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iw43d Model License Agreement

ImaginationWorks (Licensor, hereafter referred to as IW) hereby grants license to purchasing party (Licensee, hereafter referred to as Buyer) to use 3D Model Content (Product, hereafter referred to as Content) in business or for personal use. This is a non-exclusive license and applies to Content either purchased directly from IW; Downloaded from IW website; Awarded as a prize; Given as a gift, or; Obtained through any 3rd party broker authorized to distribute IW content. IW retains sole ownership and all copyrights to all Content in perpetuity, unless otherwise specified in writing as a "buyout" in a fully executed written agreement signed by both parties.

1. Content consists of computer generated 3d model mesh, texture maps, images of original custom design work, and all derivatives and copies thereof. It is the responsibility of Buyer to read and understand all of the terms and conditions in this License Agreement. If Buyer is uncertain about any of the conditions set forth herein, Buyer should contact Pam Gray via e-mail at iw43dpam@roadrunner.com for clarification.

2. Buyer may not copy, disassemble, create derivative works, modify, reverse engineer, adapt, or translate Content with the intent to resell it.

3. Buyer may make copies, reproductions, translations, modifications, or derivatives of Content, however, copies or derivative works that contain original Content may not be distributed or resold by Buyer, (either individually, grouped, packaged, or bundled with another product) to anyone in any way. Buyer may not lease, rent, transfer, assign, or sell Content to any other person without express written permission from IW.

4. Buyer acquires copyrights to any derivative works he creates from Content, provided original Content (in part or in its entirety) cannot be accessed or extracted from his derivative works. Therefore, Buyer may not store Content in a place (such as on a network or on the Internet) where Content or any portion of Content can be downloaded and extracted by a third party. If IW can show that any portion of their original Content can be extracted from Buyer's derivative works, this license automatically terminates and Buyer is required to turn over original Content and destroy any and all copies and derivatives thereof. Buyer may not create any MetaStream animation files with Content until this format can protect original materials from being extracted by malicious third parties. This policy is designed and implemented to protect IW from Buyers releasing Content where other users are able to obtain copyrighted material without having purchased a license to use it. It is not designed to infringe on the artistic endeavors of Buyer.

5. Prohibited use of Content includes: (a) broadcast publication, (b) finished software or end-user gaming products (either downloadable or commercially packaged) for retail markets (c) animated short or feature length movie (to include film, magnetic video tape, CDR, DVD, or Webcast media) using Content or IW custom designs for commercial or retail distribution. The ONLY exception prohibited usage of Content is if Buyer obtains express written permission from IW to do so. Such permission will only be granted to Buyer if the following criteria is met: (i) terms are reached and are agreeable to both parties, (ii) terms are stated in writing by IW in a formal License Agreement, and (iii) License Agreement is signed by authorized representatives of both parties (IW and Buyer). NO EXCEPTIONS!

6. In the event Buyer is not satisfied with Content due to IW file error, IW will correct data file(s) and replace Content in a timely fashion at no additional cost to Buyer. If Buyer still demands a refund after Content has been corrected and replaced, it is the sole discretion of IW as to whether or not a refund will be issued. If IW is unable to correct file errors, a full refund will be issued to Buyer without question, however, a refund automatically revokes this License Agreement and Buyer must destroy original Content, corrected files (if applicable), and any and all derivatives and copies thereof.

7. Buyer is hereby granted non-exclusive, nontransferable license to use Content under the terms of this Agreement. IW maintains that they legally possess the power to grant license to Buyer, and that all Content is either the original work of IW, or derivative works verified to be in public domain. Buyer may use Content for business purposes, for personal use, or for commercial projects, provided use of Content is within the guidelines of this Agreement.

8. Any and all use of Content is protected under the terms set forth in this License Agreement. IW may only revoke license if Buyer is in violation of any of the terms set forth herein. Failing to comply with any provision set forth in this Agreement may result in legal action. Such legal action shall be filed in the city of Los Angeles, and governed by U.S. laws within the state of California.

ImaginationWorks
iw43d 2008