►►► ....and, all links lead to the EULA!
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The site doesn't offer the EULA anymore when I access the store, and I didn't agree to it. Something's afoot.
Perhaps they've made it only apply to new purchases.
While there wasn't anything in the new EULA which I personally disagreed with, I do agree that the methods used were a bit suspect. Perhaps Daz realise this and have made steps to remedy the problem.
I bought a product under a certain EULA. I bought an _product_ regardless of way it is compacted for distribution, be it zips or exes. Even if I redownload my _product_ and it turned to be in new installers, they have no right to demand me to sign for new EULA for this _product_.
New purchases I understand and agree with their right to do so. But they have no power over old ones.
I bought a product under a certain EULA. I bought an _product_ regardless of way it is compacted for distribution, be it zips or exes. Even if I redownload my _product_ and it turned to be in new installers, they have no right to demand me to sign for new EULA for this _product_.
New purchases I understand and agree with their right to do so. But they have no power over old ones.
I'm unable to access my downloadable products without accepting the new EULA. I'm not using the new download manager and I'm not using Genesis. DAZ blocking my access to anything I bought prior to today's date is wrong.
Here is some of the most disturbing parts of the new EULA:
QUOTE: 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.
QUESTION: What tax and license fee? If we have to pay taxes and license fees to use the content, does that mean DAZ can collect on the 100's of objects we already bought over the years? Wouldn't that be $1000's of dollars put on everyone here on DAZ?
QUOTE: "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."
QUESTION: So I can back up my content, but if anyone else but me touches it, its in violation of the EULA? Even if its in my own home or from the same family. (Luckily I live alone so I don't have this problem, but what about companies and schools who use the same copy of content)? And what is this thing about license. Its not only talking about the game developer license because it uses the word "content" which means EVERYTHING on DAZ.
QUOTE: "Physical images ... 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. ....These limitations govern (i) personal and/or commercial use of the physical, printed images; and (ii) the quantity of 3-D printed images allowed".
QUESTION: So I have no permission to distribute any 3D renderings or have limited ability to do so (or have to buy a license)? What if I already used the content to create a book cover that was published? Or the content used on NBC news, Animal planet or CNN or all those magazines that used DAZ content years ago? If DAZ sued all these people for violating this new EULA, it would be the biggest lawsuit in history.
Please correct me if I am misunderstanding something. I am getting worried because of the wording of this new EULA.
Yup, the POS EULA is blocking my access as well.
I want an answer by a DAZ employee here explaining this or I'm packing up and shipping out.
We have pointed DAZ to the thread to answer your questions (which was also our reason for combining), please be patient and try to hold any assumption on what is meant by the new EULA until they have had a chance to come in and clarify their meaning on the questions raised.
Sorry for the delay :(
Ann, I might remember it wrong but I remember it was you who was sharing your purchased products with your child to let your child play and create art. Does it mean that under new EULA you can't do that anymore?
My state has come down hard on internet taxation so I am taxed for online purchases. More and more states are insisting on their part of the sales tax pie and I doubt that will change any time soon. The license fee is what you have always payed for the product. When you buy something from any brokerage you pay to use the product (license to use) not for the ownership of the product itself. By this I mean that the original creator retains the copy write and ownership of what ever they created. Your licensed to use a copy of the product but not to indicate that your the owner of what ever it is. I have a copy of x morph set but I'm not the owner or creator of that morph set. Every other brokerage should and does look after the ownership and copy-write of any products that they sell just as carefully by the way.
I'm not deleting $8000 worth of content and throwing it in the trash. There would need to be a refund option since its a new EULA and didn't give you the chance to agree to this before purchasing older content.
And also please, whoever will be answering, clarify this.
- Does it change anything in printed 2D renders, commercial or otherwise (previously we could sell them as much as we wanted to, no quantity strings attached)
- How does it affect 3D printing and rapid prototyping.
Oh, I agree and my number is way north of that.
I still can not access my itemized order history or downloadable products without the EULA brick wall.
My state has come down hard on internet taxation so I am taxed for online purchases. More and more states are insisting on their part of the sales tax pie and I doubt that will change any time soon. The license fee is what you have always payed for the product. When you buy something from any brokerage you pay to use the product (license to use) not for the ownership of the product itself. By this I mean that the original creator retains the copy write and ownership of what ever they created. Your licensed to use a copy of the product but not to indicate that your the owner of what ever it is. I have a copy of x morph set but I'm not the owner or creator of that morph set. Every other brokerage should and does look after the ownership and copy-write of any products that they sell just as carefully by the way.
The license agreement in the new EULA refers to the USE of the IMAGES you make from the content. It states you need a license to even use the rendered image in a project.
One disturbing thing after another... basically I checked in tonight because I received the approximately seventh email about my platinum membership is about to expire tonight... and what did I find? An of course active pm and a changed EULA effecting all the products I bought so far... wtf is going on here?
Come on guys it ain't 1th of April yet.
That is also the same as the old EULA. DAZ 3D has allowed family members to share content, but the EULA does not say so.
QUESTION: So I have no permission to distribute any 3D renderings or have limited ability to do so (or have to buy a license)? What if I already used the content to create a book cover that was published? Or the content used on NBC news, Animal planet or CNN or all those magazines that used DAZ content years ago? If DAZ sued all these people for violating this new EULA, it would be the biggest lawsuit in history.
That refers to 3D-printing (e.g. figurines), not 2d renders or animations. No rights to do 3D-printing were granted in the old EULA; this makes explicit how you can obtain rights to do 3D printing.
Ann, I might remember it wrong but I remember it was you who was sharing your purchased products with your child to let your child play and create art. Does it mean that under new EULA you can't do that anymore?
We allow for that on our site in our EULA and that may be what you are thinking of. That said, I am honestly not sure, which is why I referred DAZ3D to the thread. I know there are people that do let their kids play etc and I am not at all certain exactly what is meant and don't want to say one way or another and be wrong. I rather be sure what is meant or let DAZ3D clarify rather then make an assumption and be wrong but I am sure someone will be in to answer these questions. :) I am sorry I am not more helpful at the moment :(
The license agreement in the new EULA refers to the USE of the IMAGES you make from the content. It states you need a license to even use the rendered image in a project.
The license is what you pay for -- you are buying a license to use the content to produce 2D images and animations.
been fixed :-)
We allow for that on our site in our EULA and that may be what you are thinking of. That said, I am honestly not sure, which is why I referred DAZ3D to the thread. I know there are people that do let their kids play etc and I am not at all certain exactly what is meant and don't want to say one way or another and be wrong. I rather be sure what is meant or let DAZ3D clarify rather then make an assumption and be wrong but I am sure someone will be in to answer these questions. :) I am sorry I am not more helpful at the moment :(
Previously DAZ3D products were household-shared. I remember when we worked on M4 wiki we asked and DAZ3D said we can even share products for the purpose of the project despite being not physically connected. But this isn't possible anymore under new EULA. This is why I thought about you and your child probably.
{hugs Ann} Not your fault. You are a good person.
That refers to 3D-printing (e.g. figurines), not 2d renders or animations. No rights to do 3D-printing were granted in the old EULA; this makes explicit how you can obtain rights to do 3D printing.
Is a book cover printed and published considered a physical image? A physical image is a printed image, and is not the same as a 3D image.
I think (and hope) that last one is in reference to 3D printers...physical copies of a digital 3D object. But anyone who can afford one of those printers can certainly afford the license fees.
Dana
Is a book cover printed and published considered a physical image?
By definition printed picture is a physical object that is representing of certain image. So even if they did mean just 3D printing, EULA is worded in a such way that just flatprints can be counted into this cause too.
I really wish people would not over react before considering everything carefully. Selling 3D content is DAZ's bread and butter. Do you really seriously think they would shoot themselves in the foot this way? Have we really all become so suspicious that we immediately think the worst before gathering all the facts?
I am going to wait to hear from someone at DAZ to clarify things with the EULA before I make a decision.
I have certainly not approved of some of the things they have done this last year, but I am absolutely certain they are NOT out to get me.
Whatever their intentions are, EULA is an legal agreement and is written in legal terms. I'm not signing anything like that "delete your content if you don't agree" thing regardless of how much I trust the person/company who asks me to do it.
You must never have seen lawyer shows. People can sue for just about anything. If you sign anything, they got you. You must know your rights first, never trust anyone. I do agree that they probably just worded the EULA wrong. I'm still being cautious.
Based on some of the things that have happened here in the last few years, unfortunately yes!
ETA: I do hope we are all just extremely paranoid and DAZ did just word things wrong.
this post not needed ...
Yes, please do clarify, Daz. I'd like to be able to download the stuff I bought earlier today, but my Granny always said never sign anything you don't completely understand so for now I'm taking that advice.
Is a book cover printed and published considered a physical image? A physical image is a printed image, and is not the same as a 3D image.
The term "physical image" is more likely a computer term as in an ISO file or something like that which may be required by the 3rd party in order to make the 3D print.
"More likely" or a "term" or "maybe" doesn't cut it. legal documents must clearly state what they mean.
For example, what if I wanted to make a paper sculpture of Michael 4 based on a the 3D measurements of the character's mesh?
“If User does not agree to the terms of this EULA, please do not select the “Accept” button below or continue User’s purchase, download, or use of any Content. In the case User does not accept this EULA, User must delete any and all previously obtained Content from User’s computer systems and from any backup devices that User may have used.”
It is not that I am not accepting it. I'm not signing it.
Rewrite or refund my purchases.