Texturama License Agreement (New and revised for 2006)
Copyright (c) 2006-2010 XY3D.

Laymanese Version:

The images may be used royalty-free within most art, animation, video, film, web, and now videogame applications, as long as the textures cannot be extracted from the distributed application. The license restricts use to one computer only, and there are restrictions on distribution within graphic software which uses the images as an asset within, such as 3D design software. Before purchasing, it is important that you read the detailed description below.

Legalese Version:

BY PURCHASING AND REGISTERING TEXTURAMA IMAGES, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT PROCEED.

Usage of this texture library CD-ROM for registered purchasers of this texture library is royalty-free and includes an unlimited license for use in 3D applications and DTP, with the following restrictions:

1. License. The software, textures, and image data accompanying this License, whether on disk, read only memory, via the Web, or any other media, is licensed, not sold, to purchaser by XY3D. You own the media on which the Texturama texture library is recorded, but XY3D retains title to the images (texture/clip art media). The Texturama software license you have purchased and any copies you are authorized to make by this license are subject to the terms of this license.

2. Usage Rights. XY3D copyrights the images and other content in the texture library. In purchasing this library, you have purchased a license to use the images. This license allows the registered user to use the images in their own creations as part of a graphic piece for distribution, broadcast, or performance wherein the creation does not use any of the images or derivatives as the primary source of the creations value. The images may be used on one computer and with one user at a time. The images or its derivatives may not be offered for hire, or duplicated or manipulated for resale or redistribution in the form of a collection or library, (such as a media library, reproduction art, or stock design). You must be the sole purchaser and have gone through the official purchase process, with registration, to be considered a registered user. Non-competitive usage of the XY3D Texture Library is unlimited and royalty-free.

As of 2006, the images may now be used royalty-free within console games and computer games. The license restricts use to installation on one computer only for development purposes. For multiple-computer development licensing, please contact us for special pricing.

Restrictions within a virtual 3D environment now apply only to distribution within 3D and graphic design software, where the images become an asset within the software (i.e. 3D design packages). For information on how to license images for this restricted use, please contact Eric Brian Smith of XY3D. Eric's up-to-date contact information can be found at http://www.texturama.com

3. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL XY3D OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL XY3D BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT XY3D RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF XY3D SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

4. U.S. Governments Restricted Rights. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is XY3D, mailing address of 1700 Church St. #1244, San Francisco, CA 94131.

5. Termination. The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation. Any attempt to resell or distribute this XY3D texture library, in whole or in part, as clip media, reproduction art, or stock design (for free or for trade, in competition with or at detriment to sales of texture library for Texturama and XY3D) will terminate this license agreement, and entitles XY3D to seek financial compensation for lost sales and any other damages as determined at that time.

Thanks for reading all this...you will love Texturama!!

If you have any special licensing requests, we are flexible and reasonable, so please contact us for your unique requirements.

Texturama.com, an XY3D product.