End user agreement for My Photo Cards
Digilabs Inc. Software Licensing Agreement By using or installing this software product, My Photo Calendars, created by Digilabs, Inc. (hereafter referred to as "Software"), you are agreeing to be bound by the terms and conditions of this License Agreement. “You” shall mean any individual or entity using or installing the Software (hereafter referred to as "“Licensee”) This License Agreement constitutes the complete agreement between you and Digilabs Inc. If you do not agree to the terms and conditions of the Agreement, discontinue use of the Software immediately. This Agreement is the complete statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This software may be used to create an unlimited number of calendars or cards in a form of files of printed pages subject to the term of this agreement. The License a) In condition that the license fee was paid in full, Digilabs Inc. grants to the Licensee, a non-exclusive, nontransferable, right to use the Software in accordance with the license purchased. b) The "Non Commercial Version" license hereby grants a Single User License. This Software may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation used non simultaneously by multiple people, but not both. The use of the software is for creating calendars or cards that are for private and internal business use only. c) You may not make access to the Software available to others in connection with a service bureau, application service provider, or similar business, d) The "Commercial version" license hereby grants a license to up to 5 users or computer systems. It covers the use of the software for creating calendars or cards that are sold, or exchanged for services, to third parties. It does not allow the duplication, distribution or selling of the software itself. d.1) The duplication or distribution of the software to third parties requires a special license that is not covered by the above "Commercial version" license and may not be done without a prior written consent from Digilabs Inc. in case of such use you agree to pay Digilabs an annual Licensing fee equal to $5000 or 10% of revenue generated using the software the highest of the two. e) All rights of any kind in the Software which are not expressly granted in this License are entirely and exclusively reserved to and by Digilabs Inc. f) You may not loan, rent, lease, modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software g) You may not copy, sublicense, distribute or otherwise transfer all or any portion of the Software to third parties LIMITED WARRANTY AND LIMITATION OF LIABILITY THIS SOFTWARE, AND ALL ACCOMPANYING FILES, DATA AND MATERIALS, ARE "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. The user must assume the entire risk of using the program. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. ANY LIABILITY OF DIGILABS INC WILL BE LIMITED EXCLUSIVELY TO REFUND OF PURCHASE PRICE. IN ADDITION, IN NO EVENT SHALL DIGILABS INC, OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF THE SOFTWARE. Licensee warrants COPYRIGHT LAWS OF THE UNITED STATES GOVERNS THE MAKING OF COPIES OR OTHER REPRODUCTIONS OF COPYRIGHTED MATERIAL. THE UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF SUCH COPYRIGHTED MATERIAL IS ILLEGAL. The Licensee warrants that the subject matter to be printed or published using the Software is done with full compliance of copy right law, and agrees to indemnify and hold Digilabs harmless for all liability, damages, and attorney fees that may be incurred in any legal action connected with the above This product contain numerous clipart and photo images (collectively referred to as the “Images”) which are either owned by JupiterImages Corporation or licensed from a third-party. As a user of this product you are free to use, modify and publish the Images as you wish subject to the restrictions set out below. If you are uncertain as to whether your intended use is in compliance with the Guidelines set out below, we recommend that you seek the advice of your own attorney or legal counsel. JupiterImages Corporation will not provide you with an opinion as to whether your use is in compliance with these Guidelines. A. YOU MAY, subject to any restrictions set out below: 1. incorporate any Image(s) into your own original work and publish, display and distribute your work in any media provided you include a copyright notice in any electronic or digital work reflecting on the copyright ownership of both you, JupiterImages Corporation and its licensors as follows: "Copyright © 20__ [your name] and its licensors. All rights reserved." You may not, however, resell, sublicense or otherwise make available the Image(s) for use or distribution separately or detached from a product or Web page. For example, the Image(s) may be used as part of a Web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by others. Similarly, clients may be provided with copies of the Image(s) (including digital files) as an integral part of a work product, but may not be provided with the Image(s) or permitted to use the Image(s) separately or as part of any other product; 2. make one (1) copy of the Image(s) for backup or archival purposes. B. YOU MAY NOT 1. create scandalous, obscene, defamatory or immoral works using the Image(s) nor use the Image(s) for any other purpose which is prohibited by law; 2. use or permit the use of the Image(s) or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Image(s) or any part thereof; 3. use the Image(s) in electronic format, on-line or in multimedia applications unless the Image(s) are incorporated for viewing purposes only and no permission is given to download and/or save the Image(s) for any reason. 4. rent, lease, sublicense or lend the Image(s), or a copy thereof, to another person or legal entity. You may, however, transfer all your license to use the Image(s) to another person or legal entity, provided that (i) you transfer the Image(s) and this License, including all copies (except copies incorporated into your work product as permitted under this License), to such person or entity, (ii) that you retain no copies, including copies stored on a computer or other storage device, and (iii) the receiving party agrees to be bound by the terms and conditions of this License; 5. use any Image(s) except as expressly permitted by this License. 6. use the Image(s) related to identifiable individuals, products or entities for any commercial purpose or in a manner which suggests their association with or endorsement of any product or service.