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Poser - OFFICIAL F.A.Q (Last Updated: 2025 Jan 24 6:22 pm)
Attached Link: https://www.viewpoint.com/registration/register.jsp
Ah I see. I checked it out on their site too. Here's the URL to request a key: https://www.viewpoint.com/registration/register.jsp The key is free for hobbyists (6months) -JeffI ran some tests with your Clownfish and Wolf and the results are pretty impressive. Using a dial-up line, after the plug-in is installed, the animations run very quickly on a 56K modem. I also tried it on an older P-I and it was really god-awfull slow. But assuming people use a P-II or P-III, or Mac G3, G4 for web-surfing, this could be a really useful form of attention-getting website graphics- better than banner-ad gifs and even faster than Flash animations- which still take a LONG TIME to load even using a high-speed connection... If the usage license isn't expensive, this really could be an interesting and fast method of displaying simple web animations to end-users surfers, as basic eye-candy effects...
Here's what the license page says... Broadcast License Request To display Viewpoint content from a Web site, the site owner must license a broadcast key. Subscription Licenses - Key prices vary based on features purchased and historical unique visitor traffic. Each broadcast key provides unlimited usage for 12 months. Free Licenses Developers, hobbyists, and educational web site publishers can get a free broadcast key good for unlimited usage. Free broadcast keys are valid for six months and can be renewed on an ongoing basis. To apply, please fill out the information requested below. ************************************** The license key sign-up however seems to require you having possession of your own Apache server- assuming they mean admistrative rights on an Apache server with a registered dot.com - some of this sign-up info isn't clear EXACTLY what they mean by granting this license but an email to Viewpoint hopefully can clear this question up...
VIEWPOINT BROADCAST LICENSE AND VIEWPOINT MEDIA PLAYER DISTRIBUTION AGREEMENT This Agreement ("Agreement") is entered into by and between Viewpoint Corporation, a Delaware corporation having a principle place of business at 498 Seventh Avenue, New York, N.Y. 10018 ("Viewpoint") and ("Licensee"). RECITALS Viewpoint provides software which enables Internet users to view in a windowless, integrated environment all major Web media types, including 2D, 3D, vector graphics, panorama, object movies and sound and LICENSEE wishes to broadcast such content on its World Wide Web site and distribute enabling software to end users on the terms and conditions set forth in this Agreement. AGREEMENT For good consideration, which is hereby acknowledged by the Parties, the Parties agree as follows: 1. Definitions. As used in this Agreement: 1.1. "Effective Date" means the date indicated on Exhibit A; 1.2. "End User" means any person or entity that obtains a Viewpoint Media Player for internal purposes only and not for further distribution subject to terms of the End User Agreement; 1.3. "End User License Agreement" means a license agreement which is available at www.xyz.com/ and which may be amended or updated by Viewpoint in its sole discretion from time to time; 1.4. "Licensee Site" means the World Wide Web site(s) identified in Exhibit A hereto; 1.5. "Viewpoint Content" means content in the Viewpoint format that can be viewed with the Viewpoint Media Player; 1.6 "Viewpoint Media Player" means the "Viewpoint" plug-in software in object code format that Viewpoint makes available to End Users for free download at the Viewpoint Site. 1.7 "Viewpoint Site" means the World Wide Web site identified in Exhibit A; and 1.8 "Viewpoint Trademarks" shall mean the Viewpoint trade names, trademarks and logos set forth in Exhibit A; 2. Viewpoint Broadcast License. 2.1. Broadcast License. For the term of this Agreement, as set forth in Exhibit A, LICENSEE has a personal, non-exclusive and nontransferable license to broadcast Viewpoint Content from the LICENSEE Site. 2.2. Broadcast License Fee. LICENSEE shall compensate Viewpoint for the rights granted in Section 2.1 at the rates set forth in Exhibit A hereto (the "Broadcast License Fee"). 2.3. Reservation. Viewpoint hereby reserves all rights not expressly granted herein. 3. Viewpoint Media Player License. 3.1. Distribution of the Viewpoint Media Player. Subject to the terms and conditions of this Agreement, Viewpoint grants LICENSEE, and LICENSEE accepts, a worldwide, non-exclusive, non-transferable license to hyperlink to the Viewpoint Site for the purpose of distributing the Viewpoint Media Player to End Users . LICENSEE acknowledges that Viewpoint requires that End Users provide identification information at the time of downloading the Viewpoint Media Player to End Users. 3.2. No License Fee. The distribution rights granted in Section 3.1 are without fee to the Licensee or End User. 3.3. No Sub-License Fee. LICENSEE acknowledges and agrees that it will not charge a fee to End Users for their download of the Viewpoint Media Player. 3.4. Reservation. LICENSEE shall distribute the Viewpoint Media Player only in the manner expressly provided for in Section 3.1. Viewpoint hereby reserves all rights not expressly granted herein. 4. Promotions and Marketing. The promotion and marketing obligations of the Parties are set forth in Exhibit A hereto. Except as otherwise expressly provided herein, each Party shall solely bear all costs and expenses of performing its obligations hereunder. 5. Trademarks/Trade Names. 5.1. Right to Use Viewpoint's Trademarks. Subject to the other provisions of this Section 5, Viewpoint grants to LICENSEE a non-exclusive right to use the Viewpoint Trademarks during the term of this Agreement for the purpose of promoting the Company Site and distributing Viewpoint Media Player. LICENSEE shall fully comply with any and all guidelines provided by Viewpoint concerning the use of the Viewpoint Trademarks. 5.2. Right to Use LICENSEE Trademarks. Subject to the other provisions of this Section 5, LICENSEE grants to Viewpoint a non-exclusive right to (1) hyperlink to the LICENSEE Site; and (2) use the LICENSEE Trademarks during the term of this Agreement for the purposes of promotion of LICENSEE as a user of the Licensed Program and distributor of the Viewpoint Media Player. LICENSEE grants Viewpoint the right to place, and has placed, on the Viewpoint Site during the term of this Agreement such LICENSEE Trademarks. Viewpoint shall fully comply with any and all guidelines provided by LICENSEE concerning the use of the LICENSEE Trademarks. 5.3. No Other Rights in Other Party's Trademarks. Neither Party shall obtain rights with respect to any of the other Party's trademarks, other than the rights set forth herein. All goodwill arising out of any uses of either Party's trademarks will inure solely to the benefit of the Party owning the trademark. 5.4. Restrictions. Neither Party shall attempt to register or use in any country any trademarks, marks, trade names or logo(s) confusingly similar to those of the other Party. 6. Product Warranties and Disclaimers. 6.1. Limited Warranty. Viewpoint warrants to LICENSEE ("Limited Warranty"), that it will use commercially reasonable efforts to make the Viewpoint Media Player available for free download from the Viewpoint Site during the Term of this Agreement; however, Viewpoint does not warrant its plug-in server reliability or its percentage of up-time. Viewpoint's sole liability and LICENSEE's exclusive remedy for a breach of the Limited Warranty of this Section 6.1 shall be limited to Viewpoint, as soon as reasonably possible, providing a replacement download of the Viewpoint Media Player. 6.2. Disclaimer. VIEWPOINT AND ITS AFFILIATED COMPANIES MAKE NO WARRANTIES, REPRESENTATION OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OTHER THAN THE EXPRESS LIMITED WARRANTIES MADE BY VIEWPOINT IN SECTION 6.1 AND VIEWPOINT AND ITS AFFILIATED COMPANIES HEREBY SPECIFICALLY DISCLAIM ALL OTHER EXPRESS, STATUTORY AND IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITION OF SATISFACTORY QUALITY. EXCEPT AS EXPRESSLY STATED IN THIS SECTION 6, VIEWPOINT MEDIA PLAYER AND ALL TECHNOLOGY, INFORMATION OR SERVICES LICENSE HEREIN ARE LICENSED ON AN "AS IS" and "AS AVAILABLE" BASIS WITHOUT WARRANTY. 6.3. Scope. The Limited Warranty of this Section 6 is by Viewpoint to LICENSEE only and not to any third party. Except to the extent required by law, LICENSEE shall not pass on to any third party a warranty of greater scope or protection than this Limited Warranty to LICENSEE. 6.4. No Exchange of Confidential Information. The parties acknowledge that they have made no disclosure of confidential information beyond the contents of this Agreement. Notwithstanding this section 6.4, in the event either Party anticipates a need for the future disclosure of confidential information, the Parties will enter into an appropriate non-disclosure agreement. 7. Indemnification. 7.1. Indemnity by Viewpoint. Viewpoint will defend or settle, at its sole expense, any action brought against LICENSEE, to the extent based on a third party claim that the Viewpoint Media Player or Viewpoint's Trademarks as used in accordance with the Agreement infringe any third party patent, copyright, trademark, or trade secret; provided that Viewpoint is (i) promptly informed in writing of such claim and action; (ii) given exclusive authority and control to defend or settle such action; and (iii) provided with all reasonable assistance that it requests in connection with such claim and action. Viewpoint shall not be responsible for costs or expenses incurred without its prior written authorization. THIS SECTION 7.1 STATES THE ENTIRE LIABILITY AND OBLIGATION OF VIEWPOINT AND THE EXCLUSIVE REMEDY OF LICENSEE WITH RESPECT TO INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS BY THE VIEWPOINT TRADEMARKS OR THE VIEWPOINT MEDIA PLAYER OR ANY PART THEREOF. 7.2. Indemnification by LICENSEE. LICENSEE will defend or settle, at its sole expense, any action brought against Viewpoint or its affiliate companies, to the extent based on: (i) any unauthorized activities of LICENSEE in connection with the distribution or improper use of the Viewpoint Media Player, or (ii) any representation or warranty made by LICENSEE to End Users that exceeds those provided by Viewpoint in the Viewpoint Media Player End User License Agreement, or (iii) the LICENSEE Trademarks or the LICENSEE Site; provided that LICENSEE is (i) promptly informed in writing of such claim and action; (ii) given exclusive authority and control to defend or settle such action; and (iii) provided with all reasonable assistance that it requests in connection with such claim and action. LICENSEE shall not be responsible for costs or expenses incurred without its prior written authorization. THIS SECTION 7.2 STATES THE ENTIRE LIABILITY AND OBLIGATION OF LICENSEE AND THE EXCLUSIVE REMEDY OF VIEWPOINT WITH RESPECT TO INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS BY THE LICENSEE TRADEMARKS OR THE LICENSEE SITE. 8. Limitation of Liability. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSSES, COSTS OR EXPENSES OF ANY KIND, HOWEVER CAUSED ON ANY THEORY OF LIABILITY AND WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), INCLUDING BUT NOT LIMITED TO LOST PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF GOODWILL, AND LOSS OF DATA OR SYSTEM USE, REGARDLESS OF WHETHER SUCH PARTY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL VIEWPOINT'S LIABILITY UNDER THIS AGREEMENT FOR ANY FORM OF ACTION EXCEED THE FEES PAID TO VIEWPOINT UNDER THIS AGREEMENT. 9. Termination. 9.1. Term/Termination. This Agreement shall commence on the Effective Date and continue for the term set forth in Exhibit A. This Agreement may also be terminated immediately for cause by a Party on written notice to the other Party in the event that the other Party: (i) ceases to function as a going concern or to conduct its operations in the normal course of business; or (ii) is in default of its obligations under this Agreement and fails to cure such default within fifteen (15) days after written notice thereof. 9.2. Survival. In the event of termination or cancellation of this Agreement, Sections 1, 6, 7, 8, 9 and 10 shall survive and shall continue to apply in accordance with their terms. 10. Miscellaneous Provisions. 10.1 Independent Contractors. The Parties hereto are independent contractors. Nothing contained herein will constitute either Party the agent of the other Party, or constitute the Parties as partners or joint venturers. 10.2 Modification and Waiver. No modification or waiver of any term or condition of this Agreement will be valid or binding on either Party unless the same is mutually agreed to in writing by both Parties. 10.3 Assignment. LICENSEE may not assign or delegate this Agreement or any licenses, rights or duties under this Agreement, directly or indirectly, by operation of law or otherwise, without the prior written consent of Viewpoint. Subject to the terms of this Section 10.3, this Agreement will inure to the benefit of each Party's successors and assigns. 10.4 Arbitration and Proper Law. This Agreement shall be governed by the law of the state of New York without reference to its conflict of laws principles. Any dispute or claim arising out of or related to this Agreement shall be finally settled by binding arbitration in New York City, New York, under the American Arbitration Association Commercial Arbitration Rules by one arbitrator appointed in accordance with the AAA Rules. 10.5 Notices. Any notice required or permitted to be given by either Party under this Agreement will be in writing and personally delivered or sent by next business day commercial courier service (e.g., Federal Express) to the other Party at its address(es) as shown in the Term Sheet. 10.6 Force Majeure. Notwithstanding anything else in this Agreement, nonperformance on the part of either Party shall not be considered a breach of this Agreement if such nonperformance is shown to be due to causes beyond reasonable control of the non-performing Party and such Party will perform its obligations under this Agreement as soon as reasonably possible under the circumstances. 10.7 Severability. If, for any reason, a court or other body of competent jurisdiction finds, or the Parties mutually believe, any provision of this Agreement, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the remainder of this Agreement will continue in full force and effect. 10.8 Compliance with Laws. Each Party shall comply with all laws, regulations, orders and other governmental requirements in performing obligations and exercising rights under this Agreement, including without limitation, all applicable export regulations. 10.9 Entire Agreement. This Agreement, including the Exhibits attached hereto, sets forth the entire agreement and understanding of the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements relating thereto, written or oral, between the Parties. IN WITNESS WHEREOF, the parties hereto have caused their respective authorized representatives to execute and enter into this agreement. COMPANY VIEWPOINT CORPORATION By___________________________ By_________________________ Name___________________________ Name_________________________ Title___________________________ Title_________________________ EXHIBIT A Capitalized terms used but not defined in this Exhibit A have the meanings assigned to such terms in the Agreement. 1. Effective Date/Term. The "Effective Date" of this Agreement is Sat Mar 03 22:04:10 EST 2001, and the term of this Agreement shall commence on the Effective Date and end six months from the Effective Date. 2. Web Sites. "LICENSEE Site" means the World Wide Web Site maintained and controlled by LICENSEE which is located at www.xyz.com/. Any change in the URL designation for LICENSEE shall be expressly provided in an amendment to this Agreement. "Viewpoint Site" by Viewpoint, which is located at www.viewpoint.com. Any change in the URL designation for Viewpoint shall be expressly provided in an amendment to this Agreement. 3. Broadcast License Fee. For the license granted to the LICENSEE in Section 2.1 of this Agreement Exhibit A, the LICENSEE shall, be obligated no further remuneration to Viewpoint. In the event that LICENSEE's site exceeds the threshold for a Free Broadcast License, LICENSEE will apply for a Commercial Broadcast Key and pay the broadcast licensing costs thus incurred. [cj3] 4. Marketing and Promotion. 4.1. LICENSEE Obligations. LICENSEE agrees to market, promote and facilitate distribution of the Viewpoint Media Player as follows: (a) LICENSEE Site. LICENSEE agrees to prominently promote its distribution of the Viewpoint Media Player. Such marketing and promotion will include, without limitation, on the "home" page of the LICENSEE Site the prominent display of the Viewpoint logo, located above the fold (i.e., visible to an end user without scrolling or navigation on a 640 by 480 pixel page), that, when clicked on, hyperlinks directly to the Viewpoint Site from which an End-User may download the Viewpoint Media Player. (b) Print Advertising. To the extent LICENSEE creates and distributes print advertising promoting that the LICENSEE Site allows Internet users to view three dimensional objects or that End Users can download the Viewpoint Media Player, including without limitation print advertising in magazines, flyers, newsletters, and general mailings, LICENSEE will include in such advertising the Viewpoint logo. (c) Additional Obligations. Viewpoint and COMPANY will, from time to time, use reasonable efforts to cooperate in joint marketing efforts. Each party will assign a project manager to act as the primary liaison with respect to the relationship. 4.2. Viewpoint Obligations. Viewpoint agrees to: (a) Partners. Viewpoint will include a hyperlink to the LICENSEE Site within the list of partners on the Viewpoint Site. 4.3 Joint Press Release. In the event that Viewpoint determines to issue a press release regarding the relationship established through this Agreement, LICENSEE will participate with Viewpoint in issuing a joint press release. Each party shall agree on the form and content of such press release and will furnish its written acceptance of, or comments on, the proposed announcement within 48 hours; otherwise such proposed announcement will be deemed approved. Any other announcement by either party regarding this Agreement (other than its existence) will be subject to the other party's approval, which shall not be unreasonably withheld or delayed. 5. Trademarks. 5.1. Viewpoint Trademarks. Viewpoint Viewpoint Logo Viewpoint Media Player Note: You can print this page from "File" menu.
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