License Agreement of Hui Bao Pen

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License Agreement

This document "License Agreement" is an offer of Hui Bao Pen(hereinafter referred as “Company") to enter into an agreement on the terms and conditions stated below.

1. Terms and definitions

1.1. Words and expressions used in the License Agreement shall have the following meaning unless otherwise provided herein:

а) License (Agreement) shall mean the text of this document with all its annexes, amendments and supplements available on: http://www.narkii.com/club/thread-403268-1.htmlas well as an agreement with the Licensor concluded on its terms.
b) Licensor shall mean a Website User who entered into an agreement with a Company on the terms of this document for its own benefit or for the benefit of others.
c) products shall mean three-dimensional objects uploaded to the Website by the Licensor, including Models, Tutorials, Plugins, Project Documents, Textures, Maps.

d) Offer shall mean an offer of the Company to conclude a Contract for paid services with a possible use of the product addressed to the Website Users.

e) Contract shall mean Paid services contract between the Company and the User (the Customer under the Contract) entered into on the basis of the Offer.

f) Personal Account shall mean personal section of the Website to which the Licensor gets access after registration and/or log in to the Website. The Personal Account shall be intended for storage of the Licensor’s personal information, for review of statistical information on the license fee for using of his products under the Contracts, current status of the Statistics’ data and for receipt of notices.

g) Statistics shall mean information on a number of the paid products used under the Contracts, accrued and paid license fee. The Licensor gets an access to the Statistics through the Personal Account.
h) Website of the Company / Website shall mean automated information system available on http://www.narkii.com/resource/.

i) Reporting Period shall mean a calendar month after the date of the conclusion of the Agreement until the date of its termination.

j) Net Profit shall mean the revenue obtained from using the Licensor’s products under the Contracts during the relevant reporting period net of any tax, bank charges and costs for payments systems associated with its obtaining.

1.2. The Agreement can include terms and definitions which are not stipulated by paragraph 1.1. In this case such a term shall be construed according to the text of the Agreement.  If there are the terms and definitions in the Agreement lack of identical interpretation they shall be construed according to: firstly – End User License Agreement and Binding documents specified herein, secondarily – the Contract, and thereafter - the legislation of China, business practice and scientific doctrine.

2.  Procedure of entering into an agreement. License.

2.1. A binding condition for the conclusion and execution of the Agreement shall be consent of the Licensor with the requirements and provisions taken with regard to the Parties stipulated by the following binding documents for the Parties:

2.2. If the Licensor uploads (reproduces) a copy of the product with the help of the software available on the Website after log in to the Personal Account this action shall be deemed sufficient for the conclusion of the Agreement on the terms stipulated herein.

The action mentioned above confirms that the Licensor is familiar with and accepts the terms stipulated herein, and it creates an agreement between the Company and the Licensor on the following terms.

2.3. Upload of the product to the Website for the purposes of the Agreement shall be construed as any action performed by the Licensor with the use of the Website software after log in to the Personal Account resulting in the picture of the product being publicly available on the page “3 d products” in accordance with the procedure specified in the Binding documents.

2.4. Upload of the product to the Website becomes possible after registration and log in to the Website in accordance with the procedure specified by the Company and stipulated by the Binding documents. The uploaded products shall fully comply with the Company requirements available on the Website.

2.5. The Licensor in accordance with this Agreement shall grant the Company the right to use the products reproduced (uploaded) to the Website by him on the terms of the non-exclusive license.

2.6. The Company has the right to use the products in accordance with the terms of the Agreement the following ways:

2.6.1  to reproduce the products that is to embody one or more copies of the product  as well as to record and store it on the electronic media (right of reproduction);

2.6.2. to display the products in public (right for the public display);

2.6.3. to communicate the products so that any person at any time and from any place would have online access to them at the choice of that person  (right for making available to the public);

2.6.4. to modify the product that is to transform or to alter the products in any way (right of modification);

2.6.5.  to grant other users in the manner of sublicense the rights stipulated by paragraphs 2.6.1, 2.6.2. and 2.6.3. for creation of derived works and their further demonstration except for the creation of mass products.

2.7. The right for using of the products granted to the Company shall cover the territory of all countries in the world for the entire validity period of the exclusive right for such products.

3.Payment and fees

3.1 The Payment shall be made in Yuanbao only by transfer to the Licensor’s PayPal account.

Yuanbao is a virtual currency launched by Narkii, which can be used to buy online products and services on this website.

¥ 1 =1 Yuanbao

$1 = 6 Yuanbao

*Support for withdrawal.

3.2. HUI BAO PEN takes a 30-percent cut of each product sale. The system will automatically deduct it in your income.

3.3. All payments under the Contract are effected by transferring money to the Company’s bank account or by using payment systems mentioned on the Website.

4.  Guarantees

4.1. The Licensor guarantees:

4.1.1. the information provided to the Company is correct;

4.1.2. the Licensor is the only owner or  otherwise authorized to grant the right for the products use under the Agreement;

4.1.3. providing and using of the product in accordance with the obligations under the Agreement does not contravene the requirements of the legislation and does not infringe upon the personal property and non-property rights of the third persons including, but not limited to copyright and related rights, rights for trademarks, service marks and appellations of origin of goods, patent rights for inventions, utility products and industrial samples, right for using of the pictures of people, both living and deceased; the Licensor has obtained all the necessary permits (has concluded relevant contracts).

4.2. The Company shall not be responsible for the failure of the guarantees by the Licensor.

5. Final provisions

5.1. The Agreement with the Licensor shall come into force upon its signing and remains in force indefinitely.

5.2. The Agreement could be terminated ahead of  schedule:

5.2.1. By mutual agreement between the Parties at any time.

5.2.2. At the Licensor’s initiative by refusing to perform the Agreement, wholly or partially, by deletion of all or certain products of the Licensor from the Website. In this case the Agreement with regard to the licenses for the products deleted shall end upon the performance of obligations under the Contracts with its use concluded by the Company before deletion of the product from the Website by the Licensor.

5.2.3. At the Company’s initiative by refusing to perform the Agreement, wholly or partially, by notice of the Licensor in the Personal Account or via e-mail. The Agreement shall be deemed completely terminated or in a certain part specified in the notice on expiry of the 3-day (three) term after the date on which the notice was given.

5.2.4. For other reasons stipulated by the Agreement or the current legislation.

5.3 The provisions of sections 3 – 6 of the Agreement shall remain in full force and effect after early termination of the Agreement.

5.4. The Parties may send notices under the Agreement to each other: 1) via e-mail а) to the e-mail address of the Licensor specified in the Personal Account from the e-mail address  of the Company stipulated by section7 of the Agreement, in case the notice is addressed to the Licensor and b) to the e-mail address of the Company stipulated by section 7 of the Agreement from the e-mail address  of the Licensor specified in the Personal Account; 2) via electronic notice for the Licensor in the Personal Account; 3) via fax; 4) via mail with acknowledgement of receipt or via courier service with acknowledgement of delivery.

5.5. By acceptance of the Agreement the Licensor willfully and knowingly, for his own benefit gives an indefinite irrevocable written consent for personal data processing of any kind in accordance with the Privacy Policy.  

5.6. The Agreement, procedure of its conclusion and performance as well as the issues which are not stipulated by the Agreement shall be governed by the current legislation of China.
5.7. If any of the clauses or/and conditions of the Agreement is recognized invalid or/and of no juridical power, such recognition does not influence the validity of any other clauses and conditions of the Agreement which remain in force.
5.8. Without contravening the terms and conditions of the Agreement, the Parties have the right at any time to make the concluded Agreement in writing where the content of the current Agreement is contained.

5.9. The Company shall unilaterally amend or withdraw this offer of the conclusion of the Agreement without prior notice of the Licensor and without any associated compensation.

The current version of the Agreement of  01.08.2016

Terms of Use available on http://www.narkii.com/club/thread-403266-1.html Privacy policy available on http://www.narkii.com/club/thread-403267-1.html License Agreement available on http://www.narkii.com/club/thread-403268-1.html