LICENSE AGREEMENT FOR
NON-EXCLUSIVE USE OF GRAPHICS
Please read this license carefully before the purchase and use of the Graphics.
This document is an agreement between you and Personally Designed. Personally Designed is willing to license the enclosed Graphics to you only on the condition that you accept all the terms contained in this agreement. By using the Graphics you are agreeing to be bound by the terms of this license.
1. Ownership and License.
This is a license agreement and NOT an agreement for sale. The Graphics are the property of Personally Designed. You own the non-exclusive right to use the Graphics, but Personally Designed retains ownership of and copyrights to the Graphics. Your rights to use the Graphics are specified in this Agreement and Personally Designed retains all rights not expressly granted to you in this Agreement.
1b. A linkback to Personally Designed.com is part of the payment transaction unless other arrangements have been made. The link must be placed on the same page on which they are used. In most cases, a matching graphic link is provided with each web set. Failure to do so voids license agreement.
2. Permitted Uses.
You are granted the following rights to the Graphics.
(a)Right to upload to one server. You may upload the Graphics to one server for use on one web site only. If you wish to use the Graphics on more than one web site, please contact Personally Designed for information on an upgraded license allowing the use of the Graphics on additional web sites. (This is 1 web site, not 1 web page). (b) Right to Copy. You may make and maintain one copy of the Graphics for backup purposes, provided that the original and each copy of the Graphics are kept in your possession.
3. Prohibited Uses.
The following uses of the Graphics are prohibited. If you wish to use the Graphics in a manner prohibited below, please contact Personally Designed regarding "SPECIAL USE LICENSE". Otherwise, you may NOT:
(a) Make or distribute copies of the Graphics, except as expressly provided in this Agreement.
(b) Use any backup copy of the Graphics (or allow someone else to use such copy) for any purpose other than to replace the original copy in the event it is destroyed or becomes defective.
(c) Alter or create other graphics based on the Graphics. This includes, but is not limited to re-sizing, cropping, compressing, or changing the Graphics in any way other than to add text to blank elements.
(d) Rent, lease, sub-license, sell, or transfer the Graphics or documentation, or your rights under this Agreement.
(e) Include the Graphics in any commercial products intended for manufacture, distribution or sale; or
(f) Include the Graphics in any product containing immoral, scandalous, controversial, derogatory, obscene, or offensive works.
This License is effective upon the first use, installation, loading, or copying of the Graphics. You may terminate this Agreement at any time by destruction and disposal of the Graphics and all related documentation. This license will terminate automatically without notice from Personally Designed if you fail to comply with any provisions of this license. Upon termination, you shall destroy all copies of the Graphics and any accompanying documentation.
5. Copyright Notice.
Personally Designed and/or its successors hold valid copyright of the Graphics. Nothing in this agreement constitutes a waiver of any rights under US Copyright law or any other federal or state law.
The laws of the United States of America and the State of New York shall govern this Agreement. If any provision, or any portion, of this Agreement is found to be unlawful, void, or for any reason unenforceable, it shall be severed from, and shall in no way affect the validity or enforceability of the remaining provisions of the Agreement.
PERSONALLY DESIGNED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. PERSONALLY DESIGNED DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE GRAPHICS IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IN NO EVENT SHALL PERSONALLY DESIGNED AND/OR ITS SUCCESSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE GRAPHICS.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PERSONALLY DESIGNED OR ANY REPRESENTATIVE OF PERSONALLY DESIGNED RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
©2003 Personally Designed