- DAZ Script -

IMPORTANT - READ CAREFULLY:

This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and DAZ 3D, Inc. (“DAZ3D”) for the DAZ3D software that accompanies this EULA, which includes computer software and may include associated media, printed materials, “online” or electronic documentation, and Internet-based services (“Software”). An amendment or addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.

DAZ3D grants you the following rights provided that you comply with all terms and conditions of this EULA:

DAZ3D grants to you as an individual, a personal, nonexclusive license to make and use copies of the Software for the purposes of designing, developing, and testing your software product(s), provided that you are the only individual using the Software. If you are an entity, DAZ3D grants to you a personal, nonexclusive license to make and use copies of the Software, provided that for each individual using the Software within your organization, you have acquired a separate and valid license for each such individual.

You may make and use an unlimited number of copies of any documentation, provided that such copies shall be used only for personal purposes and are not to be republished or distributed (either in hard copy or electronic form) beyond your premises.

You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on computers used by a licensed end user in accordance with Section 1.1. A single license for the Software may not be shared or used concurrently by multiple end users.

In addition to the rights granted in Section 1, certain portions of the Software, as described in this Section 2, are provided to you with additional license rights. These additional license rights are conditioned upon your compliance with the distribution requirements and license restrictions described in Section 3.

(a) DAZ3D grants you the right to: (a) use and modify the source code version of those portions of the Software identified as “Samples” in the Software (“Sample Code”) for the sole purposes of designing, developing, and testing your software product(s), and (b) a limited, nonexclusive, royalty-free right to reproduce and distribute the Sample Code, along with any modifications thereof, in object code form only. For applicable redistribution requirements for Sample Code, see Section 3 below.

(b) Sample Code is identified as all of the samples in the Samples namespace.

DAZ3D grants you a nonexclusive, royalty-free right to reproduce and distribute the object code form of any portion of the Software listed in Samples (“Redistributable Code”). For general redistribution requirements for Redistributable Code, see Section 3.1 below.

If you choose to exercise your rights under Section 2, any redistribution by you is subject to your compliance with Section 3.

(a) If you choose to redistribute Sample Code, or Redistributable Code (collectively, the “Redistributables”) as described in Section 2, you agree: (i) except as otherwise noted in Section 2.1 (Sample Code), to distribute the Redistributables only in object code form and in conjunction with and as a part of a software application product developed by you that adds significant and primary functionality to the Redistributables (“Licensee Software”); (ii) that the Redistributables only operate in conjunction with DAZ3D software; (iii) that if the Licensee Software is distributed beyond Licensee's premises or externally from Licensee's organization, to distribute the Licensee Software containing the Redistributables pursuant to an end user license agreement (which may be “break-the-seal”, “click-wrap” or signed), with terms no less protective than those contained in this EULA; (iv) not to use DAZ3D's name, logo, or trademarks to market the Licensee Software; (v) to display your own valid copyright notice which shall be sufficient to protect DAZ3D's copyright in the Software; (vi) not to remove or obscure any copyright, trademark or patent notices that appear on the Software as delivered to you; (vii) to indemnify, hold harmless, and defend DAZ3D from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of the Licensee Software; (viii) to otherwise comply with the terms of this EULA; and (ix) agree that DAZ3D reserves all rights not expressly granted.

You also agree not to permit further distribution of the Redistributables by your end users except you may permit further redistribution of the Redistributables by your distributors to your end-user customers if your distributors only distribute the Redistributables in conjunction with, and as part of, the Licensee Software, you comply with all other terms of this EULA, and your distributors comply with all restrictions of this EULA that are applicable to you.

(b) If you use the Redistributables, then in addition to your compliance with the applicable distribution requirements described for the Redistributables, the following also applies. Your license rights to the Redistributables are conditioned upon you not (i) creating derivative works of the Redistributables in any manner that would cause the Redistributables in whole or in part to become subject to any of the terms of an Excluded License; or (ii) distributing the Redistributables (or derivative works thereof) in any manner that would cause the Redistributables to become subject to any of the terms of an Excluded License. An “Excluded License” is any license that requires as a condition of use, modification and/or distribution of software subject to the Excluded License, that such software or other software combined and/or distributed with such software be (x) disclosed or distributed in source code form; (y) licensed for the purpose of making derivative works; or (z) redistributable at no charge.

DAZ3D reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. DAZ3D or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.

You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

You may not rent, lease, lend or provide commercial hosting services with the Software.

You agree that DAZ3D and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. DAZ3D may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.

You may link to third party sites through the use of the Software. The third party sites are not under the control of DAZ3D, and DAZ3D is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. DAZ3D is not responsible for webcasting or any other form of transmission received from any third party sites. DAZ3D is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by DAZ3D of the third party site.

This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that DAZ3D may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. DAZ3D reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.

Upgrades. To use Software identified as an upgrade, you must first be licensed for the software identified by DAZ3D as eligible for the upgrade. After upgrading, you may no longer use the software that formed the basis for your upgrade eligibility.

Downgrades. Instead of installing and using the Software, you may install and use one copy of an earlier version of the Software, provided that you completely remove such earlier version and install the original Software within a reasonable time. Your use of such earlier version shall be governed by this EULA, and your rights to use such earlier version shall terminate when you install the Software.

Software identified as “Not For Resale” or “NFR,” may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test or evaluation.

To use Software identified as “Academic Edition” or “AE,” you must be a “Qualified Educational User.” For qualification-related questions, please contact the DAZ3D Sales Support Staff at 224 South 200 West #250, Salt Lake City, UT 84101 USA or the DAZ3D subsidiary serving your country.

You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.

The Software may not be transferred to another party under any conditions whatsoever, except in the case of prior permission issued directly by DAZ3D for the express purpose of said transfer, provided the initial user retains no copies of the Software. This transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.

Without prejudice to any other rights, DAZ3D may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DAZ3D AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAZ3D OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF DAZ3D OR ANY SUPPLIER, AND EVEN IF DAZ3D OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF DAZ3D AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with “Restricted Rights” as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.

If you acquired this Software in the United States, this EULA is governed by the laws of the State of Utah. If you acquired this Software in any other country, then local law may apply.

This EULA (including any addendum or amendment to this EULA which is included with the Software) are the entire agreement between you and DAZ3D relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any DAZ3D policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

Should you have any questions concerning any of the provisions of this Agreement, or if you desire to contact DAZ, please write: DAZ 3D, Inc., 224 South 200 West #250, Salt Lake City, UT 84101 USA. If you need technical support for a DAZ product, please call (801) 495-1777. Our technical support hours are 9:00 a.m. to 5:00 p.m. M.S.T.

All DAZ products are trademarks or registered trademarks of DAZ 3D, Inc. All other brand and product names are trademark or registered trademark of their respective holders.