LICENSE: COMMERCIAL USE License PRODUCT: Ambience 9-Piece COllection for Daz Studio & Poser ARTIST: ScoWin (Scott Winters) COPYRIGHT: Copyright © 2010, ScoWin. All Rights Reserved. VENDOR: Winterbrose (www.winterbrose.com) EFFECTIVE: 31-May-2010 Definitions 1) “License” – Binding agreement and terms of use for a product or service provided to another. 2) “Product” - All forms of the item(s) provided, whether in whole or in part, to which a license applies and regardless of what media type, packaging or distribution method was used. 3) “Artist” – The author(s) or creator(s) of the product. 4) ”User” - Any person, entity, group, organization or business in possession of or having access to the product or any portion thereof. “Single-User” - Only one individual person; this term may be referred to as user in applicable licenses. 5) "Works" - Any creation by a user incorporating the product or any portion of the product; “Derivative Works” - Works based upon the product where the product forms the main basis for the creation and without the product the creation would otherwise not exist; “Authorized Works” - Works that comply with ALL terms/restrictions of the applicable license. 6) “Tangible” - Physical Item that exists in the real-world and can be touched and/or seen. 7) “Non-commercial” - The product or works is not used for any business-related activities regardless of intended purpose. This includes both for-profit, non-profit and personal business activities. “Commercial” – The product or works is used for business-related activities. 8) “Unpublished” - Persons other than the user cannot access, utilize or view the product or works. For instance, the user cannot include the product on an intranet (lan/wan/man), on the internet (webpages/forums/downloads), in a tutorial, in entertainment media (music/video/movie), printed media (pamphlets/books/magazines), or electronic media (doc’s, pdf’s, images). “Published” - Persons other than the user can access, utilize or view the product or works via an intranet, the internet, tutorials, entertainment media, electronic/printed media, or other means. 9) “Private” - The product and works are for the sole use of the user and cannot be sold/given to any other person, entity or group. “Public” - The product and works are for use by any person, entity or group. General Restrictions and Terms Of Use 1) By using the Product under this license, the User agrees to and will comply with all requirements. 2) The purpose of this C.U. License is for Single-User Commercial Publishing/Production Purposes. 3) This License is only valid and applicable if the User purchased a Commercial Use License for the Product directly from the author/creator or through the authorized reseller/broker Winterbrose. 4) The User must register with Winterbrose and receive an Official Usage and Production Certificate before using the Product under the terms of this license. (see “How To Register” section below) 5) The User affirms that this license was properly obtained via an authorized seller, reseller or broker. 6) The User will not use the Product for any illegal activity and accepts all liability for such activities. 7) The User is not authorized to create Works which compete with the Product. 8) The User is not authorized to create Derivative Works based upon the Product, including but not limited to brushes, tubes, nozzles, patterns, shaders or similar tools, with the exception of. derivative works created for the sole unpublished use of the User. 9) The User is not authorized to use the Product to create Works in which the Product is the primary component or main focus of the Work, such as backgrounds/wallpapers created solely from Product. 10) The User is authorized to use the Product to create pre-rendered art or pre-rendered animations. 11) The User is authorized to use the Product and/or Works for personal or commercial activities. 12) The User is not authorized to publish the Product in any format or by any means; however, the User is authorized to publish their own authorized Works in any format by any means. 13) The User is not authorized to share, sell, post, package or distribute the Product; however, the User is authorized to share, sell, post, package or distribute their own authorized Works. 14) The User is authorized to produce, distribute and sell tangible items based upon their own Authorized Works in the form of Tattoos, Calendars, Greeting Cards, Fabric, Company Logos, Mugs, Apparel, Prints, Advertising, Books, and Posters. Other tangible items require specific written authorization prior to design and/or production. 15) The user is not authorized to transfer this license to any other person, entity or group; however, this license is inheritable by only one person in the event of the death of the original purchaser. It is the User's responsibility to read and understand this complete license (the "License";). If you are unsure about anything in this License, please send an email to “support @ winterbrose.com” before using any files. This is a legal and binding agreement between you (the “User”) and the creating Artist named above. By installing, downloading, copying, or otherwise using any files (the "Product"), you have conclusively accepted all of the terms and conditions of this License Downloading the Product grants the User a limited, non-exclusive, non-transferable license to use the contents of the encapsulating zip file. The User may not use the Product commercially in any form to include rendered images/animations and may not distribute the Product or any of the Product’s files. The Artist (Author) retains all rights and copyrights to the Product’s files. The User shall not copy, modify, reverse compile, or reverse engineer the Product, or sell, sublicense, rent, or transfer the Product to any third party. Unless specified, this License does not grant permission to produce a real, tangible replica of the Product (textures/3D mesh/model) acquired. An additional license for commercial use and/or production rights may be purchased by contacting the Vendor where the Product was obtained or Winterbrose and will be subject to negotiation and approval by the vendor. The User shall not redistribute the Product, in whole or in part, in any file format for sale or for free. The User shall not store the Product any place where it could be used by another person or party (whether it is on a network or on the Internet). The User shall not convert or recreate the Product to any other media format and re-distribute the files, regardless of whether it is for sale or free. The User shall not use the Product in such a way that the original materials are readily extracted for use by others. The Product shall not be used for illegal purposes of any kind. In testing/reviewing the Product, the User may use the Product by any means which does not violate any of the restrictions or any terms stated within this license and as long as the Artist's work is protected from extraction and duplication. The User may backup copies on hard drives, CD or DVD of the zip file for personal archival purposes only. The User may not store any of the Product files "online". The User retains this License, even if the Artist stops providing the work at a later date, or decides to charge or adjust charges for the product. How To Register To register and receive an Official Usage & Production Certificate for Commercial Use, send/submit the following items: (1) Proof of Purchase in the form of a Sales Receipt or other type of Purchase Confirmation stating Buyer, Seller/Vendor, Date, Product and License Type Purchased; (2) Full Name that is your current legal name used for identification purposes; (3) Artist Name (if different than Full Name above); (4) Email Address that is current and valid; and (5) Full Mailing Address for shipping of Official documentation. Failure to provide complete and valid information may result in the non-issuance of any certificate. Altered, bogus and non-verifiable submissions will not be validated for issuance of any certificate. Winterbrose and/or the Artist may rescind certificates without notice upon discovery of false or misleading information provided by User. Information provided in items (2) and (3) may be used without permission for advertising and other publicity. Information provided in items (1), (4) and (5) will remain confidential. Please allow 6-8 weeks for processing. Remember that usage and production is limited until issuance/receipt of valid certificate. Submit your package containing all of the required information via postal mail or email to: WINTERBROSE P.O. Box 24093 Dayton, Ohio 45424 USA registration @ winterbrose.com Ownership The Artist verifies that all items in the zip or distribution file(s) are his/her own original work. Any components of the Product containing work from third parties are documented in documentation and additional licensing agreements included with this Product. The Artist may revoke this License upon receipt of information that the Product is being used in violation of any copyright laws or it is shown that the User has violated any of the terms and conditions within this license. Upon receipt of notice that the User has violated any copyright laws or the terms or conditions of the License, the User shall immediately delete all Product files, both in original and derivative form, contained in the notice. If the Artist shows that any of the original material can be extracted from the User's derivative work, the Artist may require both the original and derivative work, and all copies thereof, to be deleted. Upon receipt of such a demand, the User shall immediately delete all Product files, both in original and derivative form, contained in the notice. In the event the User is not satisfied with the Product, the User will be released from the terms of this license if the User deletes all copyright protected Product files on his/her computer and any creation that was made using the Product, and has not previously (whether disclosed or unknown) violated any terms of this license. No Warranty On Product THE ARTIST DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE PRODUCT. THE PRODUCT IS LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND TO THE USER OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OF THE PRODUCT, FITNESS FOR THE USER'S PURPOSE OR SYSTEM INTEGRATION; INFORMATIONAL CONTENT OR ACCURACY; NON-INFRINGEMENT; AND TITLE. THE USER FURTHER AGREES THAT THE ARTIST(s), VENDOR(s) AND DISTRIBUTOR(s) SHALL NOT BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THE LICENSE OR OTHERWISE, EVEN IF ARTIST(s), VENDOR(s) OR DISTRIBUTOR(s) WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. Indemnification The User hereby agrees to indemnify the Artist(s), Vendor(s) and Distributor(s) and their respective directors, officers, agents, and employees and to hold each of them harmless in all respects, including costs and attorney’s fees, from and against any and all claims, demands, suits, or causes of action of whatever kind or nature and resulting settlements, awards, or judgments resulting from any breach by the User of the License. This indemnity shall survive the termination of the License. Force Majeure No party will be liable for and shall be excused from any failure to deliver or perform or for delay in delivery or performance due to causes beyond its reasonable control, including but not limited to, work stoppages, shortages, civil disturbances, terrorist actions, transportation problems, interruptions or power or communications, failure or suppliers or subcontractors, natural disasters or other acts of God. Severability The provisions of this License are severable. If any provision of the License is for any reason held to be invalid, illegal, or unenforceable, the remaining provisions of this License shall be unimpaired and continue in full force and effect, and, to the maximum extent permitted by law, the invalid, illegal, or unenforceable provision shall be replaced by a mutually acceptable provision, which, being valid, legal, and enforceable, comes closest to the intention of the parties underlying the invalid, illegal, or unenforceable provision. Miscellaneous How do I know which license I am entitled to? If you have never registered the product, then you only have usage rights under the Private Evaluation (PE) License. If you have registered the product with Winterbrose but did not purchase a Commercial Use (CU) License for the product, then you only have usage rights under the Personal Use (PU) License. If you purchased/registered a CU License for the product, then you have full usage rights under the CU License. If you inherited the CU License, then you have all usage rights under the CU License. The transfer of CU Licenses by inheritance is a one-time authorization and limited to bequeath in writing by the original purchaser and requires registration by the inheritor along with proof of transfer (ie will or other legal document). ---------------------------------------------------------------------------------------------------------------