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Last updated March 2, 2022.


Terms of Use

By accessing our internet web site, you agree to be bound by these terms. Please read these terms of use carefully. If you do not agree, you may not access or use our internet website.

Intellectual Property Notice

Side Effects Software either owns the intellectual property rights in the underlying HTML, text, audio clips, video clips, and other content that is made available to you on our internet web site, or has obtained permission to use the content on our internet web site from the owner of the intellectual property in such content or the owner's authorized representative.

Limited License

Side Effects Software grants to you a limited license to display on your computer, print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on our internet web site, for non-commercial, personal or educational purposes only, provided that:

  1. You do not modify any such content, and
  2. You include with and display on each copy of such content the associated copyright notice and this limited license. No other use is permitted.

Without limiting the generality of the forgoing, you may not:

  1. Make any commercial use of such content;
  2. Include such content in or with any product that you create or distribute; or
  3. Copy such content onto your or any other person's World Wide Web page.

Notwithstanding the above, nothing contained in this license shall be construed as conferring any right under any intellectual property of Side Effects Software or any other person who owns the intellectual property in the content provided on our internet web site.

No Warranties

Side Effects Software does not warrant the quality, accuracy or completeness of any information on our internet web site. Such information is provided "as is" without warranty or condition of any kind. This internet web site may include inaccuracies or typographical errors.

No Endorsement

No endorsement of any third-party products or services is expressed or implied by any information, material, or content referred to, or included on, or linked from or to this internet web site.

Software Products

In the event that you download software products ("Software") from our internet web site, Side Effects Software grants you a personal, non-transferable and non-assignable license pursuant to the terms of the accompanying Software License Agreement. Title to the Software is not being transferred to you and you may not copy, modify, sell, distribute, decompile, disassemble or reverse-engineer the Software.

Communications/Submissions From/By You To Our Internet Web Site

All communications to our internet web site and any information, files, comments or submissions of any kind that you provide through our internet web site or post to our internet web site for viewing, access or download by others ("Submissions") will be considered non-proprietary and non-confidential. Subject only to the Privacy Policy, Side Effects Software shall have no obligations of any kind to you respecting your Submissions and will be free to use them on an unrestricted basis for any purpose(s). You expressly warrant that you have all necessary intellectual property rights to your Submissions. Side Effects Software reserves the right to edit or delete Submissions at its sole discretion, without notice and without liability.

Applicable Laws

By accessing our internet web site you agree that the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with Your access and use of our internet web site.

If any provision of the Terms and Conditions of Use is found to be unlawful, void or unenforceable, then such provision is deemed severed and will not affect the validity or enforceability of any of the remaining provisions.

License Regarding Your Content

Your Content may be shared with third parties, for example, on social media sites to promote your content on the Site. Accordingly, you hereby grant royalty-free, perpetual, world-wide, licenses (the “Licenses”) to SideFX and our service providers to copy, reformat and distribute Your Content in connection with providing the Services; and to SideFX and our service providers, members, users and licensees to use, communicate, share, and display Your Content (in whole or in part) subject to our policies, as those policies are amended from time-to-time.

Moral Rights

SideFX and our service providers, members, users and licensees may use, copy, display and transmit your user name in connection with any or all of Your Content if SideFX or the service providers, members, users or licensees wish to do so.

Representations Regarding Your Content.

You represent and warrant to SideFX that:

(a) you own Your Content;

(b) you have the right to grant the Licenses; and

(c) the use, communication, sharing, display, copying, reformatting and distribution of Your Content as permitted by the Licenses will not infringe or violate the rights of any third party.

Content Disclaimer

SideFX does not endorse any of the content on the Site. SideFX will not be responsible or liable for content that is generated by the Site users.

Monitoring and Disclosure

You agree not to submit post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented or any other material that may violate any applicable laws. Doing so may lead to you being immediately and permanently banned (and your service provider being informed). The IP address of all posts is recorded to aid in enforcing these conditions.

SideFX cannot monitor everything on the Site and does not normally monitor your use of the Services; however, SideFX and our representatives may do so. We reserve the right to delete, edit or reclassify content that we determine, in our sole discretion, is objectionable for any reason. We will not have any liability for any failure to remove, or delay in removing, any content. We may disclose any information that is necessary to satisfy any law, regulation or lawful request or as necessary to operate the Services or to protect the rights or property of itself or others that are directly related to providing the Services. If you notice any inappropriate Content on the Site, please contact us.

Other Rules Regarding Your Content

You are responsible for keeping back-up copies of all of Your Content; SideFX will not be liable for any loss or damage to any of Your Content. SideFX may impose limits on the quantity and size of Your Content stored on our servers, and the duration Your Content is stored on our servers.

Content Library

Side Effects Software offers downloadable data for use with its Software ("Content") via the Content Library section of its website (http://www.sidefx.com/contentlibrary/) for game developers, artists, graphic designers, other professions, hobbyists, and students.

This document is a license agreement ("Agreement") by Side Effects Software between the user ("You") and Side Effects Software. Use of the Content is conditional upon your agreement to the terms and conditions set out below. If you do not agree to these terms then you must not accept the terms hereof, download, access, or otherwise use the Content.

Side Effects Software may revise and update this Agreement at any time and without notice. Your continued use of the website after any such changes are posted will constitute your acceptance of these changes.

INTELLECTUAL PROPERTY

All materials including the organization and presentation of these materials on the Side Effects Software website are the property of Side Effects Software or its Contributors and are protected by intellectual property laws.

LICENSE

All Content remains in ownership of Side Effects Software or its Contributors and the Content is licensed to you, not sold.  No payment or royalties are required to use the Content. The use of the Content is non-exclusive, perpetual, royalty free, and worldwide for the uses outlined in this Agreement.  You have the right to modify, adapt, and create derivative works of the Content for your own use or the use of your corporate entity and its affiliates.  You may not re-distribute, sell, publish, or otherwise make the Content or substantially similar adaptations available to any third party.

RESTRICTIONS FOR TEXTURES

Photographs of materials ("Textures") are a specific type of Content and have additional restrictions on their use. Use of the Textures is only allowed under the following conditions:

  1. Private or commercial use
  2. Use in 2D or 3D computer graphics, movies and printed media
  3. Incorporation in computer games, 3D models
  4. Selling 3D models or digital assets bundled with modified versions of the textures, when the texture is customized for the 3D model

With respect to Textures, you are not permitted to:

  1. Sell or distribute any of the Textures in an unmodified form, or where the derived product you are selling or distributing is a Texture or a collection of Textures. For clarity you are not permitted to sell or distribute any of these Textures (modified or not) by itself or in a texture pack, material, clipart, website theme or scrapbooking pack.
  2. Bundle the Textures or portions of them with software such as paint programs, plugins, 3D programs, or photo-kiosk software.
  3. Resell or redistribute the Textures or portions of them at 'print on demand' services (mugs, t-shirts, mouse mats, etc).
  4. Use the Textures in graphic design themes or templates sold to multiple customers on digital marketplaces (this includes templates of websites and business cards and e-cards).
  5. Sell or redistribute skins for laptops, phones, or other devices created with the Textures.
  6. Stockpile the Textures or portions of them with the goal of making a local texture library.
  7. Use a special program (spider, leecher) or script to automatically download all Textures on the Side Effects Software website. Users who try to mass download may be banned from the website automatically.
  8. Place excessive loads on the Side Effects Software website or any system resources or networks connected to this website by downloading the Textures in excess.
  9. Release the Textures or derivative products under Open Source Licenses.

When selling or redistributing a 3D model bundled with Textures that are listed on Side Effects Software's website as having been created by Side Effects Software, please add the following text in the documentation accompanying the model:

"One or more textures on this 3D model have been created with images from www.sidefx.com. These images may not be redistributed by default, please visit www.sidefx.com for more information."