Professional Documents
Culture Documents
Terms and Conditions
Terms and Conditions
This Product License Agreement ("Agreement") is made and entered into as of the day
it was bought by and between:
Emstories who created the 200 Characters for Animation whose real name is
embedded to the Characters ("Licensor")
WHEREAS, Licensor is the creator and copyright owner of this product (the
"Characters, Moho files, Tutorials and all the files within this product except the moho
scripts whose owners are provided inside the product"); and
WHEREAS, Licensee desires to obtain a license to use this Product for animation
purposes (the "Animations");
1. Definitions
"Licensee" means any individual or entity that has lawfully purchased a license to use
the Product from Licensor.
2. Grant of License
3. Restrictions on Use
Distributing or Selling the Characters or Other files not granted to share in Section 2
(“Grant of License”), in whole or in part, to any third party for any purpose, including but
not limited to, commercial or non-commercial use.
Sub-licensing any rights granted under this Agreement (except as provided in Section
6).
Intentionally removing the Unique Code Embedded to the Characters.
4. Product Ownership
Licensor retains all right, title, and interest in and to the Characters and All files created
by the Licensor, including all intellectual property rights.
5. Copyright Infringement
In the event that Licensee or Any Person or Any Company violated Section 3
(“Restrictions on Use”), Licensee shall be Penalize by One of the Following, Depending
on the Breach they made:
Penalty: None
Penalty: All the rights granted under this Agreement upon such distribution shall be
forfeited at the time he/she violated it. Additionally all the actions made by the licensor
to prevent the violator to use this product again are legal.
3) Violation: Distributing or Selling less than 25 percent of the Characters or Other files
not granted to share in Section 2 (“Grant of License”).
Penalty: All the rights granted under this Agreement upon such distribution shall be
forfeited at the time he/she violated it. Additionally all the actions made by the licensor
to prevent the violator to use this product again are legal.
4) Violation: Distributing or Selling more than 25 percent of the Characters or Other files
not granted to share in Section 2 (“Grant of License”), in whole or in part, to any third
party for any purpose, including but not limited to, commercial or non-commercial use,
or Sub-licensing any rights granted under this Agreement (except as provided in Section
6), or Intentionally removing their Unique Code or Using it Illegally (this Includes
individuals who are not a licensee or a former licensee who are still using this product
after their rights are forfeited)
Penalty: All the Characters and All the Moho Files (“The 200 or 100 Characters plus the
Files which are considered to be a single Unit”) created by the licensor which are
included in the package they bought or use, must be subject to Copyright Infringement
(“meaning the violator must pay the Copyright infringement for each characters and
other files stated above”). The Violator must Pay the Licensor the Liquidated Damages
with each amounts are approved by the Governing Law. Additionally, Licensee shall
forfeit all rights granted under this Agreement upon such distribution and all the actions
made by the licensor to prevent the violator to use this product again are legal.
6. Transfer of Rights
Licensee may transfer the rights granted under this Agreement to a single family
member (the "Successor") or one of his/her family member (the “Successor”) may
inherit the rights granted under this Agreement. The Successor shall be bound by all the
terms and conditions of this Agreement.
This Agreement shall commence on the day the licensee bought the product and shall
continue for the lifetime of the original Licensee (or the Successor, if applicable). This
Agreement may be terminated According to the Violations stated in Section 5
(“Copyright Infringement”).
8. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to
the subject matter hereof and supersedes all prior or contemporaneous
communications, representations, or agreements, whether oral or written.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the
State of the Philippines or other Country in which the Violation has been committed.
10. Severability