END USER LICENSE AGREEMENT (EULA) FOR THE TEEN GIRL TINA FOR MIKI 2 PACKAGE --------------------------------- 1. DEFINITIONS --------------------------------- 1.01 The term "Artist" refers to Andolaurina, LLC., a Florida limited liability corporation in the United States. 1.02 The term "Buyer" refers to an individual or single entity who has legally acquired the Package through the Artist or one of the Artist's authorized vendors or merchants, whether the Package was acquired by the Buyer for a fee or free-of-charge. 1.03 The terms "Package" refers to any and all of the contents of the encapsulating archive file, including but not limited to any included OBJ, OBZ, MTL, CM2, CMZ, CR2, PZ2, PP2, HR2, HRZ, PZ3, LT2, LTZ, FC2, FCZ, HDZ, HD2, MC5, MC6, PNG, TXT, PDF, TIF, GIF, PSD, JPG, ZIP, EXE, RSR, DOC, DOCX, MDB, ACCDB, PPT, XLSX, PY or other files. --------------------------------- 2. GENERAL --------------------------------- 2.01 IT IS THE BUYER'S RESPONSIBILITY TO READ AND UNDERSTAND THIS EULA. If the Buyer does not fully understand the English language, the Buyer must find a competent translator at the Buyer's expense to translate the contents of this EULA. 2.02 If the Buyer is unsure about anything in this EULA or regarding the Package, the Buyer must send an email to the Artist at: jeninbox-andolaurina@yahoo.com If the Buyer does not receive a timely response from the Artist at the email address, the Buyer may send a letter by postal mail to: Customer Service Department P.O. Box 333 Brandon, FL 33909-0333 2.03 This End User License Agreement ("EULA") is a legal and binding agreement between the Buyer and the Artist for the Package and the associated proprietary media, printed materials, any associated documentation (including electronic documentation), and also any updates or modifications of the foregoing provided by the Artist or authorized vendors or merchants to the Buyer. 2.04 The Buyer consents to be bound by and become a party to this EULA. 2.05 Written approval is not a prerequisite to the validity or enforceability of this EULA and no solicitation of any such written approval by or on behalf of the Artist or one of the Artist's authorized vendors or merchants shall be construed as an inference to the contrary. 2.06 The Artist maintains an ongoing EULA enforcement program. However, the failure of the Artist to act with respect to a breach of this Agreement by the Buyer or others does not constitute a waiver and shall not limit the Artist's rights with respect to such breach or any subsequent breaches. 2.07 This Agreement is personal to the Buyer and may not be assigned or transferred for any reason whatsoever without the Artist's prior written consent and any action or conduct in violation of the foregoing shall be void and without effect. The Artist expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. 2.08 In all communications with the Artist, the Buyer agrees to provide truthful information to the Artist. 2.09 This EULA represents the complete agreement concerning this license between the Artist and the Buyer and supersedes all prior agreements and representations between them. 2.10 The Artist may choose revoke this license if the Buyer violates this EULA. If the license is revoked, the Buyer must delete all copies of the Package and its contents. The Buyer may not redistribute the Package. The Buyer must cease distributing any and all works based on the Package. --------------------------------- 3. APPLICABLE LAW --------------------------------- 3.01 The laws of the County of Hillsborough in the state of Florida in the United States of America (without regard to its conflicts of law provisions) shall govern this EULA and apply to all interactions between the Artist and the Buyer, except that federal and international law governs copyrights, patents, and registered trademarks. 3.02 Should any court or arbitrator having appropriate jurisdiction find any provision of this EULA invalid, illegal or unenforceable that particular provision will be limited or eliminated to the minimum extent necessary to make it legal and enforceable and this EULA shall otherwise remain in full force and effect and enforceable. 3.03 The sole and exclusive jurisdiction and venue for actions arising under this Agreement shall be the State and Federal courts in Hillsborough County, Florida; the Buyer hereby agrees to service of process in accordance with the rules of such courts. If the Artist prevails in any dispute under this EULA, the Artist shall be entitled to the Artist's costs and legal fees. --------------------------------- 4. U.S GOVERMENT RESTRICTED RIGHTS --------------------------------- 4.01 This Package is 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 Andolaurina, LLC. 4.02 This Package may be subject to the export controls of the United States Departments of State and Commerce and the Buyer agrees to fully comply with all applicable United States export regulations governing export, destination, ultimate end user, and other restrictions relating to the Package. --------------------------------- 5. TRADEMARKS --------------------------------- 5.01 "Andolaurina", "Andolaurina.com" and the specific name of this Package are trademarks of Andolaurina, LLC. 5.02 Poser is a registered trademark of Smith-Micro. All other product names mentioned in this Package or other documentation are used for identification purposes only and may be trademarks or registered trademarks of their respective companies. Registered and unregistered trademarks used herein are the exclusive property of their respective owners. --------------------------------- 6. COPYRIGHTS & CONFIDENTIALITY --------------------------------- 6.01 The Buyer expressly acknowledges that the Artist has a valuable proprietary interest in the Package. 6.02 The Artist retains all copyrights, titles, ownership and other rights to this Package. 6.03 The Buyer is not purchasing the contents, only the right to use the contents. 6.04 The Buyer acquires the copyright to any derivative works created using this work, provided none of the original materials can be extracted from the derivative work by any means and that none of the provisions of this EULA have been violated. If the Artist can show that any of the original material can be extracted from Buyer's derivative work, the Artist can demand both the original and derivative work, and all copies thereof be deleted. For example, Buyer cannot make an image of a texture map mapped to a flat plane, such that the original texture map can be cut and pasted from the image. This is designed to protect the Artist from Buyer's releasing work, which lets other users obtain the copyrighted material, and is not meant to infringe upon the artistic endeavors of the Buyer. 6.05 The Artist retains the right to resell this work at any price to anyone else, or stop selling it at any time. 6.06 The Buyer may not claim to be the creator of the Package. 6.07 The Buyer, the Buyer's employees, and/or authorized agents must protect the Package's confidentiality and act to enforce this EULA. 6.08 The Artist maintains that the Artist legally possesses the power to grant the Buyer this EULA for the Package. 6.09 The Artist maintains that all items in this Package are the Artist's original work, or are derivative works from merchant resources for which the Artist has obtained legal licenses to use, or are derivative works from something found, and verified, to be in the public domain. 6.10 To the best of the Artist's knowledge, the Package does not infringe the rights, including patent, copyright and trade secret rights, of any third party, nor was the digital data unlawfully copied or misappropriated from digital data owned by any third party; provided, however, that the Artist makes no representation or warranty with respect to infringement of any third party's rights. --------------------------------- 7. PACKAGE USAGE & LICENSE --------------------------------- 7.01 The Buyer is hereby granted a LIMITED, PERSONAL, NON-EXCLUSIVE AND NON-TRANSFERABLE license to use this Package in accordance with all of the terms of this EULA. The Buyer retains this license, even if the Artist stops selling this work at a later date, or decides to charge a different price. 7.02 The Buyer may use this Package in commercial or non-commercial renders and animations without restrictions or royalties paid to the Artist provided that the Buyer does not violate other provisions of this EULA and as long as the Artist's work is protected from extraction. 7.03 The Buyer is not obligated to give the Artist credit for the Package in any render or animation. However, if the Buyer would like to give the Artist credit, the Buyer may credit "Andolaurina.com" or "Andolaurina". 7.04 The Buyer may not redistribute this Package, in whole or in part, to any third-parties under any circumstances. 7.05 The Buyer may not rent, lease, sublicense, loan or lend any versions or copies of the Package that the Buyer does not use. 7.06 The Buyer may not use this Package as a merchant resource, including but not limited to using the MAT pose files, the material room settings, the textures, bump files, specular files or the morph as a base for commercial or free characters, morphs, textures, figures or merchant resources. 7.07 The Buyer may not reverse-engineer, decompile, debug, disassemble or translate any portion of this Package for any purpose. 7.08 The Buyer may not use this Package or the enclosed material in any manner that violates any applicable laws in the Buyer's locality. The Artist is not responsible for any illegal use of this Package or the enclosed materials. The Buyer is fully responsible for researching and understanding the laws of the Buyer's locality at the Buyer's expense. 7.09 The Buyer may not make any MetaStream animation files with the enclosed materials, until this format can protect the original materials from being extracted. --------------------------------- 8. ARCHIVING THE PACKAGE --------------------------------- 8.01 The Buyer may make one (1) backup copy of the Package for personal archival purposes only. 8.02 The Buyer may not store the Package any place on a network, a community computer (including but not limited to a library computer or shared educational computer) or on the Internet where it may be referenced by a third party. --------------------------------- 9. LIMITATION OF LIABILITY --------------------------------- 9.01 The Buyer assumes full responsibility for selection of the Package to achieve the Buyer's intended results and for the installation, use, and results the Buyer obtains from the Program. 9.02 Except as stated in this EULA, the Package is provided to the Buyer 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. The Buyer assumes the entire risk of the Package's quality and performance. Should the Package prove defective, the Buyer (and not the Artist, Artist's authorized vendor or dealer) assume the entire cost of all necessary servicing repair or correction. Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to the Buyer. 9.03 The Buyer agrees to hold the Artist blameless for any damages caused by third parties. 9.04 The Buyer agrees that in no event or circumstances and under no legal theory, including but not limited to tort, contract, negligence, strict liability or otherwise shall the Artist or its vendors or merchants be liable to the Buyer or any other person for any punitive, indirect, special, incidental or consequential damages of any character including, without limitation, damages for lost profits, loss of good will, lost savings, loss of data, work stoppage, accuracy of results, computer failure or malfunction or damages resulting from the Buyer's use of the Package or the services provided by the Artist or for any matter beyond the Artist's or the Artist's vendors' or merchants' reasonable control. Some states do not allow the exclusion or limitation of special, incidental, or consequential damages, so portions or all of the above limitation or exclusion may not apply to the Buyer. 9.05 The Buyer agrees that the Artist and the Artist's vendors' or merchants' maximum liability for damages of any kind whatsoever arising out of this EULA shall be limited to (a) the purchase price paid by the Buyer for the Package or (b) if the Buyer received the software free of charge, five U.S. dollars (US $5.00), except where not permitted by applicable law, in which case the Artist's liability shall be limited to the minimum amount permitted by such applicable law. The foregoing limitations shall apply even if the Artist has been informed of the possibility of such damages. 9.06 The Buyer acknowledges that, because of the structure and nature of the Internet and governing bodies, it is possible for third parties to "listen" to or intercept any data transferred over the Internet. The Buyer takes said risk. The Buyer agrees that the Artist is not liable for any breach of privacy of any information sent by e-mail, through a forum, or any other means over the Internet. --------------------------------- 10. REFUNDS --------------------------------- 10.01 In the event a Buyer is not satisfied with the Package, a refund may or may not be issued at the sole discretion of VENDOR (not the Artist) selling the Package on behalf of the Artist. The Buyer should carefully read the refund policy at the vendor's site prior to purchase of the Package. 10.02 The Buyer is responsible for contacting and working with the Vendor to obtain a refund. THE ARTIST REQUESTS THAT, BEFORE THE BUYER ASKS FOR A REFUND FROM THE VENDOR, THE BUYER SHOULD CONTACT THE ARTIST SO THAT THE ARTIST CAN FIX THE PROBLEM SO LONG AS THE BUYER GIVES THE ARTIST ADEQUATE TIME TO MAKE CHANGES PRIOR TO THE EXPIRATION OF THE VENDOR'S REFUND PERIOD. THE ARTIST RESERVES THE RIGHT TO DECLINE TO MAKE CHANGES TO THE PACKAGE IF THE BUYER'S PROBLEM WAS PART OF THE INTENDED DESIGN OF THE PACKAGE. 10.03 In the event that the vendor or merchant does not have a refund program or if the Package was purchased directly through the Artist, the Buyer must contact the Artist directly and the Artist will work with the Buyer to fix any problem with the Package. Refund requests will only be considered by the Artist after the Buyer has worked with the Artist to fix the problem. If the Artist chooses to issue a refund, the Buyer is responsible for deleting all files obtained from the Package and deleting all derivative works created by the Buyer using the Package. The Buyer agrees to not distribute the Package or its files to a third party. --------------------------------- 11. PROOF OF PURCHASE --------------------------------- 11.01 The Buyer must maintain a copy of this EULA and the Buyer's receipt for the Package as Proof of Purchase, whether or not the Buyer paid money for the Package or received it for free. 11.02 If the Package is an update to a previous version of the Package, the Buyer must possess and maintain a valid license to such previous version in order to use the update. --------------------------------- 12. INDEMNIFICATION --------------------------------- 12.01 The Buyer agrees that the Artist shall have no liability whatsoever for any use the Buyer makes of the Software. The Buyer shall indemnify and hold harmless the Artist from any third party claims, damages, liabilities, costs and fees (including attorney fees) arising from the Buyer's use of the Package as well as from the Buyer's failure to comply with any provision of this EULA.