Sanctum Art, INC. END USER LICENSE AGREEMENT (EULA)

By PURCHASING the software you signify that you have read and ACCEPT ALL the terms of the license agreement.

THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU, HEREINAFTER ALSO REFERRED TO AS "USER", AND SANCTUM ART, INC., HEREINAFTER ALSO REFERRED TO AS "SANCTUM ART". BY PURCHASING THIS DATA PACKAGE OR USING THIS 3-D MODEL(S), MOTIONS, TEXTURE MAP(S), BUMP MAP(S) OR ANY OTHER 3D/2D RELATED PRODUCTS, HERINAFTER REFERRED AS SANCTUM ART'S PRODUCT(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 SANCTUM ART. IF YOU CHANGE YOUR MIND AND DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT AT ANY TIME AFTER PURCHASE, YOU WILL NOT HAVE RIGHT TO RECIVE PARTIAL OR A FULL REFUND.

AGREEMENT DEFINITIONS:

• SANCTUM ART: Sanctum Art, Inc., its company, and/or its subsidiaries.
• SANCTUM ART'S product: Computer software and associated files in Proprietary File Formats contained within the accompanying physical media. Animations, characters, clothing, faces, hair, geometries, images, materials, meshes, morphs, motion files, props, Poser Python scripts, textures, bump maps, transparencies, etc. Any written material in any form supplied with the SANCTUM ART'S product and/or written material provided by authorized agents or representatives created with the intent of being used within the distribiuted by SANCTUM ART applications.
• Allowed Content: All content that does not fall under the Restricted Content definition (see below)
• Restricted Content: All included content, derivative content, files, images, mesh objects, and otherwise copyrighted,�trademarked, and/or patented material supplied within the distribiuted by SANCTUM ART application.
• Third-Party: Any company and/or individual who are not authorized agents or representatives of the SANCTUM ART.

LIMITED WARRANTY:

As the SANCTUM ART'S product sole warranty, the SANCTUM ART warrants that the original digital download or physical medium on which the SANCTUM ART's product is distributed free from defects in materials and workmanship under normal usage conditions for a period of seven (7) days from the date of delivery to user as evidenced by a copy of your receipt. No distributor, dealer, or any other entity or person is authorized to expand or alter either this warranty or this EULA, and the SANCTUM ART will not be bound by any such representation in any way.

The SANCTUM ART does not warrant that the SANCTUM ART'S product functionality will meet your requirements or that the SANCTUM ART'S product operation will be uninterrupted or errorfree.

NO OTHER WARRANTIES. SANCTUM ART 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 SANCTUM ART PRODUCT(S), AND THE ACCOMPANYING WRITTEN MATERIALS. IN NO EVENT SHALL SANCTUM ART 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 SANCTUM ART PRODUCT(S), EVEN IF SANCTUM ART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NO LIABILITY FOR HARDWARE. User assumes complete responsibility for all hardware used in conjunction with the 3-D Model(s). SANCTUM ART 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. In no event will the SANCTUM ART liability for damages to you or any other person ever exceed the amount of the fee paid by you to use the SANCTUM ART'S product regardless of the form of the claim. Except as stated in this EULA, the Program and the Documentation are provided to you as-is without any expressed or implied warranty of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose. You assume the entire risk of the SANCTUM ART product's quality and performance. Should the SANCTUM ART'S product prove defective you (and not the Company, authorized Company Distributor, or dealer) assume the entire cost of all necessary servicing repair or correction.

This warranty gives you specific legal rights. You may also have other rights, which vary from state to state and from country to country. Some states and countries do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

LIMITATION OF REMEDIES

The Company's entire liability and remedy will be either:

• Reissiuing up to six (6) additional download links to purchased SANCTUM ART'S product, If purchesed SANCTUM ART'S product could not be downloaded correcly (not corrupted or in full) within seven (7) days since the date of purchase.
• Sending physical medium (CD/DVD) containig purchesed SANCTUM ART'S product files if SANCTUM ART cannot deliver a succesful additional downolads within thirty (30) days since the date of purchase.

PRODUCT RETURNS

IN THE CASE OF ALL DESTRIBUTED BY SANCTUM ART DIGITAL PRODUCTS (ELECTRONICALLY TRANSFERRED FILES) THERE IS ZERO REFUND POLYCY. SANCTUM ART CANNOT TAKE CUSTOMERS GUARANTEE FOR TOTAL REMOVAL OF SANCTUM ART FILES FROM THEIR SYSTEM. CONSUMER CLAIM OF DELETING SANCTUM ART'S PRODUCT IN QUESTION FROM COMPUTER AND FROM ANY BACKUP DEVICES THAT CONSUMER MAY HAVE USED AND RETURNING THE DATA PACKAGE (WITH ALL ACCOMPANYING MATERIALS) WITH A COPY OF INVOICE TO SANCTUM ART IN SANCTUM ART VIEW IS NOT SUFICIENT TO JUSTIFY REFUND.

SANCTUM ART POSTS APPROPRIATE WARNNINGS AND LINK TO THIS USER LICENSE AGREEMENT ON ALL OF THE PRODUCT PAGES LOCATED IN SANCTUMART.COM STORE.

GENERAL RESTRICTIONS

Violation of any provision in this EULA automatically terminates this EULA and may subject you to civil and/or criminal prosecution at the SANCTUM ART'S sole discretion.

1. Your purchase fee grants you a LIMITED, PERSONAL, and NON EXCLUSIVE license to use SANCTUM ART'S product in accordance with all of the terms�� stated in this EULA. This license is NON TRANSFERABLE.

2. You expressly acknowledge that all title, ownership, and rights to the SANCTUM ART'S product not expressly granted to you by this EULA and applicable laws remain with the SANCTUM ART.

3. You cannot use, copy, modify, derive, or transfer SANCTUM ART'S product or any copy, modification, derivation, or merged portion thereof in whole or in part via any means or for any purpose whatsoever except as expressly provided in this EULA.

4. You assume full responsibility for your selection of the SANCTUM ART'S product to achieve your intended results and for the installation, use, and results you obtain from the SANCTUM ART's product.

5. You may only use the SANCTUM ART'S product on a single computer, SANCTUM ART'S product may be used by any number of people and may be freely moved from one computer to another so long as no possibility exists of the Program being used at more than one computer simultaneously.This restriction applies to the all SANCTUM ART'S products.

6. You, and/or authorized party must protect the SANCTUM ART'S confidentiality and act to enforce this EULA. You cannot distribute or otherwise make the SANCTUM ART's product or its Documentation available to any third party via any means whatsoever, public or private, for any purpose, commercial or not.

7. You may not copy or reproduce the SANCTUM ART'S product or its Documentation except to make one (1) archival copy of the SANCTUM ART'S product for your personal backup purposes, in support of your using the SANCTUM ART'S product in full compliance with this EULA. You may not transfer this archival copy or permit this archival copy to be transferred to any other person or entity via any public or private means whatsoever, whether for compensation or not, SANCTUM ART retains full ownership, title, and all other rights to the copy of the SANCTUM ART'S product contained on your archival media, and all of the terms of this EULA apply to this archival copy as if it was the original SANCTUM ART-produced version of the SANCTUM ART'S product that was furnished to you when you purchased it.

8. You cannot reverse engineer, decompile, debug, disassemble, circumvent security features, or interfere with the normal SANCTUM ART'S product functionality and operation for any reason whatsoever without the express prior written SANCTUM ART'S consent. Any such activity performed without the required consent is a violation of this EULA that may subject you to civil and/or criminal prosecution at the SANCTUM ART'S sole discretion.

9. Any portion of the SANCTUM ART'S product merged into or used in conjunction with another product in any media remains the property of the SANCTUM ART and subject to this EULA,and cannot by distributed to any third party via any means whatsoever, public or private, for any purpose, commercial or not, without the express prior written SANCTUM ART'S consent. Any such activity performed without the required consent is a violation of this EULA that may subject you to civil and/or criminal prosecution at the SANCTUM ART'S sole discretion. You must reproduce and include the SANCTUM ART'S copyright notice on any portion of the SANCTUM ART'S product merged in or used in conjunction with another product.

10. The sale of legal copies of the SANCTUM ART'S product is restricted in accordance with US copyright law and any existing distributor and/or reseller agreements currently in effect between the Sanctum Art and authorized distributors/resellers. This EULA does not grant the user the ability to act as a reseller of the SANCTUM ART'S product.

11. You may not rent, lease, sublicense, or lend any versions or copies of the SANCTUM ART'S product that you do not use.

12. You may not use the Program in any manner that violates any applicable laws in your locality. The Company is not responsible for any illegal use of this software.

DISTRIBUTION RESTRICTIONS

1. As used in this section, the term "Restricted Content" means all files and data included with or part of the SANCTUM ART's product including but not limited to:

• Included mesh objects (geometry) in any format.
• Included files in all proprietary 3D Platform file formats (and any subsequent/compressed formats).
• Included all 2D media files and images (including but not limited to materials, texture, bump, and transparency maps).
• Included Documentation.
• Restricted Content extracted or exported from the SANCTUM ART'S product remains Restricted Content.

2. Third-party content included with Program and Documentation is copyrighted and owned by the original content creators.

3. The SANCTUM ART claims full ownership and copyright rights to all SANCTUM ART-created Restricted Content and all derivatives of these files.

4. You cannot sell, resell, distribute, cause to be distributed, or allow any portion of the Restricted Content to be distributed under any circumstances, via any public or private medium, except where expressly permitted by this EULA and US copyright law, without the Company's prior written consent, a copy of which must be furnished with all Restricted Content distributed in accordance with this section. You may only use the Restricted Content for exclusive use on one computer unless authorized within this EULA and/or the contents of the Company's official written consent.

5. You may copyright and distribute rendered still or animated images derived from the Restricted Content without restriction or royalty to SANCTUM ART provided you do not violate other clauses of this agreement.

6. You may NOT copyright and distribute rendered still or animated images created to produce trademarks or logotypes for yours or any other Third-party comercial products. All SANCTUM ART'S products are trademarks or registered trademarks of Sanctum Art, INC.

7. You may export geometry data for use in other third party software packages provided that you do not violate any terms of this agreement. You may not sell, distribute, or copyright exported Restricted Content geometry data in any format of any kind. Re-triangulated, simplified, subdivided, or other Derivative forms of exported geometry data remain Restricted Content. You may use SANCTUM ART'S product to generate three-dimensional motion data that you can sell, distribute, and copyright provided that this data is not derived from motion data included in the Restricted Content.

8. You may use and distribute the Allowed Content in accordance with all applicable license terms imposed by the content's original creator. SANCTUM ART does not enforce third-party rights.Third-party content (if any) included with SANCTUM ART'S product and/or it's Documentation is copyrighted and owned by the original content creators.

9. The purpose of defining certain content as Restricted Content is to protect the SANCTUM ART'S investment, interests, and ownership of Restricted Content. It is not the SANCTUM ART's policy to unreasonably restrict or inhibit any third party's creative or commercial activities. The following are Legitimate Uses of Restricted Content:

• Creating morph targets based on the Restricted Content provided that any distribution of the morph targets will not include the original mesh connectivity information. This can be in the form of data utilized with morph moving utilities or in a .CR2 file that references the original geometry but does not include the complete mesh.
• Creating texture templates derived from the Restricted Content to create new maps for either Restricted or Allowed content.
• Creating tutorials, books, or other educational materials using images of Program interface for sale, distribution, public display, etc., provided they are intended to educate users as to use of the Program, or when used under the "fair use" guidelines of US copyright law. Any other use of images of the Program interface must be approved by the Company's prior written consent.
• Creating original content (props, hair, clothing, etc.) for Restricted Content for sale, distribution, public display, etc.
• Creating materials (shader trees) for use with either Restricted or Allowed Content.
• Creating characters or props based on Restricted Content in proprietary file formats, where the original (or modified) geometry, texture, or other Restricted Content Files are not distributed with said characters or props.
• Creating Poser Python scripts.

10. As part of the legitimate uses for Restricted Content outlined above, you may reproduce, distribute, sell, copyright, publicly display, and publicly perform using Restricted Content provided that such activity is limited to the Legitimate Uses enumerated above and does not violate any other clauses in this agreement and/or applicable US copyright laws.

COPYRIGHT

The SANCTUM ART'sproducts are � 2003-2005 Sanctum Art, INC. All rights reserved. The Sanctum Art logo is a trademark of Sanctum Art, Inc. Sanctum Art is registered trademark of Sanctum Art, Inc. All SANCTUM ART products are trademarks or registered trademarks of Sanctum Art, INC.

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.

APPLICABLE LAW

The laws of the state of Illinois govern this EULA, except that federal and international law governs copyrights, patents, and registered trademarks.

Should any court having appropriate jurisdiction find any provision of this EULA invalid, that particular provision will be deemed null and void and will not affect the validity of any other provision of this EULA.

U.S. GOVERNMENT RESTRICTED RIGHTS

The SANCTUM ART products are provided with restricted rights. The use, duplication, or disclosure by the United States 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 subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. The Contractor/Manufacturer is Sanctum Art, Inc.

This EULA remains in full force and effect until terminated at the SANCTUM ART's sole discretion.

CONTACT INFORMATION

SANCTUM ART is a Illinois-based Corporation, provides the product in this package and licenses its use.

If you have questions concerning this EULA or need to contact Customer Service, please contact us:

Sanctum Art, Inc.

(773) 329-3398

Technical support: sales@sanctumart.com

Legal (EULA questions, illegal activity reporting): info@sanctumart.com