Website Terms and Conditions of Use
By accessing this Website, accessible from https://offaxisstudios.com, you are agreeing to be bound by these Website Terms and Conditions of Use and agree that you are responsible for the agreement with any applicable local laws. If you disagree with any of these terms, you are prohibited from accessing this site. The materials contained in this Website are protected by copyright and trade mark law.
2. Use License
Permission is granted to temporarily download one copy of the materials on Off Axis Studios's Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose or for any public display;
- attempt to reverse engineer any software contained on Off Axis Studios's Website;
- remove any copyright or other proprietary notations from the materials; or
- transferring the materials to another person or "mirror" the materials on any other server.
This will let Off Axis Studios to terminate upon violations of any of these restrictions. Upon termination, your viewing right will also be terminated and you should destroy any downloaded materials in your possession whether it is printed or electronic format.
All the materials on Off Axis Studios’s Website are provided "as is". Off Axis Studios makes no warranties, may it be expressed or implied, therefore negates all other warranties. Furthermore, Off Axis Studios does not make any representations concerning the accuracy or reliability of the use of the materials on its Website or otherwise relating to such materials or any sites linked to this Website.
Off Axis Studios or its suppliers will not be hold accountable for any damages that will arise with the use or inability to use the materials on Off Axis Studios’s Website, even if Off Axis Studios or an authorize representative of this Website has been notified, orally or written, of the possibility of such damage. Some jurisdiction does not allow limitations on implied warranties or limitations of liability for incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Off Axis Studios’s Website may include technical, typographical, or photographic errors. Off Axis Studios will not promise that any of the materials in this Website are accurate, complete, or current. Off Axis Studios may change the materials contained on its Website at any time without notice. Off Axis Studios does not make any commitment to update the materials.
Off Axis Studios has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by Off Axis Studios of the site. The use of any linked website is at the user’s own risk.
8. Your Privacy
9. Governing Law
Any claim related to Off Axis Studios's Website shall be governed by the laws of au without regards to its conflict of law provisions.
As at 1st January 2022
End User Licence Agreement
This End User Licence Agreement (or EULA) is a legal agreement between you and Off Axis Studios, governing your rights and obligations in relation to our Assets. By purchasing or downloading our Assets from a Store, you accept the terms of this EULA. In this EULA, certain words and phrases have the meanings given below.
Asset means a digital asset that we offer for purchase through a Store, or free to download on our website.
Product means any videogame (which will always be covered by your licence), or any other product or production that we agree with you in writing as being covered by your licence.
Store means the Unity Asset Store, Unreal Marketplace, Itch.io, Off Axis Store, or any other store where we offer Assets for purchase or download.
Your Team means all employees, contractors and other collaborators working in a technical or creative role on any one or more Products that incorporate the licensed Assets, excluding anyone working solely as a producer or project manager, or solely on music or audio.
We/Us/Our means Off Axis Studios.
You means the individual or organisation who purchases or downloads Assets through a Store or our website.
1. Your licence entitlements
When you purchase an Asset from a Store, you are purchasing a licence to the Asset. We retain all intellectual property in the Asset, but the licence gives you the entitlements outlined below, with certain restrictions that depend on the type of licence purchased. Unless stated otherwise in the documentation that comes with your purchase or overwritten by a specific Store licence clause, your licence is a Standard Licence, with the restrictions outlined below.
Subject to the restrictions below, once you have paid the purchase price specified in the Store or agreed with Us in writing, your licence entitles you:
- to incorporate the Asset into Products produced under your direct control, and into promotional materials (graphics, videos or print media) for those Products
- to publish, distribute, transmit, broadcast, communicate, show and play the Asset as incorporated into those Products and promotional materials
- to adapt the Asset for the purpose of doing any of the above, and to do any of the above with the Asset as so adapted, and
- to authorise third parties to do any of the above, but only in relation to Products produced under your direct control, and promotional materials for those Products.
Modifying an Asset does not mean you own that Asset, or that you can do anything with that Asset beyond what is specifically allowed in this EULA.
You and Your Team will be prohibited from using the asset licence for the following products:
- Creation of Non-Fungible-Tokens (NFT) and/or use in Blockchain based projects or products.
- Creation of content for Metaverse-related and/or game creation software and products.
2. Standard/Educational Licence
Features and restrictions –
If you purchase a Standard Licence:
- Your licence is perpetual, and cannot be terminated except as stated in this EULA.
- Unless stated otherwise in the documentation that comes with your purchase, each single licence purchase you make includes five seats for Your Team. You must purchase enough licences to give you at least as many seats as there are people in your Team, taking the highest count at the time of purchase or any time afterwards. If your Team grows to exceed the number of seats already paid for, you must immediately purchase additional licences to make up the difference. We will make each extra licence available at the same list price as applied when you paid for the original licence (ignoring any special, discount or other promotional price), or a lower price if we agree this in writing with you. If you need licences for more than five seats, get in touch here to see if we can offer a discounted rate.
3. Other features
- The licence is non-exclusive.
- Provided you pay the required purchase price, the licence is royalty-free.
- The licence is worldwide, and is not limited by game engine, OS, platform or device. You can transfer the licence to another entity that acquires all or substantially all of the rights in the Product(s) that incorporate the relevant Assets. To give effect to the transfer, you’ll need to notify Us in writing, and the transferee will need to give Us a signed, written undertaking accepting the terms of this EULA. So long as you meet these requirements, you don’t need our permission to sell the rights in your game.
- The licence cannot be terminated except as stated in this EULA.
Support We do currently provide after-sales support for our Assets, but we do not guarantee that this will continue, and may withdraw it at any time. The level, timing and amount of support provided is entirely up to Us. If you are an educational institution, you must ensure all support requests are channeled through instructors rather than students.
Source files You must not share the source files of any Assets outside your team. To be clear, you can allow your contractors to access the source files while they are working for you, but you must ensure they delete all their copies when they finish their engagement.
Audits You must provide Us with access to your records relating to the number of individuals in your Team and your use of any Assets, as reasonably requested by Us from time to time for the purpose of auditing your compliance with this EULA. We will give at least 5 days’ notice of any request, and will not make more than one request in any six month period. We will keep confidential any information we acquire through these audits, and will use it only as necessary to enforce our rights in connection with this EULA.
Chargebacks If your payment for a licence is subject to a credit card chargeback, meaning we’re forced to refund all or part of what we’ve received for the purchase, your licence will automatically be canceled unless you pay Us the difference within 10 days.
Termination If you commit a non-trivial breach of this EULA, and have not remedied the breach within 30 days of Us requesting a remedy in writing, we may give notice to you terminating any one or more licences that we have granted you in relation to any Asset.
Other restrictions You must not represent to anyone that you own or have created the Assets. You must not claim to be affiliated or in collaboration with Us. You must not use or share our Assets except as expressly permitted by this EULA. In particular, you must not distribute our Assets as stock images or stock art (2D or 3D) or otherwise share them for re-use by third parties. Except as expressly permitted by this EULA, you must not use our name, logo or other media in connection with any product, service or production.
You must indemnify Us To the maximum extent permitted by law, you agree to indemnify Us, our employees and agents against any third party claims or proceedings based on or arising out of your use of or other dealings with the Assets or your violation of this EULA. This includes indemnifying against all losses, costs and expenses (including legal fees) arising from those claims or proceedings.
Governing law and courts This EULA is governed by the laws of Australia. We may enforce our intellectual property rights and the terms of this EULA in any court that has jurisdiction over you. You agree that any claim or proceedings against Us can only be brought in the courts of Australia.
Our warranties and liabilities are limited
To the maximum extent permitted by law, the Assets are provided “as is” without warranty of any kind. We disclaim all representations, promises, or warranties, whether express, implied, statutory, or otherwise, with respect to the Assets, including their condition, availability, or the existence of any latent defects, and we specifically disclaim all implied warranties of merchantability, title, non-infringement, suitability, and fitness for any purpose. We do not warrant that the Assets will be error-free or that they will be able to be used without interruption.
In no event will our liability to you arising out of or in connection with any Assets exceed the price paid by you for your licence(s) to those Assets.
To the maximum extent permitted by law, you agree that we are not liable to you for any indirect, special or consequential loss or damage caused or contributed to by Us or the Assets, regardless of whether your claim is based on contract, tort (including negligence), equity or any other legal theory.
Australian consumer laws
If the Australian Consumer Law (or ACL) applies to our supply of the Assets to you, then the provisions under the “Warranties and liabilities” heading do not exclude, restrict or modify the application of any guarantee, right or remedy under the ACL that cannot be so excluded, restricted or modified.
Changes to this EULA
We can change this EULA at any time, by making a new version available through the relevant Store. However, our changes will not affect your rights under any licences that you have already purchased.