Product License Agreement
PRODUCT LICENSE AGREEMENT OF 12 INCH DESIGN, LLC ("VENDOR")
CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE OPENING, DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THIS PRODUCT, ANY OF WHICH INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY RETURN THIS PRODUCT, UNOPENED AND UNUSED, TO THE VENDOR FOR REFUND IN THE AMOUNT YOU PAID.
1. Definitions. The Product is protected by intellectual property
laws and treaties. The Product is licensed (not sold) to you, and Vendor
owns all copyright, trade secret, patent and other proprietary rights
in
the Product. The term "Product" includes all customized content
created
by Vendor and licensed to you, including but not limited to fonts, objects,
textures and templates, and includes any updates, add-on
components, web services and/or supplements that the Vendor may
provide to you or make available to you after the date you obtain your
initial copy of the Product to the extent that such items are not
accompanied by a separate license agreement or terms of use.
2. License
a. Authorized Use. By installing, copying, downloading, accessing or otherwise using the Product, you agree to be bound by the terms of this agreement.
b. Restrictions. The digital images and other data files included
in the Product and contained on the CD-ROM and/or DVD-ROM or downloaded
by you (the "Data") may be used, altered, or incorporated
according to
the guidelines described herein into any work (including broadcast,
commercial, industrial, educational, and personal) that is created by
you provided that (a) the work is not then sold or distributed as part
of any element, library, collection, set, or other motion
graphics/titling related product, and (b) the Data is not converted to
a
different format or modified in any way for the primary purpose of
selling or distributing an element, library, collection, set or
other motion graphics/titling product. The Data may not be used in a
defamatory, scandalous, illegal, misleading, or otherwise unlawful
manner. Except as expressly permitted by this Agreement, you may not:
(1) copy (other than for back-up purposes), sell, distribute, rent,
lease or sublicense the Product; (2) modify or prepare derivative works
of the Product; (3) transmit the Product over a WAN or the internet for
any purpose except within your licensed facility; or (4) reverse
engineer, decompile or disassemble the Product.
3. Limited Product Warranty. For 30 days from the date of
shipment, Vendor warrants that the media (for example, diskette or CD
ROM) on which the Product is contained will be free from defects in
materials and workmanship. No warranty is made with respect to
downloaded Product. This warranty does not cover damage caused by
improper use or neglect. Vendor does not warrant that the Data or the
Product will be error free. The Product and the Data are furnished "AS
IS" and without warranty as to the performance or results you may
obtain
by using the Product. The entire risk as to the results and performance
of the Product is assumed by you. To obtain warranty service during the
30-day warranty period, you may return the Product (postage paid) with
a
description of the problem to Vendor. The defective media in which the
Product is contained will be replaced at no additional charge to you.
If you do not receive media which is free from defects in materials and
workmanship during the 30-day warranty period, you will receive a refund
for the amount you paid for the Product returned.
4. Disclaimer of Warranty And Limitation of Remedies
YOU UNDERSTAND AND AGREE AS FOLLOWS:
a. THE WARRANTIES IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VENDOR DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES. IN NO EVENT WILL VENDOR'S LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF VENDOR HAS KNOWLEDGE OF THE POTENTIAL LOSS OR DAMAGE.
b. Vendor will not be liable for any loss or damage caused by delay in furnishing a Product or any other performance under this Agreement.
c. Vendor's entire liability and your exclusive remedies for Vendor's liability of any kind (including liability for negligence except liability for personal injury caused solely by our negligence) for the Product and the Data covered by this Agreement and all other performance or nonperformance by Vendor under or related to this Agreement are limited to the remedies specified by this Agreement.
d. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
5. Termination. This Agreement is effective until terminated. You may
terminate it at any time by destroying the Product and all copies of
the
Data, including all derivatives and documentation, and erasing any
copies of the Product and Data residing on computer equipment. This
Agreement also will terminate if you do not comply with any terms or
conditions of this Agreement. Upon such termination you agree to
destroy the Product and the Data and erase all copies residing on
computer equipment.
6. U.S. Government Restricted Rights. The Product is provided to the
Government only with restricted rights and limited rights. Use,
duplication, or disclosure by the Government is subject to restrictions
set forth in FAR Sections 52-227-14 and 52-227-19 or DFARS Section
52.227-7013(C)(1)(ii), as applicable.
7. Support Service. Vendor may provide
you with support services
related to the Product ("Support Services"). Use of Support
Services is
governed by the policies and programs described in the user manual, in "online" documentation,
or in other materials from the support services
provider. Any supplemental materials provided to you as part of the
Support Services are considered part of the Product and subject to the
terms and conditions of this agreement. You acknowledge and agree that
Vendor may use technical information you provide to Vendor as part of
the Support Services for its business purposes, including for product
support and development. Vendor will not utilize such technical
information in a form that personally identifies you.
8. Applicable Law. This Agreement is governed by the laws of the State of Arizona.
9. Entire Agreement. This agreement (including any addendum or amendment to this agreement which is included with the Product) is the entire agreement between you and Vendor relating to the Product and the Support Services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this Agreement.
Copyright © 2003, 12 Inch Design, LLC. All rights reserved. 12 Inch Design, the 12 Inch Design Logo, LivetypeCentral, LiveTypeCentral.com, LiveTypeCentral, "Unleash the Power of LiveType", all LiveStyle font images and "Don't Just Edit. Design." are trademarks of 12 Inch Design, LLC. All other brand names, product names, or trademarks are the property of their respective owners.