poserworks model license agreement
end user license agreement (eula) for 3d model content

PoserWorks (the Licensor, hereafter referred to as PW) hereby grants license to purchasing party (Licensee, hereafter referred to as Buyer) to use 3D Model Content (hereafter referred to as Models) in business or for personal use. This is a non-exclusive license and applies to Models either purchased directly from PW; Downloaded from PW website; Awarded as a prize; Given as a gift, or; Obtained through any 3rd party broker authorized to distribute PW products. PW retains sole ownership and copyrights to all Models in perpetuity, unless otherwise agreed to in a legal contract.

1. Models consist of computer generated 3d model mesh, texture maps, images of original custom design work, and all derivatives and copies thereof. It is the responsibility of Buyer to read and understand all of the terms and conditions in this License Agreement. If Buyer is uncertain about any of the conditions set forth herein, Buyer should contact Pam Gray via e-mail at pam@poserworks.com for clarification.

2. Buyer may not copy, disassemble, create derivative works, modify, reverse engineer, adapt, or translate Models with the intent to resell Models.

3. Buyer may make copies, reproductions, translations, modifications, or derivatives of Models, however, copies or derivative works that contain original Models may not be distributed or resold by Buyer, (either individually, grouped, packaged, or bundled with another product) to anyone in any way. Buyer may not lease, rent, transfer, assign, or sell Models to any other person without express written permission from PW.

4. Buyer acquires copyrights to any derivative works he creates from Models, provided the original Models cannot be accessed or extracted from his derivative works. Therefore, Buyer may not store Models in a place (such as on a network or on the Internet) where Models or any portion of Models can be extracted by a third party. If PW can show that any portion of their original Models can be extracted from Buyer's derivative works, this license will automatically be terminated. Buyer is then required to turn over original Models and destroy any copies and derivatives thereof. Buyer may not create any MetaStream animation files with Models until this format can protect original materials from being extracted by malicious third parties. This policy is designed and implemented to protect PW from Buyers releasing works that allow other users to obtain their copyrighted material without license to do so. It is not designed to infringe on the artistic endeavors of Buyer.

5. Prohibited use of Models includes: (a) broadcast publication, (b) finished software or end-user gaming products (free downloadable or for sale either downloadable or commercially packaged) in any retail market (c) animated short or feature (to include film, magnetic video tape, CD ROM, DVD, or Webcast media) using Models or PW custom designs for commercial or retail distribution. The ONLY exception to prohibited Models usage is if Buyer obtains express written permission from PW to do so. Such permission will only be granted to Buyer if the following criteria is met: (i) terms are reached and are agreeable to both parties, (ii) terms are stated in writing by PW in a formal License Agreement, and (iii) License Agreement is signed by authorized representatives of both parties (PW and Buyer). NO EXCEPTIONS!

6. In the event Buyer is not satisfied with Models due to PW file error, PW will immediately correct and replace Models at no additional cost to Buyer. If Buyer still demands a refund after Models have been corrected and replaced, it is the sole discretion of PW as to whether or not a refund will be issued. If PW is unable to correct file errors, a full refund will be issued to Buyer without question, however, a refund automatically revokes License Agreement and Buyer must destroy original Models, (corrected files if applicable) all derivatives and copies thereof, and Buyer cannot distribute any product associated with Models, in any way.

7. Buyer is hereby granted non-exclusive, nontransferable license to use Models under the terms of this Agreement. PW maintains that they legally possess the power to grant license to Buyer, and that all Models are the original work of PW or are derivative works verified to be in public domain. Buyer may use Models for business purposes, for personal use, or for commercial projects, provided usage of Models is within the guidelines of this Agreement.

8. Any and all use of Models is protected under the terms set forth in this License Agreement. PW may only revoke license if Buyer is in violation of any of the terms set forth herein. Buyer failing to comply with any provision in this Agreement may result in legal action. Any legal action required shall be filed in the city of Los Angeles, and governed by U.S. Laws in the State of California.

PoserWorks
©2005