End User License Agreement

DAZ Productions, Inc. License Agreement

By accepting this EULA or by downloading or using the software you signify that you have read and agree to all the terms of this license agreement.

Preamble

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”. This End User License Agreement (“EULA”) is the agreement that governs User’s use of software, applications, images, figures, models, 3D mesh, geometry, systems, information, documentation, and the like (“Content”) obtained, consumed, or interacted with via User’s online DAZ store account. User’s current and continued purchase, access, download, and/or use of Content, is contingent upon User’s acceptance of this EULA.

User hereby indicates User’s complete and unconditional acceptance of all the terms and conditions of this EULA. This EULA constitutes the complete agreement between User and DAZ with regard to end-user license of Content except in the case User has a version of the EULA signed by both parties, in which case the signed agreement supersedes. This EULA supersedes and replaces any license agreement that was or will be presented at the time of content installation.

The online DAZ store offers for sale a license to Content owned by DAZ and/or a license to Content owned by 3rd-party published artists (“PA”). In this EULA, “DAZ Content” shall refer to content owned solely by DAZ; “PA Content” shall refer to content owned solely by a 3rd-party published artist; and “Content” shall refer to both DAZ Content and PA Content inclusively.

1.0 General License Agreement.

Content License. DAZ 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 Content duly obtained by payment of all applicable license fees.
License Fees. User agrees to pay DAZ, prior to or concurrent with delivery of the Content, the full license fee for use of the Content. User agrees to pay DAZ any and all applicable tax that is levied in conjunction with the purchase of the license for the Content whenever DAZ must collect and/or pay such taxes from or on behalf of User according to the applicable statutes and ordinances, as interpreted by the departmental authority of the taxing unit. Furthermore, User agrees to pay DAZ all costs, expenses, and attorney's fees expended by DAZ in the collection of the license fees and any applicable taxes, whether by filing a lawsuit or through arbitration.
Title and Ownership. The Content contains copyrighted and/or proprietary information protected by the laws of the United States and/or international laws and treaties. DAZ retains all rights in, title to, and ownership of the DAZ Content. The 3rd-party published artists retain all right in, title to, and ownership of the PA Content. User shall take all steps reasonably necessary to protect all ownership rights. DAZ gives no rights or warranties with regard to the use of any objects, names, trademarks, service marks, or works of authorship depicted in any Content.
Restrictions on Copying. The Content is provided for User's exclusive use. User does not have the right to provide the Content to others in any form or on any media except as set forth in this EULA. The Content may be copied in whole or in part for User’s exclusive use. Specifically, User may copy the Content onto the storage device of an unlimited number of computers. However, use of the Content on any of the computers to which User has installed the Content is for User’s exclusive use and no other individual or entity. Each individual must obtain his/her own license to use the Content.
Terms of Use. User may (i) access, use, copy and modify the Content in the creation and presentation of animations and renderings, and (ii) incorporate two dimensional images (including two dimensional images that simulate motion of three dimensional objects) derived from the Content in other works and publish, market, distribute, transfer, sell or sublicense such combined works; provided that User may not in any case: (a) separately publish, market, distribute, transfer, sell or sublicense any Content or any part thereof; or (b) publish, market, distribute, transfer, sell or sublicense renderings, animations, software applications, data or any other product from which any Content, or any part thereof, or any substantially similar version of the Content can be separately exported, or extracted into any re-distributable form or format. Subject to the foregoing limitations, and the rights, if any, of third parties in or to the objects represented by the Content, User may copy, distribute, and/or sell User’s animations and 2-D renderings derived from the Content. All other rights with respect to the Content and their use are reserved by DAZ and its PAs.
Notwithstanding the foregoing, DAZ wishes to encourage user expansion of the catalog of Content available to users. Therefore, User may also access, use, copy, and modify the Content stored on such computers in the creation of one or more derived or additional works provided that:
1. any derived or additional works are designed to require or encourage the use of Content available through the online DAZ store either by (i) requiring the use of such Content to function, or (ii) allowing only limited function when not used in conjunction with Content from the online DAZ store; and
2. upon receipt of a written request from DAZ, User will immediately cease any and all distribution of the derived works User has created from the Content licensed from DAZ, if DAZ has determined, at its sole discretion, that (i) the derived work is substantially similar to or is a clone of existing Content; or (ii) the derived work fails to require the use of Content available through the online DAZ store.
Physical images (3D-print, molded copy, CNC-routed copy, and the like) of Content or any art derived from the Content is permitted only by User’s purchase from DAZ, via the User’s online DAZ store account, permission to deliver User’s derived works (art), including necessary Content, to an entity that creates 3D-images in a physical medium. User may then deliver User’s art in file format to that 3rd-party to have physical images printed or created, up to the limitations set forth in the online DAZ Store as delineated on the purchase page associated with the permission product. These limitations govern (i) personal and/or commercial use of the physical, printed images; and (ii) the quantity of 3-D printed images allowed.
Other Restrictions. This EULA is User’s proof of License to exercise the rights granted herein and may be printed and retained by User. User shall not give, sell, rent, lease, sublicense, or otherwise transfer or distribute the Content on a temporary or permanent basis without the prior written consent of DAZ. User may not reverse engineer, de-compile, disassemble, or create derivative works from the Content except as set forth in Section E above. These restrictions do not pertain to rendered 2-D images or pre-rendered animations.
Protection and Security. User agrees that the Content is the property of and proprietary to DAZ and its PAs, and further agrees to protect the Content and all parts thereof from unauthorized disclosure and use by User’s agents, employees, associates, family members, customers, or any other 3rd party. User shall be exclusively responsible to ensure the selection, supervision, management, control, and use of the Content conforms to all terms of this EULA.
Export Restrictions. The Content 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 Content.
United States Government Restrictions Rights. If User is acquiring the Content on behalf of any unit or agency of the United States Government, the following provision applies--it is acknowledged that the Content and the documentation were developed at private expense and that no part is in the public domain and that the Content 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.,
224 S. 200 W, Suite 250, Salt Lake City, UT 84101.
Patent Copyright, and Trade Secret Indemnity. User agrees to indemnify DAZ and hold DAZ harmless 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 Content, or any portion thereof, in whatever form, or the exercise by User of any rights granted under this Agreement.
Infringement Warranty. DAZ warrants to the User that, to the best of its knowledge, the digital data comprising the Content do not infringe the rights, including patent, copyright and trade secret rights, of any third party, nor was the digital data unlawfully copied or misappropriated from digital data owned by any third party; provided, however, that DAZ makes no representation or warranty with respect to infringement of any third party's rights in any image, trademarks, works of authorship or object depicted by such Content.
Limited Warranty. DAZ warrants that the Content will perform substantially in accordance with the accompanying written materials for a period of seven (7) days from the date of payment of the license fees. Upon the return of the defective media (or data file) and a copy of the paid invoice, DAZ has the option to replace the media (or data file) or refund the license fees. In the event DAZ elects to refund the license fees, User's License to the Content is revoked and User warrants and agrees to return the Content to DAZ and to destroy any and all copies made of the Content. In no event shall DAZ'S liability exceed the license fee paid for licensing the Content. If the media was damaged by accident, abuse, or misapplication, DAZ shall have no obligation to replace the media or refund the license fees. All replacement media will be warranted for a like period of seven (7) days. There is no warranty after the expiration of the warranty period.
No other Warranties. DAZ disclaims all other warranties, express or implied, including but not limited to, any 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 content, and the accompanying written materials. In no event shall DAZ or its dealers, distributors, or suppliers be liable for any damages whatsoever, whether based on contract, tort warranty or other legal or equitable grounds, including, without 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 the content, even if DAZ has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to user.
No Liability for Hardware. User assumes complete responsibility for all hardware used in conjunction with the Content. DAZ shall not be responsible in any way for the non-performance or malfunction of any hardware.
Remedies.
1. Injunctive 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 DAZ shall impair or effect DAZ'S right to exercise the same. An extension of indulgence or forbearance (which must be in writing) shall not otherwise alter or effect DAZ'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 DAZ. 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 DAZ shall be entitled by right to an Injunction restraining the User from violating any of said provisions. User hereby acknowledges that DAZ has disclosed or will disclose to User valuable proprietary data set products, which are new and unique and give DAZ a competitive advantage in the marketplace; that DAZ 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 DAZ 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 or violative of any public interest or policy, and will not create a hardship greater than is necessary to protect the interest of DAZ.
2. Arbitration Remedies. Where international courts do not uphold the aforementioned injunctive remedies, User agrees that any and all controversies, claims, or disputes with DAZ shall be subject to binding arbitration to be held in the state of Utah administered by the Atlanta International Arbitration Society “ATLAS” in accordance with its rules then in effect. The Parties hereby agree that ATLAS may, at its sole discretion, designate a different meeting place that is determined by ATLAS to be beneficial to the arbitration. User agrees to waive any right to a trial by jury, including any statutory claims under local law. User further understands that this agreement to arbitrate also applies to any disputes that DAZ may have with User.
3. Procedure. User agrees that any arbitration will be administered by ATLAS and that the neutral arbitrator will be selected in a manner consistent with its international rules for the resolution of license disputes. User agrees that the arbitrator shall have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication and motions to dismiss and demurrers, prior to any arbitration hearing. User also agrees that the arbitrator shall have the power to award any remedies, including attorneys’ fees and costs, available under applicable law. User agrees to a 50%/50% split of any administrative or hearing fees charged by the arbitrator or ATLAS except that USER shall pay the initial filing fees for any disputes User initiates with DAZ. User agrees that the decision of the ATLAS arbitrator shall be in writing and shall be binding. User agrees that only where local courts will not uphold DAZ’s injunctive release (Section O paragraph (a) above), arbitration shall be the sole, exclusive and final remedy for any dispute between User and DAZ. Accordingly, except as provided for by this agreement, neither User DAZ will pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful company policy, and the arbitrator shall not order or require the company to adopt a policy not otherwise required by law which the company has not adopted.
General Provisions.
1. 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.
2. 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 Salt Lake County, State of Utah.
3. Further Information. Should User have any questions concerning any of the provisions of this Agreement, or if User desires to contact DAZ, please write:
  DAZ Productions, Inc., 224 South 200 West, Suite 250, Salt Lake City, UT 84101
  . If User needs technical support for a DAZ product, please call (801)983-6415. DAZ’s technical support hours are 9:00 a.m. to 5:00 p.m. M.S.T.
4. Trademark and Copyright. All DAZ 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.
5. Severability. If any part of this Agreement is found to be unenforceable, the other provisions shall remain fully valid and enforceable. It is the intention and agreement of the parties that all of the terms and conditions hereof be enforced to the fullest extent permitted by law. If a provision of this Agreement causing this Agreement to supersede a previous license agreement between DAZ and User is found to be unenforceable in whole or in part, the previous license agreement shall remain in full force and effect to whatever extent this Agreement does not supersede the previous license agreement.
Notice: DAZ Content that provides PDF and/or TIFF-LZW and/or GIF and/or Postscript-LZW and/or LZW graphics capabilities utilize technology covered by U.S. Patent No. 4,558,302, and all foreign counterparts ("Unisys Patent"). The license granted to the User hereunder permits the User to use the Unisys Patent in conjunction with the use of the Content only. Use of any other product or the performance of any other activity involving the compression/decompression technology covered by the Unisys Patent requires a separate license from Unisys Corporation. This DAZ Content contains software that is based in part on the work of the Independent JPEG Group (http://www.ijg.org/). This DAZ Content utilizes Zlib library compression technology that is proprietary to Jean-loup Gailly and Mark Adler (http://www.zlib.net/) copyright © 1995-2002.

2.0 Academic Addendum

The terms of this addendum 2.0 are in force only when the User has fully qualified as an academic or educational customer. User can request this qualification by contacting the DAZ sales team at [email protected] or via telephone at 801.983.6415.

Once the User has been notified in writing by DAZ that he/she qualifies as an academic or educational customer, the terms of this addendum 2.0 apply to all DAZ Content the User has licensed via their online DAZ store account. DAZ Content can be identified in the online DAZ store using the following criteria:

In the description field for the product, the DAZ icon appears:
When the User moves the mouse pointer over the icon, a text box appear with the words “DAZ Original”

The terms of this addendum 2.0 do not apply to PA Content the User has licensed via their online DAZ store account.

Use and re-use of DAZ Content for academic purposes.All terms of the General License apply with the following extensions:
- A single licensed copy of the DAZ Content is required for each Academic Effort (educational project, classroom instruction, demonstration, etc.) regardless of the number of computer systems or users required to achieve the Academic Effort; however, at the end of each Academic Effort (project, classroom instruction, demonstration, etc.) the DAZ Content must be uninstalled from all computer systems used in conjunction with the Academic Effort. The DAZ Content may be re-used (re-installed) for a subsequent Academic Effort provided it was uninstalled from all systems used in the previous Academic Effort.
- No commercial use of any kind can be made with the resulting work product from such Academic Efforts by any person or entity. All resulting work product must remain solely educational or academic and all copies of the work product, electronic or otherwise, must remain solely with the Academic Institution.

3.0 DAZ Commercial Real-time Addendum

The terms of this addendum 3.0 are in force only when User has purchased one of the following products from the online DAZ store:

Indy Game Developer License (sku: 12113)
Commercial Game Developer License (sku: 12479)
RawArt Commercial Game Developer License (sku: 12618)

The terms of this addendum 3.0 apply to all products the User has purchased via their online DAZ store account that can be identified in the online DAZ store using the following criteria:

In the description field for the product, the DAZ icon appears:
When the User moves the mouse pointer over the icon, a text box appear with the words “DAZ Original”
And if User has purchased RawArt Commercial Game Developer License (sku: 12618)
- View the product page in the online DAZ store, under the title of the product a field appears labeled “Shop more by:” and the field must be populated with the term “RawArt” and only the term “RawArt”

All Content that can be identified according to the above criteria shall hereinafter be referred to as “CRT Content”. The terms of this addendum 3.0 do not apply to any other Content the User has licensed via their online DAZ store account.

Modified Terms of Use. This section replaces Section 1.0 Paragraph E “TERMS OF USE” for CRT Content ONLY. User may also (i) incorporate, copy and modify the CRT Content which they have purchased from the DAZ online store in the creation and presentation of animations and renderings which may require access to the CRT Content by the User’s customer during electronic execution of the User’s application, and (ii) incorporate two dimensional images (including two dimensional images that simulate motion of three dimensional objects) derived from the Content in other works and publish, market, distribute, transfer, sell or sublicense such combined works; provided that User may not in any case: (a) separately publish, market, distribute, transfer, sell or sublicense any CRT Content or any part thereof; or (b) publish, market, distribute, transfer, sell or sublicense renderings, animations, software applications, data or any other product from which any CRT Content, or any part thereof, or any substantially similar version of the CRT Content can be separately exported, extracted, or de-compiled into any re-distributable form or format. Subject to the foregoing limitations, and the rights, if any, of third parties in or to the objects represented by the CRT Content, User may copy, distribute, and/or sell User’s animations and renderings derived from the CRT Content. All other rights with respect to the CRT Content and their use are reserved by DAZ and its PAs. User warrants and is responsible to ensure that the CRT Content used in the User’s application are not available to end users in their native formats and that every effort is made to protect the CRT Content from theft or copyright infringement by employing technology, asset protection, encryption or any other resources at User’s disposal.
Notwithstanding the foregoing, DAZ wishes to encourage user expansion of the catalog of CRT Content available to users. Therefore, User may also access, use, copy, and modify the CRT Content stored on such computers in the creation of one or more derived or additional works provided that:
1. any derived or additional works are designed to require or encourage the use of Content available through the online DAZ store either by (i) requiring the use of such Content to function, or (ii) allowing only limited function when not used in conjunction with Content from the online DAZ store; and
2. User hereby agrees that upon receipt of a written request from DAZ, to cease any and all distribution of the User’s art that User has created from the CRT Content if DAZ has determined, at its sole discretion, that (i) the art User has created from the CRT Content is substantially similar to or is a clone of existing Content; or (ii) the derived or additional works fail to require the use of Content available through the online DAZ store.
Physical images (3D-print, molded copy, CNC-routed copy, and the like) of Content or any art derived from the Content is permitted only by User’s purchase from DAZ, via the User’s online DAZ store account, permission to deliver User’s derived works (art), including necessary Content, to an entity that creates 3D-images in a physical medium. User may then deliver User’s art in file format to the 3rd-party to have physical images printed or created, up to the limitations set forth in the online DAZ Store delineated on the purchase page associated with the permission product. These limitations govern (i) personal and/or commercial use of the physical, printed images; and (ii) the quantity of 3-D printed images allowed.
Restrictions on separate sale of content within other works While incorporation of the Content into User’s applications is authorized as set forth above, User expressly agrees and acknowledges that any discrete sale of CRT Content separate from a purchase of the User’s application is allowable ONLY with express written consent of DAZ. Thus, for example, within the context of a game, the sale or purchase of the CRT Content, portions thereof, or either 2D or 3D derivatives thereof as a separately-purchased commodity or upgrade using items of actual or virtual worth is prohibited without prior written consent of DAZ. Written consent of DAZ may be sought at the address set forth herein.

DAZ Productions, Inc. 2013.

Contact information

DAZ Productions, Inc.
224 S 200 W, Suite #250
Salt Lake City, UT 84101

801.983.6415 - Phone
801.994.6032 - Fax
1.800.267.5170 - Phone (Toll Free Line)

[email protected] - Email
www.daz3d.com