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Terms and Conditions

Welcome to boem.store, a website and e-shop (the “Boem STORE” and “e-shop”) of Aleš Boem, reg. No.: 03578372, with his registered office at Oradourská 144, Postal Code 273 54, Lidice. This page explains the terms by which you as a buyer may use our website and enter into a licence agreement with us. By concluding of a License Agreement under the License Terms available at Boem STORE (the “License Agreement” and the “License Terms”), creating an account or otherwise accessing or using services at Boem STORE, you (a) agree that you have read, understood, and agree to be bound by these Terms and Conditions (the “Terms”), including the License Terms, which constitute a binding agreement with us, and (b) also that you have read and acknowledge the collection and use of your information as set forth in our privacy policy (the “Privacy Policy”), whether or not you are a registered user or a visitor. These Terms apply to all visitors and buyers who access Boem STORE (“Buyer(s),” or “you,”).

 

  1. OUR SERVICE

    1. Boem STORE provides an e-shop where Buyers can buy digital content – license for use of 3D models of various items (“Licensed Assets”) under the License Terms. Boem STORE allows for a Buyer to purchase limited License (in accordance with the License Terms) to use Licensed Assets offered on e-shop at boem.store. References to “buying” or “purchasing” Licensed Assets means buying or purchasing license under the Licensed Terms to those Licensed Assets.

  2. ELIGIBILITY

    1. You may use e-shop only if you can form a binding contract with Boem STORE, and only in compliance with these Terms and all applicable national, and international laws, rules and regulations. Any use or access to the e-shop by anyone under 15 is strictly prohibited and in violation of these Terms. 

  3. CONCLUSION OF THE LICENSE AGREEMENT

    1. Your use of any Licensed Assets is subject to the License Terms. We offer license for Non-Commercial use only, for a custom license, please, contact Boem  STORE. 

    2. You can enter into a License Agreement under the License Terms with Boem STORE remotely vie e-shop. The order placed by the Buyer on the website at Boem SORE shall constitute a draft license agreement with the content of the License Terms. We will confirm the receipt of the order by e-mail. The license agreement under the License Terms shall then be concluded upon Boem STORE accepts your order in the form of providing you with the online access to a Licensed Asset. 

  4. BOEM STORE ACCOUNT

    1. Your Boem STORE account gives you access to e-shop as a registered Buyer and gives you access to the services and features that we may establish, maintain and modify in our sole discretion (such as history of your orders, used payment details and methods). By connecting to Boem STORE with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service. You are responsible for tracking all activity on your own account, and you agree to the following:

      1. To store all passwords and usernames securely and never transfer your account to another person and to accept responsibility for activity that occurs under your account(s).

      2. To notify Boem STORE of any unauthorized use or security breach. Boem STORE will not be liable for any liability, damage, cost, loss or expense caused by or in connection with any unauthorized use of your account.

  5. MONITORING AND TERMINATION

    1. Boem STORE reserves the right to monitor downloads and user activity to ensure compliance with these Terms and the License Terms, which it may update from time to time. Boem STORE may, without notice, change the e-shop, its content or create usage limits. Boem STORE may permanently or temporarily terminate or suspend your access to your account without notice or liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

  6. NOTIFICATIONS AND EMAILS

    1. By providing Boem STORE your email address, you consent to Boem STORE using the email address to send you notices, including any notices required by law, in lieu of communication by postal mail. Boem STORE may also use your email address to send you other messages, such as changes of Terms and License Terms, new Licensed Asset available and special offers.

  1. METHOD OF PAYMENT

    1. You can select the method of payment from the options we offer. Prior to the download of the Licensed Asset, we will notify you of the selected method of payment and the associated costs.

    2. The currently offered methods of payment:

  1. Credit card payment (online): After selecting credit card payment you will be transferred to 3D Secure platform to fill in the data. If the transaction is authorized, the payment proceeds immediately and you can download the Licensed Asset immediately. Our staff does not operate with your card data. The process is finished through online banking.

  2. Paypal: Use your Paypal account for payment. The purchase will be registered for the adress shown in your Paypal account.

  1. OUR PROPRIETARY RIGHTS

    1. All materials at Boem STORE including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music (the "Boem STORE Content") are the exclusive property of Boem STORE. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Boem STORE Content. Use of the Boem STORE Content for any purpose not expressly permitted by these Terms or Licensed Terms is strictly prohibited. 

  2. ACCOUNT CANCELATION AND REFUND POLICY

    1. You may cancel your account at any time; however, should you cancel your account, you will not be granted a refund upon cancellation. In the event that Boem STORE suspends or terminates your account or these Terms for any reason, you understand and agree that you shall receive no refund. 

    2. Refund Policy: You agree that all refunds are at the sole discretion of Boem STORE. Boem STORE has no obligation to refund amounts paid to license of Licensed Assets, including but not limited to if Boem STORE finds that the Licensed Asset has been downloaded by the Buyer. 

      1. Because the Licensed Assets are digital and cannot be returned, your purchase is only eligible for a refund in the following situations:

        1. You purchased two licenses for the same product, accidentally. We will refund you for the duplicate purchase(s). 

        2. If you encounter a consistently reproducible error with the product files, please let us know. Note: Licensed Assets with alleged technical issues will only be eligible for a refund when sufficient information is provided regarding how the error was created.

        3. The Licensed Asset was misrepresented in the description. We consider an item to be "misrepresented" when the delivered item does not match the described function in the product description, or when an item stated to be included is not delivered. Misrepresentation does not include subjective opinions on the quality or appearance of an item. 

For example: A product would NOT be misrepresented if a Buyer believes that the item “doesn’t look good” or “isn’t high quality compared to other items purchased.”

    1. In the event Boem STORE makes an exception and issues a refund (which it is under no obligation to provide), you understand and agree that you must immediately retrieve and delete all relevant Licensed Assets from any and all places you have distributed the files to and all computers you have downloaded them to.

    2. You also understand and agree that once a refund is requested, you are not permitted to exploit the Licensed Assets in question, and immediately upon receipt of a refund, all licenses to such Licensed Assets and underlying content are revoked, and you are not authorized to use the Licensed Asset in any form or for any purpose whatsoever.

  1. PAYMENT INFORMATION AND TAXES

    1. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the purchase of the Licensed Asset must be accurate, complete, and current. You agree to pay all charges incurred by Boem STORE of your credit card, debit card, or other payment method used in connection with a purchase at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

    2. Non-European customers are not charged Czech VAT (21%). European customers are charged the Czech VAT unless they provide a valid VAT ID during the Checkout process, in which case they are charged 0% VAT. Furthermore, with proof of business registration, we can cancel the VAT on ‘services’ for any European business entity upon enquiry. However, European customers who were charged 0% VAT from us are required to declare and pay the associated value-added tax (the so-called ‘reverse charge’ procedure) in their country. Czech customers are always charged the Czech VAT.

  2. PRIVACY

    1. You understand that by visiting and making a purchase at Boem STORE you consent to the collection, use and disclosure of your personal information as set forth in our Privacy Policy, and to have your personal information collected, used, transferred to and processed in the Czech Republic.

  3. CONSENT AND COLLECTION AND USE OF DATA

    1. If you are a Buyer who purchases a Licensed Asset, you acknowledge and agree that Boem STORE will have access to purchase information including the username you selected along with the Licensed Asset you purchased and the date you purchased it ("Purchase Information"). 

    2. You consent to the collection, use, processing, and storage of your personal information as described in the Privacy Policy. You acknowledge and agree that you are responsible for obtaining all necessary consents, and for complying with all applicable laws (including privacy and data protection laws), related to personal information provided to us in connection with your purchase.

    3. Please be aware that (among other things) third parties (such as social media platforms or other company websites that we link to online or from our web sites and applications) are responsible for their own privacy practices. 

    4. You agree to only provide tax and payment information in the specific areas of our website provided to collect that information. You agree not to provide any other Sensitive Personal Information. 

  4. SECURITY

    1. Boem STORE cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. You agree to immediately notify us of any unauthorized use of your registration information or any other breach of security related to your account, and to ensure that you “log off/exit” from your account at Boem STORE (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. 

  5. THIRD-PARTY LINKS

    1. Boem STORE may contain links to third-party websites, advertisers, services or other content that are not owned or controlled by Boem STORE. Boem STORE does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from Boem STORE, you do so at your own risk, and you understand that these Terms and the Privacy Policy do not apply to your use of such sites. You expressly relieve Boem STORE from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on Boem STORE, including payment and delivery of Assets, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Boem STORE shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

  6. INDEMNITY

    1. You agree, at your sole expense and to the fullest extent permitted by law, to defend (at our request), indemnify and hold harmless Boem STORE and its affiliates or employees (individually and collectively, "Our Parties"), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) suffered or incurred by Our Parties by reason of any claim, suit or proceeding ("Claim") arising out of or in connection with:

      1. Your violation of any term of these Terms, License Terms or Privacy Policy, including without limitation your breach of any of the representations and warranties above.

      2. Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights.

      3. Your violation of any applicable law, rule or regulation.

      4. Any other party's access to your username, password or other appropriate security code.

  7. DISCLAIMER OF WARRANTIES

    1. The Licensed Assets are provided on an "as is where is basis". To the maximum extent permitted by applicable law, the Licensed Assets are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Boem STORE do not warrant that the content is accurate, reliable or correct; that License Assets will meet your requirements or that any defects or errors will be corrected. Any content downloaded or otherwise obtained through the Boem STORE is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download. Boem STORE does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Boem STORE or any hyperlinked website or service.

  8. DISCLAIMER OF DAMAGES

    1. To the maximum extent allowed by applicable law and notwithstanding any failure of essential purpose of any limited remedy or limitation of liability, in no event will our parties be liable hereunder for special, indirect, consequential, or any other damages of like kind whatsoever (however caused and regardless of the theory of liability, whether derived from contract, tort (including without limitation negligence) or otherwise), including without limitation loss of profits, loss of revenue, loss of use, loss of data, business interruption, cost of procurement of substitute goods or services or other cover, or any other similar commercial or economic loss of any kind, even if advised of the possibility thereof, nor will any of Our Parties be liable for any damages whatsoever resulting from a force majeure or an act of a third party. To the maximum extent permitted by applicable law, Boem STORE assumes no liability or responsibility for any of the following:

      1. Errors, mistakes, typographical errors, or inaccuracies of content.

      2. Personal injury or property damage, of any nature whatsoever, resulting from your access to our website.

      3. Any unauthorized access to our secure servers and/or any and all personal information stored therein.

      4. Any interruption or cessation of transmission to or from the e-shop.

      5. Any bugs, viruses or the like that may be transmitted to or through our website by any third party.

      6. Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the website; or the defamatory, offensive, or illegal conduct of any third party.

  9. LIMITATION OF LIABILITY

    1. The total cumulative collective liability of our parties for all costs, losses or damages from all claims, actions or suits however caused or arising from or in relation with the purchase and/or using a website at Boem STORE will not exceed the ½ of the paid purchase price in connection with such purchase or the amount of CZK 1,000 if the liability is not connected with any specific purchase. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction and is not intended to, nor does it, require the relinquishment of any non-waivable right afforded to you by law. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.

  10. GOVERNING LAW AND JURISDICTION

    1. All matters relating to Licensed Asset, the License Agreement, these Terms and any dispute or claim arising therefrom or related thereto (in each case, including, without limitation, non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Czech Republic. Any legal suit, action or proceeding arising out of, or related to, the Licensed Asset, these Terms and/or the License Agreement shall be instituted exclusively in the courts of the Czech Republic. The place of the Licensed Assets delivery is Prague. Licensee waives any and all objections to the exercise of jurisdiction over Licensee by such courts and to venue in such courts to the maximum extent permitted by law.

  11. OTHER PROVISIONS

    1. The English language version of these Terms and the License Terms is legally binding in case of any inconsistencies between the English version and any translations. Except as expressly provided herein, a party may only waive its rights under these Terms or License Terms by a written document executed by both parties. Any failure to enforce any provision of these Terms and License Terms will not constitute a waiver thereof or of any other provision hereof. You may not assign or delegate these Terms or License Terms or any of your rights or obligations hereunder. Any unauthorized assignment will be null and void. You acknowledge and agree that Boem STORE may assign or sub-contract any of its rights or obligations under these Terms or License Terms.

  12. ENTIRE AGREEMENT AND SEVERABILITY

    1. These Terms together with the License Terms and Privacy Policy constitutes the sole and entire agreement between Licensee on the one hand and Boem STORE on the other hand with respect to the Licensed Asset and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Licensed Asset. The License Terms supersedes any conflicting terms set forth in these Terms with respect to the Licensed Asset.

    2. If any provision of these Terms and/or License Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms including the License Terms, will continue in full force and effect.

  13. CHANGES OR UPDATES TO THESE TERMS

    1. Boem STORE may modify this Terms by posting an updated version at Boem STORE website. The then current version of the Terms posted at the time of purchase shall apply to purchases (even if the Licensed Asset is downloaded after the Terms are updated). Updated versions of the Terms shall not apply retroactively to prior purchases unless Boem STORE notifies Licensee of the changes and that they will apply retroactively (e.g., via email to the address on file).

  14. CONTACT AND NOTICES

    1. All notices required to be sent to Boem STORE under this License Agreement should be sent via email to hello@boem.store. All notices to Licensee will be sent via email to the address provided by Licensee during an account creation or purchase.

    2. Please contact us via email: hello@boem.store with any questions regarding the website, the Terms, the License Terms, or billing matters.

License Terms  

Non-Commercial Use

These License Terms forming the License Agreement contains binding legal terms, and Licensee acknowledges that by completing the purchase process, Licensee has read these Licensed Terms and agrees to the terms herein (the “License Terms” and the “License Agreement”). Boem STORE offers the License Agreement for non-commercial use only. For option of commercial or custom use, please, contact Boem STORE directly with such request. 

This License Agreement states the terms and conditions of Licensee’s non-exclusive and limited copyright License with respect to the digital content which are 3D models of various items (“Licensed Asset”) made available on e-shop at boem.store and purchased by Licensee. This License Agreement also applies to a digital content that Boem STORE makes available at no charge.

 

  1. PARTIES TO THE LICENSE AGREEMENT

    1. This License Agreement is concluded between:

  1. The “Licensee” who is the individual person indicated as the licensee during the purchase process, and

and

  1. Aleš Boem, reg. No.: 03578372, with his registered office at Oradourská 144, Postal Code 273 54, Lidice, operator of Boem STORE (“Boem STORE”) as licensor. 

    1. This is an individual license for Non-commercial use (as defined below) only, and the Licensed Asset may be used and accessed (as permitted in this License Agreement) only by a single individual person, who is the Licensee indicated at the time of purchase. If multiple individuals will work together to use the same Licensed Asset, then each individual must purchase a license for that Licensed Asset. 

  1. LICENSED ASSET STORAGE AND MANAGEMENT

    1. Licensee may only upload the Licensed Asset to (i) a personal server owned and controlled by Licensee or (ii) a private cloud storage service, cloud-based design app, or digital asset manager, account controlled by Licensee, in each case for use of the Licensed Asset by Licensee only, as permitted herein.

  2. THIS LICENSE AGREEMENT PERMITS NON-COMMERCIAL USE ONLY

    1. This License Agreement permits only Non-commercial use of the Licensed Asset, as expressly specified in Section 4 (Permitted Uses and Limitations); any and all Commercial use is expressly prohibited. 

    2. Third party use requires the third party to obtain its own license. For a possibility of obtaining a custom license, please, contact Boem STORE.

    3. “Commercial use” is any use (i) that involves an exchange of money or other consideration, (ii) that promotes a business corporation or a sole proprietorship, product, or service, or (iii) where financial gain or other consideration is either sought or a result, directly or indirectly, of Licensee’s use of the Licensed Asset. If any one or more of the criteria in this paragraph is met, then the use is deemed as Commercial use.

    4. “Non-commercial use” is a use for solely personal purposes; any use that meets the definition of Commercial use cannot be a Non-commercial use.

  3. PERMITTED USES AND LIMITATIONS

An “End Use/Products” of a Licensed Asset means use of the Licensed Asset only as expressly permitted below:

  1. End Products for Non-Commercial Use

  • Physical Products for Non-Commercial Use: Licensee may create physical end products not for resale or wholesale such as, but not limited to, home decor, furniture, signs etc. for Non-commercial use only.

  • Digital or Print Products and Publication for Non-Commercial Use: Licensee may use the Licensed Asset in digital or print publications such as static web site elements, cards, invitations, photo albums, and scrap books, e-books or e-publications, that are for Non-commercial use only.

    1. Personal Social Media for Non-Commercial Use

  • Personal Social Media for Non-Commercial Use: One personal or individual social media account (not on a company or business social media page) for Non-commercial use.

    1. Streaming of Motion Picture and Audiovisual Content

  • Streaming: Streaming via internet only of motion picture and audio visual works, excluding advertisements, is permitted for Non-commercial use only. No limit on lifetime viewers for Non-commercial use.

  1. PROHIBITED USES (these uses may be subject to option of commercial license or custom license, form more information contact Boem STORE):

    1. End Products

  • All End Products for Commercial use (including, without limitation, physical products or digital or print products and publications) are prohibited.

  • On-Demand Applications (Such as Print-on-Demand and Create-on-Demand Services) for Commercial Use or Non-Commercial Use are prohibited. Any use that allows anyone other than the Licensee, such as an end user to customize a digital or physical end product is prohibited, whether for Commercial use or Non-commercial use. This includes, but is not limited to, “print on demand”, “made to order”, or “download on demand” application.

    1. Social Media, Marketing, and Advertisements

  • Company Social Media: is prohibited for Commercial use or Non-commercial use.

  • Physical (Printed, Paid or Unpaid) Advertisements: Such as billboards, printed advertisement, etc. are prohibited for Commercial use or Non-commercial use.

  • Digital (Paid or Unpaid) Advertisements: Internet advertisements such as advertisements served by Google Ads, Facebook Ads, Linkedin Ads, etc. are prohibited for Commercial use or Non-commercial use.

    1. Broadcast and Streaming of Motion Picture and Audiovisual Content

  • Broadcast and Streaming: (a) Streaming for Commercial use and (b) broadcast for Commercial use or Non-commercial use by any means, including via network, cable, satellite, video on demand of content including motion picture or audio visual works incorporating the Licensed Asset, including advertisements, is prohibited.

    1. Digital Development

  • Website Software Development, Mobile App Development, Desktop Application Development, and Video Game Development: is prohibited for Commercial use or Non-commercial use.

  1. Trademark and Copyright

Trademark: Licensed Asset may not be used as part of a trademark, design mark, business name. In no event does this License Agreement allow Licensee to, and Licensee shall not seek to, register, or enforce any trademark or similar rights in the Licensed Asset. If these rights are desired, please, contact Boem STORE for a custom license.

Copyright: Licensee may not claim the Licensed Asset (or a modification thereof) as its own copyrighted work (the original Licensed Asset must be disclaimed in any copyright registration).

    1. Future Technologies

The license is limited to the expressly permitted uses stated in this License Agreement: future-existing technologies and uses are expressly reserved and not included within the scope of the license.

  1. STRICTLY PROHIBITED USES. Listed rights are expressly retained:

  • Resale or Sub-Licensing the Licensed Asset or any modification of it in source file form is strictly prohibited.

  • Making public or sharing the Licensed Asset in any way that allows others to download, extract, or redistribute Licensed Asset as a standalone file (meaning just the content file itself, separate from the project or end use that is expressly permitted) is strictly prohibited.

  • Use the Licensed Asset in fraudulent, immoral, pornographic, illegal, harassing, offensive, or defamatory material, is strictly prohibited.  

  • Falsely representing authorship and/or ownership of the Licensed Asset is strictly prohibited.

  • Any other use that is not expressly permitted in Section 4 (Permitted Uses and Limitations) is strictly prohibited.

  1. GENERAL LEGAL PROVISIONS

    1. Intellectual Property

      1. All digital content available on [website], including, without limitation, the Licensed Asset, is protected by Czech and international copyright and other laws and treaties. As between you and the Boem STORE, Boem STORE retains ownership of the Licensed Asset, but grants to Licensee the limited, non-exclusive, non-transferrable, and non-sublicensable, copyright to use the Licensed Asset as expressly set forth above on the terms herein. All other rights, as between Licensee and Boem STORE are reserved by the Boem STORE. Licensee may not assert any ownership in the Licensed Asset itself nor any right to revenue from a collecting society in respect of photocopying, digital copying or other secondary uses of the Licensed Asset. Any reference to the “purchase” or “sale” (or similar terms) of the Licensed Asset refers to the purchase of a limited license only and not the purchase of the underlying copyright or work itself. As a licensee, Licensee’s ownership of the media and/or device on which the Licensed Asset is recorded, if any, is distinct from and does not grant any ownership right, title or interest in and to the design of the Licensed Asset itself. This Licensee Agreement does not grant Licensee any rights to trademark or any other intellectual property rights (aside from copyright) in the Licensed Asset.

    2. Termination

      1. Boem STORE may terminate this License Agreement at any time if Licensee breaches any of the terms of this or any other agreement with Boem STORE, in which case Licensee must immediately: cease using the License Asset; delete or destroy any copies; and, if requested, confirm to Boem STORE in writing that Licensee has complied with these requirements. If Licensee uses the Licensed Asset on a social media platform and the platform uses (or announces that it plans to use) the Licensed Asset for its own purpose or in a way that is contrary to this License Agreement, the rights granted for such use shall immediately terminate, and in that event, upon Boem STORE’s request, Licensee agrees to remove any content from such platform.

    3. Content Withdrawal

      1. Boem STORE may discontinue licensing the Licensed Asset at any time in its sole discretion. Upon notice from Boem STORE, or upon Licensee’s knowledge, that a Licensed Asset may be subject to a claim of infringement of a third party’s right, Boem STORE may require Licensee to immediately, and at Licensee’s own expense: cease using the Licensed Asset, delete or destroy any copies. Boem STORE will provide you with replacement content (determined by Boem STORE in its reasonable commercial judgment) free of charge, as its sole obligation, subject to the other terms of this License Agreement.

    4. Disclaimer of Warranties

      1. Licensee’s use of the Licensed Asset is at Licensee’s own risk. The Licensed Asset is provided on an "AS IS WHERE IS BASIS", without any warranties of any kind, either express or implied. Boem STORE hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

    5. Limitation of Liability

      1. In no event will Boem STORE, its affiliates or employees be liable for damages of any kind, arising out of or in connection with this License Agreement, including, without limitation, your use, or inability to use, the Licensed Asset, including any indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), intellectual property infringement, breach of contract or breach of recommendations of  Boem STORE for using specific material or any printing instructions or otherwise, even if foreseeable. In no event will the liability of Boem STORE, its affiliates, employees, service providers or employees be liable for damages of any kind, under any legal theory, arising out of or in connection with this License Agreement, including, without limitation, your use, or inability to use, or not following the recommendations for the material to be used, or not following the instructions for printing of the Licensed Asset, exceed the fees that Licensee paid for the Licensed Asset. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

    6. Modifications

      1. Boem STORE may modify these License Terms by posting an updated version at Boem STORE website. Then the current version of the License Agreement posted at the time of purchase shall apply to purchases (even if the Licensed Asset is downloaded after the License Agreement is updated). Updated versions of the License Agreement shall not apply retroactively to prior purchases unless Boem STORE notifies Licensee of the changes and that they will apply retroactively (e.g., via email to the address on file).

 
 
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