PoserAddicts LLC - Product License (EULA)...
POSERADDICTS, LLC. END USER LICENSE AGREEMENT (EULA)
By using the software you signify that you have read and agree to all the terms of the license agreement.
AGREEMENT. THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU, HEREINAFTER ALSO REFERRED TO AS "USER", AND POSERADDICTS, LLC., HEREINAFTER ALSO REFERRED TO AS "POSERADDICTS". BY OPENING THIS DATA PACKAGE OR USING THIS 3-D MODEL(S), MOTIONS, TEXTURE MAP(S), BUMP MAP(S) OR ANY OTHER 3D RELATED PRODUCTS, HERINAFTER REFERRED AS 3D MODEL(S), (OR AUTHORIZING ANY OTHER PERSON TO DO SO), YOU INDICATE YOUR COMPLETE AND UNCONDITIONAL ACCEPTANCE OF ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. THIS LICENSE AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT BETWEEN YOU AND POSERADDICTS. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, YOU MAY RETURN THE UNOPENED DATA PACKAGE (WITH ALL ACCOMPANYING MATERIALS) AND A COPY OF YOUR INVOICE TO POSERADDICTS FOR A FULL REFUND WITHIN THIRTY (30) DAYS FROM THE DATE OF PURCHASE. IN THE CASE OF SOFT GOODS (ELECTRONICALLY TRANSFERRED FILES) YOU MUST DELETE THEM FROM YOUR COMPUTER AND FROM ANY BACKUP DEVICES THAT YOU MAY HAVE USED.
1. 3D MODEL LICENSE. PoserAddicts 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 3D Model(s), together with all accompanying written materials, images, and other data files (collectively referred to as "3D Model(s)").
2. TITLE AND OWNERSHIP. Notice is hereby given that the 3D Model(s) contains copyrighted and/or proprietary information protected by the laws of the European Community (EC). PoserAddicts and/or PoserAddicts Published Artist(s) retains all rights in, title to, and ownership of the 3D Model(s). User shall take all steps reasonably necessary to protect PoserAddicts' ownership rights. PoserAddicts gives no rights or warranties with regard to the use of any objects, names, trademarks, service marks, or works of authorship depicted in any 3D Model(s) and the User must satisfy themselves that all necessary rights or consents that may be required for the User's particular use of a 3D Model are obtained from the applicable third party(ies) owning or having rights in to such objects, names, trade marks, service marks, or works of authorship.
3. LICENSE FEES. User agrees to pay PoserAddicts prior to or concurrent with delivery of the 3D Model(s) the full purchase price for the 3D Model(s). Any payment not made when due shall accrue interest at the rate of one and one-half percent (1 1/2%) per month. In addition, User agrees to pay PoserAddicts any and all applicable tax that is levied in conjunction with the purchase of this License for the 3D Model(s) whenever PoserAddicts 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 PoserAddicts all costs, expenses, and attorney's fees expended by PoserAddicts in the collection of the purchase price, whether by filing a lawsuit or otherwise.
You may (i) access, use, copy and modify the 3D Models stored on such computers at such single location in the creation and presentation of animations and renderings which may require runtime access to the 3D Model(s), and (ii) incorporate two dimensional images (including two dimensional images that simulate motion of three dimensional objects) derived from the 3D Model(s) in other works and publish, market, distribute, transfer, sell or sublicense such combined works; provided that you may not in any case: (a) separately publish, market, distribute, transfer, sell or sub-license any 3D Model(s) 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 original 3D Model(s), or any part thereof, or any substantially similar version of the original 3D Model(s) 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 3D Model(s), you may copy, distribute, and/or sell your animations and renderings derived from the 3-D Model(s). All other rights with respect to the 3D Model(s) and their use are reserved to PoserAddicts (and its licensors).
5. INFRINGEMENT WARRANTY. PoserAddicts warrants to the User that, to the best of its knowledge, the digital data comprising the 3D Model(s) 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 PoserAddicts 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 3D Model(s).
6. OTHER RESTRICTIONS. This Agreement is your proof of License to exercise the rights granted herein and must be retained by you. User shall not give, sell, rent, lease, sub-license, or otherwise transfer or dispose of the 3D Model(s) on a temporary or permanent basis without the prior written consent of PoserAddicts. PoserAddicts' 3D Model(s) and/or contracts are non-transferable and shall only be used by the Licensed User. User may not reverse engineer, de-compile, disassemble, or create derivative works from the 3D Model(s). These restrictions do not pertain to rendered images or pre-rendered animations.
7. PROTECTION AND SECURITY. User agrees not to disclose, publish, release, transfer, or otherwise make available the 3D Model(s), or any portion thereof, in any form, to any person, other than User's employees, without prior written consent from PoserAddicts. User agrees that the 3D Model(s) is the property of and proprietary to PoserAddicts, and further agrees to protect the 3D Model(s) and all parts thereof from unauthorized disclosure and use by its agents, employees, or customers. User shall be exclusively responsible for the selection, supervision, management, control, and use of the 3D Model(s). User agrees to do all within their power to insure that their employees or any other user of the 3D Model(s), complies with the terms and conditions of this Agreement. And User agrees to do all within their power to insure that their employees or any other user of the 3D Model(s) refrains from taking any steps, such as reverse assembly or reverse compilation, to derive a source code equivalent of the 3D Models.
8. IMPORT RESTRICTIONS (for USA). The 3D Model(s) may be subject to the import controls of the United States Departments of State and Commerce and User agrees to fully comply with all applicable United States import regulations governing export, destination, ultimate end user, and other restrictions relating to the 3D Models.
9. UNITED STATES GOVERNMENT - RESTRICTED RIGHTS. If you are acquiring the 3D Model(s) on behalf of any unit or agency of the United States Government, the following provision applies-- It is acknowledged that the 3D Model(s) and the documentation were developed at private expense and that no part is in the public domain and that the 3D Model(s) 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/Representative is PoserAddicts, LLC., Germany & Portugal.
10. PATENT, COPYRIGHT, AND TRADE SECRET INDEMNITY. User agrees to indemnify and hold harmless PoserAddicts 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 3D Model(s), or any portion thereof, in whatever form, or the exercise by User of any rights granted under this Agreement.
11. LIMITED WARRANTY. PoserAddicts warrants that the 3D Model(s) will perform substantially in accordance with the accompanying written materials for a period of seven (7) days from the date of receipt. Upon the return of the defective media and a copy of the invoice, PoserAddicts has the option to replace the media or refund the purchase price. In the event PoserAddicts elects to refund the purchase price, User's License is revoked and User warrants and agrees to return the 3D Model(s) to PoserAddicts and to destroy any and all copies made therefrom. In no event shall PoserAddicts' liability exceed the purchase price of the License of the 3D Model(s). If the media was damaged by accident, abuse, or misapplication, PoserAddicts shall have no obligation to replace the media or refund the purchase price. 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.
12. NO OTHER WARRANTIES. POSERADDICTS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED 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 3D MODEL(S), AND THE ACCOMPANYING WRITTEN MATERIALS. IN NO EVENT SHALL POSERADDICTS OR ITS DEALERS, DISTRIBUTORS, OFFICERS, AGENTS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY 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 3D MODEL(S), EVEN IF POSERADDICTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES OR STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
13. NO LIABILITY FOR HARDWARE. User assumes complete responsibility for all hardware used in conjunction with the 3D Model(s). PoserAddicts shall not be responsible in any way for the non-performance or malfunction of any hardware used in conjunction with the 3D Model(s), nor for any damages whatsoever arising out of the use of any hardware.
14. INDEMNIFICATION. User shall defend, indemnify, and hold PoserAddicts harmless from any actions, claims, or proceedings with respect to the 3D Model(s) or other provisions of this Agreement.
15. 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 PoserAddicts shall impair or effect PoserAddicts' right to exercise the same. An extension of indulgence or forbearance (which must be in writing) shall not otherwise alter or effect PoserAddicts' 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 PoserAddicts. 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 PoserAddicts shall be entitled by right to an Injunction restraining the User from violating any of said provisions. User hereby acknowledges that PoserAddicts has disclosed or will disclose to User valuable proprietary data set products, which are new and unique and give PoserAddicts a competitive advantage in the marketplace; that PoserAddicts 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 PoserAddicts 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 nor violative of any public interest or policy, and will not create a hardship greater than is necessary to protect the interest of PoserAddicts.
16. GENERAL PROVISIONS.
a. 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.
b. Governing Law, Jurisdiction, and Venue. This Agreement is governed by the laws of the European Community (EC). Jurisdiction and venue for the enforcement of this Agreement shall be found exclusively in the courts within the European Community in either Germany or Portugal.
c. Trademark and Copyright. All PoserAddicts products are trademarks or registered trademarks of PoserAddicts, LLC. All other brand and product names are trademark or registered trademark of their respective holders.
PoserAddicts LLC, A European 3D-Art Company, (C) 2001-2011, All Rights Reserved, Worldwide.
Date of Document: 01.04.2011