License agreement

Last Updated: 2021.11.1

In accordance with the "License Agreement" (hereinafter referred to as the "Agreement," which includes all existing content and future amendments), Taiwan Creative Content Agency ("TAICCA" or "we") hereby explains to you (hereinafter referred to as the "Member" or "You") how You can use the digital models (hereinafter referred to as the "Model") You obtained from Digital Asset licensing service (hereinafter referred to as the "Service") on the Digital Asset Library website (URL: , hereinafter referred to as the "Website") and the fee You shall pay for using the Model (hereinafter referred to as "Royalty"). By paying the Royalty and downloading the Model from the Website, You acknowledge that You understand and agree to all the contents of the Agreement. We recommend carefully reading the Agreement in full before using the Service.

1. Purchase Plans
(1) In principle, the "purchase plans" provided by the Service refer to a "single purchase." Members shall pay the Royalty to TAICCA for using the Model in accordance with each individual purchase plan subject to the licensing terms and restrictions of use of the Agreement.

(2) Please contact us if You have any special purchasing and service requirements (such as the need for bulk purchases or when the licensing plans cannot meet your needs).

2. Licensing Terms

Unless the licensing terms are otherwise specified on the Website (such as in the free of charge section of the Creative Commons), the use of such Model shall comply with the specified terms and conditions. For Members who have purchased the Model in accordance with the Agreement, we will grant the right to use the Model according to the following provisions:

(1) Forms of licensing: We grant a non-exclusive right to the Member who may use the Model in accordance with the Agreement.

(2) Licensed area: Global.

(3) License period: Except for instances where your payment is not completed, canceled, or where You fail to comply with the Agreement, or where TAICCA has to withdraw the Model due to a third-party infringement claim over the copyright of such Model and attaches a final court decision or a document to the same effect, we grant you the permanent right to use the Model.

3. Restrictions of Use

(1) Any transfer, sub-license, and permitted third party use (including, but not limited to, public transmission, publishing, distribution, lease, lending, selling Model files, and reproducing the Model files on various electronic devices and issuing, distributing, leasing, lending, selling such electronic devices to any third party) in any way is prohibited.

(2) If the Model becomes a derivative or similar work after modification, adjustment, etc., such circumstances shall not affect the rights related to the Model. Your use of the Model shall still comply with this Agreement.

(3) If the Model is made up of several other Models that have been combined, pieced together, assembled, etc., to form a collective Model, the related rights of the collective Model shall still belong to TAICCA since it does not significantly alter the nature of the Model.

(4) If You wish to use the Model as a part of your derivative works, You shall utilize proprietary formats and measures to prevent any third party from accessing or importing the Model in a publicly available software application to prevent any third party from obtaining the individual files of the Model. Regarding the aforementioned proprietary format and measures, TAICCA may provide additional instructions on the Website.

(5) You may not use the Model in the following ways:
A. As part of a database.
B. As part of logos such as trademarks, design patterns, trade names, company names, and symbols.
C. Other behaviors that degrade or infringe TAICCA's rights, reputation or are otherwise detrimental to TAICCA.
D. Violations of public order or good morals (such as pornography, racism, terrorism, etc.), defamation of the reputation of others, infringement of the rights of third parties' intellectual property rights, or violation of laws and regulations.
E. Other uses identified by TAICCA as inappropriate.

(6) Other restrictions of use announced by TAICCA.

4. Price, Payments, and Refunds

(1) Please refer to the price list of each Model on the Website provided by TAICCA for details on the Royalties. We reserve the right to adjust the Model prices according to the actual operations as appropriate.

(2) Method of payment

A.Credit card
(a) If You choose to pay for the Service (including, but not limited to, various fees charged by the Service such as Royalties) with a credit card, the credit card-related information You provide to the Website will only be used for the purpose of confirming the validity of the credit card and obtaining transaction authorization from the issuing financial institution. Providing such information does not mean that the payment has been completed, nor that the transaction between you and TAICCA has been completed or the contract between you has been validly established. TAICCA reserve the right to freely accept or refuse your purchase order.
(b) Before we accept your purchase order, You do not have to make any payment. TAICCA will not request any credit card payment, and such payment will not appear in your credit card statement.

(3) Refund details

A. The licensing of the Model falls into the scope of "the supply of digital content which is not supplied on a tangible medium, or online services which would be fully performed once begun" as defined in Article 2 of the Regulations on Reasonable Matters as Exceptions to Rescind the Distance Sales. By purchasing the Model and paying the Royalties, You have agreed that the 7-day unconditional refund policy as defined in Article 19 of the Consumer Protection Act does not apply to the licensing of the Model. You may not ask for a refund from us on such basis.
B. If You are unable to download the Model or the Model files are damaged or the Model cannot be accessed due to reasons attributable to TAICCA after payment, please contact us as soon as possible. We will try to resolve any issues or handle the relevant refund procedures as soon as possible.

5. Details Related to Intellectual Property Rights

(1) You have obtained the right to use the Model in accordance with the Agreement. However, this does not mean that you have obtained the intellectual property rights or other rights related to the Model.

(2) Regarding the rights to use the Model that You have purchased, unless otherwise expressly provided in the Agreement, all rights related to the Model belong to TAICCA or the provider of the Model. You may use the Model without acknowledgment of the name of the author, however, you may not claim to be the right holder of the Model.

6. Obligation and Guarantee Clause for Members

(1) If a Member is subject to a lawsuit or claim from any third party due to the use of the Model, You shall notify us in writing within [3] days after the dispute occurs, and provide relevant information in accordance with our instructions to facilitate the handling and resolution of such matters.

(2) If You may potentially damage TAICCA 's rights and interests due to a violation of the Agreement or other regulations of the Website or Member's behaviors, we may suspend your right to use the Model and take reasonable measures to protect its rights.

(3) If You are in violation of any of provisions in the Agreement, TAICCA may request You to take immediate improvement actions or necessary measures to prevent further damages to TAICCA. Where a Member fails to make improvements or take appropriate measures within a given period after being notified, TAICCA may take necessary measures to resolve such matters.

(4) Some Models contain images, trademarks, symbols, logos, brand names, intellectual property, and other materials owned by third party right holders. Prior to using the Model, You must confirm whether the use of the Model will involve the rights of third-party right holders and whether it is necessary to obtain licensing from the third-party right holder.

7. Limitations on Liability

(1) TAICCA does not guarantee the availability, authenticity, quality, suitability for specific purposes and commercial value of the Model, nor does it guarantee the accuracy and integrity of the Model.

(2) TAICCA does not provide any guarantee regarding the size, materials, physical strength, weight, durability, design or law compliance of the construction of the Model.

(3) Provided that You have not breached the Agreement or other regulations of the Website (including, but not limited to, the Terms of Use of the Website), if you are subject to a third-party law suit or claim due to the use of the Model for reasons attributable to TAICCA, TAICCA shall be liable for damages incurred to the extent of the Royalty You paid.

(4) Notwithstanding the provisions in the preceding paragraph, if you are subject to a third-party lawsuit or claim under any of the following circumstances, TAICCA shall not be liable for any damages.
A. such Models provided by TAICCA are free of charge;
B. the Model was modified or altered;
C. You failed to use the Model in accordance with our instructions;
D. You failed to notify TAICCA in writing within the specified period after being subject to a third-party lawsuit or claim;
E. You failed to fulfill your obligation to assist TAICCA in handling the litigation or related disputes;
F. where You disagree with TAICCA's decision to settle, defend or otherwise handle the lawsuit or related disputes;
G. where You made the decision to settle or made any commitment to a third party on your own accord.

8. Indemnity for Losses and Damages

If You fail to comply with the provisions of the Agreement resulting in damages to us, You shall be liable for damages to TAICCA (including, but not limited to, attorney fees, litigation costs, compensation, settlement, interest and other expenses). In addition, You have an obligation to assist TAICCA in resolving relevant disputes in a timely manner.

9. Transfer and Assignment

Without the prior written consent of TAICCA, You may not assign the rights and obligations under the Agreement to a third party, or allow a third party to inherit such rights and obligations or use such rights and obligations as collateral.

10. Termination or Cancellation

(1) If You violate the Agreement or any other regulations of the Website (including, but not limited to, the Terms of Use of the Website) causing damages to TAICCA, TAICCA may terminate or cancel the Agreement and the licensing rights to use the Model.

(2) If TAICCA chooses to terminate or cancel the Agreement and the licensing of the Model for any reason, You shall cease all use of the Model immediately, and delete and destroy the Model files (including any copies). If necessary, TAICCA may request to be informed in writing that you have complied with the aforementioned obligations.

11. Miscellaneous

(1) If any provision of the Agreement is deemed invalid, unlawful, or unenforceable, such provision shall not affect the validity, legality, and enforceability of any other provision of the Agreement. The other provisions shall remain unaffected and in full force.

(2) Matters not specified in this Agreement may be supplemented by a separate written agreement negotiated by the Parties in good faith.

(3) The Agreement does not establish You as TAICCA 's agent, nor does it form any agency, franchise or other similar relationship between You and TAICCA.

(4) The title of each clause of the Agreement is for convenience purposes and shall not serve as interpretations for the content of the Agreement. The rights and obligations of the Parties shall be determined by the actual content of each clause.

(5) This Agreement shall be governed by and construed in accordance with the laws of the Republic of China. The Parties shall resolve any disputes arising from or related to the Agreement through negotiations based on the principle of good faith, taking into consideration public interests, fairness, and reasonableness. Should litigation become necessary, the parties agree that the Taipei District Court shall be the court of first instance.

12. Translated Versions

The Agreement has been translated into other languages for convenience purposes. Where contradictions exist between the Chinese version and other languages, the Chinese version shall prevail.