreement ("Agreement") constitutes a valid and binding agreement between you and Form Fonts for the use of the Licensed Content (as defined below). You are required to read this Agreement and agree to all of its terms and conditions in order to access and use the Licensed Content.

By using any of the services provided by Form Fonts or by accessing or using the Licensed Content, you agree to be bound by the terms of this Agreement.

2. Definitions.

"Agreement" refers to this End User License Agreement.

"Form Fonts" means Form Fonts, a California corporation.

"Licensed Content" means any models, textures, scripts, cut outs, images, or other world-making artifacts or artwork provided by Form Fonts.

"Person" means an individual or entity, including without limitation a corporation, partnership, or limited liability company.

"Subscriber" means each Person who establishes or accesses a connection ("account") for access to and/or use of the Website, Licensed Content or other services provided by Form Fonts and who has agreed to be bound by the terms and conditions of this Agreement.

"Website" means the interactive service owned and operated by Form Fonts, both on-line on the Internet's World Wide Web, including without limitation the website www.formfonts.com, as well as through the downloading of a "plug-in," utility or enhancement that transfers all or a portion of the on-line functionality to the SubscriberÕs computer. This service consists of information services and content provided by Form Fonts, affiliates of Form Fonts and other third parties.

3. License Grants.

Provided you agree and comply with the terms and conditions of this Agreement, during the term of this Agreement, Form Fonts grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable, non-transferable license to access Form Fonts' Website and to download and use the Licensed Content onto a single computer. Your use of the Licensed Content shall be limited to the use of the Licensed Content in the design, creation and presentation of static 3 dimensional models, animation and renderings.

4. License Restrictions.

(a) Notwithstanding anything in this Agreement to the contrary, you may not:

(i) publish, market, distribute, gift, assign, transfer, sell, sublicense, or grant rights in or to the Website or the Licensed Content to another Person, except as expressly provided in this Agreement or as provided by prior written consent of Form Fonts any Licensed Content;

(ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, or disassembling or hacking of the Website or any Licensed Content;

(iii) export or re-export the Licensed Content in violation of any applicable export laws;

(iv) use the Website or Licensed Content in any way that would violate any applicable law, regulation, or ordinance;

(v) access or use the Website or any Licensed Content to create, develop, transmit, or store information that: (A) infringes any third party's intellectual property or other proprietary rights, (B) is abusive, defamatory, harmful, or obscene, or (C) interferes with or obstructs the normal performance of another Person's use of the Website or Licensed Content.

(b) Your subscription and access to the Website and use of Licensed Content and other services provided by Form Fonts will be monitored by Form Fonts by the use of software agents. Suspicious activities such as abnormal downloads or login activities may result in the automatic and temporary suspension of your subscription. Form Fonts will use its best efforts to promptly notify you if any such action to suspend your subscription is taken.

5. Proprietary Rights.

This Agreement provides you with a limited license to access the Website and to download and use the Licensed Content. Form Fonts retains all right, title, and interest in and to all copyright, trade names, trademarks, servicemarks, and other proprietary or intellectual property rights in and to the Website and the Licensed Content. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are expressly reserved by Form Fonts.

Form Fonts and any logos associated therewith are trademarks or trade names of Form Fonts (the "Form Fonts Marks"). All rights reserved. All other trademarks or trade names appearing on the Website and/or any Licensed Content or other material are the property of their respective owners. Subscriber agrees not to challenge or assert any claim against the validity of Form Fonts' ownership of the Form Fonts Marks, or against the marks of any other licensor, third party content or information provider to Form Fonts. Subscribers shall not reproduce or use (or authorize the reproduction or use of) the Form Fonts Marks in any manner other than as expressly authorized in writing by an authorized officer of Form Fonts.

6. Payment.

You acknowledge that access to portions of the Website and the downloading and use of Licensed Content is only available to paid Subscribers.

As a Subscriber you are paying for the right to use the Licensed Content in accordance with the terms and conditions of this Agreement. You have not purchased and do not own any Licensed Content downloaded from the Website. You have the right to use the Licensed Content only while your subscription is active and in good standing. If your subscription should be terminated, suspended, or cancelled for any reason, your access to the Website and to the use of any Licensed Content shall cease and you shall cease from any further use of any Licensed Content, including the use of any Licensed Content previously downloaded and stored on your computer for any purpose whatsoever.

7. Representations and warranties.

You represent and warrant that: (a) you possess the legal right and ability to enter into this Agreement and to comply with its terms and conditions, (b) you will access the Website and use the Licensed Content for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations, as well as the Form Fonts conditions of use, and privacy policy, and (c) you will always provide and maintain true, accurate, current and accurate information as requested by Form Fonts.

8. Indemnification.

You agree to indemnify, hold harmless and defend Form Fonts and its affiliates, parents, subsidiaries, shareholders, directors, officers, employees, agents, and representatives (collectively "Representatives") at your expense, against any third party actions, claims, damages, lawsuits, or proceedings (including without limitation reasonable legal fees and costs) incurred by Form Fonts or any of its Representatives arising out of, relating to or in connection with your (a) violation of or breach of any term of this Agreement or any policy or conditions of use referenced herein, or (b) use or misuse of the Website or the Licensed Content.

9. Term; Termination.

(a) This Agreement will be effective as of the date you accept this Agreement, thereby expressly agreeing to the terms and conditions of this Agreement and will remain in effect until terminated by either party as set forth below. You acknowledge that by using any of the services provided by Form Fonts or by accessing or using the Licensed Content, you agree to be bound by the terms of this Agreement.

(b) You may terminate this Agreement at any time provided you cease all use of the services and Licensed Content provided by Form Fonts and you destroy or remove from your computer, networks and other storage media all copies of any Licensed Content in your possession or control. If you choose to terminate this Agreement prior to the end of a billing period, your account will maintain active through the end of the billing period.

(c) Form Fonts may terminate this Agreement at any time, with or without cause, by providing notice to you and/or preventing your access to the Website or Licensed Content. If Form Fonts terminates this Agreement, your subscription will end and all access to the Website, Licensed Content and other Form Fonts services will end.

(d) You agree that in the event this Agreement is terminated or cancelled, no refunds of any subscription fees will be made, except where prohibited by law.

10. Disclaimer of Warranties.

(a) The Website, Licensed Content and other services provided by Form Fonts are provided "as is" and there are no warranties, claims or representations made by Form Fonts, either express or implied, or statutory, with respect to the Website, Licensed Content or any other services provided by Form Fonts, including warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance, or trade usage. Form Fonts does not represent or warranty that the Website, Licensed Content or other services will always be available, accessible, uninterrupted, timely, secure, accurate, complete, error-free, or will operate without data loss. Form Fonts does not warrant any connection to or transmission from the Internet.

(b) You acknowledge that the entire risk arising out of the use of the Website, Licensed Content or other services provided by Form Fonts remains with you to the maximum extend provided by law.

(c) As some jurisdictions do not allow some of the exclusions set forth in this Section, some of these exclusions may not be applicable to you.

11. General Provisions.

(a) Agreement Binding; Amendment. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. This Agreement may not be amended, changed or modified by any party, except by the prior written consent of the parties.

(b) Authority to Execute. The individuals who are signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.

(c) Entire Agreement. This Agreement and the conditions of use and privacy policy constitute the entire agreement between the parties hereto with respect to the subject matter hereof. This Agreement supersedes and replaces all prior understandings, negotiations, commitments, writings and agreements between the parties hereto, whether written or oral, express or implied, with respect to its subject matter. Each party to this Agreement acknowledges that no representations, warranties, inducements, promises or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein or within the conditions of use or privacy policy.

(d) Governing Law; Venue. The laws of the state of California (without giving effect to its conflicts of laws principles) govern all matters arising out of or relating to this Agreement and all of the transactions it contemplates, including without limitation, its validity, interpretation, construction, performance, and enforcement. Any action or proceeding arising out of or relating to this Agreement or arising out of or in any manner relating to the relationship between the parties shall only be brought in the state or federal courts in San Diego, California, and each of the parties hereto submits to the personal jurisdiction of such court (and of the appropriate appellate courts wherever located) in any such action or proceeding, and selects the courts in San Diego, California for proper venue in any such action or proceeding.

(e) No Implied Waiver. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

(f) Severability. If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction (or, if applicable, an arbitrator), the remaining provisions of this Agreement shall not be affected and shall remain in full force and effect, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained in this Agreement. Any provision of this Agreement held invalid, illegal or unenforceable only in part or degree shall remain in full force and effect to the extent not held invalid, illegal or unenforceable.

(g) Additional Information. All questions concerning this Agreement should be directed to: Form Fonts, P.O. Box 40319, San Diego, California 92164-0319 U.S.A. e-mail: info@formfonts.com.

(h) Acknowledgement. You hereby acknowledge that you have read, understood and agree to the terms and conditions of this Agreement in their entirety.