

CARRARA SOFTWARE DEVELOPMENT KIT
LICENSE AGREEMENT


DAZ Productions IS WILLING TO LICENSE THE ACCOMPANYING SOFTWARE DEVELOPMENT KIT ("SOFTWARE") FOR CARRARA ("PRODUCT") TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THE LICENSE AGREEMENT (“LICENSE”). READ THE TERMS AND CONDITIONS OF THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY USING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT OR AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PROMPTLY REMOVE THE SOFTWARE FROM ALL OF YOUR COMPUTERS.



1- License:  Subject to the restrictions set forth below, DAZ Productions grants to you a non-transferable, non-exclusive, limited License to use the Software to develop applications ("Plug-Ins") that requires the Product to operate. Under this License, you may reproduce, market, sell, lease, license and distribute the Plug-ins. The Software shall be used only for purposes to develop Plug-ins to be used and interfaced with the Product. 

You may not reverse engineer, de-compile, disassemble, translate, alter, adapt, transfer, assign, rent, resell or in any way distribute the Product or the Software that is supplied to you under this License. You may not use the Software to create applications that would compete with the Product or eliminate the use of the Product. You may not modify the Software.

You may not use DAZ Productions’ name, logo or trademarks to market your products. You may not assign your rights or obligations granted under this License without the prior written consent of DAZ Productions. 

You may not make or have made any unlicensed copies of the Product or the Software, sell, sublicense, rent, loan or lease the Software or the Product to any third party.

You may use, modify or incorporate the source code examples ("Sample Code") contained in the Software in the Plug-Ins and distribute resulting Plug-Ins. Any modified or included portion of the Sample Code is subject to this License. 


2- Proprietary Rights:  The Software and the Product, and all trade secrets, copyrights, patents, trademarks and trade names are the intellectual property of DAZ Productions and its suppliers and are protected by United States copyright and patent laws, international treaty provisions and applicable laws of the country in which it is being used. You shall not, either directly or indirectly, dispute the ownership of any such rights of DAZ Productions, during or at any time after the expiration or termination of this License. You agree to protect all copyright and other ownership interests of DAZ Productions and/or its suppliers in all items in the Software supplied under this License Agreement. 

During the term of this Agreement, you may use the copyrights, trademarks and trade names of DAZ Productions solely in connection with the advertising, display, and marketing of the Plug-ins, provided that it clearly identifies the Product as belonging exclusively to DAZ Productions. No other use of DAZ Productions's trademarks, trade names, and commercial markings are permitted.

You are not granted any rights to patents, copyrights, trade secrets, trademarks or any other rights in respect to the items in the Software and the Product. DAZ Productions retains titles and ownership of the Software and the product. 

 
3- Limited Warranty: The Software is provided "AS IS " without a warranty of any kind. 


4- Disclaimer of Warranty: 
DAZ PRODUCTIONS DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED WITH RESPECT TO THE SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL DAZ PRODUCTIONS OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF DAZ PRODUCTIONS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. DAZ PRODUCTIONS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL OPERATE IN THE COMBINATION YOU SELECT OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.


5- Indemnification:  You agree to indemnify, hold harmless, and defend DAZ Productions from and against any claims or lawsuits, including attorney’s fees, which arise or result from the use or distribution of the Plug-In containing Sample Code or the Software, provided that DAZ Productions gives you prompt written notice of any such claim.

6- Termination: This license is effective until terminated. You may terminate this License by destroying all copies of the Software including accompanying documentation. This License will terminate immediately without notice from DAZ Productions if you fail to comply with any provision of this License. Upon termination, you must destroy all copies of the Software.

7- Export Regulations: You shall (i) comply with all US laws and regulations pertaining to security and export controls, and (ii) not export Software without the required government approvals.

8- Law: This agreement represents the complete agreement concerning this License between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this License is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.
 
    This License shall be governed by and construed under Utah law as such law applies to agreements between Utah residents entered into and to be performed within Utah, except as governed by Federal law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. 



Manufacturer is DAZ Productions, Inc., 12637 South 265 West, Suite 300, Draper, UT 84040 USA.
http://www.daz3d.com, 801.495.1777 (v). 801.495.1787 (f). tech@daz3d.com.
©Copyright 2010 DAZ Productions, Inc. All rights reserved.

