The swatchbook 3D model License Agreement

swatchbook 3D models are royalty free, unless specifically indicated otherwise in the individual model's product description.  For the purposes of clarity and to avoid any confusion this means that, after purchasing a subscription or 3D models from swatchbook, you will not  make any additional future payments (or pay further royalty fees) and you may use 3D models in multiple projects, as long as you maintain an active subscription. The 3D model License is the final and authoritative agreement on your use of swatchbook 3D models. We’ve provided helpful summaries for your convenience, but the license itself is always the final word.


Editorial Uses

3D models designated with the “Editorial Use” label may only be used in an editorial manner,. For the purposes of this Agreement and to avoid any confusion "Editorial Use" means use of the 3D models in a context that is newsworthy, of public interest, or of cultural significance, typically in a manner related to news reporting, commentary, criticism, or education. Such uses include, but are not limited to, incorporation of the 3D models within news broadcasts, journalistic articles, documentaries, non-commercial blogs, podcasts, and presentations within academic settings. Editorial Use expressly excludes any commercial, promotional, advertising, or merchandising purposes. Use of 3D models under the label "Editorial Use Only" is restricted to contexts that adhere to these criteria, ensuring that the 3D models serve to inform, educate, or critique rather than to sell or promote products or services.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 use these assets.


Allowed Editorial Uses

‍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.”

‍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.

‍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.

‍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.

‍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. Or a user using a Nike shoe model to learn how to construct shoes.


Types of Editorial Uses Not Allowed.

‍Advertising
‍No advertisements (video, print, other), billboards, tradeshow or exhibit displays, etc.

‍Merchandising
‍No physical product for resale, video game, etc.DefamatoryNo defamatory, libelous or otherwise unlawful manner whether directly or in context or juxtaposition with such specific subject matter.

‍Branding
‍No incorporation into a logo, trademark or service mark.Commercial PurposeNo commercial, non-news related purpose.

‍Modification
‍A 3D model with an “Editorial Use” label may not be modified so that it no longer contains Depicted Intellectual Property.


Games Uses
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Allowed games uses:
Console, PC, web, mobile games; Virtual and augmented reality; Game mods; Closed MMOs and closed Virtual Worlds..

Prohibited games uses:
‍Redistributing or otherwise making swatchbook 3D models available to end-users
‍If you are redistributing something that includes actual 3D model files, the 3D model files must be incorporated into a larger creation and not in an open format that others can be downloaded. While most game engines, such as Unity and Unreal, handle this automatically, it is ultimately the responsibility of the licensee to ensure that 3D model files are incorporated into a larger creation and not in an open format that others can be downloaded. In general, to prevent your end-users from obtaining swatchbook 3D models, you should use proprietary formats that cannot be extracted, exported, or decompiled without reverse engineering
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Responsibility of Licensee in Relation to Game Engine Use
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Notwithstanding any provisions in this Agreement related to the use of 3D models within creations of Computer Games and Software, the Licensee acknowledges and agrees that it is the sole responsibility of the Licensee, and not that of any game engine provider or swatchbook, to ensure compliance with the terms laid out in this Agreement. This includes, but is not limited to, the responsibility to incorporate 3D models within creations in a manner that prevents third parties from gaining access to the 3D models, according to the specifications and restrictions outlined herein. The Licensee must employ all reasonable and industry-standard measures to adhere to these conditions, irrespective of the functionalities or limitations inherent to the game engine used in the development of the Creation. Failure to comply with these terms will constitute a breach of this Agreement, subjecting the Licensee to potential termination of rights and other penalties as described in the sections pertaining to Unauthorized Use and Termination.

‍Using swatchbook 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.

‍Using swatchbook products in browser based games
‍swatchbook allows using 3D models in the following WebGL browser-based applications: Unity, Unreal, and Lumberyard. Others may be approved on a case by case basis.

‍Additional use in WebGL applications
‍swatchbook 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, subject to the following guidelines: A) the format has no known reverse engineering methods and/or B) The textures and topology of the mesh have been modified in such a way to make it a substantially different product. These uses must be approved in advance by contacting us through email or our Support channels.


Corporate Uses
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Allowed corporate uses
Architectural renderings, Website design, Corporate communications, Marketing collateral.

Prohibited corporate uses
‍Business logos or trademarks
‍You are free to use swatchbook 3D models as part of a project that features a business logo or trademark, but a 3D model or any derivative work based on the 3D model cannot be an actual component of the business logo or trademark because you cannot trademark somebody else’s 3D model design (and make it exclusively your own).


Educational Uses

Allowed Educational Uses
Instructional videos, Walkthrough tutorials, Course work.

Prohibited Educational Uses
You may not redistribute any altered or unaltered 3D models to your students for access on their personal computers (i.e. it is only allowed for school/university owned computers). If you wish to use free swatchbook materials, you may instruct your students to sign up on swatchbook so that they can download the same free content or make their own purchase.
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Physical Creations & 3D Printing

As long as the Purchased 3D model does not have an Editorial Use label or contain Depicted Intellectual Property (for example, Spiderman), and as long as it is part of a larger work that substantially changes the creation or incorporates the 3D model in a larger collection physical objects, it’s fine to use for 3D printing and other physical creations like articles of manufacture, custom vehicles, furniture, jewelry, sculptural artwork, toys, and physical entertainment goods (“Creations of Physical Form”).

‍People ask if they can
‍Buy a 3D model and then resell prints of that exact model, and/or buy a 3D model, make a mold of that model, and then sell those molds. Neither of these is allowed.

‍Using the 3D model as is
If you just want to use the 3D model without making any substantial changes that alter the fundamental design or structure of it, you can do so for up to five items for personal use, gift or donation: 3D prints, apparel, artwork, other physical creations.
For the purposes of this Agreement, "Substantial Change" shall mean a change or modification made to a 3D model that alters the fundamental design or structure of the original 3D model, resulting in a distinct and recognizably different creation. Such changes include, but are not limited to, significant alterations in shape, size, functionality, color scheme, and composition, which collectively or individually transform the 3D model in a manner that it is no longer readily identifiable as the original version provided by swatchbook. A Substantial Change must be substantial enough that the modified 3D model serves a new and unique purpose or conveys a different aesthetic or functional message, distinguishing it from the original 3D model. Minor edits, such as resizing, retexturing, or minor adjustments that do not materially affect the original design or intended use of the 3D model, do not qualify as a Substantial Change under this Agreement.
Under no circumstances can you print or sell a 3D printed model with Depicted Intellectual Property or an Editorial Use label.In the event of any unauthorized use of the Depicted Intellectual Property or an Editorial Use label, including but not limited to the printing or sale of a 3D printed model that incorporates Depicted Intellectual Property or is subject to an Editorial Use label, such action shall be deemed a material breach of this Agreement. Upon any such breach, swatchbook reserves the right to take appropriate legal action against the infringing party. Such legal recourse may include, but is not limited to, seeking injunctive relief to prevent further unauthorized use, claiming damages for losses incurred as a result of the breach, and pursuing any other remedies available under law or equity. The infringing party shall also be responsible for covering all legal costs, including attorney’s fees, incurred by swatchbook in enforcing its rights under this clause. The rights and remedies provided to swatchbook in this clause are cumulative and are in addition to any other rights and remedies available to swatchbook at law or in equity.


swatchbook 3D model License

This is a legally binding agreement between licensee (“you”), and swatchbook regarding your rights to use 3D models from the applications 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.Notwithstanding any provision to the contrary within this Agreement or any other rights that may be granted herein, the Licensee acknowledges and agrees that it is not entitled to claim, receive, or retain any profits, revenues, royalties, or any form of financial gains derived directly or indirectly from the use, distribution, broadcast, display, or incorporation of the 3D models in any Creations or otherwise under this Agreement. The Licensee further agrees that all financial benefits accruing from such use of 3D models are solely for the benefit of swatchbook, and the Licensee shall have no claim to such financial benefits under any circumstances. This provision shall survive the termination of this Agreement and shall be binding upon the Licensee, its successors, and assigns.This agreement incorporates by reference the Terms of Use as well as the application’s policies and procedures as such.


I. Introduction & Definitions
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‍Definitions
‍This agreement is intended to be easy to understand, and to provide clarity for using 3D models in the work you create (“Creations”). Over the years, swatchbook has been asked many questions about how 3D models may be used in Creations, and we have attempted to answer those questions in this agreement.
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 ID, 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 swatchbook 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 swatchbook to provide such services; user interface layouts, designs, images, text, knowledge base 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.
“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
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swatchbook does not grant title or ownership in 3D models. All rights, including all intellectual property rights, in 3D models not expressly granted in this agreement are reserved by swatchbook for itself and its licensors.For the purposes of clarity and to avoid any confusion as to this Agreement, swatchbook, expressly retains all ownership rights, title, and interest in and to all intellectual property rights associated with the 3D models, including but not limited to any copyrights, trademarks, trade dress, patents, or any other proprietary rights. All such intellectual property rights are protected by national and international intellectual property laws and treaties, and any unauthorized use of the 3D models may constitute a violation of such laws. No transfer of title or ownership in any intellectual property rights of the 3D models is made under this Agreement, and any rights not expressly granted herein are reserved by swatchbook. The purchasing entity, including its parent company and its majority-owned affiliates, acknowledges that it acquires no rights in the 3D models other than those expressly granted by this Agreement.

2.Rights Granted
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‍For 3D models, swatchbook 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 use@swatchbook.com. swatchbook is authorized to approve a New Use if swatchbook 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
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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.
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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
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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
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swatchbook does not own or license any Depicted Intellectual Property. swatchbook 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. Furthermore, you agree to indemnify and hold harmless swatchbook from any claims, damages, liabilities, costs, or expenses arising from your use of Depicted Intellectual Property.

6.Creations of Imagery
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Permitted Uses of Creations of Imagery
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.
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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 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 use a Promotional Image that has any added element which is not included as part of the 3D model, provided that it does not infringe on any third party rights or misrepresent the capabilities 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 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 swatchbook 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.
d. You may NOT use Imagery in machine learning programs without prior authorization from swatchbook. You may NOT use Imagery for AI derived generative content without prior authorization from swatchbook. Please email us at use@swatchbook.com should you seek authorization.

7.Creations of Computer Games and Software
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Permitted Uses in Creations of Computer Games and Software
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.
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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 outsi de 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
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Permitted Uses in Creations of Physical Form
‍Subject to the following restrictions, you may use 3D models to make Physical Creations such as 3D printed works, articles of manufacture, custom vehicles, furniture, jewelry, sculptural artwork, toys, and physical entertainment goods (“Creations of Physical Form”).
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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, gifts, or charitable donations, with a maximum of 5 instances of such Creation per Purchase; unless the 3D model is a small part of a much larger array of other physical objects in the Creation. For example, if you are creating a real-world, physical human skeleton for manufacture for sale, it is permitted to add a 3D printed human head that exactly resembles the Purchased 3D model, but it is not permitted to sell the 3D printed head by itself. Another permitted example of a 3D model being a small part of a larger array is using a 3D model that ends up within an automobile as a part of the automobile.
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 (Spiderman, Elsa, Slimer), or branded technology (Apple, Toshiba, Samsung).

9.3D Industry Promotional Use
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If swatchbook 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 swatchbook and promptly Purchase the 3D models and otherwise comply with the terms herein.

10.Unauthorized Use
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If you use 3D models in an unauthorized way, swatchbook may terminate your account and pursue other penalties, damages, losses, and profits swatchbook 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. 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.


III. License Term & Termination

1.Term
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Your right and license to 3D models is perpetual, unless terminated as described herein.

2.Termination
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Your license grant is terminated as soon as paid subscription ends. In such termination, you and any recipients of 3D models must cease use, distribution, and destroy all copies of 3D models.


IV. Warranties
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You covenant, represent, and warrant to swatchbook that:
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.
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 swatchbook under this agreement or applicable law.
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.
You will immediately notify swatchbook 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” and “as available” basis, to the extent permitted by applicable law. swatchbook 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.
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2. swatchbook disclaims all express or implied conditions, representations, and warranties of any kind regarding 3D models, including any implied warranty or condition of merchantability. swatchbook allows your Purchase to be refunded under certain reasonable time frames and conditions, subject to the Site’s policies.
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3. You assume all risk for any damage to your computer systems and network for any damage to your computer system by obtaining 3D models.notwithstanding any other provision in this Agreement, swatchbook shall not be liable for any damages, losses, or liability to you or any third party, including any direct, indirect, special, incidental, consequential, or punitive damages, arising from or related to the presence of viruses, malware, or any other harmful components in any 3D models downloaded or otherwise obtained through the Site. You acknowledge and agree that it is solely your responsibility to ensure that any 3D models you download or use are free from viruses, malware, and other harmful components, including employing sufficient protective measures and virus scans. This limitation of liability applies irrespective of whether swatchbook has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any remedy.
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4. To the fullest extent permitted by law, swatchbook 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 swatchbook 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. Notwithstanding anything to the contrary herein, the swatchbook indemnification obligation set forth below shall be limited to the following depending on the licensing tier:Tier 0: 3D models acquired at free-of-charge are not indemnified.Tier 1: Standard License indemnity limitation is ten thousand ($10,000) dollars for all 3D models acquired with payment. This indemnity is in aggregate for all 3D models acquired under the Standard License.For any 3D model labeled Editorial, the above indemnities shall only apply if the model is properly used within the editorial license set forth herein (i.e. for news and editorial purposes in association with newsworthy media.)  For use outside the Editorial scope, no indemnification from swatchbook shall apply.
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5. You agree to indemnify and hold harmless swatchbook and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, licensee, suppliers, alliance members, other partners, employees and representatives (“swatchbook Parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the 3D models or Creations; (ii) your violation of any term of this agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the 3D models or creations caused damage to a third party.
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6. Subject to sections 4 and 5 above, swatchbook shall indemnify, defend, and hold you harmless from and against any claim or demand, including reasonable attorneys’ fees made by any third party for copyright or trademark infringement due to or arising out of your use of the 3D models in accordance with these Terms, but excluding any modifications made by You, if such infringement was caused by the modification. This indemnity shall not apply to any 3D model labeled for Editorial Use or a brand name, logo, or other Depicted Intellectual Property prior identified in a 3D model.
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7. In the event of an indemnification claim by You, you agree to provide notice to swatchbook within thirty days’ of receiving any claim and allowing swatchbook to fully control such claim, including but not limited to, selection of counsel, reasonable diligence into the claim, and if necessary litigation and/or settlement. Notice must be given via email to: agent@swatchbook.com. Notice is not considered made until it is acknowledged in writing by swatchbook.


VI. Other Terms

1.Entire Agreement.
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This agreement constitutes the entire agreement between you and swatchbook relating to your purchase. swatchbook 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 swatchbook representative.

2.Material Breach and Injunction
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You agree that any material breach of these Terms will result in irreparable harm to swatchbook for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, swatchbook 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 swatchbook seeks such an injunction.
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Import/Export Regulations
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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.

3.Governing Law
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This agreement is governed by California 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 California, 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).

4.LIMITED INTERNAL USER ARBITRATION
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You acknowledge and agree that swatchbook may, in its sole discretion, arbitrate disputes between swatchbook users directly arising out of their use of swatchbook's services and 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 swatchbook arbitrate the dispute, or swatchbook may elect, at its option, to arbitrate the dispute. After swatchbook elects to arbitrate any dispute hereunder, swatchbook 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, swatchbook 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). swatchbook 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.

5.Notice
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Any notice under this agreement shall be via email to legal@swatchbook.com provided that you receive an acknowledgement email from a swatchbook representative within 5 business days.

6.English
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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.

7.Time limitations on any claim hereunder
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Any claim by you hereunder, including without limitation a claim for indemnification under section V must be made within one year of purchasing the 3D model.

This 3D model License is effective for use with 3D models for use on or after April 1, 2024.