Terms and Conditions

Digital Products / Non-Commercial Use
(Personal and Family License)
These License Terms, constituting the License Agreement for Non-Commercial Use, contain legally binding provisions. The Licensee acknowledges that, by completing the purchase process, they have thoroughly reviewed these License Terms and agree to the terms herein (referred to as the “License Terms” and the “License Agreement”). OPENKRFT also provides a separate License Agreement for commercial use; for the conditions pertaining to commercial use, please refer to the License Terms – Commercial Use.
This License Agreement delineates the terms and conditions of the Licensee’s non-exclusive and limited copyright license concerning digital content, specifically 3D models of various items (“Licensed Asset”), made available on the e-shop at https://cmmnthng.com and acquired by the Licensee. This License Agreement also extends to digital content offered by OPENKRFT at no cost.

  1. PARTIES TO THE LICENSE AGREEMENT
    This License Agreement is entered into by:
    The “Licensee,” an individual person identified as the licensee during the purchase process, and Seokoh Hong, with registration number: St.-Nr.: 110/233/02510, Ust-IdNr.: DE351935896, registered office in Germany, operator of OPENKRFT (“OPENKRFT”) as the licensor.
    This is an individual license for Non-commercial use (as defined below) only, and the Licensed Asset may be utilized and accessed (as permitted in this License Agreement) solely by a single individual, the Licensee identified at the time of purchase. In cases where multiple individuals collaborate to use the same Licensed Asset, each individual must procure a license for that specific Licensed Asset.
  2. LICENSED ASSET STORAGE AND MANAGEMENT
    The Licensee may upload the Licensed Asset to (i) a personal server owned and controlled by the Licensee or (ii) a private cloud storage service, cloud-based design app, or digital asset manager, account controlled by the Licensee, exclusively for the Licensee’s use, as allowed herein.
  3. THIS LICENSE AGREEMENT PERMITS NON-COMMERCIAL USE ONLY
    This License Agreement authorizes only Non-commercial use of the Licensed Asset, as explicitly detailed in Section 4 (Permitted Uses and Limitations); any form of Commercial use is explicitly prohibited.
    Third-party use necessitates the third party to obtain its own license. For information on obtaining a custom license, please contact OPENKRFT.
    “Commercial use” entails any use (i) involving an exchange of money or other consideration, (ii) promoting a business corporation or sole proprietorship, product, or service, or (iii) where financial gain or other consideration results directly or indirectly from the Licensee’s use of the Licensed Asset. If any one or more of the criteria in this paragraph is met, the use is deemed Commercial use.
    “Non-commercial use” denotes a use solely for personal purposes; any use meeting the definition of Commercial use cannot be considered Non-commercial use.
  4. PERMITTED USES AND LIMITATIONS
    The “End Use/Products” of a Licensed Asset refers to the use of the Licensed Asset as explicitly permitted below:
  5. End Products for Non-Commercial Use
    Physical Products for Non-Commercial Use: The 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: The Licensee may use the Licensed Asset in digital or print publications, such as static website elements, cards, invitations, photo albums, scrapbooks, e-books, or e-publications, exclusively for Non-commercial use.
  6. 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.
  7. Streaming of Motion Picture and Audiovisual Content
    Streaming: Streaming via the internet only of motion pictures and audiovisual works, excluding advertisements, is permitted for Non-commercial use only. No limit on lifetime viewers for Non-commercial use.
  8. PROHIBITED USES
    -these uses may be subject to the option of a commercial license or custom license;
    for more information, contact OPENKRFT:
  9. 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” applications.
    <Social Media, Marketing, and Advertisements>
    Company Social Media: Prohibited for Commercial use or Non-commercial use.
    Physical (Printed, Paid or Unpaid) Advertisements: Billboards, printed advertisements, 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.
    <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 audiovisual works incorporating the Licensed Asset, including advertisements, is prohibited.
  10. Digital Development
    Website Software Development, Mobile App Development, Desktop Application Development, and Video Game Development: Prohibited for Commercial use or Non-commercial use.
  11. Trademark and Copyright
    Trademark: The Licensed Asset may not be used as part of a trademark, design mark, business name. This License Agreement does not grant Licensee any rights to a trademark or any other intellectual property rights (aside from copyright) in the Licensed Asset.
    Copyright: The 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.
  12. 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.
  13. 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 the 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 of 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.

GENERAL LEGAL PROVISIONS

  1. Intellectual Property
    All digital content available on https://cmmnthng.com, including, without limitation, the Licensed Asset, is protected by German and international copyright and other laws and treaties. OPENKRFT retains ownership of the Licensed Asset, granting the Licensee a limited, non-exclusive, non-transferable, and non-sublicensable copyright to use the Licensed Asset as expressly set forth above. All other rights, as between the Licensee and OPENKRFT, are reserved by OPENKRFT.
  2. Termination
    OPENKRFT may terminate this License Agreement at any time if the Licensee breaches any of the terms of this or any other agreement with OPENKRFT. In such cases, the Licensee must immediately cease using the License Asset, delete or destroy any copies, and, if requested, confirm in writing to OPENKRFT that the Licensee has complied with these requirements. If the 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. In that event, upon OPENKRFT’s request, the Licensee agrees to remove any content from such a platform.
  3. Content Withdrawal
    OPENKRFT may discontinue licensing the Licensed Asset at any time in its sole discretion. Upon notice from OPENKRFT, or upon the Licensee’s knowledge, that a Licensed Asset may be subject to a claim of infringement of a third party’s right, OPENKRFT may require the Licensee to immediately cease using the Licensed Asset, delete or destroy any copies. OPENKRFT will provide the Licensee with replacement content (determined by OPENKRFT 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
    The Licensee’s use of the Licensed Asset is at their own risk. The Licensed Asset is provided on an “AS IS WHERE IS BASIS,” without any warranties of any kind, either express or implied. OPENKRFT hereby disclaims all warranties, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
  5. Limitation of Liability
    In no event will OPENKRFT, its affiliates, or employees be liable for damages of any kind, arising out of or in connection with this License Agreement, including, without limitation, the Licensee’s use or inability to use the Licensed Asset. This includes any indirect, special, incidental, consequential, or punitive damages, even if foreseeable. In no event will the liability of OPENKRFT, its affiliates, employees, service providers, or employees be liable for damages of any kind, under any legal theory, exceeding the fees that the Licensee paid for the Licensed Asset. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
  6. Modifications
    OPENKRFT may modify these License Terms by posting an updated version on the OPENKRFT website. 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 OPENKRFT notifies the Licensee of the changes and that they will apply retroactively (e.g., via email to the address on file).

END OF NON-COMMERCIAL LICENSE TERMS

Digital Products / Commercial Use
(Commercial Royalty-Based License Agreement)
These License Terms, constituting the License Agreement for Commercial Use, embody legally binding terms. The Licensee acknowledges that, by completing the purchase process, they have thoroughly reviewed these Licensed Terms and hereby agree to the stipulations herein (referred to as the “License Terms” and the “License Agreement”). OPENKRFT also extends the availability of the License Agreement for Non-Commercial Use. For conditions of non-commercial use, please refer to the License Terms – Non-Commercial Use.
This License Agreement articulates the terms and conditions of the Licensee’s non-exclusive and limited copyright License concerning digital content, specifically 3D models of various items (“Licensed Asset”), made available on the e-shop at https://cmmnthng.com, and purchased by the Licensee.

  1. PARTIES TO THE LICENSE AGREEMENT
    This License Agreement is entered into between:
    The “Licensee,” who is the individual person indicated as the licensee during the purchase process or the legal person (the company) if the individual person is acting on behalf and with the authorization of such legal person; and Seokoh Hong, with registration number: St.-Nr.: 110/233/02510, Ust-IdNr.: DE351935896, registered office in Germany, operator of OPENKRFT (“OPENKRFT”) as the licensor.
    If you are purchasing on behalf of the legal person, then only such legal person 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 full legal authority to bind such a legal person, as the Licensee, to the terms of this License Agreement.
  2. LICENSED ASSET STORAGE AND MANAGEMENT
    The Licensee may only upload the Licensed Asset to (i) a server owned and controlled by the Licensee or (ii) a cloud storage service, cloud-based design app, or digital asset manager, account controlled by the Licensee, in each case for the use of the Licensed Asset by the Licensee only, as permitted herein.
  3. THIS LICENSE AGREEMENT PERMITS BOTH COMMERCIAL USE AND NON-COMMERCIAL USE
    This License Agreement allows for both Non-Commercial Use and Commercial Use of the Licensed Asset, as expressly specified in Section 4 (Permitted Uses and Limitations).
    “Commercial use” is defined as 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 the Licensee’s use of the Licensed Asset. If any one or more of the criteria in this paragraph are met, then the use is deemed as Commercial Use.
    “Non-commercial use” is defined as a use for solely personal purposes. Any use that meets the definition of Commercial Use cannot be a Non-Commercial Use.
  4. PERMITTED USES AND LIMITATIONS
    An “End Use/Products” of a Licensed Asset means the use of the Licensed Asset only as expressly permitted below.
    End Physical Products: The Licensee may create physical End Products for resale or wholesale, such as, but not limited to, home decor, furniture, accessories, etc., for Commercial use or Non-commercial use. 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.
    Product Packaging: The 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.
    Publication: The Licensee may use the Licensed Asset in digital or print publications that are for Commercial use or non-commercial use.
  5. TRADEMARK AND COPYRIGHT
    Trademark: The Licensed Asset may not be used as part of a trademark, design mark, business name. In no event does this License Agreement allow the Licensee to, and the Licensee shall not seek to, register or enforce any trademark or similar rights in the Licensed Asset. If these rights are desired, please contact OPENKRFT for a custom license.
    Copyright: The 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).
  6. 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.
  7. 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.
  • 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).
  • 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 (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, including, without limitation, any use of the Licensed Asset that:
    • 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.
    • May create a risk of any other loss or damage to any person or property.
    • Seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise.
    • May constitute or contribute to a crime or tort.
    • Contains any information or content that is illegal (including, without limitations, the disclosure of insider information under respective regulation or of another party’s trade secrets).
    • Contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
    • Contains any information or content that you know is not correct and current or promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual.
  • Falsely representing authorship and/or ownership of the Licensed Asset is strictly prohibited.
  • Any other use that is not expressly permitted in the section Permitted Uses and Limitations is strictly prohibited.

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)

  1. Third Party Use Requires Separate License
    This License Agreement does not permit sublicensing except for the limited rights to sublicense described below:
    Limited Sublicensing is Permitted
    The Licensee may sublicense their rights to third parties in only two situations:
  • To manufacture, market, or distribute completed End Products (defined above) that use the Licensed Asset (as expressly permitted herein) when done on behalf of the Licensee, provided that the sublicense may only be granted on the condition that the sublicensee is prohibited from extracting, reproducing, or using the Licensed Asset in any other way. The 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, the Licensee may use distributors to manufacture or distribute physical products for resale or product packaging; similarly, the Licensee may use third-party providers, such as hosting providers, to host a completed website or website publishers to display completed digital advertisements; and
  • To a service provider serving as the Licensee’s subcontractor to provide services to the Licensee provided that the 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.

GENERAL LEGAL PROVISIONS

  1. Intellectual Property
    All digital content available on https://cmmnthng.com, including, without limitation, the Licensed Asset, is protected by German and international copyright and other laws and treaties. As between you and OPENKRFT, OPENKRFT retains 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. All other rights, as between Licensee and OPENKRFT, are reserved by OPENKRFT. 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 License Agreement does not grant Licensee any rights to trademark or any other intellectual property rights (aside from copyright) in the Licensed Asset.
  2. Termination
    OPENKRFT may terminate this License Agreement at any time if Licensee breaches any of the terms of this or any other agreement with OPENKRFT, in which case Licensee must immediately: cease using the Licensed Asset; delete or destroy any copies; and, if requested, confirm to OPENKRFT 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 OPENKRFT’s request, Licensee agrees to remove any content from such platform.
  3. Content Withdrawal
    OPENKRFT may discontinue licensing the Licensed Asset at any time in its sole discretion. Upon notice from OPENKRFT, or upon Licensee’s knowledge, that a Licensed Asset may be subject to a claim of infringement of a third party’s right, OPENKRFT may require Licensee to immediately, and at Licensee’s own expense: cease using the Licensed Asset, delete or destroy any copies. OPENKRFT will provide you with replacement content (determined by OPENKRFT in its reasonable commercial judgment) free of charge, as its sole obligation, subject to the other terms of this License Agreement.
  4. Audit
    Upon reasonable notice, Licensee agrees to provide to OPENKRFT sample copies of projects or end uses that contain Licensed Asset, including by providing OPENKRFT with free of charge access to any platform where the Licensed Asset is reproduced. In addition, upon reasonable notice, OPENKRFT may, at its discretion, either through its own employees or through a third party, audit Licensee’s records directly related to this License Agreement. If any audit reveals an underpayment by Licensee to OPENKRFT of five percent (5%) or more of the amount Licensee should have paid, then in addition to paying OPENKRFT is entitled, you also agree to reimburse OPENKRFT for the costs of conducting audit.
  5. Disclaimer of Warranties
    Licensee’s use of the Licensed Asset is at Licensee’s own risk. The Licensed Asset is provided on an “AS IS” AND “AS AVAILABLE” BASIS, without any warranties of any kind, either express or implied. OPENKRFT hereby disclaims 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 cannot be excluded or limited under applicable law.
  6. Limitation of Liability
    In no event will OPENKRFT, 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 OPENKRFT for using specific material or any printing instructions or otherwise, even if foreseeable. In no event will the liability of OPENKRFT, its affiliates, employees, 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.
  7. Indemnification
    Licensee agrees to defend, indemnify, and hold harmless OPENKRFT, its affiliates, their respective employees and contractors 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 Licensee’s (or anyone acting on Licensee’s behalf) (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.
  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 this action accrues, otherwise, such cause of action or claim is permanently barred.
  9. Choice of Law and Forum
    All matters relating to 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 laws of Germany. 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 courts of Germany, although we retain the right to bring any suit, action or proceeding against Licensee for breach of this License Agreement in Licensee’s country of residence or any other relevant country. 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.
  10. Waiver and Severability
    No waiver by OPENKRFT of any term or condition set forth in this 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 OPENKRFT to assert a right or provision under this License Agreement shall not constitute a waiver of such right or provision.
    If any provision of this 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 Use, will continue in full force and effect.
  11. Modifications
    OPENKRFT may modify these License Terms by posting an updated version at https://cmmnthng.com or other OPENKRFT 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 OPENKRFT notifies Licensee of the changes and that they will apply retroactively (e.g., via email to the address on file).

END OF COMMERCIAL LICENCE TERMS