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IMPORTANT NOTICE – PLEASE READ CAREFULLY
This End User License Agreement (“Agreement”) is a legal agreement between you (either an individual or a single legal entity) and the Licensor, governing your use of the EmoteLab software application, including any associated documentation and materials (collectively, the “Software”).
By installing, copying, accessing, or otherwise using the Software, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement.
If you do not agree to any term of this Agreement, do not install or use the Software.
“Agreement” means this EmoteLab End User License Agreement and any subsequent revisions thereto.
“Software” means the software product named “EmoteLab” provided by the Licensor, including its computer programs, associated media, documentation, updates, upgrades, and any accompanying online services.
“Licensor” / “We” means the developer, publisher, or other lawful rights holder of the Software.
“User” / “You” means any individual or single legal entity that installs, accesses, or uses the Software.
“Built-in Assets” means all preset models, character parts (such as hairstyles, clothing, accessories), animation sequences, image assets, materials, sound effects, and other digital content provided with the Software and originally created and owned by the Licensor or its partners. Such assets constitute an integral part of the Software.
“User Content” means any static images, animations, video files, or related project files created, generated, or exported by the User through use of the Software, including but not limited to mixing, adjustment, and export functions.
“Third-Party Assets” means any animation models, character parts, image assets, or other digital content not provided by the Licensor and instead created, obtained, or imported by the User from third parties.
“Third-Party Sharing Platforms” means online platforms or features not operated by the Licensor that allow Users to publish, share, or obtain User Content or Third-Party Assets.
“Output” means the final files exported by the User from the Software and stored on the User’s local device, such as PNG images or animated GIFs.
You may not make the Software available as a software-as-a-service (SaaS), hosted service, time-sharing service, or otherwise provide access to the Software to third parties as part of a commercial service where the Software itself is the core value.
The license granted to you is subject to the following restrictions. You shall not:
All rights, title, and interest in and to the Software, including but not limited to all intellectual property rights therein, are owned by the Licensor or its lawful rights holders. Any rights not expressly granted to you under this Agreement are reserved by the Licensor.
Nothing in this Agreement shall be construed as granting, by implication or otherwise, any license or right not expressly granted herein.
This Agreement does not grant you any rights to use the Licensor’s trademarks, service marks, logos, domain names, or other brand features.
The Software allows Users to import Third-Party Assets that meet specific format requirements. Such models are not part of the Software. Their licensing, quality, legality, and security are the sole responsibility of the provider or the User. The Licensor assumes no responsibility for any Third-Party Assets.
The Licensor grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Built-in Assets solely for the purpose of creating Output through the Software, including for personal or commercial use.
This license does not grant you ownership of the Built-in Assets themselves or any underlying character designs, animation data, or original artistic elements. You may not distribute, sell, license, or otherwise make available any Built-in Assets on a standalone basis or in a manner that allows extraction of the original assets.
5.2 Similarity Disclaimer
You acknowledge that due to the limited quantity and combination of Built-in Assets, User Content created by different users may appear visually similar. Such similarity does not constitute infringement of any intellectual property rights, and no user may assert claims solely based on such similarity.
5.3 Rights in Output
You retain all rights in the final Output you create using the Software, including the right to use such Output for commercial purposes.
For the avoidance of doubt, ownership of Output does not grant you ownership of the Built-in Assets or any component thereof, nor does it grant you the right to claim authorship over the original asset designs.
5.4 No Exclusive Rights or Claims
You may not register trademarks, design patents, or other exclusive rights based on User Content created with Built-in Assets if such registration would restrict other users from normal use of the same Built-in Assets.
5.5 Attribution and Good Faith Use
You acknowledge that the Built-in Assets incorporate original artistic contributions, including character designs and animation data, created by artists, animators, and the Licensor, who retain applicable moral rights.
When Output created using Built-in Assets is presented in public displays, commercial proposals, commissioned work, client-facing materials, or other contexts where the circumstances may reasonably lead third parties to believe that the underlying character artwork or animation was independently created by you, you must provide clear and reasonable attribution indicating that the Output was created using EmoteLab and its Built-in Assets.
You shall not explicitly or implicitly misrepresent that you independently created the Built-in Assets or their underlying designs or animation data.
5.6 Commercial Use Distinction:
This Agreement does not prohibit direct commercial use of Output, such as emotes for live streaming channels or graphics on merchandise. However, if such commercial activities involve representing to clients or potentially misleading clients into thinking that you personally created the original character artwork or the underlying animation data, you must comply with the attribution and good faith obligations above.
5.7 Consequences of Breach and Licensor Responses
Violation of this attribution and good faith use section constitutes a material breach of this Agreement. In response to such breach, the Licensor may, at its discretion, take reasonable measures, including but not limited to service restrictions, license termination, or issuing clarifications on relevant platforms where appropriate.
Nothing in this section shall be construed as imposing any obligation on the Licensor to monitor user activity or to take any specific action.
5.8 Generative AI Restrictions
Unless explicitly stated otherwise in the accompanying documentation, asset descriptions, or other materials provided by the Licensor, the Built-in Assets included in the Software are not licensed for use in training, fine-tuning, or developing generative artificial intelligence models, including but not limited to image generation models.
Where the Licensor explicitly indicates that certain Built-in Assets may be used for such purposes, such permission applies only to the specifically identified assets and only under the stated conditions.
5.9 Responsibility for Unauthorized Use
You acknowledge that use of the Built-in Assets in violation of the licensing terms set forth in this Agreement may infringe the rights of third-party contributors or licensors.
Any claims, disputes, or liabilities arising from such unauthorized use, including but not limited to claims asserted by original asset creators, shall be solely your responsibility. To the extent permitted by applicable law, the Licensor shall not be liable for any such claims, and you agree to indemnify and hold the Licensor harmless from any resulting losses or damages.
You acknowledge that Third-Party Assets are not part of the Software. The Licensor does not review, endorse, or assume responsibility for their legality, safety, accuracy, quality, or potential infringement. You use such assets entirely at your own risk.
Compliance with Original Licenses:
Before using any Third-Party Assets, you are responsible for verifying and strictly complying with all license terms, usage restrictions, and attribution requirements imposed by the original author or provider.
Warranty and Indemnification:
You represent and warrant that you have obtained all necessary rights to use any Third-Party Assets. You agree to indemnify and hold harmless the Licensor from any claims arising from your use of such assets.
The features, content, and design of the Software may change significantly during Early Access based on community feedback. You are solely responsible for backing up your project files and Output. The Licensor provides no guarantees regarding performance, data integrity, or error correction during Early Access.
The Licensor does not warrant that the Software will meet your requirements, operate without interruption or error, or that defects will be corrected.
In no event shall the Licensor’s total liability to you exceed the amount you paid for the Software.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
Upon termination, you must immediately cease all use of the Software and destroy all copies in your possession or control.
The Licensor reserves the right to modify this Agreement at any time. Continued use of the Software after modifications constitutes acceptance of the revised Agreement.
Any dispute arising out of or related to this Agreement or the Software shall be submitted to the people’s court with jurisdiction at the Licensor’s place of domicile.
The original version of this Agreement is written in Chinese.
This End User License Agreement (“Agreement”) is a legal agreement between you (either an individual or a single legal entity) and the Licensor, governing your use of the EmoteLab software application, including any associated documentation and materials (collectively, the “Software”).
By installing, copying, accessing, or otherwise using the Software, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement.
If you do not agree to any term of this Agreement, do not install or use the Software.
1. Definitions
For the purposes of this Agreement, the following terms shall have the meanings set forth below:“Agreement” means this EmoteLab End User License Agreement and any subsequent revisions thereto.
“Software” means the software product named “EmoteLab” provided by the Licensor, including its computer programs, associated media, documentation, updates, upgrades, and any accompanying online services.
“Licensor” / “We” means the developer, publisher, or other lawful rights holder of the Software.
“User” / “You” means any individual or single legal entity that installs, accesses, or uses the Software.
“Built-in Assets” means all preset models, character parts (such as hairstyles, clothing, accessories), animation sequences, image assets, materials, sound effects, and other digital content provided with the Software and originally created and owned by the Licensor or its partners. Such assets constitute an integral part of the Software.
“User Content” means any static images, animations, video files, or related project files created, generated, or exported by the User through use of the Software, including but not limited to mixing, adjustment, and export functions.
“Third-Party Assets” means any animation models, character parts, image assets, or other digital content not provided by the Licensor and instead created, obtained, or imported by the User from third parties.
“Third-Party Sharing Platforms” means online platforms or features not operated by the Licensor that allow Users to publish, share, or obtain User Content or Third-Party Assets.
“Output” means the final files exported by the User from the Software and stored on the User’s local device, such as PNG images or animated GIFs.
2. License Grant
Subject to your compliance with this Agreement, the Licensor grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software on your devices for personal or commercial purposes.You may not make the Software available as a software-as-a-service (SaaS), hosted service, time-sharing service, or otherwise provide access to the Software to third parties as part of a commercial service where the Software itself is the core value.
The license granted to you is subject to the following restrictions. You shall not:
- Copy, reproduce, distribute, redistribute, modify, adapt, or create derivative works of the Software;
- Rent, lease, lend, sell, resell, license, sublicense, transfer, or otherwise make the Software or any rights under this Agreement available to others;
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software;
- Remove, alter, or obscure any proprietary notices, labels, or markings on the Software;
- Use the Software for any unlawful purpose or in violation of applicable laws or regulations;
- Use the Software in a manner that infringes the intellectual property rights of others;
- Use the Software in any way that could damage, disable, overburden, or impair any servers or networks connected to the Software;
- Attempt to gain unauthorized access to any part of the Software or related systems or networks.
3. Intellectual Property Rights
The Software is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. The Software is licensed, not sold.All rights, title, and interest in and to the Software, including but not limited to all intellectual property rights therein, are owned by the Licensor or its lawful rights holders. Any rights not expressly granted to you under this Agreement are reserved by the Licensor.
Nothing in this Agreement shall be construed as granting, by implication or otherwise, any license or right not expressly granted herein.
This Agreement does not grant you any rights to use the Licensor’s trademarks, service marks, logos, domain names, or other brand features.
4. Third-Party Components
The Software may include third-party software components subject to separate license terms, including but not limited to:- Unity engine and related technologies
- Spine Runtime
- Other open-source or third-party libraries
The Software allows Users to import Third-Party Assets that meet specific format requirements. Such models are not part of the Software. Their licensing, quality, legality, and security are the sole responsibility of the provider or the User. The Licensor assumes no responsibility for any Third-Party Assets.
5. Built-in Assets
5.1 License to Use Built-in AssetsThe Licensor grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Built-in Assets solely for the purpose of creating Output through the Software, including for personal or commercial use.
This license does not grant you ownership of the Built-in Assets themselves or any underlying character designs, animation data, or original artistic elements. You may not distribute, sell, license, or otherwise make available any Built-in Assets on a standalone basis or in a manner that allows extraction of the original assets.
5.2 Similarity Disclaimer
You acknowledge that due to the limited quantity and combination of Built-in Assets, User Content created by different users may appear visually similar. Such similarity does not constitute infringement of any intellectual property rights, and no user may assert claims solely based on such similarity.
5.3 Rights in Output
You retain all rights in the final Output you create using the Software, including the right to use such Output for commercial purposes.
For the avoidance of doubt, ownership of Output does not grant you ownership of the Built-in Assets or any component thereof, nor does it grant you the right to claim authorship over the original asset designs.
5.4 No Exclusive Rights or Claims
You may not register trademarks, design patents, or other exclusive rights based on User Content created with Built-in Assets if such registration would restrict other users from normal use of the same Built-in Assets.
5.5 Attribution and Good Faith Use
You acknowledge that the Built-in Assets incorporate original artistic contributions, including character designs and animation data, created by artists, animators, and the Licensor, who retain applicable moral rights.
When Output created using Built-in Assets is presented in public displays, commercial proposals, commissioned work, client-facing materials, or other contexts where the circumstances may reasonably lead third parties to believe that the underlying character artwork or animation was independently created by you, you must provide clear and reasonable attribution indicating that the Output was created using EmoteLab and its Built-in Assets.
You shall not explicitly or implicitly misrepresent that you independently created the Built-in Assets or their underlying designs or animation data.
5.6 Commercial Use Distinction:
This Agreement does not prohibit direct commercial use of Output, such as emotes for live streaming channels or graphics on merchandise. However, if such commercial activities involve representing to clients or potentially misleading clients into thinking that you personally created the original character artwork or the underlying animation data, you must comply with the attribution and good faith obligations above.
5.7 Consequences of Breach and Licensor Responses
Violation of this attribution and good faith use section constitutes a material breach of this Agreement. In response to such breach, the Licensor may, at its discretion, take reasonable measures, including but not limited to service restrictions, license termination, or issuing clarifications on relevant platforms where appropriate.
Nothing in this section shall be construed as imposing any obligation on the Licensor to monitor user activity or to take any specific action.
5.8 Generative AI Restrictions
Unless explicitly stated otherwise in the accompanying documentation, asset descriptions, or other materials provided by the Licensor, the Built-in Assets included in the Software are not licensed for use in training, fine-tuning, or developing generative artificial intelligence models, including but not limited to image generation models.
Where the Licensor explicitly indicates that certain Built-in Assets may be used for such purposes, such permission applies only to the specifically identified assets and only under the stated conditions.
5.9 Responsibility for Unauthorized Use
You acknowledge that use of the Built-in Assets in violation of the licensing terms set forth in this Agreement may infringe the rights of third-party contributors or licensors.
Any claims, disputes, or liabilities arising from such unauthorized use, including but not limited to claims asserted by original asset creators, shall be solely your responsibility. To the extent permitted by applicable law, the Licensor shall not be liable for any such claims, and you agree to indemnify and hold the Licensor harmless from any resulting losses or damages.
6. Third-Party Assets
Use at Your Own Risk:You acknowledge that Third-Party Assets are not part of the Software. The Licensor does not review, endorse, or assume responsibility for their legality, safety, accuracy, quality, or potential infringement. You use such assets entirely at your own risk.
Compliance with Original Licenses:
Before using any Third-Party Assets, you are responsible for verifying and strictly complying with all license terms, usage restrictions, and attribution requirements imposed by the original author or provider.
Warranty and Indemnification:
You represent and warrant that you have obtained all necessary rights to use any Third-Party Assets. You agree to indemnify and hold harmless the Licensor from any claims arising from your use of such assets.
7. Early Access Status
You acknowledge that the Software is currently provided as an “Early Access” version and may contain bugs, incomplete features, or instability. You use the Early Access version at your own risk.The features, content, and design of the Software may change significantly during Early Access based on community feedback. You are solely responsible for backing up your project files and Output. The Licensor provides no guarantees regarding performance, data integrity, or error correction during Early Access.
8. No Warranties
The Software is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or title.The Licensor does not warrant that the Software will meet your requirements, operate without interruption or error, or that defects will be corrected.
9. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Licensor be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the use of or inability to use the Software, including but not limited to loss of profits, loss of data, loss of goodwill, or other intangible losses, regardless of the theory of liability, even if the Licensor has been advised of the possibility of such damages.In no event shall the Licensor’s total liability to you exceed the amount you paid for the Software.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
10. Termination
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any term of this Agreement.Upon termination, you must immediately cease all use of the Software and destroy all copies in your possession or control.
11. Updates and Modifications
The Licensor may, at its discretion, provide updates, upgrades, or modifications to the Software. Unless accompanied by a separate license agreement, such updates shall be governed by this Agreement.The Licensor reserves the right to modify this Agreement at any time. Continued use of the Software after modifications constitutes acceptance of the revised Agreement.
12. Export Restrictions
You acknowledge that the Software may be subject to export restrictions. You agree to comply with all applicable international and national laws and regulations regarding export control.13. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of Mainland China, excluding its conflict of law principles.Any dispute arising out of or related to this Agreement or the Software shall be submitted to the people’s court with jurisdiction at the Licensor’s place of domicile.
14. Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision shall be limited or removed to the minimum extent necessary so that the remaining provisions remain in full force and effect.15. Language Version
This Agreement may be provided in multiple language versions. In the event of any inconsistency or discrepancy between language versions, the Chinese version shall prevail.The original version of this Agreement is written in Chinese.
16. Entire Agreement
This Agreement constitutes the entire agreement between you and the Licensor regarding the Software and supersedes all prior or contemporaneous oral or written communications, proposals, or representations.17. Contact Information
If you have any questions regarding this Agreement, please contact the Licensor through the contact information provided with the Software or on the official website.18. Acknowledgment
By installing or using the Software, you acknowledge that you have read and understood this Agreement and agree to be bound by its terms and conditions. You also agree that this Agreement constitutes the complete and exclusive statement of the agreement between you and the Licensor regarding the Software.