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    3DTS repaint policy question

    Hello all, I'm having a hard time finding the Eula from my copy of 3DTS' Donner Pass & The Storm of 1952 so I have a question. Am I allowed to repaint the cabforwards and lightweight streamline cars and release just it minus the .s, cabview & sound files?
    Don't tell me the sky's the limit, when there's footsteps on the moon..

    --Josh--

    #2
    Originally posted by scfe_fan View Post
    Hello all, I'm having a hard time finding the Eula from my copy of 3DTS' Donner Pass & The Storm of 1952 so I have a question. Am I allowed to repaint the cabforwards and lightweight streamline cars and release just it minus the .s, cabview & sound files?
    You probably can, so long as you don't release the .s files. But, I am no expert, and strongly recommend you contact Brad Brown at 3DTS.
    Thanks in Advance! Sincerely, Joseph "Joe" Anthony Marchetti sigpic

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      #3
      When in doubt, always contact the makers in anything to do with repaints. Don't ever assume just because you are doing something that seems safe. The better thing to do is to contact them always, no matter the deal. Remember, this is a payware product you are dealing with. Even with freeware some people require that request permission.

      So do contact them first. Ignorance isn't an excuse just because you lost the EULA or don't know where you have it. Typically that stuff is in the route's folder if you have their route installed.
      Edwin
      sigpic

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        #4
        Here is the EULA.

        3D TRAIN STUFF – DONNER PASS ROUTE - HIGH SIERRA CROSSING - END USER License AGREEMENT (EULa).


        This is a legal agreement (“Agreement”) between you (either an individual or an entity), the end user and 3D TRAIN STUFF.BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE PRODUCT YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR USE THE SOFTWARE PRODUCT.

        3D Train Stuff retains all ownership rights to this software. 3D Train Stuff, grants the user ("you") a non-exclusive license to use this software for personal use on a single computer. THIS LICENSE IS NOT TRANSFERABLE, THEREFORE, THIS PRODUCT MAY NOT BE RESOLD. It may not be installed on a single workstation used nonsimultaneously by multiple people. This is not a concurrent use license. This software may not be copied or distributed, in whole or in part, to any format, including digital media, without the express written permission of 3D Train Stuff.

        YOU MAY NOT MODIFY AND REDISTRIBUTE ANY OF THE FILES IN THIS SOFTWARE, AND THIS INCLUDES RESKINING ANY OF THE MODEL TEXTURE MAPS INCLUDED IN THIS SOFTWARE.

        THIS SOFTWARE, AND ALL ACCOMPANYING FILES, DATA AND MATERIALS, ARE DISTRIBUTED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. IN PARTICULAR, THERE IS NO WARRANTY GIVEN AGAINST THIS FILE CONTAINING A VIRUS. GOOD DATA PROCEDURE DICTATES ANY PROGRAM BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE RELYING ON IT. THE USER MUST ASSUME THE ENTIRE RISK OF USING THIS SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT.

        ANY LIABILITY OF 3D TRAIN STUFF WILL BE LIMITED EXCLUSIVELY TO REFUND OF PURCHASE PRICE. IN ADDITION, IN NO EVENT SHALL 3D TRAIN STUFF, OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF THIS SOFTWARE, OR YOUR RELATIONSHIP WITH 3D TRAIN STUFF.

        IN ADDITION, IN NO EVENT DOES 3D TRAIN STUFF AUTHORIZE YOU TO USE THIS SOFTWARE IN APPLICATIONS OR SYSTEMS WHERE THIS SOFTWARE'S FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT PHYSICAL INJURY, OR IN LOSS OF LIFE. ANY SUCH USE BY YOU IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD 3D TRAIN STUFF HARMLESS FROM ANY CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE.

        This Agreement is the complete statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of the State of California. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts located in the State of California, and you consent to such jurisdiction and venue.

        All rights of any kind in this software which are not expressly granted in this License are entirely and exclusively reserved to and by 3D Train Stuff. You may not rent, lease, modify, translate, reverse engineer, decompile, disassemble or create derivative works based on this software. You may not make access to this software available to others in connection with a service bureau, application service provider, or similar business, or use this software in a business to provide add-on content. There are no third party beneficiaries of any promises, obligations or representations made by 3D Train Stuff herein.

        YOU ARE SPECIFICALLY PROHIBITED FROM CHARGING, OR REQUESTING DONATIONS, FOR ANY COPIES, HOWEVER MADE, AND FROM DISTRIBUTING SUCH COPIES WITH OTHER PRODUCTS OF ANY KIND, COMMERCIAL OR OTHERWISE, WITHOUT PRIOR WRITTEN PERMISSION FROM 3D TRAIN STUFF. 3D TRAIN STUFF RESERVES THE RIGHT TO REVOKE THE ABOVE DISTRIBUTION RIGHTS AT ANY TIME, FOR ANY OR NO REASON.

        I stand corrected!!!
        Last edited by GG12332; 09-04-2010, 12:36 AM.
        Thanks in Advance! Sincerely, Joseph "Joe" Anthony Marchetti sigpic

        Comment


          #5
          Well then there you have it. You can't distribute that stuff. You'd have to just keep it to yourself.
          Edwin
          sigpic

          Comment


            #6
            I would still contact Brad and see what he says.
            Nick - Creator of the Virtual Railroading Review Show
            sigpic

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