I can see where there’s a misunderstanding now.
The End User licence agreement (EULA) defines the rights and limits of the ownership and usage of the digital media or assets.
It’s part of the “product” you’ve purchased, ..It;s the Licence to use the Digital part of the product, EG the models or software.
As is part of every product installer, which you need to read, and accept, before you can install the Digital media or software.
So, you’re paying money (electronically) for that (Digital) product, and the licence to possess it, and use it, under the terms of the licence agreement.
So,.. Daz3D “Sell” you the Complete Product.
that’s how they make money, and all other software retailers “Sell” you products, either digital, or physical, and if they’re physical products,. then there would be shipping and handling concerns,. which is not relevant here ,..and not part of any terms of sale unless shipping and handling costs, are offered as part of the “product”.
The EULA does not define which specific product you’ve purchased, or for what price.
that’‘s defined in the way the product is offered you for sale.
When you go to the store,. you’re presented with the images of the product , a description of the product , and the price.
The product description was Carrara 8.5 beta. But .. Which version ? .. do I get a Full PRO serial number. ?
that wasn’t clear,
The content’s of what was being offered for sale was unclear,..
Q: Does it include the Carrara Native Content, and all the C8 Pro Bundle software ?
As the product was clearly being sold as a Beta version,.. but was presumably still in development,..
What happens with this version I’m buying now, when the serial number expires, or the next beta version is released ?
those terms were not clear,. at the point of sale. (checkout)
The terms of sale, ,,,,What product is being offered to me, for sale, and at what price,
As for Product upgrades and updates, Daz3D are exceptional in allowing access to your purchase history to re-download the latest version of a product you’ve previously purchased, and at no additional cost.
That highlight the first part of the agreement you quoted,
“This License is the entire agreement between DAZ3D and the User, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement.”
If you’re re-downloading the latest version of a product you’ve previously purchased,. then the Licence you’re agreeing to NOW,.. supersedes that original “older” licence.
..and we grant the user a license to use the Product in accordance with the terms of this License.”
If you agree and follow the terms,.. the licence is valid,.
if you do not agree, or otherwise break the terms,.. the licence is no longer valid.
the Warranty exceptions to liability for Daz3D are common to all licence agreements. but obviously differently worded for each company or purpose.
I’m in no way suggesting that any company or individual on this planet or any other, at any time, is either directly or indirectly responsible or in any way liable for any event which may have occurred or may ............
in simple terms if you spill your coffee on your shirt, it’s not the fault of the coffee manufacturers.
if you install software on to your computer and break something, it’s not our fault
but again this all relates to the “Usage Licence” agreement which allows you to use the 3D models or software, .
and it’s what you’re paying for, as part of the overall “Product” which is being “sold” to you in the store.
Obviously,. what products you choose to purchase in the store, is your choice. but….
The way the product is presented to you,..
The Images on a page, with a description of the contents, and the price of that item.
Together, those elements provide the customer with the terms under which that product is being offered to them for sale.
You get this thing,. for this amount of money.
The customer has an unwritten expectation that the product will be what they’ve been show (as seen) or, and as described.
There’s also the expectation that the product will contain everything that was described., will work as intended, and is being sold as fit for purpose.. Note: these are expectations.. but,. it’s an expectation which is shared by the retailer or manufacturer..
It’s in any companies interest to ensure that the products which they offer for sale are fit for purpose,.
and that the terms under which they present them for sale are clear, at the time of transaction.
Daz3D have great product testers, and everything the store is checked, and tested before it’s released for sale.
That’s why seeing the beta , appear in the store, suddenly for sale,.. was so unusual.
I would have expected an announcement from Daz, and perhaps a sale or special offer to announce the fact that the beta was available for sale.,
As it turns out,. it’s no longer available,.
so it’s a moot point now,.
but,.. hopefully it’s clearer that there’s a difference between the “Licence” to use the 3D models or software, (what you’re paying for)
Which is different from the way the product is presented to the customer, for sale, (what am I getting for my money)