3D Menagerie's
Dragon Factory

Contract


Hey, this ain't no order form!  Sorry, but before placing an order for Dragon Factory, you must read and agree to the terms of this contract.  Please actually read this one, it is not a typical End User License Agreement.

   For ease of understanding, I have also provided a natural-language translation.  Keep in mind that the 'legalese' version is the one you are agreeing to, and anything said under 'everybody talk' cannot be used against me in a court of law.  For more information, check out the 3D Menagerie Sales Policies page.

   The full text of the contract is in the file contract.txt and the ancillary document usage.txt.

Legalese

Everybody Talk

A: Parties:

This is a contract between you, the purchaser of Dragon Factory, and 3D Menagerie, makers of Dragon Factory.

   License/Usage agreements are legally contracts.  This is a "contract of adhesion;" which means you have no recourse to negotiate the terms.  Your only options are to accept the contract as-is, or refuse to purchase the product.
   Normally, such a contract is not completely lawful, but due to the difficulties a software vendor would encounter trying to negotiate (and keep track of) new contracts with every single potential user, they have become acceptable in this industry.
B: Definitions

"User" - the purchaser or end user of Dragon Factory (aka "you.")

"Dragon Factory" - the product covered by this contract (aka "Dragon Factory CD," the "product.")

"Contract" - this document, and the supporting document 'Usage and Distribution.' (Usually known as the "License," "User Agreement," or "End User License Agreement (EULA).")

   This is pretty straightforward, but so the lawyers know what we're talking about, here... you're you, Dragon Factory is Dragon Factory, and the EULA is a contract.
C: Acceptance

By purchasing and using Dragon Factory, you acknowledge the following:

1: You have read, understood, and agree to adhere to all terms of this contract.

2: If English is your second language, you have secured a reliable translation to all terms that are unclear to you.

3: Any transfer of this product will be accompanied by this contract, and the new user will read and accept the terms of the contract before the transfer is made.

   Unlike a paper contract, there is nothing to sign.   3D Menagerie's ordering process requires that you affirm you have read and understand the terms of the contract, and agree to the terms before purchasing a product.  The actual purchase constitutes your 'signature.'

1:   Remember, if you do not like the terms, you may not purchase the product. (But the terms more reasonable than most!)

3:  Unlike most software licenses, I allow you to actually sell or give away the CD you've bought.  There are restrictions on this, however, in that the new user must A) be able to read the contract before the transfer takes place and B) accept the contract and adhere to the terms.

1: Grant

3D Menagerie grants the user the non-exclusive rights to use Dragon Factory in any way that adheres to the restrictions detailed in this document. See especially 'Usage and Distribution.'

   Well, this tells you a whole lotta nothing!          Basically, it says you can use Dragon Factory in the ways I specify, but I haven't specified anything yet.  If you read the Usage and Distribution page, all will become crystal clear.
2: Copyrights

3D Menagerie retains ownership and all copyrights to the 3D meshes contained on the Dragon Factory CD, in their original and any derivative form. 3D Menagerie grants the user permission to copy the data to the user's hard drive(s) for use, and ONE archival copy on a back-up device.

   Although the images you make are yours, the meshes are protected by copyright laws, and you are not allowed to distribute them.  This is the same deal you have with basic Poser figures and Zygote, etc.
3: Warranty/Disclaimers

3D Menagerie guarantees that the Dragon Factory CD you receive will be undamaged, and the data readable. If the disc is defective, you may return it within 30 days for a replacement.

3D Menagerie disclaims any other warranties, including but not limited to warranties as to the quality, performance, or fitness of any specific purpose.

3D Menagerie shall not be liable for any direct, indirect or consequential damages in connection with the use or performance of Dragon Factory. 3D Menagerie's liability shall in no event exceed the purchase price of the product.

   This is where software companies start getting away with selling lemons... :/

   First up, your CD is warranted against defects.  If it's broken, mail it back, and I'll mail you a replacement.  Yes, you pay shipping to send it back, but not for the replacement, so it evens out.

   As for the data....you're on your own.  Unfortunately, I cannot predict what strange PC hardware/software combination might flake out when you insert the CD (Mac users are not immune, either!), so I have to say, I can't guarantee it won't crash on you.
   All I can truthfully say is --
   An early alpha stage did trash Poser 3.
   The final release works fine on my computer. (Any problems will be noted on the DF No BS Sales Policy page.)

   Lastly, if DF does make your computer blow up and kill you, you can't sue me.  Even if you do (can't blame ya!), the most you can get out of me is the price of the CD.

4: Governing Law

This contract shall be governed by the laws of the Commonwealth of Massachusetts, United States of America.

   In case the lawyers wanna know.  Also, if you want to sue me, you have to come to Massachusetts.
5: Complete Agreement

This contract, and the accompanying document 'Usage and Distribution,' comprises the entire agreement between the parties with respect to its subject matter.

This means there's no other hidden clauses around, no verbal contracts, no extras.  This is it.
6: Assignment and Transfer

3D Menagerie may assign this agreement to another party, who shall in the future manufacture and distribute Dragon Factory.

The user may give or sell the product to a third party, provided that the third party reads and accepts this contract prior to transfer. In such a case, the contract must be assigned to the third party.

In the case of such a transfer, the original user must destroy all the data on his/her computer(s) and back-up devices that falls under the Dragon Factory copyright. See 'Usage and Distribution' for details.

   "Assignment" means transfer of the contract to another person, as if that person were the original party to the contract.

   Here is a provision for me to sell Dragon Factory to another company (if they make me an offer I can't refuse).

   Here is a provision for you to sell/give away your CD, contract included, which is in fact required.

7: Waiver

Failure on the part of either party to this contract to enforce a provision shall not constitute a waiver of that provision or the right of the party to enforce that provision. Any waiver of a provision must be in writing (signed by the waiving party). No breach is deemed consented to unless in writing (signed by the consenting party. Such consent does not constitute consent to any other breach.

   More appropriately entitled "Waiver -- NOT!"

   This is standard; it just means if I don't catch you doing something wrong, that doesn't make it okay.  (Or vice versa -- if you don't catch me doing something wrong, that doesn't make it okay, either.)

8: Severability

Should any part of this contract be found illegal, unenforceable, or invalid, it shall be set aside and the rest of the contract shall remain in effect.

   Also standard.  That means if one piece turns out wrong, it won't void the whole contract.

Remember to also read the 'Usage and Distribution' document, if you haven't already!


If you agree to abide by all terms in this contract, you may indicate so by clicking here and ordering Dragon Factory.  Thank you!


Dragon Factory ©2000 -2004 B L Render and 3D Menagerie.  All rights reserved.  
No images may be downloaded from this site, unless otherwise specified.  Thank you.

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