Attack of the EULA

135

Comments

  • Miss BMiss B Posts: 3,071
    edited December 1969

    I'm just seeing this thread for the first time, and I just tested, and I'm having no problems whatsoever in the store.

    I can't hazzard a guess as to why you guys are all having problems, but I'll try to pass this along to someone who does know what it's about.

    Hang in there, at least it's NOT a Friday. It may get fixed tomorrow.

  • mjc1016mjc1016 Posts: 15,001
    edited December 1969

    Miss B said:
    I'm just seeing this thread for the first time, and I just tested, and I'm having no problems whatsoever in the store.

    I can't hazzard a guess as to why you guys are all having problems, but I'll try to pass this along to someone who does know what it's about.

    Hang in there, at least it's NOT a Friday. It may get fixed tomorrow.

    You must be the only one not having problems...my guess is that it hasn't spread completely through the cloud yet...

  • LycanthropeXLycanthropeX Posts: 2,287
    edited December 1969

    yeah i still can't access my account or cart or anything

  • hjakehjake Posts: 889
    edited January 2013

    Arotech said:
    I was starting to get pissed since I'm doing a total redownload, and can't get the enviroment installer to run.

    Maybe YOU'RE the one that broke the site!! Bet you did! ;)


    did you type google into google?


    http://www.youtube.com/watch?v=OqxLmLUT-qc

    Post edited by hjake on
  • LycanthropeXLycanthropeX Posts: 2,287
    edited December 1969

    someone divided by zero

  • WendyLuvsCatzWendyLuvsCatz Posts: 38,202
    edited December 1969

    in case you missed it


    DAZ Productions, Inc. 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 "DAZ3D". BY OPENING THIS DATA PACKAGE OR USING THIS 3-D MODEL(S), MOTIONS, TEXTURE MAP(S), BUMP MAP(S), OR ANY OTHER 3-D RELATED PRODUCTS, HEREINAFTER REFERRED AS 3-D MODEL(S), (OR AUTHORIZING ANY OTHER PERSON TO DO SO), YOU INDICATE COMPLETE AND UNCONDITIONAL ACCEPTANCE OF ALL TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. THIS LICENSE AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT BETWEEN YOU AND DAZ3D. 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 DAZ3D 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 HAVE HAVE USED.
    3-D MODEL LICENSE. DAZ3D 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)").
    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. DAZ3D retains all rights in, title to, and ownership of the 3-D Model(s). User shall take all steps reasonably necessary to protect DAZ3D'S ownership rights. DAZ3D 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.
    LICENSE FEES. User agrees to pay DAZ3D 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 DAZ3D any and all applicable tax that is levied in conjunction with the purchase of this License for the 3-D Model(s) whenever DAZ3D 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 DAZ3D all costs, expenses, and attorney's fees expended by DAZ3D in the collection of the purchase price, whether by filing a lawsuit or otherwise.
    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 DAZ3D'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 provide 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 DAZ3D (and its licensors).
    INFRINGEMENT WARRANTY. DAZ3D 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 DAZ3D 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).
    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 DAZ3D. DAZ3D'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.
    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 DAZ3D. User agrees that the 3-D Model(s) is the property of and proprietary to DAZ3D, 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.
    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.
    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., 12637 South 265 West, Suite 300, Draper, UT 84020.
    PATENT, COPYRIGHT, AND TRADE SECRET INDEMNITY. User agrees to indemnify and hold harmless DAZ3D 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.
    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. Upon the return of the defective media and a copy of the invoice, DAZ3D has the option to replace the media or refund the purchase price. In the event DAZ3D elects to refund the purchase price, User's License is revoked and User warrants and agrees to return the 3-D Model(s) to DAZ3D and to destroy any and all copies made therefrom. In no event shall DAZ3D'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, DAZ3D 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.
    NO OTHER WARRANTIES. DAZ3D 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 DAZ3D or its dealers, distributors, officers, agents, employees, or suppliers be liable for any damages whatsoever, wether based on contract, tort, warranty, or other legal or equitable grounds, including without limitation, damages for less 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 DAZ3D 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.
    NO LIABILITY FOR HARDWARE. User assumes complete responsibility for all hardware used in conjunction with the 3-D Model(s). DAZ3D 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.
    INDEMNIFICATION. User shall defend, indemnify, and hold DAZ3D harmless from any actions, claims, or proceedings with respect to the 3-D Model(s) or other provisions of this Agreement.
    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 DAZ3D shall impair or effect DAZ3D'S right to exercise the same. An extension of indulgence or forbearance (which must be in writing) shall not otherwise alter or effect DAZ3D'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 DAZ3D. 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 DAZ3D shall be entitled by right to an Injunction restraining the User from violating any of said provisions. User hereby acknowledges that DAZ3D has disclosed or will disclose to User valuable proprietary data set products, which are new and unique and give DAZ3D a competitive advantage in the marketplace; that DAZ3D 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 DAZ3D 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 DAZ3D.
    GENERAL PROVISIONS
    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.
    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.
    Further Information. Should you have any questions concerning any of the provisions of this Agreement, or if you desire to contact DAZ3D, please write: DAZ PRODUCTIONS, INC., 224 South 200 West, Suite #250, Salt Lake City, UT 84101. If you need technical support for a DAZ3D product, please call (801) 983-6415. Our technical support hours are 9:00 a.m. to 5:00 p.m. M.S.T.
    Trademark and Copyright. All DAZ3D 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., 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013.

  • vwranglervwrangler Posts: 4,885
    edited December 1969

    People are trying to shop on the website or get into their account to reset or download products, and are getting a page with the EULA instead.

    Yes, I know, I started the thread.

    However, a couple of people in the thread have said that their Genesis.dsf file and related content was deleted. I think this is an installation issue, rather than a program/EULA coordination issue -- they reinstalled Studio but got cut off before they could download and install Genesis Starter Essentials. However, there was also a screenshot of a really bizarre message that I've never seen before, and it sounded like the people were saying that when they started Studio, it checked the website for EULA acceptance, and then deleted content or blocked program use and installation because it couldn't find that. That's what I'm trying to confirm.

    As I say, I think mostly it's installation issues, but that doesn't explain the weird screencap that someone posted earlier in this thread of Studio asking , "Have you read your EULA?"

  • LycanthropeXLycanthropeX Posts: 2,287
    edited December 1969

    thanx Wendy, we haven't seen that enough tonight

  • spimspim Posts: 3
    edited January 2013

    I'm sure it will be fixed . . . . . . soon ...

    Post edited by spim on
  • KickAir 8PKickAir 8P Posts: 1,865
    edited December 1969

    spim said:
    I'm sure it will be fixed . . . . . . soon ...

    AAAAAAAAAAAAAAAAAAAAARRRRRRRGH! Not the s-word!!! >:-(
  • KuriosDrachenKuriosDrachen Posts: 25
    edited December 1969

    I will say it's nice to read complaints about a down site and not have explicatives splashed up and down the page. I give Daz3D.com props for fostering a quality community. It seems most people here have more than an average amount of common sense...

  • LycanthropeXLycanthropeX Posts: 2,287
    edited December 1969

    it seems to have gotten worse, i can't even window shop anymore

  • MedzinMedzin Posts: 337
    edited January 2013

    The notification ebots just woke up and/or got over constipation.
    Just got 37 "Someone just posted....." messages

    Post edited by Medzin on
  • SuperdogSuperdog Posts: 765
    edited December 1969

    I've been trying to log into my account but I just get an 'End User License Agreement ' page. There is no button to click to agree to it. Just this page. I've bought some more products and I want to download them but I can't. Anyone know what's going on?

  • WendyLuvsCatzWendyLuvsCatz Posts: 38,202
    edited December 1969

    Wiccan1 said:
    Ditto here too...

    a joke lol!
    but if they ever introduce DRM, POSSIBLE!!!
  • MattymanxMattymanx Posts: 6,902
    edited December 1969

    I can access the product pages in Opera when logged out. But in Firefox I cannot access anything other then the EULA page.

    If I sign in in Opera, I can access pages I have been to but cannot add to cart.

  • swfreemanswfreeman Posts: 6
    edited December 1969

    you are right, i have just tried to remove and re add my item to my cart, and clicking the item link is getting me to the license aswell.

  • Ariella CandelariaAriella Candelaria Posts: 17
    edited December 1969

    I am having the same problem

  • LycanthropeXLycanthropeX Posts: 2,287
    edited December 1969

    firefox and IE are both giving me the EULA

  • clipkaclipka Posts: 8
    edited December 1969

    it seems to have gotten worse, i can't even window shop anymore

    still possible here, but only if I log out (which also logs me out of the forums).

  • swfreemanswfreeman Posts: 6
    edited December 1969

    firefox and IE are both giving me the EULA

    and chrome

  • Coon RaCoon Ra Posts: 200
    edited December 1969

    On the homepage the license agreement link leads to http://www.daz3d.com/license-agreement , where there is a text "DAZ PRODUCTIONS, INC., 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012."
    The eula treat has the text "DAZ PRODUCTIONS, INC., 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013."
    I have only bad words if this action should be just license agreement text replacement.

  • swirlerswirler Posts: 0
    edited December 1969

    I am getting the same issue. The only place I can get besides the EULA is the forums. Which stinks because I just found something I hav3e been looking for someone to make for awhile and they have. And now I can't buy it yet!! grrr

  • SpitSpit Posts: 2,342
    edited December 1969

    It's just been one continuous fustercluck since they updated the site. I miss the old site... :-/

    I miss the site prior to the old site.

  • clipkaclipka Posts: 8
    edited December 1969

    Coon Ra said:
    On the homepage the license agreement link leads to http://www.daz3d.com/license-agreement , where there is a text "DAZ PRODUCTIONS, INC., 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012."
    The eula treat has the text "DAZ PRODUCTIONS, INC., 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013."
    I have only bad words if this action should be just license agreement text replacement.

    That, and the contact address & tech hotline number. Other than that, there is NO CHANGE AT ALL. Hooray!

  • FSMCDesignsFSMCDesigns Posts: 12,754
    edited December 1969

    I will say it's nice to read complaints about a down site and not have explicatives splashed up and down the page. I give Daz3D.com props for fostering a quality community. It seems most people here have more than an average amount of common sense...

    You need to get out more, LOL. While i agree about the language, users here usually throw DAZ under the bus for any little perceived hiccup in their site experience. This real issue isn't going to help that, LOL.

  • swfreemanswfreeman Posts: 6
    edited January 2013

    Spit said:
    It's just been one continuous fustercluck since they updated the site. I miss the old site... :-/

    I miss the site prior to the old site.

    and i miss the pages before, when daz was called just zygote :D

    Post edited by swfreeman on
  • SpyroRueSpyroRue Posts: 5,020
    edited December 1969

    Spit said:
    It's just been one continuous fustercluck since they updated the site. I miss the old site... :-/

    I miss the site prior to the old site.

    You'd think that with non stop issue after issue, glitch after glitch and malfunction after malfunction, they would have got rid of the new site long ago. lol

  • Miss BMiss B Posts: 3,071
    edited January 2013

    Mattymanx said:
    I can access the product pages in Opera when logged out. But in Firefox I cannot access anything other then the EULA page.

    If I sign in in Opera, I can access pages I have been to but cannot add to cart.


    Interesting. I'm using Firefox, though I have to admit not the most recent version, though I can't believe that has anything to do with it.

    No problem in IE 9 either. I never upgrade IE past what comes installed with the version of Windows on a new computer. I don't use it much, so never found a need.

    Post edited by Miss B on
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