End User License Agreement

GIZMOZ-DAZ Productions, INC. LICENSE AGREEMENT
By using the software you signify that you have read and agree to all the terms of the license agreement.

A summary of certain portions is provided below. THE TERMS OF THE ACTUAL SECTIONS CONTROL IN ALL INSTANCES AND ARE WHAT YOU AGREE TO. The following summary is provided for information only.

Summary of section 5 - INCORPORATION OF 3D MODEL(S) INTO OTHER WORKS

You may publish, market, distribute, transfer or sell any games or projects that contain GIZMOZ-DAZ content/models as long as the GIZMOZ-DAZ content/models are not accessible to end users in their native formats and are protected by asset protection technology, encryption or whatever means necessary to protect them from theft or copyright infringement.

Summary of section 6 - RESTRICTIONS ON SEPARATE SALE OF 3-D MODEL CONTENT

You may, market, sell, publish or distribute the original GIZMOZ-DAZ model(s) including 2D or 3D derivatives thereof as virtual goods within an authorized work but ONLY with a separate written agreement with GIZMOZ-DAZ.

THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU, HEREINAFTER ALSO REFERRED TO AS "USER", AND GIZMOZ-DAZ Productions, INC., HEREINAFTER ALSO REFERRED TO AS "GIZMOZ-DAZ". BY PURCHASING THIS DATA PACKAGE, OPENING THIS DATA PACKAGE OR USING THIS 3-D
MODEL(S), MOTIONS, TEXTURE MAP(S), BUMP MAP(S) OR ANY OTHER 3D RELATED PRODUCTS, OR DERIVATIVE THEREOF INCLUDING 2-D IMAGES CREATED FOR OR FROM YOUR PURCHASE HERINAFTER REFERRED AS 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 GIZMOZ-DAZ. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, PLEASE DO NOT COMPLETE YOUR PURCHASE OF THIS DATA PACKAGE OR OTHER PRODUCT. IN THE CASE OF SOFT GOODS (ELECTRONICALLY TRANSFERRED FILES) THAT HAVE ALREADY BEEN OBTAINED, YOU MUST DELETE THEM FROM YOUR COMPUTER AND FROM ANY BACKUP DEVICES THAT YOU MAY HAVE USED.

1. 3-D MODEL LICENSE
   GIZMOZ-DAZ 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)").
   
   
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. GIZMOZ-DAZ retains all rights in, title to, and ownership of the 3-D Model(s). User shall take all steps reasonably necessary to protect GIZMOZ-DAZ'S ownership rights. GIZMOZ-DAZ 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.
   
   
3. LICENSE FEES
   User agrees to pay GIZMOZ-DAZ 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 GIZMOZ-DAZ any and all applicable tax that is levied in conjunction with the purchase of this License for the 3-D Model(s) whenever GIZMOZ-DAZ 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 GIZMOZ-DAZ all costs, expenses, and attorney's fees expended by GIZMOZ-DAZ in the collection of the purchase price, whether by filing a lawsuit or otherwise.
   
   
4. RESTRICTIONS ON COPYING
   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 except as set forth in this License Agreement. The 3-D Model(s) may be copied in whole or in part for User's exclusive use. 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 an individual, your place of residence located at a single specific street address (or its equivalent). Unauthorized copying of the 3-D Model(s) is expressly forbidden. User expressly agrees to include GIZMOZ-DAZ's (and any third party's, 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.
   
   
5. INCORPORATION OF 3-D MODEL(S) INTO OTHER WORKS
   You may access, use, copy and modify the 3-D Model(s) stored on your computer(s) at a single location in the creation and presentation of one or more other works, including animations, games, and renderings, which may require runtime access to the 3-D Model(s). You may also publish, market, distribute, transfer, sell or sublicense such Authorized Work(s); 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 or derivative thereof; or (b) publish, market, distribute, transfer, sell or sublicense any games, tools. software applications, data or any other product from which any original 3-D Model(s), or any part or derivative 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. Any copying, distribution, and/or sales of your Authorized Work(s) is 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). All other rights with respect to the 3-D Model(s) and their use are reserved to GIZMOZ-DAZ (and its licensors). User warrants and is responsible to ensure that the 3-D Model(s) used in the Authorized Work(s) are not available to end users in their native formats and that every effort is made to protect the 3-D Model(s) from theft or copyright infringement by employing technology, asset protection, encryption or any other resources at your disposal.
   
   
6. RESTRICTIONS ON SEPARATE SALE OF 3-D MODEL CONTENT WITHIN OTHER WORKS
   While incorporation of the 3-D Models into Authorized Work(s) is authorized as set forth above, you expressly agree and acknowledge that any discrete sale of 3-D Model content separate from a purchase of the entire Authorized Work(s) is allowable ONLY with express written consent of GIZMOZ-DAZ. Thus, for example, within the context of a game, the sale or purchase of the original 3-D Model content, portions thereof, or either 2D or 3D derivatives thereof as a separately-purchased commodity or upgrade using items of actual or virtual worth is prohibited without prior written consent of GIZMOZ-DAZ. Written consent of GIZMOZ-DAZ may be sought at the address set forth herein.
   
   
7. 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 GIZMOZ-DAZ. User agrees that the 3-D Model(s) is the property of and proprietary to GIZMOZ-DAZ, 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.
   
   
8. 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.
   
   
9. 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 GIZMOZ-DAZ Productions, INC., 1350 E. Draper Parkway, Draper, UT 84020.
   
   
10. PATENT, COPYRIGHT, AND TRADE SECRET INDEMNITY
    User agrees to indemnify and hold harmless GIZMOZ-DAZ 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. LIMITED WARRANTY
    GIZMOZ-DAZ warrants that the 3-D Model(s) will perform substantially in accordance with the accompanying written materials for a period of seven (7) days from the date of receipt. Upon the return of the defective media and a copy of the invoice, GIZMOZ-DAZ has the option to replace the media or refund the purchase price. In the event GIZMOZ-DAZ elects to refund the purchase price, User's License is revoked and User warrants and agrees to return the 3-D Model(s) to GIZMOZ-DAZ and to destroy any and all copies made there-from. In no event shall GIZMOZ-DAZ'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, GIZMOZ-DAZ 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.
    
    
12. NO OTHER WARRANTIES
    GIZMOZ-DAZ 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 GIZMOZ-DAZ 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 GIZMOZ-DAZ 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.
    
    
13. NO LIABILITY FOR HARDWARE
    User assumes complete responsibility for all hardware used in conjunction with the 3-D Model(s). GIZMOZ-DAZ 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.
    
    
14. INDEMNIFICATION
    User shall defend, indemnify, and hold GIZMOZ-DAZ harmless from any actions, claims, or proceedings with respect to the 3-D Model(s) or other provisions of this Agreement.
    
    
15. 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 GIZMOZ-DAZ shall impair or effect GIZMOZ-DAZ'S right to exercise the same. An extension of indulgence or forbearance (which must be in writing) shall not otherwise alter or effect GIZMOZ-DAZ'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 GIZMOZ-DAZ. 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 GIZMOZ-DAZ shall be entitled by right to an Injunction restraining the User from violating any of said provisions. User hereby acknowledges that GIZMOZ-DAZ has disclosed or will disclose to User valuable proprietary data set products, which are new and unique and give GIZMOZ-DAZ a competitive advantage in the marketplace; that GIZMOZ-DAZ 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 GIZMOZ-DAZ 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 GIZMOZ-DAZ.
    
    
16. GENERAL PROVISIONS
    1. 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.
    2. 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.
    3. Further Information. Should you have any questions concerning any of the provisions of this Agreement, or if you desire to contact GIZMOZ-DAZ, please write: GIZMOZ-DAZ Productions, INC., 1350 E. Draper Parkway, Draper, UT 84020. If you need technical support for a GIZMOZ-DAZ product, please call (801) 495-1777. Our technical support hours are 9:00 a.m. to 5:00 p.m. M.S.T.
    4. Trademark and Copyright. All GIZMOZ-DAZ products are trademarks or registered trademarks of GIZMOZ-DAZ Productions, INC. All other brand and product names are trademark or registered trademark of their respective holders.