DAZ Studio Win32 3.1.2.32

EULA - End User License Agreement

DAZ Productions, INC. LICENSE AGREEMENT
By using the software you signify that you have read and agree to all the terms of the license
agreement.
AGREEMENT. THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU,
HEREINAFTER ALSO REFERRED TO AS "USER", AND DAZ PRODUCTIONS, INC.,
HEREINAFTER ALSO REFERRED TO AS "DAZ 3D". BY INSTALLING THIS PROGRAM OR
USING THESE 3-D APPLICATION(S), MOTIONS, TEXTURE MAP(S), BUMP MAP(S) OR ANY
OTHER 3D RELATED PRODUCTS, HERINAFTER REFERRED AS 3-D APPLICATION(S), (OR
AUTHORIZING ANY OTHER PERSON TO DO SO), YOU INDICATE YOUR COMPLETE AND
UNCONDITIONAL ACCEPTANCE OF ALL THE TERMS AND CONDITIONS OF THIS
LICENSE AGREEMENT. THIS LICENSE AGREEMENT CONSTITUTES THE COMPLETE
AGREEMENT BETWEEN YOU AND DAZ3D. IF YOU DO NOT AGREE TO THE TERMS OF
THIS LICENSE AGREEMENT, YOU MAY DESTROY THE INSTALLED PROGRAM PACKAGE
(WITH ALL ACCOMPANYING MATERIALS). YOU MUST DELETE THEM FROM YOUR
COMPUTER AND FROM ANY BACKUP DEVICES THAT YOU MAY HAVE USED.
1. 3-D PROGRAM LICENSE. DAZ3D grants to User and User hereby accepts, subject to
the limitations and obligations of this Agreement, a personal non-exclusive, non-transferable
License to use the 3-D Application(s), together with all accompanying written materials
(collectively referred to as "3-D Application(s)").
2. TITLE AND OWNERSHIP. Notice is hereby given that the 3-D Application(s) contains
copyrighted and/or proprietary information protected by the laws of the United States.
DAZ3D retains all rights in, title to, and ownership of the 3-D Application(s). User shall take
all steps reasonably necessary to protect DAZ3D'S ownership rights.
3. LICENSE FEES. DAZ3D agrees to provide the 3-D Application at no charge.
4. COPYING RESTRICTIONS. The 3-D Application(s) may be copied in whole or in part for
User's exclusive use. Unauthorized copying of the 3-D Application(s) is expressly forbidden.
DAZ 3D
12637 Sourth 265 West
Suite 300
Draper, UT 84020
T 801.495.1777
F 801.495.1787
TF 800.267.5170
info@daz3d.com
www.daz3d.com
User expressly agrees to include DAZ3D'S (and third parties, if any) copyright notice(s) and
proprietary interest(s) on all copies of the 3-D Application(s), in whole or in part, in any form,
including data form, made by User in accordance with this Agreement. The 3-D Application
(s) is provided for User's exclusive use. User does not have the right to provide the 3-D
Application(s) to others in any form or on any media.
5. TELLWARE. This application is considered tellware. The user is required to tell two other
people where to download this application (www.daz3d.com) in order to install and or use it.
6. OTHER RESTRICTIONS. This Agreement is your proof of License to exercise the rights
granted herein and must be retained by you. User shall not give, sell, rent, lease, sublicense,
or otherwise transfer or dispose of the 3-D Application(s) on a temporary or permanent basis
without the prior written consent of DAZ3D. DAZ3D'S 3-D Application(s) and/or contracts
are non-transferrable and shall only be used by the Licensed User. User may not reverse
engineer, decompile, disassemble, or create derivative works from the 3-D Application(s).
These restrictions do not pertain to rendered images or pre-rendered animations.
7. PROTECTION AND SECURITY. User agrees not to disclose, publish, release, transfer, or
otherwise make available the 3-D Application(s), or any portion thereof, in any form, to any
person, without prior written consent from DAZ3D. User agrees that the 3-D Application(s) is
the property of and proprietary to DAZ3D, and further agrees to protect the 3-D Application
(s) and all parts thereof from unauthorized disclosure and use by its agents, employees, or
customers. User shall be exclusively responsible for the selection, supervision, management,
control, and use of the 3-D Application(s). User agrees to utilize its best efforts to see that its
employees or any other user of the 3-D Application(s) complies with the terms and conditions
of this Agreement and refrains from taking any steps, such as reverse assembly or reverse
compilation, to derive a source code equivalent of the 3-D Applications.
8. EXPORT RESTRICTIONS. The 3-D Application(s) may be subject to the export controls
of the United States Departments of State and Commerce and User agrees to fully comply
with all applicable United States export regulations governing export, destination, ultimate
end user, and other restrictions relating to the 3-D Applications.
DAZ 3D
12637 Sourth 265 West
Suite 300
Draper, UT 84020
T 801.495.1777
F 801.495.1787
TF 800.267.5170
info@daz3d.com
www.daz3d.com
9. UNITED STATES GOVERNMENT RESTRICTED RIGHTS. If you are acquiring the 3-D
Application(s) on behalf of any unit or agency of the United States Government, the following
provision applies--It is acknowledged that the 3-D Application(s) and the documentation
were developed at private expense and that no part is in the public domain and that the 3-D
Application(s) and documentation are provided with restricted rights. Use, duplication, or
disclosure by the Government is subject to restrictions as set forth in Subparagraph (c)(1)(ii)
of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or
Subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48
CFR 52.227-19, as applicable. Contractor/Manufacturer is DAZ Productions, INC., 1350 E.
Draper Parkway, Draper, UT 84020.
10. PATENT, COPYRIGHT, AND TRADE SECRET INDEMNITY. User agrees to indemnify
and hold harmless DAZ3D against all liability resulting from or related to any claim of patent
or copyright infringement, misappropriation, or misuse of trade secrets or other proprietary
rights based upon the use by User of the 3-D Application(s), or any portion thereof, in
whatever form, or the exercise by User of any rights granted under this Agreement.
11. LIMITED WARRANTY. DAZ3D warrants that the 3-D Application(s) will perform
substantially in accordance with the accompanying written materials for a period of thirty (30)
days from the date of receipt.
12. NO OTHER WARRANTIES. DAZ3D DISCLAIMS ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM
USAGE OF TRADE OR COURSE OF DEALING OR PERFORMANCE, WITH RESPECT TO
THE 3-D APPLICATION(S), AND THE ACCOMPANYING WRITTEN MATERIALS. IN NO
EVENT SHALL DAZ3D OR ITS DEALERS, DISTRIBUTORS, OFFICERS, AGENTS,
EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER
BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL OR EQUITABLE
GROUNDS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER
PECUNIARY LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE 3-D
APPLICATION(S), EVEN IF DAZ3D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
DAZ 3D
12637 Sourth 265 West
Suite 300
Draper, UT 84020
T 801.495.1777
F 801.495.1787
TF 800.267.5170
info@daz3d.com
www.daz3d.com
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
13. NO LIABILITY FOR HARDWARE. User assumes complete responsibility for all hardware
used in conjunction with the 3-D Application(s). DAZ3D shall not be responsible in any way
for the non-performance or malfunction of any hardware used in conjunction with the 3-D
Application(s), nor for any damages whatsoever arising out of the use of any hardware.
14. INDEMNIFICATION. User shall defend, indemnify, and hold DAZ3D harmless from any
actions, claims, or proceedings with respect to the 3-D Application(s) or other provisions of
this Agreement.
15. REMEDIES. The remedies provided herein shall not be deemed exclusive, but shall be
cumulative and shall be in addition to all other remedies provided by law and equity. No
delay or omission in the exercise of any remedy herein provided or otherwise available to
DAZ3D shall impair or effect DAZ3D'S right to exercise the same. An extension of
indulgence or forbearance (which must be in writing) shall not otherwise alter or effect
DAZ3D'S rights or obligations nor be deemed to be a waiver thereof. The parties hereto
agree that breach of any provisions of non-disclosure, secrecy, confidentiality, copying, use,
protection, and security in this Agreement by User will cause immediate and irreparable
damage and injury to DAZ3D. Each of the parties confirms that damages at law may be an
inadequate remedy for breach or threatened breach of any such provisions. The parties
agree that in such event DAZ3D shall be entitled by right to an Injunction restraining the User
from violating any of said provisions. User hereby acknowledges that DAZ3D has disclosed
or will disclose to User valuable proprietary data set products, which are new and unique and
give DAZ3D a competitive advantage in the marketplace; that DAZ3D intends to use such
information to expand its business throughout the world; and that a violation of any of the
provisions of this Agreement is material and important and DAZ3D shall, in addition to all
other rights and remedies available hereunder, at law or otherwise, be entitled to a Temporary
Restraining Order and an Injunction to be issued by any court of competent jurisdiction
enjoining and restraining User from committing any violation of said provisions, and User shall
consent to the issuance of such Injunction. User acknowledges that the remedies provided
for in this Agreement are not injurious to nor violative of any public interest or policy, and will
not create a hardship greater than is necessary to protect the interest of DAZ3D.
DAZ 3D
12637 Sourth 265 West
Suite 300
Draper, UT 84020
T 801.495.1777
F 801.495.1787
TF 800.267.5170
info@daz3d.com
www.daz3d.com
16. GENERAL PROVISIONS.
a. Costs and Expenses of Enforcement. In the event of the failure of either party hereto
to comply with any provisions of this Agreement, the defaulting party shall pay any and all
costs and expenses, including reasonable attorneys' fees arising out of or resulting from
such default (including any incurred in connection with any appeal), incurred by the injured
party in enforcing its rights and remedies, whether such right or remedy is pursued by filing a
lawsuit or otherwise.
b. Governing Law, Jurisdiction, and Venue. This Agreement is governed by the laws of
the State of Utah. Jurisdiction and venue for the enforcement of this Agreement shall be
found exclusively in the courts within Utah County, State of Utah.
c. Further Information. Should you have any questions concerning any of the provisions
of this Agreement, or if you desire to contact DAZ3D, please write: DAZ Productions, INC.,
1350 E. Draper Parkway, Draper, UT 84020. If you need technical support for a DAZ3D
product, please call (801) 495-1777. Our technical support hours are 9:00 a.m. to 5:00 p.m.
M.S.T.
d. Trademark and Copyright. All DAZ3D products are trademarks or registered
trademarks of DAZ Productions, INC. All other brand and product names are trademark or
registered trademark of their respective holders.
DAZ Productions, INC., 2005.