48design haftungsbeschränkte Unternehmergesellschaft
+49 (0)721 20 81 633
owner/manager: Fabian and Constantin Groß
Amtsgericht Mannheim HRB 710136
tax ID number: DE274421463
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YOUR PURCHASE OF ANY OF THE 48DESIGN PRODUCTS MEANS THAT YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS:
1. Background of agreement
In this agreement:
- "You" or the "Client" means you or, if you are accepting on behalf of your employer, then "you" means that employer or entity and affiliates
- "48design" or "we" means 48design UG (haftungsbeschränkt), operator of the website www.zwischendrin.com
- "Product" means digital content, either as a single download or multiple downloads, or in the form of a selected package containing multiple files, which a buyer properly purchases from 48design, or which a user obtains, directly or indirectly, from 48design.
This agreement is effective until it is terminated. You can terminate this agreement by destroying the purchased products along with any copies or archives of it and ceasing to use the products for any purpose. The agreement also terminates with or without notice from 48design if at any time you fail to comply with any of its terms. 48design reserves the right to elect at a later date to revoke or amend the licence granted by this agreement and replace the content with an alternative for any reason. 48design may revise this agreement at any time and at its sole discretion.
2. licence Terms
All products are copyrighted and protected by law and international treaty, including, but not limited to, copyright law and/or other intellectual property laws. By purchasing any product, you are allowed to make derivate works based on it, and modify it in any other way. You may use these textures in 3D renderings and real time 3D environments in commerical or non-commercial projects. No other use is granted unless specifically licenced to do otherwise by 48design. This is a licence, and you may not:
- reproduce, distribute, republish, resell, rent or post any product in any form or by any means. In addition, all products contained on this site may not be "mirrored" on any other server without 48design's written permission. You may only make two (2) copies of the products solely for the purpose of personal backup.
- incorporate the products in any product that results in a re-distribution or re-use of the products or is otherwise made available in a manner such that a person can extract or access or reproduce the products as an electronic file.
- permit anyone else to modify the products or use them for any commercial purpose or public display, performance, sale or rental
- transfer the products to another person. You agree to prevent any copying of the products that you have purchased.
- install and use the products in more than one location at a time or post a copy of the products on a network server or web server for use by other users.
- remove any copyright or other proprietary notices by 48design.
- use or display the products in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement.
3. Disclaimer and Warranty
The products are provided "as is", without representation, warranty or condition of any kind. 48design does not represent or warrant that the products will meet your requirements or that its use will be uninterrupted or error free. The entire risk as to the quality and performance of the products is with you.
4. Limitation of warranties and liability
48design's entire liability and your exclusive remedy, with respect to any claims arising out of your use of the products, or out of your actions in downloading the products, shall be as follows: You may, upon request to 48design, be permitted to download the products again, at a location 48design will provide for you. In no event shall 48design or any of its affiliates or content providers be liable for any incidental, indirect, punitive, exemplary or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information or any other pecuniary loss). In any event, the total maximum aggregate liability of 48design under this agreement, shall be limited to the fees actually paid by you to 48design under this agreement in respect of the use of the relevant content.
You agree to indemnify, defend and hold 48design, its affiliates, its Content providers and their respective directors, officers, employees, shareholders, partners and agents (collectively, the "48design Parties") harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) incurred by any 48design Party as a result of or in connection with any breach by you or anyone acting on your behalf of any of the terms of this agreement.
6. General Provisions
You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the licence granted to you, or of your use of the products pursuant to this agreement. This agreement will be governed under the laws of Germany (without reference to conflicts of laws principles).
If you have concerns relating to this agreement, please contact 48design at moc.nirdnehcsiwz@ofni
You acknowledge that you have read this agreement, understand it, and had an opportunity to seek independent legal advice prior to agreeing to it. In consideration of 48design agreeing to provide the products, you agree to be bound by the terms and conditions of this agreement. You further agree that it is the complete and exclusive statement of the agreement between you and 48design, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and 48design relating to the subject of this agreement.
Additional Terms & Conditions
For any products resold by 48design on behalf of a third-party copyright holder, additional terms & conditions may apply. In such a case, a link to those terms & conditions will be indicated on the product's detail page.