License

License Agreement

 

This is a legal agreement between You or the Organization on whose behalf you are undertaking the License described below ("Licensee") and Charles Brush, DBA 6X Creative ("Licensor") who owns and operates the web site ProjectionFX.com. This agreement applies to licenses issued via the world wide web and is applicable to online, digital and analog (physical) delivery of Licensed Material.  By Downloading, copying or using any Licensed Material, you are agreeing to be legally bound by this Agreement.  This Agreement supersedes and replaces all previous oral or written agreements, memoranda, correspondence or other communications between the parties hereto relating to the subject matter hereof. 

 

Definitions

  1. "Licensed Material" or “Content” means any digital files purchased. Any reference in this Agreement to the Licensed Material shall be to each individual item within the Licensed Material and also to the Licensed Material taken as a whole.

Grant of Rights

  1. The Licensed Material is not being sold; it is being provided to the Licensee under the terms of this agreement, which allows for use of Licensed Material but does not transfer ownership. Ownership remains with Licensor;
  2. Licensee has the non-exclusive, non-transferable, non-sublicensable right to use the Licensed Material for personal display purposes only. Any uses other than personal purposes must be approved by Licensor, in writing. A separate commercial use license must be purchased for any commercial use of the Licensed Material;
  3. Licensee's rights to the Licensed Material are worldwide;
  4. Unauthorized use will result in immediate termination of this license including but not limited to legal action.
  5. Licensed Material may be used solely for personal use and shall not be used for commercial purposes. A commercial use license must be purchased separately for any commercial use of the Licensed Material.

Restrictions

  1. Licensee may not rent, sublicense, sell, assign, convey or transfer Licensed Material, this Agreement or any of its rights under this Agreement. Licensee may not include the Licensed Material in an electronic template intended to be Reproduced by third parties on electronic or printed products;
  2. Licensee may not sell, license or distribute any derivative work based on the Licensed Material;
  3. Licensee may not post the Licensed Material online in a downloadable format or enable it to be distributed;
  4. Licensee may not use Licensed Material in electronic items for resale;
  5. Licensee may not use Licensed Material on physical items for resale;
  6. Licensee may not use the Licensed Material for unlawful purposes.
  7. Licensee may not use the Licensed Material for commercial purposes without the express written permission of the Licensor.

Copyright

  1. No ownership or copyright in any Licensed Material shall pass to Licensee by the issuance of the license contained in this Agreement.

Termination & Revocation

  1. The license contained in this Agreement will terminate automatically without notice from Licensor, if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately (i) stop using the Licensed Material; (ii) destroy the Licensed Material; and (iii) delete or remove the Licensed Material from Licensee's premises, computer systems and storage (electronic or physical) and promptly confirm same to Licensor in writing;
  2. Licensor reserves the right to revoke the license to use the Licensed Material for good cause and elect to replace such Licensed Material with alternative Licensed Material. Upon notice of any revocation of such license, Licensee shall immediately cease using such Licensed Material. Licensee shall delete all electronic copies of Licensed Material from its electronic storage media, confirming the same to Licensor in writing.
  3. Licensor reserves the right to modify this agreement at any time.

Indemnification

You agree to indemnify and hold Charles Brush, DBA 6x Creative, our respective Representatives, shareholders and partners harmless from and against any and all damages, liabilities, costs and expenses (including reasonable attorneys' fees and costs) arising out of or relating to any Use Related Claim.

Warranty and Limitation of Liability

  1. The Licensed Material provided under the terms of this License are owned by Licensor. Licensee is urged to fully test the Licensed Material prior to use and bring any difficulties encountered to the attention of Licensor.

2.Licensor disclaims all liability for incidental, consequential, and special damages arising out of any defects in materials and workmanship including warranties of fitness for use.

  1. Licensee shall defend, indemnify and hold Licensor and its respective officers, directors and employees harmless from all damages, liabilities and expenses (including reasonable attorneys' fees and permitted and authorized costs), arising out of or as a result of claims by third parties relating to Licensee's use of any Licensed Material outside the scope of this Agreement and any other breach by Licensee of this Agreement.
  2. These terms and conditions are all the terms and conditions that apply to this License. No other terms or prior understandings shall be used to alter the plain meaning of these terms or to expand the License unless subsequently agreed to in writing by the parties in amending this License.

5.THE CONTENT AND THE CONTENT INFORMATION ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE 6X CREATIVE  PARTIES DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE CONTENT OR THE CONTENT INFORMATION WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE.