We understand that wading through the legal stuff is hard to understand, so we've tried to summarize some of the most important parts of the license agreement here:
Your License Rights
- By purchasing a license, you can use the product as many times as you like for the following purposes (the exact definitions are in in Section 2):
- Work that you do for a single business entity.
- Personal and noncommercial use or for testing purposes (like building a sample web site for someone to approve).
- By purchasing a license, you can only use this product once if you are doing any fee-based work for a third-party or client.
Ways You Can't Use this Product
You essentially can't do anything NOT allowed specifically in the license agreement. And definitely no:
- Using the product, or any part of it, as a trademark or service mark
- Making this product available to anyone else outside of the business entity that is using it (whether that's by sublicensing, selling, or simply providing it for free)
- Using any source files, images, code, or components from this product separate from the product - the exception is if you want to use a screenshot of the product (web site, presentation, etc.) for marketing purposes for the business entity.
Let's say you license a web template, which comes with the Photoshop and Flash source files, plus all the graphics, code, etc., that make up the actual web template.
- You may use the web template and source files to make your business a company web site, intranet web site, and project web site. OR, you may use the product to make your client a company web site. But, you may not do both without purchasing another license.
- Let's say you made your company a web site using the template. You may make a "demo" web site using the same template for a client for them to see if they like it or not. But if you actually want to make the web site "live," you'll have to purchase another license.
- You may modify the Photoshop and Flash files and make new graphics or Flash movies to replace the existing ones in the web site. You may not use the Photoshop and Flash files to make files for a different web site, or for another client.
End User License Agreement
This is a legal agreement between you (either an individual or a single entity; hereinafter “LICENSEE”) and Media Design Services (hereinafter “LICENSOR”) covering the downloading and/or installation of LICENSOR’s Themes, Templates and Components (written code and/or constructed graphic elements; hereinafter “PROGRAM(S)”). By downloading and/or installing, copying, or otherwise using the PROGRAM(S) on any computer or device, you agree to be bound by the terms of this End User License Agreement (EULA). Be sure to read the following agreement before using the PROGRAM(S). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE PROGRAM(S) AND DESTROY ALL COPIES OF IT.
This is a license, not a sale. LICENSOR retains all intellectual property rights in the PROGRAM(S). The PROGRAM(S) are provided under the terms of this Agreement, which governs the use of the PROGRAM(S) and also contains limitations on warranties and remedies.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.
1. Third-party Images
A. PROGRAM(S) may contain the use of third-party images (hereinafter "IMAGES") provided by third-party entities. LICENSOR has obtained the necessary licenses or rights to use the images within the PROGRAM(S). The LICENSEE may use those IMAGES within the PROGRAM(S), but does not have the right to use the IMAGES separate from the PROGRAM(S).
B. The LICENSEE is also bound by the license agreement and copyright of the third-party image provider. LICENSOR will advise LICENSEE (through product details) if there are any additional restrictions or limitations from the third-party image provider that may differ from 1A.
C. As a specific application of 1B, some of the royalty-free images in the PROGRAM(S) may be provided by Corbis. If the PROGRAM(S)' details indicate that royalty-free images are provided by Corbis, the End-User must be informed that the PROGRAM(S) uses Corbis images.
2. Grant of License
LICENSOR grants you a nonexclusive, nontransferable, nonsublicensable right to use any PROGRAM(S) for creating electronic or printed materials (hereinafter, "FINISHED PRODUCTS"), on your personal or business computer. Except as specifically provided in this agreement: no PROGRAM(S) may be used on more than one website or presentation. Except as otherwise explicitly permitted by this agreement, you may not transmit or distribute the PROGRAM(S) by any broadcast medium (such as television or radio).
The LICENSEE is granted an unlimited license to use this PROGRAM(S) if as a part of:
- ONLINE or other ELECTRONIC DISTRIBUTION SYSTEMS (including web page design) for purposes of a single business entity.
- Materials for PERSONAL, NONCOMMERCIAL use and TEST or SAMPLE use, including COMPS and LAYOUTS.
The LICENSEE is granted a single-use license for this PROGRAM(S) if as a part of:
- ONLINE or other ELECTRONIC DISTRIBUTION SYSTEMS (including web page design) for purposes of a fee-based service provided to ONE third party or client.
You may not utilize the PROGRAM(S) in any manner that is not expressly permitted in this license agreement. All rights not specifically granted above are retained by LICENSOR.
Use of the PROGRAM(S), or any part thereof, as a trademark or service mark, is not permitted.
Use of the PROGRAM(S), or any part thereof, outside of the grant of license is not permitted. However, LICENSEE may use a screenshot of the PROGRAM(S) for ADVERTISING and MARKETING purposes (print, packaging, or any ancillary use) provided that materials are used for the direct promotional purposes of a
single business entity.
No PROGRAM(S) may be sublicensed, resold or otherwise made available for use or distribution separately or detached from a product or web page. For example, PROGRAM(S) may be used as an integral 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 website users. Similarly, clients may be provided with copies of PROGRAM(S) (including digital files) as an integral part of the product, but may not be provided with PROGRAM(S) or permitted to use PROGRAM(S) separately.
One copy of the PROGRAM(S) may be made for backup purposes only, but may be used only if the original PROGRAM(S) becomes defective, or is destroyed or otherwise irretrievably lost. LICENSOR reserves the right to remove PROGRAM(S) from distribution, at which point the original PROGRAM(S) will not be made available to LICENSEE for redownload.
LICENSOR reserves the right to replace the PROGRAM(S) with an alternative for any reason. This license will automatically apply to the replacement PROGRAM(S). LICENSEE agrees to take all reasonable steps to discontinue use of the replaced PROGRAM(S) and to use the replacement PROGRAM(S) instead.
LICENSOR warrants that for a period of fifteen (15) days from the date of acquisition, the PROGRAM(S), if operated as directed, will substantially achieve the functionality described in the Documentation. LICENSOR does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the PROGRAM(S) will be error-free or secure. LICENSOR also warrants that the media containing the PROGRAM(S), if provided by LICENSOR, is free from defects in material and workmanship and will so remain for fifteen (15) days from the date you acquired the PROGRAM(S). LICENSOR 's sole liability for any breach of this warranty shall be, in LICENSOR 's sole discretion:
- to replace your defective media; or
- to advise you how to achieve substantially the same functionality with the PROGRAM(S) as described in the Documentation through a procedure different from that set forth in the Documentation; or
- if the above remedies are impracticable, to refund the license fee you paid for the PROGRAM(S). Repaired, corrected, or replaced PROGRAM(S) and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for fifteen (15) days after the date
- of shipment to you of the repaired or replaced PROGRAM(S), or
- LICENSOR advised you how to operate the PROGRAM(S) so as to achieve the functionality described in the Documentation.
Only if you inform LICENSOR of your problem with the PROGRAM(S) during the applicable warranty period and provide evidence of the date you purchased a license to the PROGRAM(S) will LICENSOR be obligated to honor this warranty. LICENSOR will use reasonable commercial efforts to repair, replace, advise, or for individual consumers, refund pursuant to the foregoing warranty within 30 days of being so notified. THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY LICENSOR. LICENSOR MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO LICENSOR DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If any modifications are made to the PROGRAM(S) by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately be terminated. This warranty shall not apply if the PROGRAM(S) is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the PROGRAM(S) was designed to be used as described in the Documentation. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
Distribution of the Software is not allowed without permission of LICENSOR. You may not modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on the PROGRAM(S). You may not copy the PROGRAM(S) other than as specified above. You may not rent, lease, grant a security interest in, or otherwise transfer rights to the PROGRAM(S). You may not remove any proprietary notices or labels on the PROGRAM(S). You must maintain all copyright notices on all copies of the PROGRAM(S).
Title, ownership rights, and intellectual property rights in the PROGRAM(S) shall remain in LICENSOR. The PROGRAM(S) is protected by the copyright laws and treaties of the United States.
The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the PROGRAM(S) and Documentation.
7. Export Controls
None of the PROGRAM(S) or underlying information or technology may be downloaded or otherwise exported or re-exported:
- into (or to a national or resident of) any country to which the U.S. has embargoed goods; or
- to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading, installing, or using the PROGRAM(S), you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL LICENSOR OR ITS SUPPLIER(S) OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT JOHN GALT'S Templates SOFTWARE RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
9. High Risk Activities
The PROGRAM(S) is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). LICENSOR and its SUPPLIER(S) specifically disclaim any express or implied warranty of fitness for High Risk Activities.
If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, or to LICENSOR 's standard commercial license, as applicable, and in similar clauses in the NASA FAR Supplement.
11. Applicable Law
This agreement will be governed in all respects by the laws of the State of California, U.S.A., without reference to its laws relating to conflicts of law. Venue for all disputes arising under this agreement shall lie exclusively in the Superior Courts of the State of California in Sonoma County and each party agrees not to contest the personal jurisdiction of these courts. ADDRESSES: Media Design Services, P.O. Box 3153, Santa Rosa California 95402.