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 used, 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 21st Century Solutions / Anatomium 3D (and/or it's partner organizations
and/or individual partners), HEREINAFTER ALSO REFERRED TO AS "21st".
This License may be revoked and completely replaced by a newer, different one at any time
at 21stīs 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 21st. 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 21st
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. 21st 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 21stietzau / 3DSpecial and is protected
by international laws, treaties and copyright provisions - trespasses will be prosecuted.
21st retains all rights in, title to, and ownership of the Software. Licensee shall take all steps
reasonably necessary to protect 21st 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 21stīs 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. 21st 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".
21st warrants to licensee that, to the best of itīs 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 21st 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, 21st cannot and will not guarantee that it will fulfill the user's exact expectations,
nor will 21st 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) 21st 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 21stīs 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 royalties nor additional payments.
21st copyrights must always be visibly publicly mentioned in connection with/in artwork if
21st 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 21st.
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. 21st acknowledges that such measures may not be perfect
and that developers are not responsible for third party malversations, if any damages
to 21stīs 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 21st 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
21st 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 21stietzau,
if in doubt the rights to them may be shared to mutual benefit only with prior written consent
by Cache Force Ltd., 21stietzau or 3DSpecial - in all other cases
section 5) and 6) apply.
This paragraph can be voided by agreement in writing, from 21st, 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 itīs 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
21stīs 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 21st 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 21stīs 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 21st.
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 21st shall be
entitled by right to an Injunction restraining licensee from violating any of said provisions.
Licensee hereby acknowledges that 21st has disclosed or will disclose to licensee valuable proprietary
data sets (the software), which are unique and give 21st a competitive advantage; that a violation
of any of the provisions of this agreement is material and important and 21st 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 21st.
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 attorneyīs 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.
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Dated this 22nd day of January, 2007
Copyrights 1997, 1999, 2002, 2007, 2015 by 21st Century Solutions Ltd. / Anatomium 3D
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 21stīs 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.