►►► ....and, all links lead to the EULA!

Kattey

They are aware of that and DAZ3D is currently looking to rework and/or reword properly that part.
Source:
But thank you for being aware.

The problem was and still is (as downloads are locked by EULA page) that people can't access their old stuff.

wancow

The EULA is a contract and legally binding from the time you make the purchase. No party can unilaterally alter that contract, so you are correct, that sentence is not enforceable and is contrary Title 41 of the United States Code (applicable due to interstate commerce).

murgatroyd314

DAZ_ann0314 said:

- The 7 day Warranty:
DAZ EULA's have always included a 7 day Warranty. The Warranty is different than our return policy. Our policy has not changed in this respect.

And we have always been at war with Eastasia.
Translation for those who haven't read 1984: "That's a flat-out lie".

New terms:

LIMITED WARRANTY. DAZ warrants that the Content will perform substantially in accordance with the accompanying written materials for a period of seven (7) days from the date of payment of the license fees.

Old terms:
LIMITED WARRANTY. DAZ3D warrants that the 3-D Model(s) will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of receipt.

frank0314

The thread has been merged with another

Herald of Fire

Murgatroyd said:

DAZ_ann0314 said:

- The 7 day Warranty:
DAZ EULA's have always included a 7 day Warranty. The Warranty is different than our return policy. Our policy has not changed in this respect.

And we have always been at war with Eastasia.
Translation for those who haven't read 1984: "That's a flat-out lie".

New terms:

LIMITED WARRANTY. DAZ warrants that the Content will perform substantially in accordance with the accompanying written materials for a period of seven (7) days from the date of payment of the license fees.

Old terms:
LIMITED WARRANTY. DAZ3D warrants that the 3-D Model(s) will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of receipt.

To be fair, the returns policy is still 30 days and effectively doubles as a pseudo warranty anyway. I don't see that this will have any significant impact on sales or returns.

murgatroyd314

HeraldOfFire said:

To be fair, the returns policy is still 30 days and effectively doubles as a pseudo warranty anyway. I don't see that this will have any significant impact on sales or returns.

One is a policy which is subject to change at any time without notice (though like you, I hope they won't). The other is a legally binding agreement. That's a meaningful distinction.

LeatherGryphon

Watching the EULA spectacle with great dismay and amusement. Does anybody realize that the way it's worded now that if you go to the page, see the warning and then decide to not click "OK" that you have effectively not accepted the EULA and are therefore obligated to remove all your existing content? 8-o Way to go guys! Make criminals of us all if we don't discard our libraries. Oy!!!

(*sigh*) I realize that apparently DAZ has stuck their foot in their mouth trying to wave around legal guns and only succeeded (again) with blowing their toes off (from the inside) by having some really really badly worded EULA. Rather than making them appear slicker'n snot on a doorknob they (again) come off as Keystone Cops. Either they got their legal advice from some high school dropout, or a self medicated lawyer.

Yeah, yeah, they say they're gonna fix it but will it be "soon"? Meanwhile I'm not going to buy anything because I have to pass the scary EULA blockade.

Yeah, I mixed my metaphores. Well,... no, I believe I whipped and scrambled them!! 8-o

Morpheon

esbit said:

Oh no, a new EULA Atack!

To see the products need an accepting the EULA?
Sorry, but how i can delete my Account... must i accept the EULA before? Unbelievable! *shaking the head*

So i'll say goodbye... have a nice live
:coolgrin:
The good customer

Don't delete your account -- you'll need it in order to access downloads of your previously purchased content.

Kattey

Murgatroyd said:

DAZ_ann0314 said:

- The 7 day Warranty:
DAZ EULA's have always included a 7 day Warranty. The Warranty is different than our return policy. Our policy has not changed in this respect.

And we have always been at war with Eastasia.
Translation for those who haven't read 1984: "That's a flat-out lie".

New terms:

LIMITED WARRANTY. DAZ warrants that the Content will perform substantially in accordance with the accompanying written materials for a period of seven (7) days from the date of payment of the license fees.

Old terms:
LIMITED WARRANTY. DAZ3D warrants that the 3-D Model(s) will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of receipt.

Taken from EULA of M4 Tuxedo, file 7992_2_dpc_M4Tuxedo.exe, downloaded on 11/13/2010

"11. LIMITED WARRANTY. DAZ warrants that the 3-D 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, DAZ has the option to replace the media or refund the purchase price. In the event DAZ elects to refund the purchase price, User's License is revoked and User warrants and agrees to return the 3-D Model(s) to DAZ and to destroy any and all copies made therefrom. In no event shall DAZ'S liability exceed the purchase price of the License of the 3-D Model(s). If the media was damaged by accident, abuse, or misapplication, DAZ 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"

Morpheon

BTW, I see DAZ has managed to alienate yet another vendor: Mec4D has dropped DAZ 3D in favor of Renderosity. (loud slow sardonic clapping) Good job, DAZ. Well done...

agent unawares

Kattey said:

Murgatroyd said:

DAZ_ann0314 said:

- The 7 day Warranty:
DAZ EULA's have always included a 7 day Warranty. The Warranty is different than our return policy. Our policy has not changed in this respect.

And we have always been at war with Eastasia.
Translation for those who haven't read 1984: "That's a flat-out lie".

New terms:

LIMITED WARRANTY. DAZ warrants that the Content will perform substantially in accordance with the accompanying written materials for a period of seven (7) days from the date of payment of the license fees.

Old terms:
LIMITED WARRANTY. DAZ3D warrants that the 3-D Model(s) will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of receipt.

Taken from EULA of M4 Tuxedo, file 7992_2_dpc_M4Tuxedo.exe, downloaded on 11/13/2010

"11. LIMITED WARRANTY. DAZ warrants that the 3-D 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, DAZ has the option to replace the media or refund the purchase price. In the event DAZ elects to refund the purchase price, User's License is revoked and User warrants and agrees to return the 3-D Model(s) to DAZ and to destroy any and all copies made therefrom. In no event shall DAZ'S liability exceed the purchase price of the License of the 3-D Model(s). If the media was damaged by accident, abuse, or misapplication, DAZ 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"
Taken from EULA of DAZ site, currently live: "11. LIMITED WARRANTY. DAZ3D warrants that the 3-D Model(s) will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of receipt."

Kattey

Agent_Unawares said:

Kattey said:

Murgatroyd said:

DAZ_ann0314 said:

- The 7 day Warranty:
DAZ EULA's have always included a 7 day Warranty. The Warranty is different than our return policy. Our policy has not changed in this respect.

And we have always been at war with Eastasia.
Translation for those who haven't read 1984: "That's a flat-out lie".

New terms:

LIMITED WARRANTY. DAZ warrants that the Content will perform substantially in accordance with the accompanying written materials for a period of seven (7) days from the date of payment of the license fees.

Old terms:
LIMITED WARRANTY. DAZ3D warrants that the 3-D Model(s) will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of receipt.

Taken from EULA of M4 Tuxedo, file 7992_2_dpc_M4Tuxedo.exe, downloaded on 11/13/2010

"11. LIMITED WARRANTY. DAZ warrants that the 3-D 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, DAZ has the option to replace the media or refund the purchase price. In the event DAZ elects to refund the purchase price, User's License is revoked and User warrants and agrees to return the 3-D Model(s) to DAZ and to destroy any and all copies made therefrom. In no event shall DAZ'S liability exceed the purchase price of the License of the 3-D Model(s). If the media was damaged by accident, abuse, or misapplication, DAZ 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"
Taken from EULA of DAZ site, currently live: "11. LIMITED WARRANTY. DAZ3D warrants that the 3-D Model(s) will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of receipt."

Well, I'm confused then. Looks like they have way too many EULAs around.

JasmineSkunk

I just went to my account page and can not seem to access my downloads folder.... I am presented with some kind of new license agreement.....

Ummm???

I already made an agreement with you concerning products that are currently already in my downloads folder... I would like access back into my account, please.

Thank you

JasmineSkunk

jmper

Join the crowd.

*grumble*

agent unawares

Yeah, I have the same problem. Luckily I have almost everything downloaded, but if they don't sort out that EULA thing in a satisfactory way it looks like I'm going to have to make a couple returns due to lack of access.

adamr001

The oldest of the old, from the first gen installers, circa Millennium Environment, etc.

11. LIMITED WARRANTY. DAZ warrants that the 3-D 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, DAZ has the option to replace the media or refund the purchase price. In the event DAZ elects to refund the purchase price, User's License is revoked and User warrants and agrees to return the 3-D Model(s) to DAZ and to destroy any and all copies made therefrom. In no event shall DAZ'S liability exceed the purchase price of the License of the 3-D Model(s). If the media was damaged by accident, abuse, or misapplication, DAZ 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.

There was, clearly, a period where it said 30 days, but the original EULA said 7.

robkelk

DAZ_Kevin said:

This was a Project based EXCEPTION, not a EULA Change. The EULA is pretty much the same as before. Letting your kids use your content in your home, or on your computer has not changed at all. As was noted, the NEW EULA is LESS restrictive than the old EULA.

That is not what the current and former EULA say.

The old EULA was a site license - the licensee could install the content on any computer on the licensee's premises, and anyone on the premises could use the content.

The new EULA is a user license - the licensee may install the content on any computer that the licensee controls, but only the licensee is allowed to use the content.

Kattey

Again, I think I'll just quote full EULA as it stands in file 7992_2_dpc_M4Tuxedo.exe, downloaded on 11/13/2010

DAZ Productions, INC. LICENSE AGREEMENT
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 DAZ Productions, INC., HEREINAFTER ALSO REFERRED TO AS "DAZ". 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 3-D 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 DAZ. 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 DAZ 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. 3-D MODEL LICENSE. DAZ 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 3-D Model(s), together with all accompanying written materials, images, and other data files (collectively referred to as "3-D Model(s)").

2. TITLE AND OWNERSHIP. Notice is hereby given that the 3-D Model(s) contains copyrighted and/or proprietary information protected by the laws of the United States. DAZ retains all rights in, title to, and ownership of the 3-D Model(s). User shall take all steps reasonably necessary to protect DAZ'S ownership rights. 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 3-D 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 3-D 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 DAZ prior to or concurrent with delivery of the 3-D Model(s) the full purchase price for the 3-D 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 DAZ any and all applicable tax that is levied in conjunction with the purchase of this License for the 3-D Model(s) 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 purchase price, whether by filing a lawsuit or otherwise.

4. GENERAL RESTRICTIONS AND TERMS OF USE. The 3-D Model(s) may be copied in whole or in part for User's exclusive use. Unauthorized copying of the 3-D Model(s) is expressly forbidden. User expressly agrees to include DAZ'S (and third parties, if any) copyright notice(s) and proprietary interest(s) on all copies of the 3-D Model(s), in whole or in part, in any form, including data form, made by User in accordance with this Agreement. The 3-D Model(s) is provided for User's exclusive use. User does not have the right to pfrovide the 3-D Model(s) to others in any form or on any media. Specifically, you (the User) may copy the 3-D Model(s) onto the storage device of an unlimited number of computers; provided that all such computers are physically located at your business, or if you are a residence, your place of residence located at a single specific street address (or its equivalent).

You may (i) access, use, copy and modify the 3-D 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 3-D Model(s), and (ii) incorporate two dimensional images (including two dimensional images that simulate motion of three dimensional objects) derived from the 3-D 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 sublicense any 3-D 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 3-D Model(s), or any part thereof, or any substantially similar version of the original 3-D 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 3-D 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 3-D Model(s) and their use are reserved to DAZ (and its licensors).

5. INFRINGEMENT WARRANTY. DAZ warrants to the User that, to the best of its knowledge, the digital data comprising the 3-D 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 DAZ 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 3-D 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, sublicense, or otherwise transfer or dispose of the 3-D Model(s) on a temporary or permanent basis without the prior written consent of DAZ. DAZ'S 3-D 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 3-D 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 3-D Model(s), or any portion thereof, in any form, to any person, other than User's employees, without prior written consent from DAZ. User agrees that the 3-D Model(s) is the property of and proprietary to DAZ, and further agrees to protect the 3-D 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 3-D Model(s). User agrees to do all within their power to insure that their employees or any other user of the 3-D 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 3-D Model(s) refrains from taking any steps, such as reverse assembly or reverse compilation, to derive a source code equivalent of the 3-D Models.

8. EXPORT RESTRICTIONS. The 3-D Model(s) may be subject to the export controls of the United States Departments of State and Commerce and User agrees to fully comply with all applicable United States export regulations governing export, destination, ultimate end user, and other restrictions relating to the 3-D Models.

9. UNITED STATES GOVERNMENT RESTRICTED RIGHTS. If you are acquiring the 3-D Model(s) on behalf of any unit or agency of the United States Government, the following provision applies-- It is acknowledged that the 3-D Model(s) and the documentation were developed at private expense and that no part is in the public domain and that the 3-D 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 is DAZ Productions, INC., 1350 E. Draper Parkway, Draper, UT 84020.

10. PATENT, COPYRIGHT, AND TRADE SECRET INDEMNITY. User agrees to indemnify and hold harmless DAZ 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 3-D Model(s), or any portion thereof, in whatever form, or the exercise by User of any rights granted under this Agreement.

11. LIMITED WARRANTY. DAZ warrants that the 3-D 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, DAZ has the option to replace the media or refund the purchase price. In the event DAZ elects to refund the purchase price, User's License is revoked and User warrants and agrees to return the 3-D Model(s) to DAZ and to destroy any and all copies made therefrom. In no event shall DAZ'S liability exceed the purchase price of the License of the 3-D Model(s). If the media was damaged by accident, abuse, or misapplication, DAZ 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. DAZ 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 3-D MODEL(S), AND THE ACCOMPANYING WRITTEN MATERIALS. IN NO EVENT SHALL DAZ 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 3-D MODEL(S), EVEN IF DAZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME 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 3-D Model(s). DAZ shall not be responsible in any way for the non-performance or malfunction of any hardware used in conjunction with the 3-D Model(s), nor for any damages whatsoever arising out of the use of any hardware.

14. INDEMNIFICATION. User shall defend, indemnify, and hold DAZ harmless from any actions, claims, or proceedings with respect to the 3-D 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 DAZ shall impair or effect DAZ'S right to exercise the same. An extension of indulgence or forbearance (which must be in writing) shall not otherwise alter or effect DAZ'S 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 DAZ. 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 DAZ shall be entitled by right to an Injunction restraining the User from violating any of said provisions. User hereby acknowledges that DAZ has disclosed or will disclose to User valuable proprietary data set products, which are new and unique and give DAZ a competitive advantage in the marketplace; that DAZ 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 DAZ 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 DAZ.

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 State of Utah. Jurisdiction and venue for the enforcement of this Agreement shall be found exclusively in the courts within Utah County, State of Utah.

c. Further Information. Should you have any questions concerning any of the provisions of this Agreement, or if you desire to contact DAZ, please write: DAZ Productions, INC., 1350 E. Draper Parkway, Draper, UT 84020. 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.

d. Trademark and Copyright. All DAZ products are trademarks or registered trademarks of DAZ Productions, INC. All other brand and product names are trademark or registered trademark of their respective holders.

DAZ Productions, INC., 2004.

************************************************

Contact DAZ Productions:

website: www.daz3d.com
phone: 801-495-1777 or 800-267-5170
fax: 801-495-1787

Address:
DAZ 3D
12637 South 265 West #300
Draper, UT 84020

Kattey

From that EULA I'm seeing "User does not have the right to provide the 3-D Model(s) to others in any form or on any media."
Which is sort of what it is now as well.

adamr001

JasmineSkunk said:

I just went to my account page and can not seem to access my downloads folder.... I am presented with some kind of new license agreement.....

Ummm???

I already made an agreement with you concerning products that are currently already in my downloads folder... I would like access back into my account, please.

Thank you

JasmineSkunk

Hi Jasmine,

DAZ is aware of the concerns with the new EULA and are taking steps to address them as noted in this thread. Unfortunately, for the moment you must either agree or wait. I apologize that there is currently not another solution. We expect a resolution as soon as possible.

DanaTA

JasmineSkunk said:

I just went to my account page and can not seem to access my downloads folder.... I am presented with some kind of new license agreement.....

Ummm???

I already made an agreement with you concerning products that are currently already in my downloads folder... I would like access back into my account, please.

Thank you

JasmineSkunk

This makes me glad that I download everything I get here right away! My last "purchase" was the free candles collection. Downloaded on the 5th.

Dana

Christen

DanaTA said:

JasmineSkunk said:

I just went to my account page and can not seem to access my downloads folder.... I am presented with some kind of new license agreement.....

Ummm???

I already made an agreement with you concerning products that are currently already in my downloads folder... I would like access back into my account, please.

Thank you

JasmineSkunk

This makes me glad that I download everything I get here right away! My last "purchase" was the free candles collection. Downloaded on the 5th.

Dana

Same here. I just don't install most of it until a few years later.

WhiteMyst

Gads legalise makes my head hurt. I have so many questions about this new EULA, what is allowed for render, what is allowed when you create a texture for a product sold here. Can you give these items away or sell them and allow commercial use? Can you print out a render and sell it? I love to render, say, V4, wearing a lovely skin texture and outfit I bought and give the resulting png's away for people to use in personal or commercial use. Can I do this now? When I do mange to create a halfway decent clothing texture I like to give that away and allow folks to use it for personal and commercial use. I guess I will wait until the revised EULA is posted and read it and then ask my questions.

I do know this. If I am no longer allowed to give away png's (tubes) and clothing textures this hobby has just become useless to me and I will quit and will be asking DAZ for a refund for everything they demand I delete. :(

murgatroyd314

I have to wonder if the arbitration clause is "so one-sided as to be unconscionable". After all, it's invoked if and only if a court refuses to uphold DAZ's injunction.

Dave Savage

WhiteMyst said:

Gads legalise makes my head hurt. I have so many questions about this new EULA, what is allowed for render, what is allowed when you create a texture for a product sold here. Can you give these items away or sell them and allow commercial use? Can you print out a render and sell it? I love to render, say, V4, wearing a lovely skin texture and outfit I bought and give the resulting png's away for people to use in personal or commercial use. Can I do this now? When I do mange to create a halfway decent clothing texture I like to give that away and allow folks to use it for personal and commercial use. I guess I will wait until the revised EULA is posted and read it and then ask my questions.

I do know this. If I am no longer allowed to give away png's (tubes) and clothing textures this hobby has just become useless to me and I will quit and will be asking DAZ for a refund for everything they demand I delete. :(

As far as I can make out, the relevant sections in the new EULA are to bring it in line with new technologies that weren't considered in the old one (ie: 3D Printers that print actual 3 dimensional solid models)
The reason that you can and have always been able to distribute and sell your renders is that you were not distributing or selling the original mesh geometry which when you purchase a product, you don't own the geometry, you only buy a licence to use it, the actual geometric model remains the property of Daz. A 3D printer requires you to supply the mesh geometry to the person who's going to print it out for you and that's the bit that's not allowed. I suspect if you owned your own 3D printer and didn't have to supply the geometry to a third party, everything would be hunky dory, but the wording of the EULA isn't clear on that point.

The publishing industry has the same problem where you can legally distribute any document you make, but it's illegal to supply the fonts you use to create the document... So they invented the .pdf. It's an effective way to reduce illegal copying of stuff. Sadly, when measures like this are implemented, they affect more the honest and law abiding people (Pirates don't give a hoot about EULA's and will agree to them regardless and then simply ignore the terms and conditions).

JasmineSkunk

adamr001 said:

JasmineSkunk said:

I just went to my account page and can not seem to access my downloads folder.... I am presented with some kind of new license agreement.....

Ummm???

I already made an agreement with you concerning products that are currently already in my downloads folder... I would like access back into my account, please.

Thank you

JasmineSkunk

Hi Jasmine,

DAZ is aware of the concerns with the new EULA and are taking steps to address them as noted in this thread. Unfortunately, for the moment you must either agree or wait. I apologize that there is currently not another solution. We expect a resolution as soon as possible.

My issue is not with the new EULA... I simply have not agreed to it. Simple enough. My issue is that I am unable to access my account for products that have already been agreed upon and have already been purchased.

kyoto kid

...at least this one had an "accept" button. The last time it popped up there was no option to agree or disagree with it and it just kept appearing no matter what you did.

Spit

Most of this is hysteria and the business of not accepting the Eula then being denied access to your files is being addressed.

The only thing of interest and isn't it new? is the bit about 3D printing which itself is fairly new but now becoming ubiquitous. DAZ must address this because the actual protected 3D files are sent off to the printer and permission is necessary (how obtained?) to do so. It is the user's responsibility to protect these files (as stated in EULA's before) but how much control does the User have if he sends the files off to an unknown entity? And what good would this EULA be if it weren't able to cover ALL of DAZ's content no matter when User purchased it and under what EULA. It's not a change, it's an addition. Or something.

There is nothing in here that bothers me and I willingly accepted it.