IMPORTANT PLEASE READ CAREFULLY
3D UNFORGETTABLES, INC. PRODUCT USER LICENSE AGREEMENT
This is a legal and binding license agreement between you, also known throughout this agreement as “you”, “your”, “user”, “licensee”, the licensee whom is the user only, re: original purchaser whom resides at one single physical street address, of any content herein this file, and 3D Unforgettables, Inc.., also known throughout this agreement as “we”, “us”, “our”, “licensor”, and “3DUINC.” whom is the registered copyright holder, and licensor, and creator of all contents within this file.
02. TERRITORY:
This agreement applies worldwide.
03. REGISTERED OWNERSHIP :
The ownership registered in whole or in part for contents within contains copyrighted and/or proprietary information protected by the laws of the Copyright Office of The United States of America. “3DUINC.”, retains all rights and ownership of any contents herein.
04. GRANTS OF RIGHTS :
You may access, apply & use in artwork, logos, web designs, scrapbook pages or for visual arts only, but you may not copy nor modify any of the 3d maps, materials, poses, lights, shaders or any other content created by “3DUINC.”, (this does not pertain to changing a light adjustment, or a shader adjustment, or a pose adjust for “your” renderings, animations, and/or visual arts, but you may not modify the content herein and call it “your” own for free or otherwise). Any product derived by “3DUINC.”, users rights are for only the creation of/and/or the presentations of 3d animation and/or 3d/ 2d rendering and/or 2d/3d visual art works providing you cannot dissect the full 3d maps. All other rights with respect to the contents herein and their use are reserved specifically to “3DUINC.”.
05. EXTRACTION OF CONTENTS IN WHOLE OR IN PART :
By extracting, unzipping, win raring or any other means of removing content from a digital downloadable file from the contents herein in whole or in part, or using any product by “us”, in whole or in part, you signify that you have read thoroughly and agree completely to all the terms and conditions set forth within this license agreement by “3DUINC.”.
Furthermore, by extracting any content from within this package in whole or in part or using any of the digital related graphics in whole or in part, such as, but not limited to, 3d texture maps, 3d bump maps, 3d displacement maps, 3d mask maps, 3d shaders setups, 3d node setups, 3d materials setups, 3d models, 3d props, 3d lights settings, 3d poses settings, 3d hair styles setups, or any other content herein, you give your full acceptance of this said agreement by “3DUINC.”, herein and unconditional acceptance set forth herein of any and all the terms and conditions set forth within this product license agreement by “3DUINC.”.
This license agreement constitutes the complete agreement between “you” the user only and “3DUINC.”.
06. ASSIGNMENT :
You may not assign this agreement or your rights hereunder without the prior written consent of “3DUINC.”, (meaning that you cannot give your copy of the content herein to someone else and have them take over your obligations or ownership under this agreement). If you try to do so is in violation of these terms, it will be null and void, and you will be responsible for the other person’s use of the content herein, and/or any and all legal fees due, to you the user, not complying with the full license agreement set forth here within by “3DUINC.”.
07. DISPUTES:
All disputes arising from or of content by “3DUINC.”, with respect to this agreement shall be governed by the laws of the State Of Washington and adjudicated in a court of competent jurisdiction in the State Of Washington, and the user hereby consents to personal jurisdiction in the State Of Washington. Upon mutual agreement by the parties, such disputes may be resolved by arbitration or mediation. Furthermore, “user” agrees to pay “3DUINC.” all costs, expenses, and attorney's fees expended by “3DUINC.” in the collection of the purchase price plus and a nine and a half percent (9 1/2%) interest rate re-occurring monthly , or the maximum permitted by law, whichever is less whether by filing a lawsuit or otherwise.
08. PURCHASE AND USEAGE AGREEMENT :
User agrees to pay “3DUINC.” prior to delivery of the contents herein the full purchase price for the contents herein. Any payments that are not made when due shall incur an interest rate of nine and half percent (9 1/2%) per month, or the maximum permitted by law, whichever is less. In addition, but not limited to, the user agrees to pay “3DUINC.” any and all applicable taxes in conjunction with the purchase of this license for or if whenever “3DUINC.” must collect and/or pay such taxes from or on behalf of user according to the departmental authority of the taxing unit.
09. UNAUTHORIZED DUPICATION OR COPYING OF CONTENTS:
“ User” is unauthorized and expressly forbidden of copying any of the contents herein and agrees to this set forth within this agreement. The contents herein are provided for one user exclusively to use at one single physical street address. User does not have the right to provide the contents herein to any others in any form or on any media, “you” the user may copy the contents herein on a storage device, such as external hard drives, dvd, cd, internal hard drive; provided that all such backup media is physically located at the users single specific street address. Furthermore, user agrees to pay “3DUINC.” all costs, expenses, and attorney's fees expended by “3DUINC.” in the collection of the purchase price, whether by filing a lawsuit or otherwise.
10. DIGITAL DATA:
“3DUINC.”, warrants that, to the best of our knowledge, the digital data does not infringe the rights of any third party, nor was the digital data unlawfully copied or misappropriated from digital data owned by any party; provided, however, that “3DUINC.”, makes no representation or warranty with respect to infringement of any third partys rights from images, such as images purchased on the internet for the use of creating 3d texture maps that have been modified from their original rendered state.
11. 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 content herein on a temporary or permanent basis. “3DUINC.”, content and/or contracts are nontransferable and shall only be used by the licensed user. The user may not create derivative works from the content herein. These restrictions do not pertain to rendered images and/or animations and/or visual arts as long as they comply with our usage license.
12. PROTECTION AND SECURITY :
User agrees not to disclose, publish, release, transfer, or otherwise make available the content herein, or any portion thereof, in any form, to any persons, other than the user, re: the original buyer, without prior written consent from “3DUINC.”.
User agrees that the content here within is the property of “3DUINC.”, and further agrees to protect the content herein and all parts thereof from unauthorized disclosure and use by anyone other than the user, whom is the original purchaser, residing at one single physical street address, user shall be exclusively responsible for the contents herein. User agrees to insure that their usage complies with the terms and conditions set forth within this agreement. And user agrees to insure that they refrain from duplicating and/or creating likeliness of content herein and refrains from taking any steps to derive a duplication or equivalent of the content herein for sale, or otherwise.
13. LIMITED WARRANTY :
“3DUINC.” warrants that digital content herein does and will perform as stated on the written product advertisement page. If defective the purchaser is required to send a copy of their purchase invoice to “us” at:
info@3dunforgettables.com
within seven (7) days. “3DUINC.” has the option to fix or replace. “We” do not issue refunds on any downloadable content as set forth in the license agreement. If any content was damaged by accident, abuse, or misapplication, “we” shall have no obligation to replace the media or refund the purchaser.
14. REFUNDS ON ELECTRONICALLY TRANSFERRED FILES :
“3DUINC.” does not provide refunds by any means on any electronically transferred files due to the type of file. If the purchaser has a problem with the use of said content herein, the purchaser is required to contact support by telephone or by email. Information provided below for contact.
15. FURTHER INFORMATION :
Should you have any questions concerning any of the provisions of this agreement, or if you desire to contact “3DUINC.”,
please write:
3D Unforgettables, Inc.
900 Meridian Ave. E. #19-266
Milton, WA. 98354.
16. COPYRIGHTS AND TRADEMARKS :
All “3DUINC.” products and product sources, excluding third party photographs purchased for the use of 3d maps, are registered with the USA copyright office to “3DUINC.”.
Please see http://www.copyright.gov/ for more information.
[www.copyright.gov]
3D Unforgettables, Inc., 2003
Tamela Jaeger 1999
Tamela.J. 2006
TamelaJ 1999
ABT Art by Tamela 2002
EPB Elegant Pixel Blends 2000
17. REFUSAL OF ACCEPTANCE OF LICENSE AGREEMENT :
If you do not agree to the terms of this license agreement, you may remove said contents from your computer without any such refunds. “3DUINC.”will not provide refunds on any downloadable contents as set forth in the agreement upon purchasing said product for any electronically transferred files. You must delete content in whole from your computer and/or any backups of this content if you do not agree with this said license agreement.
18. CONTACTS :
3D Unforgettables, Inc.:
Website:
www.3dunforgettables.com
Address:
3D Unforgettables, Inc.
900 Meridian Ave E. #19-266
Milton, WA. 98354
19. INDEMNIFICATION BY LICENSEE:
Licensee shall indemnify Licensor and hold Licensor harmless from any damages and liabilities (including reasonable attorney fees and costs), arising out of any alleged defects or failures to perform of the Licensed Products or any product liability claims or use of the Licensed Products
20. INVALIDITY:
If any provision of this Agreement is invalid under applicable statute or rule of law, it is to be considered omitted and the remaining provisions of this Agreement shall in no way be affected.
21. NO SPECIAL DAMAGES:
Licensor shall not be liable to Licensee for any incidental, consequential, punitive or special damages.