GenCrowd 3D v2.0

Custom License
END USER SOFTWARE LICENCE

IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. GENEMATION LIMITED AND/OR ITS ASSOCIATED COMPANIES ('GENEMATION') IS WILLING TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, OR LEGAL ENTITY THAT WILL BE USING THE SOFTWARE (REFERENCED BELOW AS 'YOU' OR 'YOUR') ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT. BY CLICKING THE 'AGREE', 'ACCEPT' OR 'YES' BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENCE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT, PRESS THE 'DISAGREE', 'DECLINE' OR 'NO' BUTTON OR OTHERWISE INDICATE REFUSAL AND MAKE NO FURTHER USE OF THE SOFTWARE.

Definitions of terms appearing herein in capital letters are set out in Clause 13 and/or elsewhere in this Licence. References herein to clauses shall be references to clauses in this Licence.

1.        LICENCE GRANT
1.1.                Genemation grants You a non-exclusive non-transferable licence to: -
1.1.1.         use one copy of the Software on one Computer;
                1.1.2.        use the Documentation in conjunction with the Software;
                1.1.3.         make one copy of the Software solely for back up purposes; and
1.1.4.        make a reasonable number of copies of the Documentation solely for training, reference, back up and archival purposes.
1.2.         Your use of the Software and Documentation is governed by this Licence.
1.3.         You undertake to comply with all applicable statutes, laws and regulations in respect of its use of the Software and Documentation pursuant to this Licence.

2.         LICENCE RESTRICTIONS
2.1.         Other than as expressly permitted in this Licence You may not: -
2.1.1.        make any copies of the Software or the Documentation;
2.1.2.        modify, adapt or translate the Software nor reverse engineer, decompile, disassemble or attempt to discover the source code of the Software or the Key or convert or translate the Software or the Key to a human perceivable form or allow the Software to be combined with, or to become incorporated or integrated in, any other programs, software, tools or hardware except as the Purpose expressly specifies otherwise or as specifically agreed otherwise by Genemation in writing;
2.1.3.        use the Software otherwise than in accordance with the Documentation;
2.1.4.        distribute, license, sub-license, lease, lend, transfer or otherwise dispose of any interest in the Software or Documentation to any third party or otherwise allow other parties to use or have access to, the Software or Documentation;
2.1.5.        use the Software in breach of the Key or alter the Key or use, alter or create licence files for or within the Software in breach of this Licence;
2.1.6.        use the Software or Documentation other than solely for the purpose of creating photo realistic three dimensional heads from photographs; or
2.1.7.        otherwise use the Software or Documentation in any manner not permitted by this Licence.

3.         LICENCE MANAGEMENT
3.1.        The Key will set restrictions on usage of the Software as determined by Genemation in accordance with this Licence and You will ensure that these restrictions are adhered to.


4.         UPDATES AND SUPPORT
4.1        Genemation may update the Software from time to time but, for the avoidance of doubt, it is under no obligation to do so. You shall have the right to obtain any Service Packs and Updates that may be made available during any period for which You have purchased maintenance. This Licence does not otherwise permit You to obtain and use Service Packs or Updates.
4.2        Genemation shall provide support via the following e-mail address: support@genemation.com This support shall be available 24 hours a day during normal business days.

5.         INTELLECTUAL PROPERTY RIGHTS
5.1.         All Intellectual Property Rights and all other rights, title and interest whatsoever in the Software and the Documentation and any ideas, know-how and programs comprising enhancements or modifications to the Software which are developed by or on behalf of Genemation are owned by Genemation and/or Genemation's licensors. The content, structure, organisation and code comprised in the Software and the information in the Documentation are the valuable trade secrets, and Confidential Information, of Genemation.
5.2.         Save as set out in Clauses 1 and 2, this Licence does not grant You any rights in the Software or Documentation and You shall not acquire any ownership of or title to the Software or Documentation and the original and all copies of the Software and Documentation shall remain the property of Genemation.
5.3.         You will ensure that all copies of the Software and Documentation at all times bear the proprietary and other notices contained in or on the original copy of the Software and Documentation supplied to You and shall not remove any proprietary notices, labels, or markings on the Software including any source code header files or otherwise.
5.4.        Without prejudice to Clause 2.1, if You discover any potential or actual fix for or improvement to or enhancements of the Software ('Improvements') You shall notify Genemation of that fact and provide reasonable details thereof as soon as reasonably practicable after such discovery. In consideration for the rights and licences granted to You by Genemation hereunder and the obligations assumed by Genemation hereunder (which You hereby acknowledge shall be sufficient and adequate consideration) You hereby assign to Genemation by way of present and future assignment all Intellectual Property Rights and all other rights, title and interest whatsoever which shall or may in the future exist in and to all Improvements and, by way of further consideration for such assignment, Genemation hereby grants to You a royalty free non-exclusive non-transferable licence in respect of any Improvements on the same terms as set out in clause 1.1 in respect of the Software which licence shall become effective automatically upon such Improvements being discovered. In the event that any Improvements are discovered all references in to 'Software' shall be deemed to include and apply equally to such Improvements (except for clauses 7.1 and 9 which shall not apply in respect of Improvements).
5.5.        For the avoidance of doubt, any Intellectual Property Rights in any Output shall upon creation vest in You and You shall be free to use and exploit any such Output notwithstanding the expiry or termination of this Licence.

6.         CONFIDENTIALITY
6.1.         You agree that You will not use or disclose to any third party any of Genemation's Confidential Information except as permitted by this Licence or as authorised by Genemation in writing. You undertake to use the same care to maintain the Genemation's Confidential Information as You use to maintain the confidentiality of Your own non-public information of equal importance but in any event at least all reasonable care including the use of reasonable security precautions and the use of appropriate legally binding confidentiality agreements for those who may receive Confidential Information.
6.2.         The confidentiality obligations in this Licence shall not apply to any Confidential Information which is required to be disclosed by applicable law or order of a Court of competent jurisdiction or recognised stock exchange or government department or agency or other competent authority provided that prior to such disclosure the recipient party consults with the other party as to the proposed form, nature and purpose of the disclosure.

7.         LIMITED WARRANTY
7.1.         Genemation warrants that for a period of 30 days from the delivery of the Software to You, the Software will operate substantially in accordance with the hardware compatibility details specified in the Documentation and that the media on which the Software is delivered (where applicable) will be free from defects. If, within 30 days of receipt of the Software by You the medium on which it is supplied is faulty and returned to Genemation, Genemation shall replace it without charge.
7.2.         You accept that the Software cannot be tested in every possible combination or operating environment. In particular and for the avoidance of doubt Genemation does not warrant:
7.2.1        that the Software will operate in all selected combinations including with any particular third party software or hardware except as the Documentation expressly states otherwise;
7.2.2        that operation of the Software will be uninterrupted or error free;
7.2.3        that operation of the Software will meet Your requirements or be fit for any particular purpose (and in particular You acknowledge that the results of the use of the Software depend on the specific design of the Output being created by You and the code written using the Software); or
7.2.4        that the Software will operate in high risk or mission critical environments.
7.3.         Without prejudice to the generality of Clause 7.4, any express or implied warranties herein shall not apply if:
7.3.1        the Software is not used in accordance with the instructions of Genemation including the Documentation;
7.3.2        the Software is altered, modified or converted by You or a third party or combined or integrated with or into third party software, unless such alteration, modification, conversion or use in combination or integration is with Genemation's prior express written consent;
7.3.3        an error in the Software results from a malfunction of a third party's or Your equipment or software not supplied by Genemation; or
7.3.4        any defect arises from acts and omissions of You or Your employees or as a result of fair wear and tear, wilful damage, negligence, abnormal working conditions, improper storage or misuse.
7.4.        EXCEPT AS PROVIDED ABOVE IN CLAUSE 7.1, THE SOFTWARE IS PROVIDED 'AS IS' AND GENEMATION EXPRESSLY DISCLAIMS AND EXCLUDES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7.5.        If Genemation provides any pre- or post-sales services or advice including optimisation, parameterisation, integration services or advice, or carries out any programming including the writing of any code for You or provides advice on the same, and which is carried without charge, then the provisions of clause 7.4 shall apply in respect of such services or advice unless otherwise agreed in writing with Genemation. IN NO EVENT SHALL GENEMATION BE LIABLE FOR ANY DAMAGES (INCLUDING LOSS OF PROFITS OR DATA) ARISING OUT OF ANY SUCH SERVICES OR ADVICE.
7.6.        Without prejudice to clause 7.1, in no circumstances shall Genemation be responsible for or have any liability in connection with the nature and quality of the Output or for any damages or other losses (including all reasonable legal and other costs) that may be incurred or awarded or agreed to be paid to any third party in connection with the Output.

8.         LIMITATION OF LIABILITY
8.1.         Genemation's total liability and Your exclusive remedy for breach of the limited warranties given above shall be limited to Genemation, at its option, either refunding the price paid by You for the Software, or replacing the defective Software or using reasonable efforts to correct material, documented, reproducible defects in the Software and delivering such corrected Software to You. Any replacement or corrected Software will be warranted for 30 days from the delivery thereof.
8.2.         TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GENEMATION BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, GOODWILL OR DATA) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, (INCLUDING IN PARTICULAR THE FUNCTIONALITY (OR LACK THEREOF) OF ANY CODE CREATED USING THE SOFTWARE OR DOCUMENTATION), WHETHER BASED ON A CLAIM UNDER CONTRACT, TORT OR OTHER LEGAL THEORY, EVEN IF GENEMATION WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3.         Genemation does not seek to limit or exclude liability for death or personal injury arising from Genemation's negligence and all limitations and exclusions of liability set out in this Licence shall not apply to such circumstances.
8.4.        Genemation's entire liability in contract, tort, negligence or otherwise for damages or other liability in respect of any one incident or a series of connected incidents shall not, in any event, except as provided in Clause 8.3, exceed in aggregate the amount of the total payments made by You to Genemation.

9.        INDEMNITY
9.1.        Subject to the provisions of Clauses 8.2, 8.4 and 9.2, Genemation will indemnify You against any damages or other losses (including all reasonable legal and other costs) that may be incurred or awarded or agreed to be paid to any third party in respect of any claim or action that the normal use of the Software infringes any Intellectual Property Rights of such third party. This indemnity shall not apply to any infringement arising:
9.1.1        from any alteration, modification or conversion of the Software by You or any third party or from the use of the Software in combination or integration with any other software, unless such alteration, modification, conversion or use in combination or integration is with Genemation's prior express written consent, and unless the Software would have infringed the Intellectual Property Rights of such third party irrespective of such alteration, modification or conversion or combination or integration with any other software;
9.1.2        in relation to the Output;
9.1.3        from any breach of the Your obligations under this Licence; or
9.1.4        from any use of the Software by You other than in accordance with the instructions of Genemation including the Documentation.
9.2.         The indemnity above shall only be given on condition that: -
9.2.1        You give written notice to Genemation of any such infringement forthwith upon becoming aware of the same; and
9.2.2        You give Genemation the sole conduct of the defence to and settlement of any claim or action in respect of such infringement and does not at any time admit liability or otherwise settle or compromise or attempt to settle or compromise the said claim or action except upon the express written instructions of Genemation; and
9.2.3         You act in accordance with all reasonable instructions of Genemation and give Genemation such assistance as it shall reasonably require in respect of the conduct of the said defence and settlement including without prejudice to the generality of the foregoing the filing of all pleadings and other court process and the provision of all relevant documents.
9.3.         In the event of such an infringement Genemation shall be entitled at its own expense and option either to: -
9.3.1        procure the right for You to continue using the Software; or
9.3.2        replace or modify the Software to render it non-infringing provided that there is no material loss of functionality; or
9.3.3        if none of the above alternatives are commercially feasible, terminate this Licence and refund to You all sums paid to Genemation in respect of the Software.
9.4        Without prejudice to clause 9.1, You will indemnify Genemation against any damages or other losses (including all reasonable legal and other costs) that may be incurred or awarded or agreed to be paid to any third party in respect of any claim or action arising in connection with the Output on the condition that:
9.4.1        Genemation gives written notice to You of any such claim or action forthwith upon becoming aware of the same; and
9.4.2        Genemation gives You the sole conduct of the defence to and settlement of any such claim or action and does not at any time admit liability or otherwise settle or compromise or attempt to settle or compromise any such claim or action except upon Your express written instructions; and
9.4.3         Genemation acts in accordance with all Your reasonable instructions and gives You such assistance as it shall reasonably require in respect of the conduct of the said defence and settlement including without prejudice to the generality of the foregoing the filing of all pleadings and other court process and the provision of all relevant documents.


10.        TERM AND TERMINATION
10.1.         This Licence shall commence on the date that You purchase the Software and shall continue in perpetuity unless terminated as set out below.
10.2.         Notwithstanding the above this Licence shall terminate automatically: -
10.2.1        by mutual agreement of the parties in writing;
10.2.2        if You breach any of the Licence Restrictions set out in clause 2;
10.2.3        by either party giving notice to the other following a breach by the other of any obligation under this Licence which is either (if not capable of remedy) a material breach or (if capable of remedy) not remedied within 30 days of such notice to the satisfaction of the first party;
10.2.4        by Genemation giving 7 days notice to You in the event that You fail to make any payments due to Genemation or any reseller from whom You have purchased the Software; or
10.2.5        by either party giving notice to the other party if the other party becomes insolvent or is otherwise unable to pay its debts as they fall due within the meaning of S.123 Insolvency Act 1986 or if the other party has a receiver, administrative receiver or administrator appointed over any of its assets or goes into liquidation or ceases to carry on business or anything equivalent to any of the foregoing in any jurisdiction happens in respect of the other party
10.3.         Upon the expiry or prior termination of this Licence for any reason You shall cease using the Software and Documentation and destroy or (at the request of Genemation) return to Genemation all copies of the Software (including copies of any and all storage media) and the Documentation and shall provide Genemation, if so requested, with written confirmation thereof. This obligation applies to all copies in any format or media whatsoever and whether partial or complete or merged into other software or materials or media.
10.4.         Subject to the terms of this Licence, any termination of this Licence (howsoever arising) or expiry of this Licence shall not affect any accrued rights or liabilities of either party nor any other rights of the terminating party in relation to the matter in giving rise to the termination nor shall it affect the coming into force or the continuance in force of any provisions of this Licence which are expressly intended to or by reasonable interpretation intended to come into or to continue in force on or after such termination or expiry which shall include clauses 5 to 8 and 10 to 12.

11.         GENERAL PROVISIONS
11.1.        The parties shall agree the terms of any announcements relating to this Licence in writing.
11.2.        If any part of this Licence is found void and unenforceable, it will not alter the validity of the remainder of the Licence, which shall remain valid and enforceable according to its terms. The parties shall meet and discuss in good faith the void and unenforceable provisions and shall substitute therefor a lawful and enforceable provision which so far as possible results in the same economic and commercial effects.
11.3.         This Licence represents the entire understanding between the parties and shall supersede any and all previous discussions, correspondence, understandings and communications (whether written or oral) between the parties with respect to its subject matter, provided that the terms of any non-disclosure agreement signed between the parties shall continue to apply to the extent not conflicting with the terms of this Licence.
11.4.         This Licence may not be amended, varied, supplemented or otherwise modified except by an instrument in writing signed by all the parties.
11.5.         The benefits and obligations of each party under this Licence are personal and no party may assign, charge, transfer, sublicense or otherwise delegate all or any part of its benefits, rights or obligations hereunder without the prior written consent of the other party hereto save, in the case of Genemation, to any Associated Company.
11.6.         Should You have any questions about this Licence, or if You desire to contact Genemation for any reason, please e-mail support@genemation.com or write to Genemation Customer Support, Manchester Incubator Building, Grafton Street, Manchester, M13 9XX.
11.7.         Genemation shall not be liable to You for any failure to perform or delay in performance of its obligations hereunder caused by any circumstances beyond its reasonable control including without limitation inaccessibility of the Internet, government action, war, act of God, all types of industrial disputes, lock-outs and strikes whether of its own employees or those of any third party.
11.8.        There shall be no waiver of any term, provision, or condition of this Licence unless such waiver is evidenced in writing and signed by the waiving party. No omission or delay on the part of any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or of any other right, power or privilege. The rights and remedies herein provided are cumulative with and not exclusive of any rights or remedies.
11.9.                The parties do not intend any provision of the Contract to be for the benefit of or enforceable by any third party under The Contracts (Rights of Third Parties Act) 1999 or otherwise except for by any licensors of Genemation.

12.         LAW
12.1.         This Licence shall be construed in accordance with and governed by English Law, and each party agrees to submit to the exclusive jurisdiction of the English Courts.
12.2        Nothing in this Licence shall prevent Genemation from taking equitable, injunctive or similar proceedings to enforce any of the obligations herein.


13.        DEFINITIONS
In this Licence unless the context otherwise requires: -

'Associated Company'        means a company which is in the same group as Genemation where 'group' means Genemation and its direct and indirect holding companies and subsidiaries, and any of their direct and indirect subsidiaries as defined in Section 736 et seq of the Companies Act 1985;
'Confidential Information' means trade secrets and non-public information including (but not limited to) financial, technical, operational, commercial, staff, management and other information, data, experience and know-how, customer and supplier information and databases, business strategies, business plans, internal systems, concepts, test results and software etc. However, Confidential information shall not include any information (i) which is public knowledge or which subsequently becomes public knowledge other than by any act or failure to act by the recipient party; (ii) which is already known to the recipient party (as evidenced by its written records) at the time when the parties first started discussions regarding the subject matter of this Licence prior to this Licence being signed by the parties and was not acquired directly or indirectly from the other party or is not otherwise subject to an obligation of confidentiality; (iii) which is acquired by the recipient party from any third party who did not acquire such information directly or indirectly from the other party in breach of any obligation of confidence; or (iv) which is independently developed by, or for the recipient party by a third party, without access to the Confidential Information;
'Documentation'        means the related documentation, instructions and reference materials supplied with the Software on whatever media;
'Intellectual Property Rights' means, patents, copyright, tradenames, logos, brandnames, trademarks, design rights, database rights, know-how, moral rights and all similar and neighbouring rights in each case arising anywhere in the world, whether registered or unregistered, existing at any time now or in the future and including all applications, renewals, extensions and reversions for or of any of the foregoing;
'Key'        means a security device in physical or electronic format which is either integrated into the Software or is an external device and which enables the Software to be accessed and used by You as permitted by this Licence and a Key may comprise a number of renewable security devices;
'Output'        means any product or any other materials or output created and developed by You using the Software in accordance with the terms of this Licence;
'Service Pack'         means a patch which fixes a particular bug or bugs or a new version of the Software that contains only bug fixes and no extra features and which is therefore not an Update and if any Service Pack is provided by Genemation to You pursuant to this Licence all references in this Licence to 'Software' shall be deemed to include and apply equally to such Service Packs;
'Software'        means the object code of the version of GenCrowd current as at the date of Your purchase, in the format provided to You hereunder which shall include supporting files, data and any Service Packs and Updates that may be licensed by Genemation to You from time to time but excluding any Upgrades which shall be licensed separately;
'Update'        means a new release of the Software represented by an increase in the version number to the right of the decimal point and generally containing corrected errors, fixed bugs, minor improvements, minor architectural changes or minor new features and/or functionality to the Software and if any Update is provided by Genemation to You pursuant to this Licence all references in this Licence to 'Software' shall be deemed to include and apply equally to such Updates;
'Upgrade'        means a new release of the Software represented by an increase in the number to the left of the decimal point and generally containing major improvements, major architectural changes or major new features and/or functionality to the Software which shall be governed by a separate agreement between the parties.
Included Formats
Application
Other Files
licence_key_guide.pdf
Licensing Instructions
IMPORTANT_GenCrowdInformation.txt
Temporary Licensing Information
Specifications
Product ID:339603
Published:
Operating System:Other ( See Notes )
Software Source Code Included:No
Artist
TurboSquid Member Since August 2006
Currently sells 2 products
Achievements:
Unrated
Product Rating
Categories
Description
GenCrowd 3D v2.0™ heads are:

Copyright free. Generated by age, gender and ethnicity. Animatable, using GenCrowd’s morph targets or bone rig. Exportable in a variety of file formats, mesh resolutions and texture sizes.

So, if you need to populate your stadium or street scene in Tokyo, London, Los Angeles or Bombay and time, money or resources are tight let GenCrowd 3D help you or your artists lighten the production load.

GenCrowd 3D info:

GenCrowd 3D allows any number of unique 3D heads to be generated easily and quickly. You can set the number of heads you wish to generate in a given window. Individually generated heads can viewed 360º at different mesh resolutions. Heads can be mixed to produce sub group of 'related' heads. If you’re looking to create a particular head, GenCrowd enables you to change the ethinicity, age or gender. If you want to generate a crowd of heads with certain characteristics, GenCrowd 3D enables that.

Whether you want your heads to smile or frown, GenCrowd allows a variety of morph targets (expressions and phonemes) to be added to each head. You can mix expressions, phonemes and other traits to produce truely unique characters. Morph targets can be applied to large numbers of selected heads with a couple of keys strokes.

Animation: to speed this up in your animation package the heads are exported with a 'bone rig' and animation sequence, which cycles through sample expressions and visemes. Bump and specular maps can be created and exported. Once you have created your desired head or group, you can then save them as .OBJ Maya Binary (.MB)VRML .FBX & DotXSI

The supplied mesh is a high quality quad mesh (which enables easy subdivision, in ZBrush for example). There are 4 export mesh resolutions: 1, 2, 5 and 9k. All of these mesh resolutions come complete with a bone rig for animation.

'The software is very easy to use and generates a lot of meshes with good variation in a short time frame. Without referring to any of the help files I was able to figure out the basics of the software very quickly and was very impressed with the functionality. The option to view the bones which are driving the target shapes felt pretty good and give the software a more professional feel compared to other products.
All in all, I was very impressed with the software, and feel it would add value to studios needing to generate lots of generic characters in a short time frame.

The ability to group characters into sets seems pretty good and would be useful for studios working on MMORPG’s or large military-style shooter titles'

Lee Montgomery, artist/animator, Rockstar North 2001>2005

Windows System Requirements:
Windows 2000/XP
2.0GHz P4 or equivalent
512MB RAM
250MB disk space

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