License Builder Terms (For Open Beta Testing)
|1.1||Section 1 of these License Builder Terms supplements the terms and conditions of the Yuify Platform Terms https://www.yuify.com/terms-of-use; In case of any conflict or inconsistency between these License Builder Terms and the Yuify Platform Terms, these License Builder Terms will govern and control with respect to the License Builder. By using the License Builder or by clicking to accept or agree to these License Builder Terms when this option is made available to you, you accept and agree to be bound by these License Builder Terms. If you do not agree to these License Builder Terms, do not use the License Builder. You acknowledge and agree that in using the License Builder functionality, you remain subject to and bound by the Yuify Platform Terms. All capitalized terms used in these License Builder Terms shall have the same meaning as given to them under the Yuify Platform Terms.|
Users may present license conditions (which shall be finalized between the Licensor and the Licensee) regarding a registered Resource via the License Builder provided on the Yuify Platform (the "License Conditions").
Each registered user of the Yuify Platform may make the License Conditions as a Licensor or accept the License Conditions as the Licensee. The Licensor and the Licensee may, however, agree to license a Resource pursuant to separate terms and conditions without using the Licensor Functions. You acknowledge and agree that the License Conditions are made by the Licensor and not by Wacom.
Any license terms or conditions proposed or included in any License Conditions (or in any resulting License) are standardized or sample terms intended for general use; they are not intended to, and will not fit, every user's needs, interests or situation. You acknowledge and agree that the assistance of the License Builder and the use of the License Builder either as a licensor or a licensee are informational in nature and the License Builder is not intended to and shall not be used as legal advice. No attorney-client relationship is formed between you and Wacom as a result of Wacom’s provision of, or your use of, the License Builder. Wacom expressly disclaims responsibility for any consequence of the use or misuse of the License Builder. Your use of the License Builder is at your own risk, and you further acknowledge and agree that you should not and will not act on the basis of any information included in the License Builder without first seeking legal advice from counsel in your jurisdiction of residence. Wacom does not become a party of the License or does not act as an agent for one of the contractual parties of the License. Furthermore, we do not verify – and do not accept any liability for – whether (i) the Licensee or the Licensor under the License acts in good faith or (ii) the information provided by a licensee or a licensor under the License Builder is accurate and up to date.
Any dispute between the Licensor and the Licensee in connection with the License is solely between the Licensor and the Licensee and does not involve or implicate Wacom. In providing the License Builder, Wacom will have no obligations to enforce any License or crack down the Licensor’s or the Licensee’s compliance with the terms and conditions of the License.
|1.3||The below is a brief explanatory information of license models which users may choose. Again, you acknowledge and agree that the explanation is informational in nature and it is not intended to and shall not be used as legal advice. You further acknowledge and agree that the explanation is general information and Wacom does not warrant accuracy in your jurisdiction. It is recommended that you should not and will not act or refrain from acting on the basis of any information included in the License Builder without first seeking legal advice from counsel in your jurisdiction of residence.|
The Licensor Functions allows users to choose from the following options:
The License Conditions can be non-exclusive or exclusive:
The License Conditions can be for a non-commercial license or a commercial license:
The License Conditions can be a usage license or a development license:
Under these License Builder Terms, the “Rights to Use” the Resource means the rights to make copies of the Resource and to communicate, commercialize or exploit the Resource to the public in any known form, in accordance with the terms of the License Conditions, but does not include the right to transfer or sublicense the rights granted pursuant to the License to third parties.
Under these License Builder Terms, the “Adaption Rights” means the right to make adaptions or transformations of the Resource ("Adaptions"), and where stated, includes the Rights to Use the Adaptions made, but does not include the right to transfer or sublicense the rights granted pursuant to the License to third parties.
The License Conditions can require that the Licensor be named as the author or creator of the Resource. Where such attribution is required, such attribution must be made in accordance with applicable industry standards using the attribution name, chosen by the Licensor. The Licensor Conditions can also allow the Licensee to use the Resource without having to name the Licensor as the author or creator.
Notwithstanding anything to the contrary herein, in the event that a Resource, at the time it is delivered to the Licensee, displays any copyright notice or other proprietary rights notification, the Licensee shall not alter or conceal such copyright notice or proprietary rights notification without the Licensor’s prior written consent.
The Licensor Functions can be used to specify the following usage restrictions in the License Conditions:
The territory of the License is stipulated in the License Conditions and can be Worldwide or limited to Japan, Europe, North America and/or Asia Pacific.
“Worldwide” means the following territories: Europe, North America and Asia Pacific as defined below.
“Asia Pacific” means the following countries or territories: American Samoa, Australia, Brunei, Cambodia, China (including special administrative regions of Hong Kong and Macau), Cook Islands, Federated States of Micronesia, Fiji, French Polynesia, Indonesia, Japan, Kiribati, Laos, Malaysia, Marshall Islands, Myanmar, Nauru, New Caledonia, New Zealand, Niue, Northern Mariana Islands, Palau, Papua New Guinea, Philippines, Samoa, Singapore, Solomon Islands, South Korea, Taiwan, Thailand, Timor-Leste, Tokelau, Tonga, Tuvalu, Vanuatu, Vietnam, Wallis and Futuna.
“Europe” means the following countries or territories: Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Kazakhstan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Monaco, Montenegro, Netherlands, North Macedonia, Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom, Vatican City.
“North America” means the following countries or jurisdictions: Antigua and Barbuda, Bahamas, Barbados, Belize, Canada, Costa Rica, Cuba, Dominica, Dominican Republic, El Salvador, Grenada, Guatemala, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Trinidad and Tobago, United States of America.
Media format restrictions can include the following:
Context related restriction can include the following:
Usage Time(s) restrictions can limit the number of Projects (as defined in Sec. 2.3.1 of the Yuify Platform Terms), media or products and services the Resource can be used for.
|2.6||License Fee Terms|
|2.6.1||The License Conditions may specify that the License is being granted either free of charge ("Royalty Free”) or for financial remuneration. Such financial remuneration is a fixed sum ("Fixed License Fee”).|
|2.6.2||The License Conditions provides that payment for any Fixed License Fee shall be due within ten (10) business days of the execution of the resulting License, but not prior to the issuance of a correct invoice from the Licensor.|
|2.6.3||Any payment obligations and invoices shall be directly between the Licensee and the Licensor, and shall not involve or implicate Wacom. Any payments made to Wacom in connection with the License will be refused by Wacom.|
The term of any License can be perpetual (i.e., unlimited in time) or limited to a particular period of time (e.g., one (1) year or three (3) years starting from the effective date of the License Agreement) as set forth in the License Conditions.
Conclusion of License Agreement
The procedure for conclusion of the License Agreement shall be as follows:
You acknowledge and agree that all paid License Agreements provide for a mandatory right to withdraw within 14 days of the Licensee, regardless whether the Licensee acts as a trader or consumer.
Choice of Law and Jurisdiction
The Licensor Functions allows users to choose a governing law for any resulting License and the venue for disputes.
The License Conditions provide that any disputes between the Licensor and the Licensee in relation to the License shall be settled between the Licensor and the Licensee. Wacom shall neither be party to such disputes nor judge on nor mediate such disputes.