PC World Komputer 1999 May/Pcwk5b99.iso/Documentation/Painter 3D/Sample Models/Read Me

Text File | 1998-04-24 | 11.5 KB | 208 lines

ZYGOTE MEDIA GROUP SAMPLE MODELS

Zygote Media welcomes you to try out these sample models from our
"Sampler Collection Volume I".  Painter 3D ships with the entire volume
of 100 great 3D models (in 88 files) - a $99 value.

Also, if you purchase Painter 3D, you will be eligible for special pricing on
the Zygote Sampler Collection Volume 2 ($49 REG $99).

These models have been saved in Painter 3D format. After you have installed
the Painter 3D demo, double-click any of these models to open and begin painting.


CONTACT INFORMATION
If you would like to know more about Zygote or purchase additional 3D models
please contact us at 1-800-267-5170  (801-375-7220 Outside the U.S.) or
email us at [e-mail]. See us on the INTERNET at http://www.zygote.com
for the latest specials.

Feel free to call Zygote with questions concerning these models.  Questions
concerning Painter 3D should be directed toward MetaCreations Inc.

Below, you will find our license agreement. By using any of these models,
you are agreeing to be bound by the terms of this license agreement.

ZYGOTE MEDIA GROUP, INC. LICENSE AGREEMENT

DO NOT USE THESE MODELS UNTIL YOU HAVE READ THIS LICENSE
AGREEMENT. THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU,
 HEREINAFTER ALSO REFERRED TO AS "USER", AND ZYGOTE
 MEDIA GROUP, INC., HEREINAFTER ALSO REFERRED TO AS "ZYGOTE".
BY USING THIS 3-D MODEL(S) (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 ZYGOTE.

1.   3-D MODEL LICENSE.  ZYGOTE 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 (collectively referred to as "3-D
Model(s)").

2.   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.  ZYGOTE retains all rights in, title to, and ownership of
the 3-D Model(s).  User shall take all steps reasonably necessary to protect
ZYGOTE'S ownership rights.

3.   LICENSE FEES.  User agrees to pay ZYGOTE 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 ZYGOTE
any and all applicable tax that is levied in conjunction with the purchase
of this License for the 3-D Model(s) whenever ZYGOTE 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 ZYGOTE all costs, expenses, and
attorney's fees expended by ZYGOTE in the collection of the purchase price,
whether by filing a lawsuit or otherwise.

4.   COPYING RESTRICTIONS.  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 ZYGOTE'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-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.

5.   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 ZYGOTE.  ZYGOTE'S 3-D Model(s) and/or contracts are
non-transferrable and shall only be used by the Licensed User.  User may not
reverse engineer, decompile, disassemble, or create derivative works from
the 3-D Model(s).

6.   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 ZYGOTE.  User agrees that the 3-D
Model(s) is the property of and proprietary to ZYGOTE, 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 utilize its best efforts to see that its
employees or any other user of the 3-D Model(s) complies with the terms and
conditions of this Agreement and refrains from taking any steps, such as
reverse assembly or reverse compilation, to derive a source code equivalent
of the 3-D Models.

7.   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.

8.   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 ZYGOTE MEDIA GROUP, INC., One East Center St.
Suite 215, Provo, UT 84601.

9.   PATENT, COPYRIGHT, AND TRADE SECRET INDEMNITY.  User agrees to
indemnify and hold harmless ZYGOTE 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.

11.  NO OTHER WARRANTIES.  ZYGOTE 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 ZYGOTE OR ITS DEALERS, DISTRIBUTORS, OFFICERS, AGENTS,
EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER,
WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL OR
EQUITABLE GROUNDS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF 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 ZYGOTE 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.

12.  NO LIABILITY FOR HARDWARE.  User assumes complete responsibility for
all hardware used in conjunction with the 3-D Model(s).  ZYGOTE 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.

13.  INDEMNIFICATION.  User shall defend, indemnify, and hold ZYGOTE
harmless from any actions, claims, or proceedings with respect to the 3-D
Model(s) or other provisions of this Agreement.

14.  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 ZYGOTE shall impair or
effect ZYGOTE'S right to exercise the same.  An extension of indulgence or
forbearance (which must be in writing) shall not otherwise alter or effect
ZYGOTE'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
ZYGOTE.  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 ZYGOTE shall be entitled by right to an
Injunction restraining the User from violating any of said provisions.  User
hereby acknowledges that ZYGOTE has disclosed or will disclose to User
valuable proprietary data set products, which are new and unique and give
ZYGOTE a competitive advantage in the marketplace; that ZYGOTE 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 ZYGOTE 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 ZYGOTE.

15.  GENERAL PROVISIONS.

     a.   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.

     b.   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.

     c.   Further Information.  Should you have any questions concerning any
of the provisions of this Agreement, or if you desire to contact ZYGOTE,
please write:  ZYGOTE MEDIA GROUP, INC., One East, Center St., Suite 215,
Provo, Utah, 84601.  If you need technical support for a ZYGOTE product,
please call [phone].  Our technical support hours are 9:00 a.m. to
5:00 p.m. M.S.T.

     d.   Trademark and Copyright.  All ZYGOTE products are trademarks or
registered trademarks of ZYGOTE MEDIA GROUP, INC.  All other brand and
product names are trademark or registered trademark of their respective holders.

  ZYGOTE MEDIA GROUP, INC., 1995.

Dan Farr
Zygote Media Group
Phone [phone]
E-mail [e-mail]
Web www.zygote.com