End User License Agreement

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

By pressing the “Accept” button below, User hereby indicates User’s complete and unconditional acceptance of all the terms and conditions of this Agreement. This Agreement constitutes the complete agreement between User and DAZ with regard to User’s access, download, and/or use of Content except in the case User has a version of the Agreement signed by both parties, in which case the signed agreement will supersede this Agreement. Except for any signed agreement between DAZ and user, this agreement supersedes and replaces any other agreement that was or will be presented at the time of content installation.

If User does not agree to the terms of this Agreement, User must not select the “Accept” button below.

The online DAZ store offers for sale a license to Content owned or licensed by DAZ and/or a license to Content owned or licensed by third-party published artists (“PA”). In this Agreement, “DAZ Content” shall refer to Content owned solely by DAZ or to libraries licensed by DAZ; “PA Content” shall refer to Content owned solely by a third-party published artist or to libraries licensed to such third-party published artists; and “Content” shall refer to both DAZ Content and PA Content.

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, as provided in this Agreement.
  • 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 taxes that are 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. 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 and its library licensors retain all rights in, title to, and ownership of the DAZ Content. The applicable third-party published artists and their library licensors retain all rights in, title to, and ownership of the PA Content. 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 and User is solely responsible for separately obtaining all such necessary rights or consents that may be required for any particular use of objects, names, trademarks, service marks or works of authorship.
  • 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 Agreement. 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 owned or controlled by User. The Content is for User’s exclusive use and no other individual or entity. Each individual must obtain his or her own license to use the Content.
  • Terms of Use.

    Two Dimensional Works. Subject to the terms and conditions of this Agreement, User may (i) access, use, copy and modify the Content in the creation and presentation of two-dimensional animations and renderings, (ii) incorporate two dimensional images (including two dimensional images that simulate motion of three dimensional objects) derived by User from the Content in User’s other works, and (iii) publish, market, distribute, transfer, sell or sublicense User’s two-dimensional animations, renderings and other works; provided that User may not in any case publish, market, distribute, transfer, sell or sublicense any 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, extracted or de-compiled into any re-distributable form or format. All other rights with respect to the Content and its use are reserved by DAZ and its licensors.

    Three Dimensional Works. DAZ wishes to encourage the expansion of the catalog of Content available to its users. Accordingly, User may access, use, copy, and modify the Content to create one or more derived or additional three-dimensional works provided that:

    • any such derived or additional three-dimensional 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
    • upon receipt of a written request from DAZ, User will immediately cease any and all distribution of the derived or additional three-dimensional works User has created from the Content, if DAZ has determined, in its sole discretion, that (i) such additional or derived work is substantially similar to or is a clone of existing Content; or (ii) such additional or derived work fails to require or encourage the use of Content available through the online DAZ store as described above.

    The creation of three-dimensional physical images (3D-print, molded copy, CNC-routed copy, and the like) of Content or any three-dimensional art derived from the Content is permitted only by User’s purchase from DAZ, via the User’s online DAZ store account, of permission to deliver User’s derived works (art), including necessary Content, to an entity that creates three-dimensional images in a physical medium. User may then deliver User’s art in file format to that third party to have three-dimensional 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 purchased. These limitations govern (i) personal and/or commercial use of the three-dimensional physical or printed images; and (ii) the quantity of three dimensional physical or printed images allowed.

  • Other Restrictions. This Agreement 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 any 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.
  • Protection and Security. User agrees that the Content is the property of and proprietary to DAZ and its licensors, 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 third party. User shall be exclusively responsible to ensure the selection, supervision, management, control, and use of the Content conforms to all terms of this Agreement.
  • 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 part of any agency, department, or other entity of the United States Government (the “Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the Content is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Content is a “commercial item” and “commercial computer software”. In accordance with such provisions, any use of the Content by the Government shall be governed solely by the terms of this Agreement.
  • 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 that (i) any content or work created by User, or (ii) User’s use of any Content, infringes any third-party patent right, copyright or other intellectual property right, or misappropriates, or misuses any trade secret or other proprietary right, or any portion thereof, of any third party.
  • Infringement Warranty. DAZ warrants to the User that, to the best of its knowledge, the digital data comprising the DAZ Content developed and owned by DAZ, does not infringe the rights, including patent, copyright and trade secret rights, of any third party, nor was such 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 or in any Content developed by any of DAZ’s licensors.
  • Limited Warranty. DAZ warrants to the User that, to the best of its knowledge, the digital data comprising the DAZ Content developed and owned by DAZ, does not infringe the rights, including patent, copyright and trade secret rights, of any third party, nor was such 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 or in any Content developed by any of DAZ’s licensors.
  • No other Warranties. Except as expressly provided above, the content and all related documentation are provided on an “as is” and “as available” basis, without warranty of any kind, and DAZ hereby disclaims all other warranties, express, implied or statutory, including, but not limited to, any implied warranties of merchantability, non-infringement and fitness for a particular purpose, and any warranties arising from usage of trade or course of dealing or performance.  In no event shall DAZ or its dealers, distributors, officers, agents, employees, or suppliers be liable for any indirect, incidental, special, punitive, or consequential 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 content, even if DAZ has been advised of the possibility of such damages. In addition, in no event shall DAZ’ s cumulative liability hereunder exceed the license fees paid by user to DAZ for licensing the content.  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 interests of DAZ.
    2. Arbitration Remedies. Any dispute arising out of or relating to this Agreement, or a breach thereof, shall be determined by arbitration administered by the American Arbitration Association in accordance with its International Arbitration Rules. Any such arbitration shall take place exclusively in Salt Lake City, Utah and the language of the arbitration shall be English. The arbitration shall be conducted by a single arbitrator and the decision of the arbitrator shall be final, conclusive and binding on the parties. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. DAZ and User shall each pay one-half of the costs and expenses of any arbitration, and the substantially non-prevailing party, as determined by outcome of the arbitration, shall be liable for both parties’ attorneys’ fees and costs. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction for injunctive or other equitable relief without breach of this arbitration provision.
  • 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. This Agreement and the relationship of DAZ and User is governed by the laws of the State of Utah, without regard to its conflict of law provisions and without regard to the United Nations Convention on Contracts for the International Sale of Goods.
    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 trademarks or registered trademarks 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.
    6. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by User, but may be assigned by DAZ without restriction.
    7. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or User’s use of the Content must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    Notice: 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 © 1995-2012.

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 by submitting a help ticket 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: DAZ Icon
  • 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.

  1. 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 applicable 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:

  • Indie 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 his/her 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: DAZ Icon
  • 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.

  • Modified Terms of Use. This section replaces Section 1.0 Paragraph E “TERMS OF USE” for CRT Content ONLY.

    Two Dimensional Works. Subject to the terms and conditions of this Agreement, User may (i) incorporate, copy and modify the CRT Content in the creation and presentation of two-dimensional 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 by User from the CRT Content in User’s other two-dimensional works, and (iii) publish, market, distribute, transfer, sell or sublicense such two-dimensional animations, renderings and other works; provided that User may not in any case: publish, market, distribute, transfer, sell or sublicense any 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. All other rights with respect to the CRT Content and its use are reserved by DAZ and its licensors. User warrants and is responsible to ensure that the CRT Content used in User’s applications 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.

    Three Dimensional Works. DAZ wishes to encourage the expansion of the catalog of Content available to its users. Accordingly, User may access, use, copy, and modify the Content to create one or more derived or additional three-dimensional works provided that:

    • any such derived or additional three-dimensional works are designed to require or encourage the use of CRT Content available through the online DAZ store either by (i) requiring the use of such CRT Content to function, or (ii) allowing only limited function when not used in conjunction with CRT Content from the online DAZ store; and
    • upon receipt of a written request from DAZ, User immediately ceases any and all distribution of the art that User has created from the CRT Content, if DAZ has determined, in its sole discretion, that (i) such art is substantially similar to or is a clone of existing Content; or (ii) such derived or additional work fails to require the use of Content available through the online DAZ store.

    The creation of three-dimensional physical images (3D-print, molded copy, CNC-routed copy, and the like) of Content or any three-dimensional art derived from the Content is permitted only by User’s purchase from DAZ, via the User’s online DAZ store account, of permission to deliver User’s derived works (art), including necessary Content, to an entity that creates three-dimensional images in a physical medium. User may then deliver User’s art in file format to the third-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 purchased. These limitations govern (i) personal and/or commercial use of the three-dimensional physical or printed images; and (ii) the quantity of three-dimensional printed images allowed.

  • While incorporation of the CRT 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 two-dimensional or three-dimensional 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.

4.0 Forum and Gallery Submissions Addendum

This Forum and Gallery Submissions Addendum to License Agreement (the “Addendum”) is a legal and binding agreement between you, hereinafter also referred to as the “User”, and DAZ Productions, Inc., hereinafter also referred to as “DAZ”. User and DAZ are parties to that certain License Agreement accepted by User upon creating a user account at daz3d.com (“Agreement”). The Agreement is hereby expressly supplemented by the terms and conditions contained in this Addendum.

The Agreement, as supplemented by this Addendum, applies to and governs the rights and duties of the parties hereto with respect to images, text, video, and other materials uploaded by User, or by an authorized representative of User, to any of the websites, social media accounts, blogs or other Internet-based sites or accounts owned or operated by DAZ (collectively, the “Sites”). Such images, text, video, and other materials shall be collectively referred to hereinafter as the “User Creative”.

By pressing the “Accept” button below or by uploading User Creative to any of the Sites, User hereby indicates User’s complete and unconditional acceptance of all the terms and conditions of the Agreement and this Addendum. The Agreement and this Addendum together constitute the entire agreement between User and DAZ with respect to the User Creative.

If User does not agree to the terms of the Agreement and this Addendum, User must not select the “Accept” button below or upload any User Creative to the Sites.

  • License to Use the User Creative. User hereby grants to DAZ a worldwide, royalty-free, non-exclusive license to use the User Creative (“Right to Use”) as follows:
    • to store, backup, copy, transfer, publicly display and exhibit the User Creative, or any part of the User Creative, digitally, as well as through other mediums such as print or video, including, but not limited to, displaying the User Creative on any of the DAZ Sites; and
    • to modify, adapt, change or otherwise alter the User Creative, or to incorporate the User Creative into one or more combined work(s) with images, text, video, or other materials submitted by other DAZ users or with other elements (each a “Combined Work”).
  • Ownership. Under this Addendum, DAZ acquires only a right to use the User Creative pursuant to the terms hereof, and does not acquire any title or ownership of the User Creative. Except as provided in this Addendum, User retains all rights in, title to, and ownership of the User Creative. Other than its rights in the User Creative, User shall have no right, title, ownership or other interest in any Combined Work.
  • Term and Termination of the Right to Use.
    • Term. The term of this Addendum shall begin on the date that any User Creative is first uploaded to any of the Sites and shall continue thereafter until DAZ’s Right to Use is terminated for all User Creative pursuant to Section 3.(b).
    • Termination. Either User or DAZ may terminate the Right to Use the User Creative, or any part thereof, at any time, with or without cause, by providing a written notice of termination to the other party (each a “Notice of Termination”), which notice shall identify the User Creative, or part thereof, for which the Right to Use shall be terminated. A termination by User of DAZ’s Right to Use under this Section 3.(b) shall become effective on the date that is thirty (30) days after DAZ’s receipt of the applicable Notice of Termination.
    • Effect of Termination. Within fourteen (14) days after termination of DAZ’s Right to Use under Section 3.(b), DAZ shall remove the applicable User Creative from the Sites, and from all Combined Works. The Agreement shall survive any expiration or termination of the Addendum in accordance with the terms of the Agreement. Sections 2, 3.(c), and 4-7 of this Addendum shall survive any termination or expiration of the Agreement, the Addendum or DAZ’s Right to Use.
  • Representations and Warranties. User hereby represents and warrants that:
    • User has the full right and power to enter into this Amendment and to grant DAZ the Right to Use the User Creative pursuant to the terms and conditions of the Agreement and this Addendum.
    • User has obtained consent from all persons whose image, likeness, name, identity or other personal attributes are contained in the User Creative to use such image, likeness, name, identity or personal attributes in the User Creative.
    • The User Creative does not infringe, misappropriate or violate any rights of any third party, including, but not limited to, any trademark, copyright, patent, trade secret, right of privacy or publicity, moral rights or other similar rights.
    • The User Creative does not violate any law, statute, ordinance or regulation.
    • The User Creative is not defamatory, libelous, threatening, pornographic, obscene, harmful to minors, and does not violate child pornography or child sexual exploitation laws.
    • The User Creative does not contain any spyware, adware, ransom-ware, rootkit, key-logger, virus, trojan, worm, or other code or mechanism designed to damage, collect information from or provide unauthorized access to or control of DAZ’s Sites, networks or other computer systems (“DAZ’s Systems”), or which may restrict DAZ’s ability to access, monitor and control DAZ’s Systems.
    • Indemnification. User shall indemnify and hold DAZ harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to (i) any actual or alleged infringement, misappropriation or violation by the User Creative of a trademark, copyright, patent, trade secret, right of privacy or publicity, moral rights or other right of any third party; or (ii) any breach by User of the representations and warranties contained in Section 4. This Section shall survive any expiration or termination of the Agreement or this Addendum.
    • DAZ's Performance. Notwithstanding any other provision of the Agreement or this Addendum, DAZ makes no commitment or warranty, and has no obligation to ensure, that the User Creative, or any part thereof, will appear on the Sites. Additionally, DAZ has the right, in its sole discretion, at any time and without notice to User, to remove the User Creative or any part of the User Creative from the Sites.
    • No Liability for Third Party Use. User acknowledges and agrees that (i) the DAZ Sites are accessible to the public through the Internet; and (ii) DAZ cannot and does not warrant that the User Creative will be protected from unauthorized access, copying or downloading. Accordingly, the parties agree that DAZ will not be liable for any third-party use of the User Creative unless such use is expressly authorized in writing by DAZ.

Please feel free to contact us with any questions:

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
 
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