Commercial (and educational) use
Updated November 5, 2010

Muvizu is a 3D animation application linked to a web-based service which enables people to collaborate on their creative projects. It is made by Digimania Ltd., based at 70, Mitchell Street, Glasgow, UK, G1 3LX, (“Digimania”).


Education

Muvizu, is free for educational use and you may include it in your school’s curriculum. Educational institutions may use Muvizu under our "free for educational and non-commercial use" policy.

We have adopted this policy because we think that Muvizu is a great tool for teaching languages, bringing literature and history to life and for role-play in many subjects and learning environments.

Another reason for this free policy is because we reckon that pupils and students will also want to use Muvizu outside school or college to produce content to post on YouTube and similar sites.

Commercial

If you intend to use Muvizu in your business, or to sell services or training in connection with that business, or distribute materials you've created using Muvizu, or use Muvizu in any way to generate revenue, directly or indirectly, in addition to your agreeing to the Muvizu EULA, you must also sign a Muvizu Commercial Use Licence Agreement.

Note also that if content you have created using Muvizu is posted, broadcast or distributed anywhere via any medium and subsequently generates revenues for you or any third party - and Muvizu-related revenue includes, but is not limited to, monies earned from sales, services, training, advertisements, sponsorships, endorsements, memberships, subscription fees, rentals, royalties, production fees and profits whether they be calculated on a net or gross basis - you must notify Muvizu of this and you, and any third party involved, must pay 20% of such revenues to Muvizu (although this percentage is negotiable in certain cases and is likely to reduce as revenues increase). Failure to notify Muvizu of such revenues or failure to pay Muvizu its 20% entitlement, or otherwise as contractually agreed between you and Muvizu, may result in legal action being taken against you.

There are a number of potential commercial scenarios which may arise and which may require a Commercial Use Licence.

1. If you are using Muvizu internally within your business, say for training purposes, and the content you create with it is not distributed to a third party (i.e., someone who does not work for you, either as a staff member or otherwise), you would be likely to pay Digimania a licence fee of £500 a year if your company employs 10 people or fewer, £1,000 a year if your company employs 11 to 30 people, and £2,500 a year for 31 to 60 employees. These figures are indicative/notional only - and for companies employing hundreds or thousands please get in touch with us at commerical@muvizu.com

2. If you are creating content using Muvizu for sale or distribution to a third party or client, a different licence arrangement shall apply. In this case, you must account to and pay to Digimania 20% of any fees, income or revenue earned and received from such Muvizu-related sales or distribution, after you shall have paid any third-party fees and expenses which may have arisen in respect of the creation of Muvizu content but which fees and expenses should not in any event exceed £5,000 without the approval of Muvizu. Muvizu-related revenue includes, but is not limited to, monies earned from sales, services, training, advertisements, sponsorships, endorsements, memberships, subscription fees, rentals, royalties, production fees and profits whether they be calculated on a net or gross basis.

3. In the event that Muvizu decides to exploit, sell or distribute, across any media, medium or format, any original content created by you using Muvizu materials from the Muvizu website, or Muvizu produces further content based on the original content created by you, a different licence arrangement shall apply. In this case, Digimania agrees to account and pay to you 20% of any fees, income or revenue earned and received from such Muvizu-related sales or distribution, after Muvizu shall have paid any reasonable third-party fees and expenses which may have arisen in respect of the creation of Muvizu content. Muvizu-related revenue includes, but is not limited to, monies earned from sales, services, training, advertisements, sponsorships, endorsements, memberships, subscription fees, rentals, royalties, production fees and profits whether they be calculated on a net or gross basis.

NB

The figures presented here are indicative/notional only; the actual terms for commercial use will be negotiated and agreed individually for each case.

The royalty percentages in 2 and 3 above are likely to be the subject of change over the course of the exploitation of any content, i.e. after the initial exploitation of content, it is common that the percentage entitlement is reduced by 10% for each subsequent sales cycle up to a maximum of 10%.

The above potential commercial scenarios are examples only of a few of many potential commercial uses of Muvizu; for instance, a company whose business it is to train employees of other companies, rather than produce training materials for those companies to use in house, is not dealt with here. The scale of the business and the extent to which Muvizu-created content is used in the overall training programmes being sold would inform the terms of any individual licence deal.

The Muvizu Commercial Use Licence may be used by an individual or a company. If an unincorporated team wants to use it, we'd recommend that you set up a simple company or partnership for your venture before you get in touch with us. If that's too complicated for your needs, then choose one of your number to get in touch and take responsibility as an individual for executing the licence and fulfilling its terms.

If you are under 18 years old, we will not enter into a licence agreement with you, but you may always get a parent or guardian to take up a licence and accept responsibility for it on your behalf.

For further questions about Muvizu commercial use and for a copy of the Commercial Use Licence Agreement, email commerical@muvizu.com with all relevant details of the content in question and we will forward a copy of a draft licence for your consideration.

Advertising enquiries

Should you wish to advertise on the Muvizu website, or if you have similarly commercial designs on the 3D application itself (and believe us, those would have to be incredibly good), email us at commercial@muvizu.com and we’ll get back to you.