END-USER LICENSE AGREEMENT FOR SOFTWARE DISTRIBUTED BY K. BRADLEY WASHBURN ART & DESIGN
IMPORTANT-PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE PURCHASING OR INSTALLING ANY SOFTWARE CREATED BY OR DISTRIBUTED THROUGH K. BRADLEY WASHBURN ART & DESIGN. This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and K. Bradley Washburn Art & Design (“KBW Design”) for the installation and use of the software you have selected to license (“THE SOFTWARE”). As used in this agreement, KBW Design refers collectively to K. Bradley Washburn Art & Design, its predecessor, Artistic Imposter Design, its successors and assigns, its affiliated companies, its authorized distributors and resellers, and any third party which has licensed to KBW Design any or all of the intellectual property rights associated with THE SOFTWARE.
THE SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This EULA is not a contract for sale of THE SOFTWARE, but a license to use THE SOFTWARE subject to the terms and conditions of this EULA. By purchasing, installing, copying, or otherwise using THE SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not purchase or install THE SOFTWARE.
1. GRANT OF LICENSE.
THE SOFTWARE is licensed as follows:
(a) Installation and Use.
Upon payment of the nonrefundable license fee, KBW Design grants you a nonexclusive, nontransferable, limited right to install and use copies of THE SOFTWARE on one (1) licensed computer. If THE SOFTWARE is an ebook, it may also be installed on up to three (3) mobile devices, provided only one (1) copy of the software is in use at any time. If THE SOFTWARE is computer or cell phone wallpaper, you may install THE SOFTWARE on an unlimited number of devices, provided you are the primary user of each device. You may install THE SOFTWARE on a file server for use on a local area network, provided that a license has been obtained for each computer that will access THE SOFTWARE on the network. You may not install THE SOFTWARE on a file server that can be accessed via the Internet or other external network system.
(b) Embedding Restrictions.
If THE SOFTWARE is a font or typeface, you may embed THE SOFTWARE into electronic documents for use on computers that are NOT licensed computers, provided the electronic documents are distributed in a secure format that allows only printing and viewing, and prohibits editing, selecting, enhancing or modifying the text. If you are unable to limit access in the document to “view and print” only, the electronic document may not be used on computers that are NOT licensed computers. Without the purchase of an additional license, you may NOT otherwise embed THE SOFTWARE.
(c) Backup Copies.
You may also make copies of THE SOFTWARE as may be necessary for backup and archival purposes. All permitted copies must contain the exact copyright, trademark and other proprietary notices that appear on and/or in THE SOFTWARE.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of THE SOFTWARE.
(b) Distribution.
You may not distribute copies of THE SOFTWARE to third parties. Evaluation versions available for download from KBW Design’s Web sites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble THE SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(d) Rental.
You may not rent, lease, or lend THE SOFTWARE.
(e) Support Services.
KBW Design may provide you with support services related to THE SOFTWARE (“Support Services”). Any supplemental software or code provided to you as part of the Support Services shall be considered part of THE SOFTWARE and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of THE SOFTWARE.
3. TERMINATION.
Without prejudice to any other rights, KBW Design may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such an event, you must destroy all copies of THE SOFTWARE in your possession.
4. COPYRIGHT.
All title, including but not limited to copyrights, in and to THE SOFTWARE and any copies thereof are owned by KBW Design or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of THE SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by KBW Design.
5. NO WARRANTIES.
KBW Design expressly disclaims any warranty for THE SOFTWARE. THE SOFTWARE is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. KBW Design does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within THE SOFTWARE. KBW Design makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. KBW Design further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY.
In no event shall KBW Design be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of ‘Authorized Users’ use of or inability to use THE SOFTWARE, even if KBW Design has been advised of the possibility of such damages. In no event will KBW Design be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. KBW Design shall have no liability with respect to the content of THE SOFTWARE or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
7. MISCELLANEOUS.
If you acquired THE SOFTWARE in the United States, this EULA is governed by the laws of the State of Utah. If this product was acquired outside the United States, then local laws may apply.