DeepAR Asset Store End User License Agreement

Last updated: May 28, 2020

1. Parties and The Subject Matter to the Agreement

1.1

This DeepAR Asset Store End User License Agreement (“EULA”) is a non-exclusive, legally binding end user license agreement between any individual or a single entity (“END-USER”) that acquires a license to an Asset from the DeepAR Asset Store (“STORE”) and I Love IceCream Ltd., 9 Percy St, W1T 1DJ, United Kingdom (“Licensor” or "DeepAR").

1.2

By downloading, copying, accessing or otherwise using the Assets, END-USER agrees to be bound by the provisions of this EULA. All definitions of the Terms shall also apply in this EULA unless the context clearly provides for a different understanding.

1.3

The subject matter of this EULA is the licensing to END-USER of any Assets from Licensor via the DeepAR Asset Store. The Assets are licensed, not sold.

2. END-USER's Rights and Obligations

2.1

END-USER may use the licensed Assets only for their intended purpose.

2.2

By downloading any Asset from STORE END-USER agrees to the Terms of Use (https://store.deepar.ai/terms), Privacy Policy (https://store.deepar.ai/privacy) and Customer Agreement (https://developer.deepar.ai/customerAgreement)

2.3

The EULA grants END-USER an ongoing, non-exclusive, worldwide license to make use of the digital work (Asset) you have selected.

2.4

END-USER can use the licensed Asset only within one Project the END-USER has created within the DeepAR Developer Portal (https://developer.deepar.ai). Each Project assumes one iOS, and/or one Android and/or one HTML5 application (Project Apps). For example: if END-USER has two projects they need two licenses to use the same Asset in both Projects.

2.5

END-USER can create derivative works of the Asset using its source files. All derivative works containing source file(s) of the licensed Asset are considered as the same Asset and must be used in accordance with the terms of this EULA.

2.6

END-USER cannot resell, redistribute or sublicense the Asset, any part of the Asset or any derivative works of the Asset to third parties.

2.7

END-USER agrees that no derivative work or use of Assets shall (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to liability of any kind; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) promote violence or actions that are threatening to any other person; or (g) promote illegal or harmful activities or substances.

2.8

END-USER must not permit any users of the Project Apps to export the Asset in any way and use it separately from the app.

2.9

END-USER shall pay for the license to the Assets in accordance with the payment process provided in the Store. END USER shall provide all required billing and tax information such as name, billing address, credit card information. END USER agrees to pay for all purchases hereby authorizes the collection of such amounts including applicable taxes by charging the credit card provided, either directly by DeepAR or indirectly, via a third party online payment processor. If you are directed to a third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s Privacy Policy. Please review such third party’s terms and conditions and privacy policy before using the services.

2.10

Some components of Assets may also be governed by applicable open source software licenses. In the event of a conflict between the applicable EULA and any such open source licenses, the open source software licenses shall prevail with respect to those components not the Asset in the whole.

3. Licensor’s Rights and Obligations

3.1

Licensor shall render support services to END-USER only in the event a special agreement to this effect has been entered into.

3.2

Licensor may at its own discretion from time to time provide upgrades of the Assets to END-USER without requesting further payment. END-USER may use the upgraded Assets only in accordance with the terms of this EULA. Licensor is not obligated to provide older versions of the Assets for download after they have been upgraded.

3.3

Licensor may add or make changes to the terms of this EULA from time to time. When these changes are made, Licensor will make a new copy of the EULA available at the DeepAR Asset Store EULA link (https://store.deepar.ai/eula).

4. Termination

4.1

Without prejudice to any other rights, Licensor may terminate this EULA if END-USER fails to comply with the terms and conditions of this EULA and the Terms.

4.2

END-USER may terminate END-USER’s license at any time.

4.3

In the event of termination of this EULA, all license rights granted herein terminate and END-USER shall immediately destroy any and all copies of the Assets contained on any type of media under the control of END-USER and confirm such destruction in writing to Licensor.

Terms, Privacy and Customer Agreement

Customer Agreement (https://developer.deepar.ai/customerAgreement)