End-User License Agreement for Digital Studio Content (EULA)

This End-User License Agreement (hereinafter "EULA") applies to all digital content you obtain through the official Tebex webstore of Nobody Workz (e.g. FiveM MLOs, scripts, 3D assets, clothing and character models, map and world components, audio, material and texture packs and related documentation; hereinafter "Content"). It supplements our General Terms and Conditions (GTC) and applies in addition to the terms of use of the Tebex webstore.

§ 1 Parties, scope

(1) Licensor is Nobody Workz – Michael Gloe & Lukas Eberle GbR, Bahnhofstraße 1, 92521 Schwarzenfeld, Germany (hereinafter "Licensor"). Licensee is the natural or legal person who acquires the Content through the Tebex webstore (hereinafter "Licensee").

(2) This EULA applies exclusively to Content created by the Licensor and distributed via the official Tebex webstore https://shop.nobodyworkz.eu. It does not apply to third-party content or content from unofficial sources; any use of such content is at the Licensee''s own risk, and the Licensor accepts no warranty, liability or support for it.

§ 2 Copyright, ownership

(1) All Content is protected by copyright. All copyright, related rights and other intellectual property rights remain with the Licensor or its rights holders. By purchasing, the Licensee acquires only the rights of use described in this EULA, not the Content itself.

(2) Trademarks, logos, lettering and designs embedded in the Content are subject to trademark, competition or other commercial protection rights and may only be used within the granted rights.

(3) Own-IP assurance: The Licensor assures that the Content distributed via the Tebex webstore consists entirely of own developments and does not include third-party trademarks (e.g. real-world car, fashion or media brands), logos or protected designs, unless this is expressly marked in the respective product description.

§ 3 Granted right of use (standard license)

(1) Subject to full payment of the purchase price, the Licensor grants the Licensee a simple, non-exclusive, non-transferable, non-sublicensable, time- and territory-unlimited right to use the purchased Content exclusively for the following purposes:

a) Use on a single server setup of the Licensee (e.g. one FiveM server or a coherent server infrastructure continuously operated by the Licensee). Where multiple logically or organisationally separate server setups are operated (e.g. several communities, brands or independent servers), a separate license shall be acquired per setup unless otherwise agreed in the product description.

b) Adjustment and configuration of the Content exclusively for the Licensee''s own productive use within the licensed setup. Modifications that are reflected directly in a publication must be marked as a derivative of the original.

c) Display in the game environment to the Licensee''s end users (players).

(2) Commercial use in the sense of operating a paid game/community offering is permitted under the standard license, provided that the Content itself is not sold, rented, lent or otherwise made available as a stand-alone product.

(3) Extended license forms (e.g. multi-server license, reseller license, whitelabel license) are only available by way of separate written agreement with the Licensor and only become effective upon the Licensor''s explicit confirmation in text form.

§ 4 Prohibited uses

The Licensee is in particular prohibited from:

a) passing on, reselling, renting, lending, sublicensing, hosting or otherwise making the Content or parts thereof available to third parties outside the licensed use;

b) publishing, posting or streaming complete source files (e.g. .ymap, .ytyp, .ydr, .lua, .js, .blend, .fbx, .psd) in a form that enables third parties to download or reuse them;

c) removing, obscuring or modifying copyright notices, watermarks, license marks or embedded markers of the Licensor;

d) reverse engineering or decompiling, unless mandatorily permitted by law (Sec. 69e UrhG);

e) using the Content in pornographic, violence-glorifying, hateful, youth-endangering, terrorist or unlawful contexts or to promote malware;

f) making the Content available via so-called "leak" platforms, file-sharing services, Discord servers, GitHub repositories or comparable sources that enable third-party access.

§ 5 Updates, bugfixes, support

(1) The Licensor provides updates and bugfixes for the Content as far as feasible. There is, however, no claim to updates, particular functionalities or permanent availability unless explicitly promised in the product description.

(2) Support is provided exclusively for Content obtained from the official Tebex webstore with a valid license. There is no claim to support for unofficial copies, tampered versions or Content obtained from third-party sources.

§ 6 Tebex webstore, conclusion of contract, payment

(1) Content is acquired exclusively through the official Tebex webstore at https://shop.nobodyworkz.eu. The Licensor is registered as a regular Tebex vendor; registration as a Cfx.re Server Asset Vendor (Asset Escrow / Server Asset Portal) is currently not in place. Tebex Limited (United Kingdom) acts as an independent controller for sales processing. The Tebex terms and its privacy notices apply in addition.

(2) The license agreement with the Licensor is concluded upon order confirmation by the Tebex webstore. By downloading or activating the Content, the Licensee confirms acknowledgement and applicability of this EULA.

§ 7 Right of withdrawal for digital content

For digital content not delivered on a physical data carrier, the right of withdrawal expires under Sec. 356 (5) BGB if performance of the contract has begun, the Licensee has expressly consented to performance starting before the end of the withdrawal period, the Licensee has confirmed knowledge of the expiry of the right of withdrawal and the Licensor has provided a confirmation thereof. We actively obtain this consent during the order process.

§ 8 Anti-piracy notice, evidence preservation

(1) The Licensor reserves the right to provide Content technically with watermarks, identifiers or telemetry markers in order to trace license violations and unauthorised passing-on. Evaluation takes place only on a case-by-case basis where there is reasonable suspicion of a license violation and serves exclusively the preservation of evidence.

(2) In the event of proven license violations, the Licensor reserves all civil and criminal remedies, in particular injunctive relief, information, damages and destruction claims under Sec. 97 et seqq. UrhG.

§ 9 Liability, warranty

(1) The Licensor is liable in accordance with §§ 10 et seqq. of our GTC. The liability provisions of the GTC apply accordingly to this EULA.

(2) Warranty is granted in accordance with statutory provisions. The Licensor warrants that, when properly used within the standard license, the Content does not infringe third-party rights to the extent within the Licensor''s sphere of responsibility.

§ 10 Termination of the license

(1) The Licensor may terminate the license with immediate effect for cause, in particular for persistent or serious violations of § 4 or of the GTC/AUP.

(2) Upon termination of the license, the Licensee must immediately delete all copies of the Content and cease all further use. The right to claim damages remains unaffected.

§ 11 Final provisions

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection of mandatory provisions of the law of the country of the consumer''s habitual residence.

(2) In case of conflict between this EULA and the Licensor''s GTC, the more specific provisions of this EULA shall prevail for the respective Content.