This License Agreement is made effective between you and BLACK SKY SYMMETRY, INC. upon making a purchase of any digital product from www.vitalybulgarov.com.
By purchasing any 3d models (or set of 3d models such as kitbash sets) from www.vitalybulgarov.com you are acquiring a Single Person Use license, whether it's personal or commercial project. For commercial projects licensing when a team(multiple people) of artists is intended to use the models please request a quote using the form at the Contacts page. By purchasing and downloading a 3d model from www.vitalybulgarov.com you agree to the terms of the User License Agreement below.
This is the license that allows you to incorporate 3d models(3d kitbash parts purchased on www.vitalybulgarov.com) in-to your own 3d models/3d concept designs, including for use for commercial projects. This is NOT an agreement of ownership. This license is non-transferable. If you do not agree to the terms, you are not permitted to use 3d models (3d kitbash parts). Purchasing the parts(3d models) doesn't allow to resell the parts( as digital 3d models or 3d printed model kits of parts or molds made of 3d printed parts) to any 3rd party without incorporating the parts in-to your own unique models/designs or combining the 3d parts purchased on www.vitalybulgarov.com with 3d kitbash parts of a third party . The 3d models purchased from www.vitalybulgarov.com qualify for commercial use ONLY as additional parts to your models/design and NOT as a sole product (such as individual parts or models assembled ONLY from the purchased parts without using your own parts as foundation). A case when it is allowed to use solely the 3d model kits for model creation is only when used as a part of VFX shot production, meaning the final product the kits used for are rendered frames and not the models or concept designs. Please read the terms carefully. Use the Contacts form page to submit any questions if the boundaries of licensing for your specific project are unclear.
Upon payment of the non-refundable license fee, Black Sky Symmetry, Inc. grants you a non-exclusive, non-transferable, limited right to use 3d models (3d kitbash parts) for personal, educational or commercial (professional) use by you at a single, geographical location (the "Licensed Location"). You may not store 3D Kitbash models on a file server that can be accessed via the Internet or other external network system by computers not located at the Licensed Location.
You may not duplicate or copy 3d models (3d kitbash parts) models except as needed to use it as expressly permitted by this Agreement. However, you may make one (1) personal copy of 3d models (3d kitbash parts) for backup purposes.
Intellectual Property Rights
You acknowledge and agree that 3d models (3d kitbash parts) purchased from www.vitalybulgarov.com and permitted copies, and the trademarks associated with www.vitalybulgarov.com, are the intellectual property owned by Black Sky Symmetry, Inc. 3d models (3d kitbash parts) or any other digital product sold on www.vitalybulgarov.com are protected by Copyright Laws including without limitation, by United States federal Copyright Law, California State Intellectual Property Law, international treaty provisions, and applicable laws in the jurisdiction of use.
You may not copy 3d models (3d kitbash parts) except as provided under the "Permitted Copies" provision above.
License Transfer; Service Bureaus
You may not rent, lease, sublicense, distribute, lend nor transfer 3d models (3d kitbash parts), or any copy or portion of 3d models (3d kitbash parts), without prior written consent from Black Sky Symmetry, Inc.
No Other Use
You are granted only the rights expressly stated in this Agreement, and you may not use 3D Kitbash models for any other use. Without limitation, below are examples of uses that are NOT permitted under this Agreement and require purchase of a separate license from Black Sky Symmetry, Inc.
1. You may not share 3d models (3d kitbash parts) with other business entities (e.g. your advertising agency, dealer, subsidiary, parent company, service bureau, etc.)
2. You may not use 3d models (3d kitbash parts) at more than one physical location
3. You may not resell or redistribute 3d models (3d kitbash parts). For Example: You are not allowed to add the 3D KitBash parts to the models you plan to sell on websites such as Turbosquid or similar.
The license rights granted under this Agreement will immediately and automatically terminate without notice if you fail to comply with any term or condition of this Agreement. Upon termination, you must destroy all copies 3d models (3d kitbash parts) . The balance of the Agreement shall survive any such termination of license rights.
Black Sky Symmetry, Inc. warrants that 3d models (3d kitbash parts) will perform as outlined in the Tech. Info documentation in effect at the time of the commencement of this license. The 3d digital models sold on www.vitalybulgarov.com are not intended for real-world practical engineering applications. Black Sky Symmetry, Inc. will not carry any responsibility if such use takes place. For any real-world application the user shall use the 3d models at his/her own risk. Black Sky Symmetry, Inc. will correct substantial malfunctions occurring during this warranty period provided that such malfunctions are reproducible, your product is properly registered, and you give immediate notice and sufficient detail of such malfunctions to Black Sky Symmetry, Inc. using the contact form on www.vitalybulgarov.com. Black Sky Symmetry, Inc. will have no responsibility in the event you fail to provide proof you licensed 3d models (3d kitbash parts) models bought from www.vitalybulgarov.com.
Disclaimer; No Refunds
EXCEPT AS EXPRESSLY PROVIDED IN THE FOREGOING PARAGRAPH, 3D MODELS (3D KITBASH PARTS) ARE PROVIDED "AS IS." BLACK SKY SYMMETRY, INC. CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING 3D 3D MODELS (3D KITBASH PARTS). EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY WHICH MAY NOT BE LIMITED OR EXCLUDED BY LAW APPLICABLE IN YOUR JURISDICTION, BLACK SKY SYMMETRY, INC. MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO OTHER MATTERS, INCLUDING WITHOUT LIMITATION, NON INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Your license for 3d models (3d kitbash parts) models is nonreturnable and nonrefundable.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BLACK SKY SYMMETRY, INC.BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE 3D MODELS (3D KITBASH PARTS), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF BLACK SKY SYMMETRY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall BLACK SKY SYMMETRY, INC. cumulative liability for any loss or damage to you (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred dollars (US$200.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
This Agreement is governed by the laws of California, U.S.A., excluding conflict of laws provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. You expressly agree that any disputes related to this Agreement will be resolved in a Orange County Court, CALIFORNIA, U.S.A., and you consent to personal jurisdiction and venue of those courts. If any part of this Agreement is found void and unenforceable the balance of the Agreement will remain valid and enforceable according to its terms.
This Agreement represents the entire agreement between you and BLACK SKY SYMMETRY, INC. in connection with its subject matter. This Agreement supersedes any other "3D models (3D kitbash parts) User License Agreement" which may be included with 3d models (3d kitbash parts) or previously displayed on this web site, and/or any prior agreements between you and BLACK SKY SYMMETRY, INC. in connection with its subject matter. This Agreement may only be modified by BLACK SKY SYMMETRY, INC. in a writing that expressly states that such writing is intended to modify this Agreement.