Can somebody please explain what this means in the EULA?

joseph06

Three Dimensional Works. Daz wishes to encourage the expansion of the catalog of Content available to its users. Accordingly, User may access, use, copy, and modify the Content to create one or more derived or additional three-dimensional works provided that:
 

• any such derived or additional three-dimensional works are designed to require or encourage the use of CRT Content available through the online Daz store either by (i) requiring the use of such CRT Content to function, or (ii) allowing only limited function when not used in conjunction with CRT Content from the online Daz store; and
• upon receipt of a written request from Daz, User immediately ceases any and all distribution of the art that User has created from the CRT Content, if Daz has determined, in its sole discretion, that (i) such art is substantially similar to or is a clone of existing Content; or (ii) such derived or additional work fails to require the use of Content available through the online Daz store.

 

What I would like to do is make a bunch of character presets with the files that I have, and then sell a collection of presets on places like Ebay. This part in the EULA is so confusing I don't know if it allows me to do this or not.

nicstt

joseph06 said:

Three Dimensional Works. Daz wishes to encourage the expansion of the catalog of Content available to its users. Accordingly, User may access, use, copy, and modify the Content to create one or more derived or additional three-dimensional works provided that:
 

• any such derived or additional three-dimensional works are designed to require or encourage the use of CRT Content available through the online Daz store either by (i) requiring the use of such CRT Content to function, or (ii) allowing only limited function when not used in conjunction with CRT Content from the online Daz store; and
• upon receipt of a written request from Daz, User immediately ceases any and all distribution of the art that User has created from the CRT Content, if Daz has determined, in its sole discretion, that (i) such art is substantially similar to or is a clone of existing Content; or (ii) such derived or additional work fails to require the use of Content available through the online Daz store.

 

What I would like to do is make a bunch of character presets with the files that I have, and then sell a collection of presets on places like Ebay. This part in the EULA is so confusing I don't know if it allows me to do this or not.

You need to contact Daz direct; we are all amateur lawyers here, meaning the advice we give you is useless; except for contacting Daz, or speaking to a lawyer.

joseph06

Thanks!

Chohole

The part you have quoted comes from the  Daz Commercial Real-time Addendum    The terms of this addendum 3.0 are in force only when User has purchased a “Game Developer License” from the online Daz store.   You only purchase a Game dev license if you are about to produce a new game.

You need to abide by the General usage section of the EULA.   

The most important part of the General section is where it says

 

• Restrictions on Copying. The Content is provided for User's exclusive use. User does not have the right to provide the Content to others in any form or on any media except as set forth in this Agreement. The Content may be copied in whole or in part for User’s exclusive use. Specifically, User may copy the Content onto the storage device of an unlimited number of computers owned or controlled by User. The Content is for User’s exclusive use and no other individual or entity. Each individual must obtain his or her own license to use the Content.
• Terms of Use. Two Dimensional Works. Subject to the terms and conditions of this Agreement, User may (i) access, use, copy and modify the Content in the creation and presentation of two-dimensional animations and renderings, (ii) incorporate two dimensional images (including two dimensional images that simulate motion of three dimensional objects) derived by User from the Content in User’s other works, and (iii) publish, market, distribute, transfer, sell or sublicense User’s two-dimensional animations, renderings and other works; provided that User may not in any case publish, market, distribute, transfer, sell or sublicense any renderings, animations, software applications, data or any other product from which any Content, or any part thereof, or any substantially similar version of the Content can be separately exported, extracted or de-compiled into any re-distributable form or format.

 

jestmart

Actually I believe that portion was added to allow the creation of geografts.  A geograft needs to copy a ring of vertices from the original mesh in order to 'weld' itself on to the mesh, the old EULA did not allow that.

Chohole

jestmart said:

Actually I believe that portion was added to allow the creation of geografts.  A geograft needs to copy a ring of vertices from the original mesh in order to 'weld' itself on to the mesh, the old EULA did not allow that.

Read the EULA again and you will see that Addendum 3 applies to the game dev licenses,  and the part that the OP quoted came from Addendum 3

linvanchene

Chohole said:

jestmart said:

Actually I believe that portion was added to allow the creation of geografts.  A geograft needs to copy a ring of vertices from the original mesh in order to 'weld' itself on to the mesh, the old EULA did not allow that.

Read the EULA again and you will see that Addendum 3 applies to the game dev licenses,  and the part that the OP quoted came from Addendum 3

It is a great example how parts of the 1.0 General License Agreement were just copy and pasted to the Appendum for the game developer licenses with a few words exchanged. Sometimes it may be difficult to figure out in which cases some of those sections would apply for those purposes. ^_-

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Anyway, the corresponding section in the 1.0 General License Agreement can be found under Terms of Use:

 "Three Dimensional Works. Daz wishes to encourage the expansion of the catalog of Content available to its users. Accordingly, User may access, use, copy, and modify the Content to create one or more derived or additional three-dimensional works provided that:
 

• any such derived or additional three-dimensional works are designed to require or encourage the use of Content available through the online Daz store either by (i) requiring the use of such Content to function, or (ii) allowing only limited function when not used in conjunction with Content from the online Daz store; and
• upon receipt of a written request from Daz, User will immediately cease any and all distribution of the derived or additional three-dimensional works User has created from the Content, if Daz has determined, in its sole discretion, that (i) such additional or derived work is substantially similar to or is a clone of existing Content; or (ii) such additional or derived work fails to require or encourage the use of Content available through the online Daz store as described above."

Source:

http://www.daz3d.com/eula

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Freely translated:

You can create 3 dimensional addons for products sold in the DAZ store. But if DAZ3d does not like that activity they can tell you at any point to stop distributing the product.

Examples could be clothes for characters, modifications for vehicles, buildings, the mentioned geografts etc.

 

If you are bored now try to figure out which section of the EULA covers derived or additional two-dimensional works for products like textures.

-> In such cases it is best to consider the underlying intention and not the actual wording.

And that may be the main reason why everyone advises to just contact Daz 3D support to provide clarification ;-)