NEW LICENSE AGREEMENT when you try to get to your account- Taxes Addressed, Using Forum Images
Novica
Posts: 23,905
try to go to your account now and you're going to get smacked with a new license agreement that includes:
LICENSE FEES. User agrees to pay DAZ, prior to or concurrent with delivery of the Content, the full license fee for use of the Content. User agrees to pay DAZ any and all applicable taxes that are levied in conjunction with the purchase of the license for the Content whenever DAZ must collect and/or pay such taxes from or on behalf of User. Furthermore, User agrees to pay DAZ all costs, expenses, and attorney's fees expended by DAZ in the collection of the license fees and any applicable taxes, whether by filing a lawsuit or through arbitration.
I didn't read any further. I'm sure this thread will be interesting when people spot all the changes.
Daz 3D is part of 
Connect
DAZ Productions, Inc.
7533 S Center View Ct #4664
West Jordan, UT 84084
Licensing Agreement | Terms of Service | Privacy Policy | EULA
© 2025 Daz Productions Inc. All Rights Reserved.
Comments
LOL!! Another thread on the EULA. Hmmm...
The change was adding the gallery section.
Was this in there before? They can steal your forum images and alter them? COMBINE them with something else?
4.0 Forum and Gallery Submissions Addendum
(taken out first paragraph)
The Agreement, as supplemented by this Addendum, applies to and governs the rights and duties of the parties hereto with respect to images, text, video, and other materials uploaded by User, or by an authorized representative of User, to any of the websites, social media accounts, blogs or other Internet-based sites or accounts owned or operated by DAZ (collectively, the “Sites”). Such images, text, video, and other materials shall be collectively referred to hereinafter as the “User Creative”
(paragraphs out)
LICENSE TO USE THE USER CREATIVE. User hereby grants to DAZ a worldwide, royalty-free, non-exclusive license to use the User Creative (“Right to Use”) as follows:
to store, backup, copy, transfer, publicly display and exhibit the User Creative, or any part of the User Creative, digitally, as well as through other mediums such as print or video, including, but not limited to, displaying the User Creative on any of the DAZ Sites; and
to modify, adapt, change or otherwise alter the User Creative, or to incorporate the User Creative into one or more combined work(s) with images, text, video, or other materials submitted by other DAZ users or with other elements (each a “Combined Work”).
Was that ever addressed in any way previously?
You ever enter a render contest? That is the part that covers using images in News Letters and Banners and Adds. And DAZ3D has always posted WHO's Render was used. If your Image is picked to be used you have to agree at some point, this covers all future things like that I do believe. That's how it reads to me. And until DAZ says different I have on issues with it. Looks pretty standard to most render sites to me.
I'm pretty sure that what Jaderail says is correct concerning that part, after placing in a competition I was once asked for permission to use my image on a shop banner, after that it was included in the competition rules - this is probably to prevent any confusion over the use of winning images. The altering part is probably because sometimes if they use more than 1 image as with the PA sale ones they might need to crop the images also if they are using them for advertsbanners they may need to add text over the image.
Personally I have no problem with the clause.
I also have a vague feeling that there was something in the previous version that was similar, I've always known that Daz can use images for advertising if they wish.
Agreed- contests are one thing, I would hazard a guess that most people know that. I certainly did. BUT the addendum focuses on forum images and GALLERIES so I have a big issue with it. Particularly where they can ALTER my work? Combine it with something that might be less than family friendly?
Cold day in hell I'm okay with that.
I'm no expert, but I think it just means they can say crop an image for use in the newsletter.. I'm certain no one is going to "Combine it with something that might be less than family friendly".. ;)
by starting a new thread,rather than perusing one of the existing ones you are missing posts that have been made in the other threads, including this one http://www.daz3d.com/forums/discussion/32046/P15/#475691, which was made in the thread in Members only.
Nope, I saw it a few minutes ago. But that's just it- it's for members only and is restricted access.
While we can say that they probably are going to use it for this and that, that is NOT what they are having me agree to. I was a national magazine artist and well aware of what rights they are having people sign away. If they want to crop it and use in promos, then they should say they reserve the right to crop the image. Not "alter" it.
While I appreciate the encouragement (as always)- hoping what they will do with it is not the same as what they are having you agree to.
Jack, I am going to PM you.
Hi Novica,
Daz 3D need to make a correction, the word "Alter" is to vague for a licence agreement. You might tink that Daz wouldn't do any changes to the image but alter mean Daz can do want they want it because you agree too.
I work for 2 years in a law firm, A lawyer would take only that part and would say, hey you read it and agreed to it. Novica is right about questionning that part.
Even if i want to stay neutral, that word and the way it said will not let me put my image in the Daz gallerie.
Could anyone explain exactly what the Licence Fees means that Novica took the time to point out. I am really not sure and I just want to be more knowledgeable before I accept.
Thanks for any help
Basically that is the purchase price. You do not actually purchase the model outright, you purchase a license to use the Product. This is true of any 3d content from any store. This has always been included as a part of the EULA in all it's iterations, and is not new to this one.
Incidentally this part of the discussion has been had before, at length. There has always been a DAZ 3D EULA. Until the advent of DIM you agreed to the EULA every time you ran a DAZ 3D content Installer. It is the bit where you clicked accept, but probably didn't bother to read what you were accepting, before allowing the installer to run.
Well I don't see any changes for international buyers, tax is only for the US people.
I am not a lawyer, so none of this is in regard to the language in the EULA. What I can say though is the purpose as to why whomever came up with the wording did so that way based upon the functionality of the galleries.
We actually do modify / alter the image and have plans for more for how the gallery display is driven. In the cropping, resizing, generation of thumbnails for images, galleries, sub-galleries (taking multiple thumbnails and combining them into one big thumbnail for the gallery.. you'll see when it goes up in beta). With potential color changes (in some views, thumbnails be black and white that go to color when moused over), combining of images (thumbs for galleries, display winners of contests on the site in an announcement or newsletter), delivery of images to people which isn't on our own servers (through CDNs, the service provider of our emails, etc), to name just a few examples, and just to even display them on the site, that was the language determined to support those functional needs and needs of new features and ideas on what else to add to the galleries and forums.
Also, if at any point you don't like the way that the image is being used on the site, you retain the right, at any time, to terminate it. There is the whole section of that addendum called "TERM AND TERMINATION OF THE RIGHT TO USE". When compared to language used for posting images and sharing them on larger sites (like DeviantArt or Facebook) the language and the rights you give them when uploading is similar or a lot more broad.
you know What Jon, what you just said should be in the EULA instead of the word "Alter". The way you said it, explain it correctly and that wording would't have create a thread about people inquiring because it is explain the reason why.
This is why i said "Alter" is to vague for a word in a EULA because it doesn't explain what it is being done on the copyrighted art work for artist that post it.
Not really a change for most US buyers either.* For customers living in most US states, DAZ does not charge sales tax. In a few states it does because the law requires it. There is some talk (both nationwide and in specific states) of changing the laws related to sales tax and internet purchases, so my suspicion is that that part was added to the EULA as a heads-up that things could change in the future.
To anyone who knows more about the situation, feel free to correct me if I got any of that wrong. :)
*I believe Illinois may be an exception.
Again, I am not a lawyer so I have no real idea of what the best way to represent what I said in a licence agreement in a way that won't require constant modifications to the EULA as new features or changes to the gallery are made (imagine a modification and having to accept a modified EULA every week and update it in all the stand alone software installers... not realistic for a company our size). That is for our legal team to determine which is how we have the current language.
At the least, you should probably refrain from using freebies that have a license that says "non-commercial use only"; giving a license to a commercial entity to use your content (possibly in advertisements, like promo images) is likely to count as commercial use by itself.
The *any of the DAZ sites* concerns me too - does that include Facebook? If so, please clarify because if that's the case it would be a reason for me to not post images to the galleries over here. I certainly don't want to see any of my images showing up on Facebook.
Again, IANAL so all I can comment on are the technical aspects and practical aspects of the gallery images.
Several examples of "Sites" for Daz would be third party or separate systems outside of the Daz gallery that have different end points (domain names). Our email delivery goes through a different site, our communication layer between Install Manager and the store go through a different site (and if we decide to add functionality to post images directly from Studio to your gallery, it would leverage that layer), different CDNs we use go through different accounts and sites for storage and quick delivery of content.
Does Facebook fall under a different site? Yes. Could Daz run render contests with the understanding that the winning images will be put up to FB? Possibly. Are we going to intentionally try to exploit our community of artists knowing how sensitive misuse of ones art is and drive away business? No. On the off chance we upset an artist with how an individual render is presented in the gallery, in the store, in a newsletter, or anywhere else and you want it taken down, how hard is it to get it taken care of? A support ticket.
Again, I am not a lawyer so I have no real idea of what the best way to represent what I said in a licence agreement in a way that won't require constant modifications to the EULA as new features or changes to the gallery are made (imagine a modification and having to accept a modified EULA every week and update it in all the stand alone software installers... not realistic for a company our size). That is for our legal team to determine which is how we have the current language.
Again, i am not saying you are and i am not a lawyer myself, only work for a law firm in the past.
Your legal team need to revise that part in the EULA, the way you said it is a good exemple of wording that can be put in the EULA that wouldn't need to have the EULA update all the time because you communicate what will be done with the Copyrighted work.
Again, you let the artist know what would happen when they post image to the Daz gallery.
Explaining and communicating will protect Daz and the artist.
This also includes forum renders, does it not?
And thanks for trying to explain :)
So, I have to accept altered terms in order to download content I have already paid for? That can't be legal.
Did you ever quibble when the EULA was in every single Installer you ran. I bet you just clicked I accept every time without ever reading it. That EULA changed several times.At least now you only have to agree the once.
Agreeing on every single install drove me batty, personally.
I like this way better.
But the question was- is it legal to withhold/make inaccessible someone's paid-for products with NEW terms that were not the same as when they purchased the product?
That is a simple question with a very complex answer.
I'm sure in some countries they could argue that it isn't, while in others they'll just say "cope"
Where would you rather see it? As soon as you log in to the site to see if there's anything new?
The whole downloading content without accepting the EULA has been hashed and rehashed in previous discussions when Install Manager came out. Long story short, it is perfectly legal and nothing about that has or will change as long as we distribute files in non-installer formats. If you wish to read the reasoning behind it, read below. Note, regardless, it won't change since that particular aspect of the conversation is both old and settled for almost a year now and is required in order to protect DAZ's ownership and our PAs ownership.
Long story: Daz provides unlimited downloads of purchased items because we want to make it as easy for customers as possible to get their purchased content and at 100% our expense (and believe me, since we have started doing that instead of limited number of downloads with pain in the butt resets, our bandwidth usage has skyrocketed since it is being treated more and more like a cloud service for only needing what you need in your runtimes when you need it to keep them leaner). How content purchased is delivered or delivery beyond a single time is neither specified nor the current method guaranteed in any of our licenses or agreements (meaning, we could email you a link to the file and only allow a single downloads and "fulfill" the order if that was our method of delivery). The ability to use Install Manager and access specific parts of the site that require accepting the EULA is perfectly legal, just as it was legal to have to accept the EULA before you could install the content with the old installers. It is similar to how, in order to access purchased music on iTunes and download stuff you have bought you have to accept their license agreement if it has changed first.
No content from DAZ can legally be installed without accepting the EULA. That has always been the case for both the old installers and the new. Just like the old installers, if you purchased something and ended up not wanting to install it because of having to accept the EULA, you could return it within the 30 day period post purchase. The only difference in this case is that you have to accept it before downloading since there isn't a way to accept it at install and the one agreement saves time on not having to accept it every time you install. And note, with DAZ, acceptance of the EULA has always come after the purchase and before the install of the content, so nothing has changed in that regard.
I can imagine the bandwidth issue. Must be horrific. Thanks for explaining (hope you had that on file and didn't have to retype it all!)