Studio Licence

We, Pablander Industries Pty Ltd, as Licensor, are providing you with resources, tools and our services on the following Licence Terms: 

Definitions

In this Licence, “you”, “your” or “Licensee” means the purchasing legal entity (company, studio or organisation) identified on the order, including its employees and contractors acting on its behalf.

“Authorised Users” means up to fifteen (15) employees or contractors of the Licensee who may access and use the Resources.

1. Grant of Licence

1.1     Upon purchase, we grant the Licensee a non-exclusive, non-transferable internal-use licence to the Resources for use by its Authorised Users.

1.2 You are not permitted to:

1. copy or reproduce the Resources except as reasonably necessary for permitted use under this Licence by the Licensee or its Authorised Users;
2. sell, resell, rent, lease, loan, supply, distribute, redistribute, publish, re-publish, make available, or otherwise provide access to the Resources or any part of the Resources to any third party outside the Authorised Users;

1.3 You may make reasonable copies of the Resources solely for installation, internal distribution to the Authorised Users, backup, and archival purposes, provided all copies remain under the control of the Licensee and are not accessible to anyone other than the Authorised Users.

1.4 You are permitted to:

1. use the Resources to create your own derivative works;
2. re-use the Resources multiple times without royalties; and
3. commercially distribute derivative works incorporating the Resources provided the Resources cannot be extracted or reused as separate files or assets by end users.

1.5     Each party owns and will continue to own all Intellectual Property that was proprietary to them prior to using the Resources. You are free to use and own the intellectual property in whatever you create using our Resources but at no time own or have the right to sell or share any of our Resources without our express written permission. All Intellectual Property Rights in the Resources are and will remain, as between the parties, the property of Pablander Industries Pty Ltd as Licensor. In the event of any dispute of Intellectual Property Rights, the Licensor retains and has full rights solely for any investigation, defense, settlement and discharge of any such claim by any third party. 

1.6 You may allow your Authorised Users to use the Resources internally. The Resources must not be shared outside your organisation or accessed by individuals beyond the Authorised Users. Individuals must delete the Resources once they are no longer working for you unless they obtain their own licence.

1.7 The Resources must not be used for the purpose of training, developing, or improving artificial intelligence systems, machine learning models, or generative neural networks.

1.8 The Resources may not be redistributed, sublicensed, sold, provided to clients as standalone files, or uploaded to public asset libraries, datasets, or marketplaces. The Resources must not be included in any product in a manner that allows end users to extract or reuse the Resources as assets.

2. Warranties

2.1 The Licensor warrants:

(a)  that the use of the Resources by you in accordance with the terms of this Licence does not knowingly infringe the Intellectual Property Rights of any third party; and

(b) we will at all times abide by the Australian Consumer law requirements in relation to the Resources including but not limited to the re-supply or refund of any goods or services in accordance with Schedule 2 of the Competition and Consumer Act 2010 (Cth).

2.2 The Licensor does not warrant:

(a) that the Resources provided will operate uninterrupted or be error-free. There may be periods where, for technical or operational reasons the Resources may be inaccessible or that we may have to cancel the service as a result of the technical or operational issues; and

(b) that the Resources will be free from loss, viruses, corruption, hacking, security breaches or other such events which may constitute a Force Majeure Event for which we disclaim any liability for any such issue or event. You are solely responsible for backing up your systems, information and software. 

3. Limitation of Liability

The Licensor will not be liable to you or any third party, to the extent permitted by law, in tort (including negligence), contract, equity, under statute or otherwise for any business or personal losses, such as loss of or damage to profits, data, income, revenue, pure economic loss, use, production, anticipated savings, business, contracts, commercial opportunities, goodwill, Force Majeure Event, death or personal injury.

We will not be liable to you in respect of any special, indirect, or consequential loss or damage including but not limited to any loss or corruption of any data, database or software.

In any case, our aggregate liability to you will not exceed the purchase price of the Resources.

4. Termination

This Licence is effective upon purchase and continues unless terminated. If you breach any term of this Licence, your rights to use the Resources terminate immediately and you must cease all use of the Resources and delete all copies in your possession or control. Termination does not affect any rights or remedies the Licensor may have under applicable law.