PERSONAL LICENSECOMMERCIAL LICENSEWHITE-LABEL LICENSENFT LICENSE

Commercial License

Last Revised: March 18th, 2022

 

Licensee: Individual or any legal entities including nonprofit organizations.

 

Number of Users: The number of permitted users is the number of users declared and paid for at the time of purchase.

 

Commercial Use: 

 

For resale of physical and digital products: 

 

  • 10,000 units of combined total physical and/or digital end products. Any use of the Licensed Asset for Commercial purposes must be backed with a purchased Commercial License that covers the applicable number of end products. 
  • Any resale/sublicense of the Licensed Asset is strictly prohibited with the Commercial license. The Licensee must obtain a Full License in order to gain White-label of the Licensed Asset.

 

For promotional and marketing purposes: 

 

  • An unlimited number of units of physical (printed) or digital advertisement materials within the country of the Licensee residence or the Legal Entity jurisdiction.

 

For content broadcasting: 

 

  • up to 5 million unique viewers lifetime.

 

NFT Use and Distribution: Not Permitted

Cost: each Commercial Use License must be obtained separately based on usage and paid in full.

 

This License Agreement contains important legal terms, and the Licensee acknowledges that by completing the checkout process, submitting project information, and/or checking “Agree”, the Licensee has read the entire License Agreement and agrees to the terms herein, including, without limitation Section 9 (Important General Legal Provisions). 

 

Covatar Inc. offers different types of license agreements and the one selected at the time of purchase of the product applies to the Licensee’s use of the Licensed Asset. By default, each product includes a Personal Use license. The Licensee can upgrade their License by purchasing one of the following options: NFT Use, Commercial Use, or White-label Use.

 

This License Agreement states the terms and conditions of the Licensee’s non-exclusive and limited copyright license with respect to the digital and physical content (“Licensed Asset”) made available on Covatar.com and purchased by the Licensee. 

 

This License Agreement states the terms and conditions of the Licensee’s non-exclusive and limited copyright license with respect to the digital and physical artworks and products (“Licensed Asset”) created to order purchased and made by the Licensee. The Licensed Asset item will be emailed to you via the email address provided by you during the checkout process and/or submission of an order questionnaire. The email with the delivered Licensed Asset will also have a *.PDF of an applicable version of this license. The Licensee must retain the emailed file of the license for your personal records.

 

This license may also apply to digital and physical content that Covatar Inc. makes available and distributes at no charge (for example, for promotional purposes).



  1. PARTIES TO THE LICENSE AGREEMENT; NUMBER OF USERS 

 

1.1 This License Agreement is an agreement between:

 

(a) The “Licensee” is the individual person indicated as the licensee during the purchase process or that person’s employer if that person is acting on the employer’s behalf and with the employer’s authorization

 

and

 

(b) Covatar, Inc. (Doing Business as Covatar, Covatar NFT, Merchandice, Sketchy Digital) as the Licensor.

 

If you are making this purchase on behalf of your employer, then only your employer is the “Licensee” and can use the Licensed Asset subject to the terms of this License Agreement; in that case, you represent and warrant that you have the full legal authority to bind your employer, as the Licensee, to the terms of this License Agreement.

 

1.2 Definition of number of users

 

  • The number of individual users permitted to access and use the Licensed Asset (as permitted in this License Agreement) is unlimited as long as these users work within the same registered business entity. If the Licensee is an individual then the number of seats allowed is equal to one (1);
  • If the Commercial Use License is used by a Legal entity then the number of users is equal to the number of unique brands that belong to this Legal Entity. In this case, a separate Commercial Use License must be obtained for each brand.



  1. ASSET MANAGEMENT

 

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

 

  1. THIS LICENSE AGREEMENT PERMITS BOTH COMMERCIAL USE AND NON-COMMERCIAL USE; COMMERCIAL USE AND NON-COMMERCIAL USE DEFINED

 

This Commercial Use License Agreement permits both Non-commercial use and Commercial use of the Licensed Asset, as expressly specified in Section 4 (Permitted Uses and Quantity/Impression Limitations).

 

3.1 Commercial Use

 

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

 

3.2 Non-Commercial Use (Personal License)

 

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

 

  1. PERMITTED USES AND QUANTITY/IMPRESSION LIMITATIONS

 

An “End Use” of the Licensed Asset means the use of the Licensed Asset only as expressly permitted below. 

 

4.1 End Products

 

  • Physical Products for Commercial Use or Non-commercial Use: the Licensee may create physical end products such as, but not limited to, clothing, cards, invitations, stickers, mugs, stamps, candles, posters, signs, home decor, etc. for Commercial use or Non-commercial use.
  • Product Packaging for Commercial Use of Non-commercial Use: Licensee may create physical or digital end packaging products used for resale or wholesale such as, but not limited to, boxes, labels, stickers, or containers, etc., for Commercial use or Non-commercial use.
  • Digital Products for Commercial Use or Non-Commercial Use: Licensee may create digital end products for resale such as static designs, static website elements for Commercial use, or Non-commercial use.
  • Digital or Print Publication for Commercial Use or Non-commercial Use: Licensee may use the Licensed Asset in digital or print publications such as magazines, cards, invitations, photo albums, scrapbooks, e-books, or e-publications, for Commercial use or Non-commercial use.

 

Quantity Limitations on End Products for Commercial Use: No more than 10,000 units lifetime combined individual end products or packaging (digital or physical) sales, instances, impressions, or installations (as applicable) that incorporate the Licensed Asset is permitted for Commercial use. Consider getting a White-label License or contact Covatar Inc. for a custom license if the Licensee requires greater quantities of units for Commercial use.

 

4.2 Social Media, Marketing, and Advertisements

 

  • Personal Social Media for Non-Commercial Use: If applicable (e.g., for an individual who doesn’t use their social media accounts for generating profits), five (5) personal or individual social media accounts for Non-commercial use.
  • Social Media pages that belong to a Legal Entity/Business/Nonprofit for Commercial Use: If applicable (e.g. to a business), five (7) Licensee-owned and managed company social media accounts are allowed for Commercial use. A separate license is required for each social media business account or page.
  • Physical (printed) Advertisements for Commercial Use in a Local Market where the Licensee is located: including but not limited to billboards, signage, printed advertisement, etc. for Commercial use in Local Market. The definition of “Local Market” is equal to the country of residency of the Licensee.
  • Digital Advertisements for Commercial Use: Internet advertisements such as advertisements served by Google Ads, Bings Ads, Facebook Ads, Linkedin Ad, etc. for Commercial use.
  • Quantity Limitations on Promotion and Advertisements: No limit on the number of impressions of social media posts or advertisements incorporating the Licensed Asset for Commercial use or Non-commercial use (where Non-commercial use is applicable).

 

4.3 Broadcast and Streaming of Motion Picture and Audiovisual Content

 

  • Broadcast and Streaming: broadcast and streaming via network, cable, internet, satellite, pay-per-view, video on demand, or Streaming of motion picture and /audiovisual works, including advertisements, are permitted for Commercial use and Non-commercial use.
  • Quantity Limitations on broadcast and streaming: No more than 10 million lifetime viewers for Commercial use and no limit for streaming via the internet for non-commercial use.

 

  1. PROHIBITED USES

 

The following activities are included within Commercial Use or White-label Use Licenses. If you want to obtain a Commercial Use License, please contact us at help@covatar.com.

 

5.1 End Products

 

On-Demand Applications (such as print-on-demand and create-on-demand services). 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” applications.

 

5.2 Social Media, Marketing, and Advertisements

 

Physical (printed) marketing materials for Commercial use in Global Markets are prohibited. The Licensee may use the Licensed Asset on their National market. “National” market means any distribution or display of advertisements within a single nation/country. “Global” market means any distribution of display of advertisements in more than one nation/country. The Licensee is responsible to obtain the Commercial Use License for each National Market.

 

5.3 Digital Development

 

Using the Licensed Asset by the Licensee is allowed for software development, mobile app development, desktop application development. Video Game Development is prohibited for Commercial use or Non-commercial use.

 

5.4 Trademark and Copyright

 

Trademark: the Licensed Asset may not be used as part of a trademark, service mark, design mark, trade-name, or similar use unless (1) the Licensed Asset is significantly altered and (2) not the predominant element of the End Use. In no event does this License Agreement allow Licensee to -- and Licensee shall not seek to -- register, protect, or enforce any trademark or similar rights in the Licensed Asset itself which must be disclaimed in any trademark registration. Contact Covatar Inc. to obtain the White-label Use License if you plan to exercise these rights.

 

Copyright: the Licensee may not claim the Licensed Asset (or a modification thereof) as its own copyrighted work. The Licensed Asset is registered and protected by the United States Copyright Office.

 

5.5 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

 

Nothing in this License Agreement grants Licensee any of the following rights, all of which rights are expressly retained:

 

6.1 Resale or Sub-Licensing the Licensed Asset or any modification of it is strictly prohibited.

 

6.2 Resale or Sub-Licensing of the Licensed Asset or any modification of it in a way that is directly competitive with the original Licensed Asset is strictly prohibited (e.g., as a stock asset or template).

 

6.3 Making public or sharing the Licensed Asset in any way that allows others to download, extract, or redistribute the Licensed Asset as a standalone file is strictly prohibited.

 

6.4 Use the Licensed Asset in pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material, is strictly prohibited, including, without limitation, any use of the Licensed Asset that:

 

(i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;

 

(ii) may create a risk of any other loss or damage to any person or property;

 

(iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;

 

(iv) may constitute or contribute to a crime or tort;

 

(v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;

 

(vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);

 

(vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

 

(viii) contains any information or content that you know is not correct and current; or

 

(ix) promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual.

 

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

 

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

 

  1. SUBLICENSING TO THIRD PARTIES IS PROHIBITED WITH LIMITED EXCEPTIONS FOR CLIENTS AND SERVICE PROVIDERS 

 

Third-party use requires the third party to obtain its own license unless a custom license is purchased

 

7.1 Third-Party Use Requires Separate License. This License Agreement does not permit sublicensing except for the limited rights to sublicense described below in Section 7.2.

 

7.2 Limited Sublicensing Is Permitted. Licensee may sublicense Licensee’s rights to third parties in only three situations:

 

(a) to manufacture, market, or distribute completed End Uses (defined above) that use the Licensed Asset (as expressly permitted herein) when done on behalf of Licensee, provided that the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Licensed Asset in any other way and Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance. For example, Licensee may use distributors to manufacture or distribute physical products for resale or product packaging; similarly, Licensee may use third-party providers, such as hosting providers to host a completed website or website publishers to display completed digital advertisements;

 

(b) to a service provider serving as Licensee’s subcontractor to provide services to Licensee provided that (i) Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance and (ii) Licensee has purchased a sufficient number of seats for the Licensed Asset Licensee (e.g., each individual person requires a license as stated above); and

 

(c) to a client of Licensee where Licensee transfers to that client a completed End-Use (defined above, such as a completed website, advertisement, product, or product packaging). In this instance, the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing, or using the Licensed Asset in any way other than is necessary in order to exploit the End Use that Licensee provides to the client. Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance.



  1. ATTRIBUTION

 

8.1 When author credit is required: any kind of editorial use requires an author credit; however for non-editorial use author credit is only required where credits are accorded to other providers of licensed material. 

 

8.2 Credits, when required, shall be legible and in close proximity to the Licensed Assets and, where applicable, substantially similar in placement and prominence to other credits. 

 

8.3 Credits must be provided using the following format: “Created by Covatar.com, © [YEAR]” where Covatar.com must be an active DOFOLLOW link to the www.covatar.com website.



  1. IMPORTANT GENERAL LEGAL PROVISIONS

 

9.1 Intellectual Property

 

  • All products (both digital and physical) created and provided by Covatar Inc., including, without limitation, the Licensed Asset, are protected by the United States Copyright Office and international copyright and other laws and treaties. 
  • As between the Licensee and Covatar Inc., Covatar Inc. retains intellectual ownership of the Licensed Asset, but grants to Licensee the limited, non-exclusive, non-transferable, and non-sublicensable copyright to use the Licensed Asset as expressly set forth above on the terms herein. The Licensee reserves the right to purchase the White-label license to obtain non-restricted rights to the Licensed Asset.
  • All other rights between the Licensee and Covatar Inc. are reserved by Covatar Inc. The 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 any other similar terms) of the Licensed Asset refers to the purchase of limited licensed use only and not the purchase of the underlying copyright or work itself. The Licensee reserves the right to purchase the White-label license in order to obtain such rights.
  • As a licensee, the 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 in the Licensed Asset unless the White-label license is purchased from the Licensor.

 

9.2 Termination

 

  • Covatar Inc. may terminate this License Agreement at any time if the Licensee breaches any of the terms of this or any other agreement with Covatar Inc., in which case the Licensee must immediately: cease using the License Asset; delete or destroy all copies; and, if requested, confirm to Covatar Inc. in writing that the Licensee has complied with these requirements. 
  • If the Licensee uses the Licensed Asset on a social media platform or other third party website and the platform or website uses (or has 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 Covatar Inc.’s request, the Licensee agrees to remove any content from such platform or website.
  • In any event, where the Licensee requests a refund, posts a dispute, uses stolen payment information, etc. the existing License will be terminated immediately.
  • In the event of the Licensee requesting Covatar Inc. the deletion of any personal information that Covatar Inc. has on file, this action will cause the cancellation of the existing License Agreement.

 

9.3 Content Withdrawal

 

Covatar Inc. may discontinue licensing for the Licensed Asset with reasonable written notice. Upon notice from Covatar Inc., or upon the Licensee’s knowledge, that the Licensed Asset may be subject to a claim of infringement of a third party’s right, Covatar Inc. may require the Licensee to immediately, and at the Licensee’s own expense: cease using the Licensed Asset, delete or destroy all existing digital and physical copies; and ensure that the Licensee’s clients, distributors and/or Licensees do likewise.

 

9.4 Audit

 

  • Upon reasonable notice, the Licensee agrees to provide to Covatar Inc. sample copies of projects or end uses that contain the Licensed Asset, including by providing Covatar Inc. with free of charge access to any pay-walled or otherwise restricted access website or platform where the Licensed Asset is reproduced and used. 
  • In addition, upon reasonable notice, Covatar Inc. may, at its discretion, either through its employees, contractors, or through a third party, audit the Licensee’s records directly related to this License Agreement and the Licensee’s use of the Licensed Asset in order to verify compliance with the payment and other terms of this License Agreement.
  • If any audit reveals inappropriate use of the Licensed Asset by Licensee to Covatar Inc., then in addition to paying Covatar Inc. the amount of the underpayment and any other remedies to which Covatar Inc. is entitled, the Licensee also agrees to reimburse Covatar Inc. for the costs of conducting the audit.

 

9.5 Disclaimer of Warranties

 

THE LICENSEE’S USE OF THE LICENSED ASSET IS AT THE LICENSEE’S OWN RISK. THE LICENSED ASSET IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COVATAR INC. AND ITS REPRESENTATIVES PAST, EXISTING, AND FUTURE, 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 A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

9.6 Limitation on Liability

 

IN NO EVENT WILL COVATAR INC., ITS AFFILIATES OR THEIR LICENSORS (INCLUDING, WITHOUT LIMITATION, COVATAR INC.), SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS 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, 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 OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL THE LIABILITY OF COVATAR INC., ITS AFFILIATES OR THEIR LICENSORS (INCLUDING, WITHOUT LIMITATION, THE SHOP OWNERS), SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS 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, THE LICENSED ASSET, EXCEED THE FEES THAT LICENSEE PAID FOR THE LICENSED ASSET. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

9.7 Indemnification

 

The Licensee agrees to defend, indemnify and hold harmless Covatar Inc., its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including but not limited to reasonable attorneys’ fees) arising out of or relating to the Licensee’s (or anyone acting on Licensee’s behalf, including, without limitation, service providers) (i) violation of this License Agreement, (ii) use of the Licensed Asset in violation of law, rules or regulations, or (iii) use of the Licensed Asset violation of third party rights where such violation is due to the modification of the Licensed Asset.

 

9.8 Limitation on Time to File Claims

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE LICENSED ASSET OR THIS LICENSE AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

9.9 Choice of Law and Forum

 

All matters relating to the Licensed Asset and the License Agreement 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 internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). 

 

Any legal suit, action, or proceeding arising out of, or related to, the Licensed Asset or this License Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of California and County of Contra Costa although Covatar Inc. retains the right to bring any suit, action or proceeding against the Licensee for breach of this License Agreement in the Licensee’s country of residence or any other relevant and applicable jurisdiction. The Licensee waives any and all objections to the exercise of jurisdiction over the Licensee by such courts and to venue in such courts to the maximum extent permitted by law.

 

9.10 Arbitration

 

AT SOLE DISCRETION OF COVATAR INC., EXCEPT TO THE EXTENT PROHIBITED BY LAW, COVATAR INC. MAY REQUIRE THE LICENSEE TO SUBMIT ANY DISPUTES ARISING FROM THE USE OF THE LICENSED ASSET AND THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING CALIFORNIA, USA LAW.

 

9.11 Waiver and Severability

 

No waiver of by Covatar Inc. of any term or condition set forth in this Commercial Use License Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Covatar Inc. to assert a right or provision under this Commercial Use License Agreement shall not constitute a waiver of such right or provision.

 

If any provision of this Commercial Use License Agreement is held by a court or other tribunal 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 License Agreement, including the Terms of Service, will continue in full force and effect.

 

9.12 Entire Agreement

 

This Commercial License Agreement, together with the Covatar.com Terms of Service (“Terms of Service”) constitutes the sole and entire agreement between the Licensee on the one hand and Covatar Inc. 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. This Commercial Use License Agreement supersedes any conflicting terms set forth in the Terms of Service and Service with respect to the Licensed Asset.

 

9.13 Notices

 

All notices must be sent to Covatar Inc. under this License Agreement should be sent via email to legal@covatar.com. All notices to the Licensee will be sent via email to the address provided by Licensee during account creation, questionnaire submission, or purchase.

 

9.14 Modifications

 

  • Covatar Inc. may modify this License Agreement by posting an updated version on the Covatar.com website. The then-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 either (1) The Licensee is notified of the updated terms to prior purchases in writing via email on file or (2) such modification (i) does not adversely affect any rights of the Licensee and (ii) Covatar Inc. notifies the Licensee of the changes and that they will apply retroactively (e.g., via email to the address on file). 

 

9.15 Interpretation

 

Unless the context requires otherwise, in any part of this License Agreement: (i) "including" (and any of its derivative forms, e.g. "includes"), "e.g." and "for example" means "including but not limited to"; and (ii) use of the singular imports the plural and vice versa. This License Agreement shall not be interpreted against the drafting party.



To contact Covatar Inc., please use one of the following methods.

 

Email: legal@covatar.com

 

Mailing Address:

Covatar Inc.

Attn: Licensing

2244 Oak Grove Rd. #30306

Walnut Creek, CA 94598

The United States