Can I use this character commercially?

[Telemacus]

I'm wondering wether I can use some of the characters available in AS11 commercially (to be precise, I'd be using Rachel's character to do the intros for a video course I'm currently working on). The thing is, this character is a cartoons solutions character, but it's available in the import section of AS11 (and I believe this has been so since version 8).
Unlike other characters from AS partners available in the program, this one doesn't have a copyright notice, so I'm just wondering?

[synthsin75]

Well this is what their licensing agreement says (from their product page):

Grant of Rights:
2. Licensee has the non-exclusive, non-transferable, non-sublicensable right to reproduce the Licensed Material an unlimited number of times in any and all media, including entertainment, advertising and promotional materials, television, movies, and video exhibitions, print publications, physical products, electronic publications including web design, and any other uses approved in writing by Cartoon Solutions.

3. Licensee may alter, crop, manipulate, and create derivative works of the Licensed Material.

[funksmaname]

2. Licensee has the non-exclusive, non-transferable, non-sublicensable right to reproduce the Licensed Material an unlimited number of times in any and all media, including entertainment, advertising and promotional materials, television, movies, and video exhibitions, print publications, physical products, electronic publications including web design, and any other uses approved in writing by Cartoon Solutions.

I'm no lawyer, but this is somewhat ambiguous, given the very last sentance.
It sounds like it's giving you permission to, but if so it should have been:

...publications including web design. Any other uses must be approved in writing by Cartoon Solutions.

As is, as part of the comma separated list of uses this reads, to me, as 'you can use this in any way approved in writing by Cartoon Solutions.'

Although I think the intention may have been to grant you rights?? perhaps someone at SM should weigh in here.

[Telemacus]

Thanks for your replies, guys.

I'd be happy with what the license says at the cartoon solutions site, but I'm not so sure if the terms are the same for the "AS version".

[jahnocli]

Get in touch with Cartoon Solutions. I've contacted him in the past -- he's a reasonable guy.

[Telemacus]

Thanks for your suggestion Jahnocli, I'll try that as well. (I've actually purchased a few things from them, just no this one, as it's already in the As program)

[Telemacus]

Here's the reply from Ryan Simmons from Cartoon Solutions:

"As long as the actual Rachel_AS file that you download is not being redistributed, but is in a format that is not accessible to the user, then that is an OK use."

And here's the reply from John Csaky | Customer/Tech Support at Smith Micro.

"Thank you for contacting Support. Please consult the EULA. You retain all rights for Rendered Animations from Anime Studio. You can use the Rendered Images in any commercial or non commercial presentation of the Rendered work."

Perfectly clear now.

[jahnocli]

Go for it!