3d eula

End User License Agreement
(EULA)

By downloading and using the software/data sets you signify that you have read and agree to all the terms of the license agreement, valid for the copyrights to 3d models, 3d geometries, 3d content in general marketed undert he brand names 3DSpecial, ANATOMIUM 3D, CacheForce and all others derived thereof or any other names, all copyrights of which are protected by international laws and treaties.

THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN the USER, HEREINAFTER ALSO REFERRED TO AS "Licensee" or "User" AND CFLietzau / 3DSpecial (and/or it's partner organizations and/or individual partners), HEREINAFTER ALSO REFERRED TO AS "CFL". This License may be revoked and completely replaced by a newer, different one at any time at CFL“s leisure and without any outside notification, though we will notify all customers within one month of any changes entering validity.

BY OPENING OUR DATA PACKAGES OR USING OUR 3-D MODEL(S), MOTIONS, TEXTURE MAP(S), BUMP MAP(S) OR ANY OTHER 3D RELATED PRODUCTS, HEREINAFTER REFERRED TO AS Software, OR AUTHORIZING ANY OTHER PERSON TO DO SO, YOU INDICATE YOUR COMPLETE AND UNCONDITIONAL ACCEPTANCE OF ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. THIS LICENSE AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT BETWEEN YOU AND CFL. 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 CFL 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 MAY HAVE USED, the same applies to all content created using the data.

1) 3-D MODEL LICENSE. CFL grants to Licensee and Licensee 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.

2) This software is solely owned by CFLietzau / 3DSpecial and is protected by international laws, treaties and copyright provisions - trespasses will be prosecuted. CFL retains all rights in, title to, and ownership of the Software. Licensee shall take all steps reasonably necessary to protect CFL ownership rights. This software is not sold, instead it is licensed under the following conditions.

3) The Licensee (purchaser, end-user) is allowed to use CD rom(s) (3d models, model sets) on only one computer or terminal (or computer network owned and operated by licensee under one street address) at a time. The Licensee may make only one copy of this software for backup purposes - unauthorized copying of the software is expressly forbidden. Licensee agrees to include CFL“s copyright notice(s) and proprietary interest(s) on all copies of the software, in whole or in part, in any form, including data form, made by licensee in accordance with this agreement

4) The Licensee acknowledges that the software may not exactly comply with their expectations or needs or be entirely free from defects. CFLietzau warrants only the media on which the software is supplied to be free from defects under normal circumstances for 30 days from date of purchase for CD PRODUCTS, the software itself is licensed "as is". CFL warrants to licensee that, to the best of it“s knowledge, the digital data comprising the software do not infringe the rights, including patent, copyright and trade secrets, of any third party, nor was the digital data unlawfully copied or misappropriated from digital data owned by any third party; provided, however, that CFL 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 software. Downloadable software is in all cases licensed AS IS, CFL cannot and will not guarantee that it will fulfill the user's exact expectations, nor will CFL be culpable for damage user does to his computer installation using our software. Such things do not constitute any right for returning downloadable software, nor for a refund, neither does the inability of the user to create the projects of their expectations with the given software.

4.1) CFL will however usually and on a non-binding basis adapt software to customer needs at no additional cost if the customer supplies sufficient construction data and if the project is commercially feasible from CFL“s point of view.

5) Models and other parts of the software may be used for imaging and animation but not sold, leased or in any other way passed on to a third party (with the exception of 5.1) whereas resulting images or animations may be used freely for commercial or private ends without further limits, or any oyalties nor additional payments. CFL copyrights must always be visibly publicly mentioned in connection with/in artwork if CFL especially demands this, and in any publicly offered websites, pictures or animations, or in advertisements of all sorts. If the models are used in a rapid prototyping or similar process which has a physical representation of the model as a result, royalties have to be paid for each physical item produced or sold, to be agreed upon or expressly waived in a written statement by CFL. If a modeler uses our data sets to derive 3d models of his own, royalties must be paid for each sale of these models or the equivalent in sales lost to our brands due to such actions, world wide and under the laws of all nations of the United Nations. Legislation is to be applied as offered and is being enforced ever further, at this time very efficiently in the the EU, US, and important parts of Asia with the Russian Union and the PR China close on the heels.

5.1) Developers of applications using integrated models must agree to take industry standard measures which assure that the models are not by any simple means extractable by third parties. CFL acknowledges that such measures may not be perfect and that developers are not responsible for third party malversations, if any damages to CFL“s rights can be proven to be originated by third party manipulations. Developers of applications which can reasonably be expected to be sold or in any other way spread more than 50 times must apply to CFL for special conditions/contracts, if the expectations are surpassed later the conditions have to be adapted to 21sts demands. Any applications may not be sold at a price lower than similar applications marketed or sold by CFL or their partners, while sheer animationsr and 2D pictures are entirely exempt from this rule.

5.2) Paragraph 5.1 is meant for computer games, not 3D viewing applications for educational use. The use of anatomical 3d geometry under our copyright is not allowed in "3D anatomy viewers" at all, if not especially contracted from 21st in writing .

6) The private Licensee of a cd product may permanently transfer his rights of license to a third party by providing them with the original media (cd/dvd, hardcopy and the likes) and all existing copies and materials and provided that party agrees to the terms of this license. Single 3d models or software purchased as online downloads are NOT transferable at all - they can also explicitly NOT be sold as "used items".

7) All rights to models developed from 3D Special geometries belong to CFLietzau, if in doubt the rights to them may be shared to mutual benefit only with prior written consent by Cache Force Ltd., CFLietzau or 3DSpecial - in all other cases section 5) and 6) apply. This paragraph can be voided by agreement in writing, from CFL, signed by at least one of it's directors)*

8) This license is terminated without further notice or other measures taken in the moment licensee fails to comply with it“s restrictions and/or provisions - upon such termination licensee must destroy all existing copies and the software itself.

9) The Licensee agrees that any dispute shall be settled before any court of law of CFL“s choice and by whichever different means of legal action they elect to pursue.

10) Remedies provided under this paragraph shall not be deemed exclusive but 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 CFL shall impair or effect 21st's right to exercise the same. An extension of indulgence or forbearance (which must be in writing) shall not otherwise alter or effect CFL“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 licensee will cause immediate and irreparable damage and injury to CFL. Each of the parties confirm that damages at law may be an inadequate remedy for breach or threatened breach of any such provisions. They also agree that in such event CFL shall be entitled by right to an Injunction restraining licensee from violating any of said provisions. Licensee hereby acknowledges that CFL has disclosed or will disclose to licensee valuable proprietary data sets (the software), which are unique and give CFL a competitive advantage; that a violation of any of the provisions of this agreement is material and important and CFL shall, in addition to all other rights and remedies available hereunder, be entitled to a temporary restraining order and an Injunction to be issued by any court of competent jurisdiction enjoining and restraining licensee from committing any violation of said provisions, licensee shall consent to the issuance of such injunction. Licensee 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 CFL.

11. GENERAL. 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 attorney“s fees arising out of or resulting from such default, incurred by the injured party in enforcing its rights and remedies, whether such right or remedy is pursued by filing a lawsuit or otherwise.

11.1 A period of 30 days is herewith agreed upon to enable the damaging party to make good any damages before lawsuits may be filed or other legal action be taken by the injured party, This provision shall be voided by any failure of the injuring party to communicate in a timely manner.

For news, please visit our websites or email us International
FAX 001 / 480 393-4232

Internet Domains : www.anatomium.com, www.3-d-models.com, www.3dmedical.org, www.3dspecial.com, www.cacheforce.com.

Dated this 22nd day of December, 2010

Copyrights 1997, 1999, 2002, 2007, 2010 by CFLietzau 3DSpecial All Rights Reserved

)* Most paragraphs of this agreement can be changed or adapted by drafting special license additions or deletions bearing the signature of one of CFL“s directors. If you feel any change is needed in the interest of your or mutual projects, please contact us via Email. You will find a contact Email address at any of our web sites.

3D-EULA