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Sanctum Art's Phenotypes... MIA?

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  • Serene NightSerene Night Posts: 17,704

    Thats good to know that Content Paradise sells stuff not usable for commercial use. I will have to review the User Agreements for content I buy from them. Fortunatley, that is not much.

  • mrposermrposer Posts: 1,134

    I bought Horde and Havoc back in Jan. 2011 from Sanctum Art website for $83.00. I can't believe that I only have a non-commercial usage (my only possible commercial usage would be contests with prizes anyway). I looked at everything I downloaded and installed and I don't see a EULA document or even a link to one in the documentation or readme's. I googled and could find nothing about their old EULA either. What a bummer.

  • Richard HaseltineRichard Haseltine Posts: 108,327
    mrposer said:

    I bought Horde and Havoc back in Jan. 2011 from Sanctum Art website for $83.00. I can't believe that I only have a non-commercial usage (my only possible commercial usage would be contests with prizes anyway). I looked at everything I downloaded and installed and I don't see a EULA document or even a link to one in the documentation or readme's. I googled and could find nothing about their old EULA either. What a bummer.

    There must be an EULA somewhere - without one you don't have any rights to use the item at all.

  • SiennaBlueSiennaBlue Posts: 224

    WOW!  I appreciate all the replies and help everyone.  What a mess!

    @Arien-Thank you for the extra details.  I remember when that happened with the "Creatures of the Deep" because I bought it.  I asked for a refund and deleted it because Stonemason hadn't meant for it to be PC.  Later, it DID become PC and I repurchased it.  I don't remember that with Havoc, though.

    @icprncss-I did find the readme and it doesn't say anything about commercial use only, but I don't think I want to risk it now.

    @LindaB-I'm sorry you had to go through that.  It doesn't sound right, but I think you made the right decision.

    @mrposer-That's a lot of money.  I'm glad I'm only out a few dollars and sorry you are out much more and can't use them the way you intended.

    I'm not even going to render Havoc "for fun."  This all leaves a really bad taste in my mouth.  The product just isn't worth the grief and I'm really glad I asked about this.  Once again, I thank everyone who responded.  Perhaps I'll pick up the Baryolax and it's expansion.  Seems to be a good time to do that.  wink

  • FirstBastionFirstBastion Posts: 8,049
    edited October 2015

    I also bought them when they were here at DAZ and they still look good after all these years. This is the DAZ readme that accompanies the product files purchased from DAZ. 

    havoc-readmeshort.jpg
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    Post edited by FirstBastion on
  • SiennaBlueSiennaBlue Posts: 224

    @FirstBastion-Yep, that's what I have, too.  Have you ever used them in anything commercial?  Wait...maybe you shouldn't say either way.  Thanks for posting that, though.

  • Serene NightSerene Night Posts: 17,704

    I'm not buying from pas who do this or get too convuluted with usage terms. 

  • FirstBastionFirstBastion Posts: 8,049
    edited October 2015

    Let me start off by saying,  I believe in Intellectual Property Rights.  The Creator of the product  grants the license to use or sells the rights to another for use. 

    The reason I posted the readme is it show that for the Havoc product, in the DAZ Original field it says "YES"

    in contrast the expansion pack for the Havoc textures,  the DAZ Original Field has a "NO"

    Do with the information what you will. 

     

    havocexpand.jpg
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    Post edited by FirstBastion on
  • SiennaBlueSiennaBlue Posts: 224

    Hi FirstBastion,

    I see what you are saying.  I agree wholeheartedly with protecting the "Intellectual Property Rights" of creators of all types.  I just wish this were spelled out in exact terms in this, and every, instance, especially here at DAZ.  When a vendor decides to part ways with DAZ do we need to track them down to find out if we can still use their products?  I have MANY of your products, which are awesome, and my impression was that I could use them in commercial works.  I would only be interested in 2d images.  However, this is from the DAZ End User License Agreement:

    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.

    Then, further down the page, the agreement states the following regarding two dimensional works:

    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.

    I'm not good with legalese, so I'm now confused, not just about the Havoc products, but about every PA product I've purchased here.  Am I a "library licensor?'  I'm not asking you, personally, to clarify all of this, but I wish someone at DAZ would say something official in response to this thread.

     

  • fixmypcmikefixmypcmike Posts: 19,692

    The Library Licensors are Daz 3D and the PAs who create and own the content.  You are buying a license to use the products to create renders and are the Licensee.

    If you buy a product here, you continue to have the same rights to use the content, even if the vendor stops selling here.

  • SiennaBlueSiennaBlue Posts: 224
    Fixmypcmike said:

    The Library Licensors are Daz 3D and the PAs who create and own the content.  You are buying a license to use the products to create renders and are the Licensee.

    If you buy a product here, you continue to have the same rights to use the content, even if the vendor stops selling here.

    Thank you very, very much, Fixmypcmike.  I knew I was only buying a license, but I wasn't completely sure what rights that entailed.  I thought I knew, but you have no idea how much I appreciate having you state the answer simply and concisely.  Cheers!  smiley

  • nDelphinDelphi Posts: 1,922
    edited October 2015
    mrposer said:

    I bought Horde and Havoc back in Jan. 2011 from Sanctum Art website for $83.00. I can't believe that I only have a non-commercial usage (my only possible commercial usage would be contests with prizes anyway). I looked at everything I downloaded and installed and I don't see a EULA document or even a link to one in the documentation or readme's. I googled and could find nothing about their old EULA either. What a bummer.

    Is this the EULA you are looking for?

    https://web.archive.org/web/20100808041231/http://www.sanctumart.com/news.php?viewStory=8

    If this is the EULA and you have no other, you should save this page to your computer in MHT format (from your browser) for later retrieval.

    Post edited by nDelphi on
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