HYPERFOCAL SKIES END USER LICENSE AGREEMENT
NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT BEFORE CONTINUING. USE OF THE IMAGES PROVIDED WITH THIS AGREEMENT ("HYPERFOCAL SKIES") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR USE HYPERFOCAL SKIES. USER'S USE OF HYPERFOCAL SKIES IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.
This Hyperfocal Design End User License Agreement ("EULA") is a legal agreement between you the End User (whether an individual or a recognised legal entity) (the "LICENSEE") and Hyperfocal Design Pty. Ltd. for the Hyperfocal Design images accompanying this EULA, which includes digital images and may include associated media, and "online" or electronic documentation ("HYPERFOCAL SKIES" or "TEXTURES").
2. LICENSE GRANT
Hyperfocal Design grants you a license to use and modify the TEXTURES included in one copy of HYPERFOCAL SKIES on any one system for as many licenses as you purchase. "You" means the company, entity or individual whose funds are used to pay the license fee. "Use" means copying, storing, loading, installing, or displaying the TEXTURES. You may not rent, lease, lend, sell or sublicense the TEXTURES to another person, company or other entity.
The texture set HYPERFOCAL SKIES is owned and copyrighted by Hyperfocal Design. Your license confers no title or ownership of HYPERFOCAL SKIES and should not be construed as a sale of any right.
HYPERFOCAL SKIES is protected by Australian copyright law, international treaty provisions and other applicable law. You acknowledge that no title to the intellectual property in HYPERFOCAL SKIES is transferred to you. You further acknowledge that title and full ownership rights to HYPERFOCAL SKIES will remain the exclusive property of Hyperfocal Design and you will not acquire any rights to HYPERFOCAL SKIES except as expressly set forth in this license.
5. MARKETING AND PROMOTION
Unless Hyperfocal Design receives written notification from you to the contrary, you hereby grant Hyperfocal Design the right to display any derivative works within your possession or control that incorporate one or more of the TEXTURES at tradeshows, in collateral, and/or via electronic distribution for Hyperfocal Design marketing, educational, and promotional purposes as examples of customer usage. Hyperfocal Design will identify you as the author of such derivative work.
6. SPECIAL LIMITATIONS
The TEXTURES may not under any circumstances be used in or in conjunction with pornographic, defamatory, obscene, fraudulent, libelous, infringing, immoral, or illegal material.
You agree that you will defend, indemnify and hold Hyperfocal Design harmless against any claims or liabilities arising out of the use, misuse, distribution or execution of any Hyperfocal Design Product including claims brought against you for the use of such TEXTURES. You further agree to hold harmless and protect Hyperfocal Design against any such civil, legal or criminal claims which will be paid by licensee including court costs and judgements.
Hyperfocal Design warrants the HYPERFOCAL SKIES CD to be free from defects in material and workmanship for 30 days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement HYPERFOCAL SKIES. Refunds will be given at the discretion of the Company Management. HYPERFOCAL SKIES and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of HYPERFOCAL SKIES remains with the LICENSEE.
9. GOVERNING LAW
This Agreement shall in
all respects be governed by and construed in accordance with the laws in force
Hyperfocal Design reserves the right to amend this agreement at any time.
If any part of this Agreement is found void and unenforceable, the parties agree that such invalidity shall not affect the validity of the remaining portions of this agreement.