1. Agreement and definitions
This Free Asset Usage Licence (the Free Licence) is a legal agreement between PolySets (PolySets, we, us, or our) and the individual or organization that downloads or uses a free Asset (you or your).
You accept this Free Licence when you download, copy, or use a free Asset. If you act for an organization, you represent that you have authority to bind it. If you do not agree, do not download or use the Asset.
Asset means a digital asset pack or related file made available by PolySets without a purchase price and identified as free on polysets.com.
Final Product means a completed game, application, film, video, visualization, interactive experience, printed work, or other creative production that incorporates an Asset as one component of a larger work. It does not include the Asset, a modified Asset, Source Files, an asset library, template, or similar item distributed for reuse.
Source Files means the original or modified Asset files in a form from which the Asset can be edited, extracted, reused, or redistributed.
2. Free licence grant
Subject to your compliance with this Free Licence, PolySets grants you a perpetual, worldwide, non-exclusive, non-transferable, royalty-free, limited licence to:
- use and modify the Asset to create an unlimited number of commercial or non-commercial Final Products under your direct control;
- reproduce and distribute the Asset only as incorporated into a Final Product where it is not offered as a standalone item and is not reasonably extractable for reuse;
- use the Asset in promotional materials for your Final Products; and
- allow your employees and contractors to access the Asset solely to work on your Final Products under your control.
No attribution is required unless the Asset’s download page expressly states otherwise. You own your original contributions to a Final Product. PolySets retains ownership of the Asset and all PolySets intellectual property embodied in it, including modified versions.
3. Source Files and team access
You must protect Source Files against unauthorized access. Employees and contractors may access them only as needed for your Final Products, must be bound by confidentiality and use restrictions at least as protective as this Free Licence, and must delete their copies when their work ends.
You must not place Source Files in a public repository, public download, shared asset library, or other location accessible to third parties. You may use private storage, version-control, backup, or build services only where the provider acts on your behalf and is not permitted to train on, sell, redistribute, or otherwise reuse the Asset.
4. Prohibited uses
You must not:
- sell, resell, sublicense, rent, lend, give away, publish, share, or redistribute the Asset or Source Files as standalone items, even for free;
- distribute a modified Asset or derivative Asset except as incorporated into a Final Product;
- create a competing asset pack, stock asset, stock image, clip-art collection, template, starter kit, kitbash library, model library, or other reusable content product from the Asset;
- distribute a Final Product in a form that lets an end user extract, edit, export, or reuse the Asset outside that Final Product;
- use the Asset in an on-demand, made-to-order, build-it-yourself, character-creation, world-building, game-creation, or similar tool where users can obtain reusable content containing the Asset;
- sell or distribute standalone 2D renders of a 3D Asset as stock images, icons, sprites, clip art, or other reusable media;
- use the Asset to train, test, benchmark, fine-tune, develop, or provide input to a generative-AI or machine-learning system;
- upload the Asset to a service that may train on, commercialize, redistribute, or reuse submitted content;
- create or distribute an NFT or blockchain token that contains, represents, grants access to, or is derived primarily from the Asset;
- remove rights-management information, claim you created or own the Asset, or imply PolySets endorses or is affiliated with you; or
- use the Asset unlawfully, in violation of third-party rights, or outside the rights expressly granted here.
Written permission from PolySets is required for any use outside this Free Licence.
5. No support or warranties
Free Assets are provided “as is” and “as available.” PolySets does not promise updates, support, continued availability, compatibility, error-free operation, merchantability, fitness for a particular purpose, title, or non-infringement, except to the extent a warranty or right cannot lawfully be excluded.
You are responsible for confirming that the Asset and disclosed file formats suit your project and environment.
6. Indemnity and limitation of liability
To the maximum extent permitted by law, you will defend, indemnify, and hold harmless PolySets and its owners, officers, employees, contractors, and agents from third-party claims, damages, liabilities, costs, and reasonable legal fees arising from your breach of this Free Licence, your Final Product, your use or distribution of the Asset, or your violation of law or third-party rights.
This indemnity does not apply to the extent a claim results from PolySets’ fraud, wilful misconduct, or other liability that cannot lawfully be excluded. Consumer obligations apply only to the extent permitted by applicable consumer-protection law.
To the maximum extent permitted by law, PolySets is not liable for indirect, incidental, special, punitive, exemplary, or consequential loss, or for lost profits, revenue, business, goodwill, opportunities, or data. If liability cannot be excluded, PolySets’ total aggregate liability concerning a free Asset will not exceed CAD $10.
Nothing in this Free Licence excludes or limits a consumer right, remedy, or liability that cannot lawfully be excluded or limited.
7. Termination
This Free Licence is perpetual unless terminated. You may terminate it by deleting the Source Files, ending use of the Asset, and stopping new distribution of Final Products containing it.
PolySets may terminate this Free Licence immediately if you breach it. After termination, you must stop using the Asset, stop new distribution of Final Products containing it, and delete all Source Files and backup copies. End users who lawfully received a compiled Final Product before termination may continue using that copy if they cannot extract or reuse the Asset.
Ownership, restrictions, termination effects, indemnity, liability, governing law, and general provisions survive termination.
8. Ontario law, consumers, and electronic acceptance
This Free Licence is governed by the laws of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws principles.
If you are a consumer, nothing in this Free Licence waives a right or remedy that cannot be waived under the Consumer Protection Act, 2002 (Ontario) or other applicable consumer-protection legislation, including successor legislation.
Electronic acceptance and communications may be used to form and administer this Free Licence as permitted by the Electronic Commerce Act, 2000 (Ontario) and other applicable law.
Before starting a proceeding, the parties will make reasonable good-faith efforts to resolve the dispute by written notice and discussion for at least thirty days, unless urgent relief is reasonably required. Subject to non-waivable consumer rights and jurisdiction rules, the courts located in Ontario have exclusive jurisdiction. PolySets may seek urgent injunctive relief in any court with jurisdiction to stop infringement, unauthorized distribution, or misuse of its intellectual property.
9. Other legal information
This Free Licence is the entire agreement concerning free Assets. PolySets may update it prospectively, but a revision does not reduce rights already granted for an Asset you previously downloaded unless you expressly agree or applicable law requires otherwise.
You may not assign or transfer this Free Licence. A failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remainder will continue in effect.
Questions and permission requests may be sent to support@polysets.com.