End user agreement for iStudio Publisher
This agreement is being presented here for informational purposes. It is, in no way, intended as a replacement for the Software License Agreement that accompanies each individual software release.
iStudio Publisher Software License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE AGREEMENT") CAREFULLY BEFORE USING THE SOFTWARE. This License Agreement sets forth the terms and conditions under which you may use the Software. BY CLICKING ON THE "ACCEPT" BUTTON YOU AGREE TO ACCEPT THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT ISTUDIO SOFTWARE IS UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU MUST DISCONTINUE INSTALLATION OF THE SOFTWARE NOW BY CLICKING ON THE "REJECT" BUTTON.
Some third party materials included in the Software may be subject to other terms and conditions included in a separate license agreement or materials which accompany such Software.
If you have questions or concerns about this License Agreement, please email us at email@example.com.
The following definitions are applicable to this License Agreement:
“iStudio Software” means the entity granting you the license to use the Software under the terms and conditions of this License Agreement. iStudio Software refers to iStudio Software Limited, 1 Princes Court, Royal Way, Loughborough, Leicestershire, LE11 5XR, United Kingdom;
“Software” refers to the software application iStudio Publisher and all other materials, including Updates, supplements, documentation and Digital Content, regardless of the product media on which they are supplied and whether received at the same time as this License Agreement or thereafter;
“Digital Content” refers to all templates, clipart and photographic images that may be supplied with the Software and which are either owned by iStudio Software or licensed to iStudio Software from a third party;
"Updates" means upgrades, updates to [and new versions and new releases for] the Software that may be distributed to you from time to time; and
“you”, "your" or similar expressions refer to an individual or single entity who is entering into this License Agreement as a licensee and who is either evaluating a trial version of the Software, or who has purchased a full version the Software.
2 Grant of License
2.1 General. The terms and conditions of this sub-section apply to all license types identified below. You are granted a non-exclusive, non-transferable license to use the Software subject to the restrictions and terms set forth in this License Agreement. You may install the Software on a local hard drive or on any internal networked drive that does NOT include portions of the Internet or any other network community open to the public.
When you purchase a License you may receive a License Activation Code to be used in an Internet based license activation process, as detailed below at Section 5 (License Activation). NOTE: A License Activation Code may be referred to elsewhere as a serial or license code, key, or number.
2.2 Trial License. A Trial License allows you to install and use one (1) copy of the Software on a single computer for the purpose of evaluating the Software. In order to receive a Trial License you will be asked to complete an Internet based trial registration, which will involve providing your email address and a small amount of other information. Your Trial License will expire thirty (30) days after the date of your trial registration.
2.3 Single Computer License. A Single Computer License allows you to install and use one (1) copy of the Software on a single computer at a time. This includes a single computer that is shared by several users. If you change your computer, you will be able to move your Single Computer License to your new computer.
2.4 Personal 2-Pack License. A Personal 2-Pack License includes two Single Computer Licenses, but with added restrictions. It allows you to install one (1) copy of the Software on up to a maximum of two (2) computers at a time. The second copy of the Software is for your own exclusive use only and must be installed on either a portable computer or a computer located at your home and must not be used at the same time as the first copy of the Software. If you change your computer(s), you will be able to move your Personal 2-Pack License(s) to your new computer(s).
2.5 Family 3-Pack License. A Family 3-Pack License includes three Single Computer Licenses, but with added restrictions. It allows you to install and use one (1) copy of the Software on up to a maximum of three (3) computers at a time, as long as those computers are located in the same household and used by persons who occupy that same household. "Household" means a person or persons sharing the same housing unit such as a home, apartment, condominium or mobile home. A Family 3-Pack License does not extend to students who reside at a separate on-campus location or to business or commercial users. If you change your computer(s), you will be able to move your Family 3-Pack License(s) to your new computer(s).
2.6 Education Single Computer License. In order to use the Software under an Education License you must satisfy iStudio Software’s eligibility requirements. “Eligible Educational Users” means students, faculty, staff and administration attending and/or working at an educational institutional facility including state, public or private school, college or university. Please email us at firstname.lastname@example.org to learn if you qualify and to find out more.
2.7 Non-Profit Organization Single Computer License. In order to use the Software under a Non-Profit Organization License you must satisfy iStudio Software’s eligibility requirements. “Eligible Non-Profit Organization Users” includes charitable organizations, churches and other theological organizations, and voluntary associations. Please email us at email@example.com to learn if you qualify and to find out more.
2.8 Network Based Multi-User License. A Network Based Multi-User License allows you to install and use one (1) copy of the Software on up to a maximum number of different computers at a time as is equal to the “number of users” or “number of user seats” provided by the Network Based Multi-User License.
The only right granted to you is the right to use the Software in accordance with this License Agreement. The Software is licensed not sold. The Software is protected by copyright and by other intellectual property laws and treaties. iStudio Software and its licensors own the title, copyright, and other intellectual property rights in the Software. All rights not expressly granted to you in this License Agreement are specifically reserved to iStudio Software. You do not receive or acquire any right, title, or interest to the Software, or to any applicable patents, trademarks, copyrights, or trade secrets. You may not remove or alter any proprietary notices, labels, or trademarks on the Software. You may not modify, translate, copy, reproduce, reverse engineer, disassemble, decompile, decrypt or otherwise derive source code from the Software, any portion thereof, or use it as a basis for the preparation of other Software applications or derivative works, or use it in any manner that infringes the intellectual property or other rights of iStudio Software or any other party. You may not transfer, assign, sell, supply, resell, sublicense, rent, lease, lend, make available or grant any rights in the Software in any form to any other person without the prior written consent of iStudio Software and unless you agree to also comply with such procedures as iStudio Software requires.
4 Guidelines for the Use of Digital Content
All rights to the Digital Content not expressly granted to you in this License Agreement are reserved to iStudio Software and/or its licensors. You are hereby licensed to use, modify, and publish the Digital Content upon the terms of this License Agreement. You may, subject to any restrictions set out below, incorporate any Digital Content into your own original work and publish, display, and distribute that work in any media. You may not transfer, assign, sell, supply, resell, sublicense, rent, lease or lend the Digital Content, or a copy thereof, to another person or legal entity, or otherwise make available the Digital Content for use or distribution separately or detached from an original work created by you. For example, the Digital Content may be used as part of a 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. Your clients may be provided with copies of the Digital Content (including digital files) as an integral part of an original work product created by you, but may not be provided with the Digital Content or permitted to use the Digital Content separately or as part of any other product. You may not use the Digital Content in electronic format, on-line, or in multimedia applications unless (a) the Digital Content is incorporated for viewing purposes only and (b) no permission is given to download and/or save the Digital Content for any reason. You may not use or permit the use of the Digital Content or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Digital Content or any part thereof. You may not create obscene, immoral, defamatory, or scandalous works using the Digital Content nor use the Digital Content for any purpose prohibited by law. In no event shall iStudio Software be liable for your use or the results of any of your use of the Digital Content transferred to you. You agree to indemnify and hold harmless iStudio Software for any loss, claim, damage, or liability, of whatsoever kind or nature, which may arise from, or in connection with this License Agreement or your use, handling or storage of the Digital Content.
5 License Activation
This product may contain license activation technology that is designed to prevent unlicensed or illegal use of the Software. You acknowledge that license activation technology utilizes a secured communications link across the Internet between your computer and a licensing activation computer, which is managed by iStudio Software or iStudio Software’s authorized representative ("Licensing Server"). Communication with the Licensing Activation Server occurs only when you request a licensing operation and does not occur at any other time. Your privacy is maintained at all times.
6 Consolidation of Licenses
Consolidation of multiple Single Computer Licenses, multiple Network Based Multi-User Licenses, or a combination of both under one consolidated Network Based Multi-User License may be possible under certain circumstances and at iStudio Software’s sole discretion. Consolidated licenses are subject to the restrictions on Network Based Multi-User Licenses contained herein. Your right to use any Single Computer Licenses or Network Based Multi-User Licenses that have been merged into a consolidated Network Based Multi-User License is terminated, replaced, and superseded by your right to use the new consolidated Network Based Multi-User License.
7 Communication of License Agreement
You agree to communicate the terms and restrictions contained in this License Agreement to all persons under your employment, direction, or control who have access to the Software or accompanying documentation.
8 Unauthorized Use and Compliance
You shall take reasonable efforts to prevent use of the Software by any person or entity other than you. You shall use all reasonable efforts to see that employees, agents, contractors, or other persons under the direction or control of you who have access to the Software abide by the terms and conditions of this License Agreement. You agree to notify iStudio Software immediately in writing of any unauthorized use.
9 Limited Warranty
iStudio Software warrants that the product media will be free from defects for 90 days after purchase of the Software. The sole and exclusive remedy for a defect in the product media is for you to notify iStudio Software of the defect in writing within the respective warranty period, to return the product media to iStudio Software or to a iStudio Software authorized representative together with proof of purchase, and follow any other reasonable procedures that iStudio Software may establish. iStudio Software’s sole obligation shall be to provide you with a performing copy of the product media within a reasonable time after receiving notification of the defect or to refund the purchase price and terminate this License Agreement, at iStudio Software’s option. The foregoing warranty does not apply if you mishandle, alter, or improperly use or store the product media.
10 Disclaimer of Other Warranties
THE LIMITED WARRANTY SET FORTH IN SECTION 9 IS IN LIEU OF ANY OTHER WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING ANY WARRANTIES OR CONDITIONS PROVIDED BY DISTRIBUTORS OR RETAILERS OF THE SOFTWARE. EXCEPT AS SET FORTH IN SECTION 9,THE SOFTWARE IS PROVIDED “AS IS” WITH ALL FAULTS. ALL OTHER WARRANTIES AND CONDITIONS WHETHER EXPRESS, IMPLIED, STATUTORY, OR COLLATERAL, ARE DISCLAIMED (TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE), INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, COMPATIBILITY, CONDITION OF TITLE, CORRESPONDENCE TO DESIRED DESCRIPTION, THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE UNINTERRUPTED, OR THAT ERRORS CAN OR WILL BE CORRECTED. IF AN IMPLIED WARRANTY OR CONDITION IS CREATED BY LAW, AND LAW PROHIBITS DISCLAIMER OF IT, YOU ALSO HAVE AN IMPLIED WARRANTY OR CONDITION, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THE LIMITED WARRANTY (90 DAYS) IN SECTION 9. AS TO DEFECTS DISCOVERED AFTER THE 90 DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. CFOUR AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY, AVAILABILITY, OR THAT THE SOFTWARE WILL BE UPDATED OR UPGRADED, OR ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES (IF ANY), INFORMATION, SOFTWARE AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE. Some jurisdictions, states, or provinces do not allow limitations on implied warranties, so the above limitation may not apply to you. References to iStudio Software in the foregoing Section shall include iStudio Software affiliates. The provisions of Sections 10 and 11 will survive the termination of this License Agreement, howsoever caused, but this will not imply or create any continued right to use the Software after termination of this License Agreement.
11 Exclusion of Damages / Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL CFOUR OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST TIME, LOST SAVINGS, LOST DATA, LOST CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY, INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, LOST FEES, OR EXPENSES OF ANY KIND AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE INSTALLATION, USE OF OR INABILITY TO USE THE SOFTWARE, THE ACCOMPANYING DOCUMENTATION, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES (IF ANY) IN ANY MANNER, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. In any event, iStudio Software’s liability relating to the Software shall be limited to the money paid for the Software. These limitations will apply even if iStudio Software or an authorized dealer has been advised of such possible damages. Some jurisdictions, states, or provinces do not allow the exclusion or limitation of incidental or consequential damages, so the limitation or exclusion included in this License Agreement may not apply to you. Nothing in this License Agreement shall exclude or in any way limit iStudio Software’s liability to you for fraud, or for death and personal injury caused by our negligence, or any other liability to the extent that it cannot be excluded or limited as a matter of law. References to iStudio Software in the foregoing Section shall include iStudio Software affiliates.
12 Software Updates
At iStudio Software’s sole discretion, iStudio Software may provide you with Updates to the Software. iStudio Software retains the right to provide such Updates for a fee. In order to install and use an Update, you must have a License from iStudio Software to use the previous version. Upon installation of an Update, you acknowledge that an Update may completely replace a previously licensed version of the Software, thus removing your ability to run that previous version. If the installation of an Update leaves the previous version still able to run, then you may continue to use the previous version provided that the Update and the previous version are installed on the same computers. Upon installation of the Update, you must not transfer the previous version to a different computer or to a third party. Unless iStudio Software provides other terms and conditions with an Update, the terms and conditions of this License Agreement shall continue to apply. You have no obligation to accept an Update, however, upon release of an Update, iStudio Software will have no further obligation to support the previous version. If you are running a trial version of the Software as part of a iStudio Software Beta Testing Program, then you agree that iStudio Software may choose to include a facility in the Software to check for and install any new Updates automatically on application launch, and which you will be obliged to accept in order to run the application.
13 User Responsibility
You are solely responsible for selection of the Software and components to achieve their intended results or for particular applications and systems. iStudio Software is not responsible for lost or stolen Software and License Activation Codes.
IMPORTANT NOTE: This Software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. You agree to indemnify and hold harmless iStudio Software for any loss, claim, damage, or liability, of whatsoever kind or nature, which may arise from, or in connection with this License or materials you reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.
This License Agreement is intended to be interpreted in such a manner as to render it enforceable. In the event that any court, arbitration panel, or other competent authority determines that any provision of this License Agreement is not enforceable, such provision may be modified or limited in its effect to the extent necessary to cause it to be enforceable. If any provision cannot be so modified or limited, then such provision shall be severed, and the remainder of this License Agreement shall remain in full force and effect.
15 Governing Law
This License Agreement shall be governed by and interpreted in accordance with English law and not by the 1980 United Nations Convention on Contracts for the International Sale of Goods. Any translation of this License Agreement into any other languages shall be for convenience of reference only. If a dispute arises as to the meaning/translation of any term of this License Agreement, the interpretation of the English version shall prevail. The parties agree to submit to the exclusive jurisdiction of the English Courts.
16 Entire License Agreement
This License Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior representations, warranties, conditions, agreements, and understandings, whether oral or written, express or implied, relating to this License Agreement. To the extent the terms of any iStudio Software policies or programs conflict with the terms of this License Agreement, the terms of this License Agreement shall prevail. No supplement, modification, or waiver of this License Agreement shall be effective unless it is provided or approved by iStudio Software in writing.
The waiver of, or failure to enforce, any breach or default by either party hereunder shall not constitute the waiver of any other or subsequent or continuing breach or default.
18 Compliance with Licenses
If you are a business or organization, you agree that upon request from iStudio Software or iStudio Software’s authorized representative, you will within thirty (30) days fully document and certify that use of the Software at the time of the request was in conformity with your valid licenses from iStudio Software.
You may terminate this License Agreement at any time. iStudio Software may terminate this License Agreement if you fail to comply with the terms and conditions of this License Agreement. In either event all Licenses granted under this License Agreement shall end immediately and you must destroy all copies of the Software.
Version 6, last updated 17 October 2012.