Last updated: April 22, 2013
LIMITED NON-EXCLUSIVE TEMPLATE LICENSE
This license agreement (“License”) governs the use of ImagenPictures.com template source code (the “Template”). If an individual (“you”) downloads, runs, installs, or otherwise uses the Template, you accept the terms of this License. If you do not accept these terms, you may not download, install or use the Template, and you must uninstall and permanently delete any copies you have made of the Template.
The “Company” is ImagenPictures.com
The term “ImagenPictures.com Platform” means the products and services currently offered by the Company through ImagenPictures.com.
The “User” is any user of the Template or a Template Work.
“Template Work” means any derivative work based upon the Template.
The terms “reproduce,” “reproduction,” “derivative works,” “distribute,” and “distribution” have the same meaning here as under United States Copyright Act of 1976, as amended.
You, the Users and the Company may be referred to in this License individually as a “party” and collectively as the “parties.”
2. Grant of Rights
Subject to the terms of this License, the Company hereby grants you a personal, non-transferable, revocable, non-exclusive, non-sublicensable limited license to (i) download, copy, modify, and display the Template, (ii) create Template Works, and (iii) distribute the object code versions of Template Works to third party Users.
All rights not expressly granted in this License are reserved by the Company and no licenses are granted by implication or estoppel.
3. Conditions and Limitations
ImagenPictures.com Platform – The Template and any Template Works may only be operated, run, and installed on the ImagenPictures.com Platform, and all Users of the Template and any Template Works must enable the “developer feature” (as set forth in the ImagenPictures.com Platform) as a condition to such Users’ continued use of the Template and any Template Work.
Ownership – This License does not grant you any rights to the Company’s name, logo, or trademarks. As stated in Section 2, you have the right under this License to create and distribute the Template Works to third parties. You own the Template Works you create, but the Company retains all ownership, title and interest in the Template. Use of any Template Work is subject to the restrictions contained in this License. All rights not expressly granted in this License are reserved by the Company and no licenses are granted by implication or estoppel.
Restrictions on Use - Except as expressly permitted in this License, you shall not, directly or indirectly, (i) use the Template or any Template Work for any purpose which may be deemed by the Company, in its sole discretion, to be competitive or in conflict with the Company’s business or the ImagenPictures.com Platform, or (ii) disable or circumvent any access control or related device, process or procedure established with respect to the Template.
Distribution - If you distribute a Template Work, you must, in connection with such distribution, (i) display a prominent link to this license, (ii) retain all copyright, trademark, and attribution notices that are present in the Template, any Template Work and any associated files, and (iii) require that all Users agree to be bound by the terms of this License with respect to such Template Work prior to using, downloading or installing any Template Work.
Applicable Law – You and all Users shall use the Template and any Template Work in compliance with all applicable laws, notices, rules and regulations, including, without limitation, all laws, notices, rules and regulations relating to the import and export of software and technical data. The Template and any related documentation are “commercial items,” as that term is defined in 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire such products with only those rights expressly set forth in this Agreement.
The Company may terminate this License in its discretion at any time upon notice to you or by placing a notice of termination on the Company’s website. Upon such termination, all rights and licenses granted to you and any Users under this License will terminate and you must uninstall and/or destroy any copies of the Template. The terms of Section 3 (Use Limitations), Section 4 (Termination), Section 5 (Disclaimers), Section 6 (Limitation of Liability), Section 7 (Indemnification) and Section 8 (Miscellaneous) will survive such termination.
THE TEMPLATE IS MADE AVAILABLE “AS IS” AND WITH ALL FAULTS. THE COMPANY HEREBY EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES OF ANY KIND WHATSOEVER RELATING TO THE TEMPLATE AND ANY TEMPLATE WORK. WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, THE COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE TEMPLATE WORKS ARE PROVIDED TO YOU AND ANY USERS “AS IS”, WITH NO OTHER WARRANTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF THE TRADE. FURTHER, THE COMPANY DOES NOT WARRANT THAT EITHER THE TEMPLATE OR TEMPLATE WORKS WILL BE ERROR-FREE, COMPLETELY SECURE, OR BE PROVIDED (OR BE AVAILABLE) WITHOUT INTERRUPTION. You may have additional consumer rights under your local laws which this License cannot change. The above disclaimer is made to the extent permitted by applicable law.
The Company does not provide technical support for the Template or any Template Works. Without limiting the above disclaimer, it is your responsibility and the responsibility of the User to ensure that the installation of a Template and/or any Template Work will not overwrite or damage the current or pre-existing materials or systems of the User.
6. Limitation of Liability
IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR LOSS OR DAMAGE OF LOST PROFITS OR REVENUES OR LOST DATA OR SIMILAR ECONOMIC LOSS OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, COST OF SUBSTITUTE GOODS OR SERVICES, INDIRECT OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THIS LICENSE OR FOR ANY CLAIM MADE BY A USER OR OTHER THIRD PARTY, EVEN IF THE COMPANY HAS BEEN ADVISED OF SUCH CLAIM. THE TEMPLATE AND THE RIGHT TO CREATE AND DISTRIBUTE TEMPLATE WORKS ARE BEING PROVIDED BY THE COMPANY AT NO ADDITIONAL CHARGE. IN NO EVENT WILL THE COMPANY’S TOTAL, AGGREGATE LIABILITY TO LICENSEE OR ANY USER ARISING FROM OR RELATED TO THIS LICENSE (INCLUDING FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, WARRANTY, MISREPRESENTATION, AND OTHER CONTRACT OR TORT CLAIMS) EXCEED $500.00.
Users shall defend, indemnify, and hold harmless the Company, its affiliates, and its and their officers, directors, employees, and agents from and against any and all costs, damages, and liabilities (including reasonable attorneys’ fees) related to any claims, actions, suits or proceedings arising from or related to your (i) exercise of the license granted in Section 1, (ii) your use of the Template and/or any Template Work, or (iii) the use of the Template or any Template Work distributed by you.
The formation, interpretation, and performance of this License and any disputes arising out of it shall be governed by the substantive and procedural laws of the state of New York without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States of America. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in New York, New York, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this License. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this License. You acknowledge and agree that any breach or threatened breach of this License would cause the Company irreparable damage for which the recovery of money damages would be inadequate and that the Company may therefor obtain timely injunctive relief in any court of competent jurisdiction to protect its rights under this License in addition to any other legal remedies the Company may have.
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