User License Agreement
Introduction and Summary
You (customer) and your company seek to enter an agreement with WordLayouts regarding the purchase of template(s) and getting license (deed about terms, conditions and restrictions regarding the use of the templates and other related matters) to use templates prepared by WordLayouts.
According to this agreement WordLayouts will provide template(s) to be used by you or your company. You and your company will use template(s) following terms and conditions described in this agreement.
When you purchase a template or templates it would be considered that you and your company have agreed upon agreement and therefore, this agreement has become effective.
If a person agreeing to contract on behalf of you or your company cease to be an employee, officer or named representative, that individual will, then relinquish all rights for the use of the template or templates. Such rights will remain with the company, entity or individual on whose behalf the aforementioned agreement was executed and under no circumstances the purchased template(s) will be sold, transferred, used as collateral or given to any other entity.
You and your company would continue to retain these rights unless another company not referenced in this agreement becomes involved. The change or addition of a company would require the approval of WordLayouts.
An explanation of how, when and where the template(s) may be used follows and is a vital part under this agreement.
- Grant of License—Subject to the Adherence of the details set for in this agreement.
WordLayouts through execution of this document gives the customer and the individual acting on behalf of said customer, a non-transferable, non-exclusive and nonpublic right to edit the product the following ways.
- Alterations to any portion of the document. This may be accomplished by inserting or changing the sample text to personalize the product or service featured in the template.
- The right to create derivative works, such as a printed or virtual publication for promotional or advertising purposes shall be granted. All derivative works may benefit from the product edicts, except those that are prohibited under Section 2 of this agreement.
Subcontractors for Your Company, who are active service providers, will be permitted to edit and reproduce your finished products. Service providers hired by the company will be authorized and allowed to make modifications, changes, additions or deletions to the final project, provided such changes fall within the terms of the agreement. The service providers or their subcontractors must abide by terms stated within this agreement and may be asked, at the discretion of Your Company, to enter into an agreement whereby the subcontractors will attest that they have read the appropriate parts of the original agreement and do agree to abide by stated terms.
Furthermore, it will be permissible for you and your company to provide materials normally referred to as derivative works, including, but not limited to electronic files to clients. However, such action can only be undertaken provided the clients, who are the proper recipients of the derivative works, understand, accept and agree that no new derivative works shall be created from any file originally created by WordLayouts.
By accepting this agreement, you or your company hereby agrees with the conditions of said agreement and will accordingly have the right to show the derivative works on printed products and in emails, but will be prohibited from showing such works on any websites. The derivative works displayed on printed products, and emails must be completed. There cannot be any unedited reproduction of the original template or the final derivatives.
- Restrictions: The rights for anyone associated with this purchase to use the product(s) are only to be used in the agreed-upon manner. This includes certain agreement(s) previously reached to comply with future state and federal laws or international restrictions.
The purchasing entity and any other authorized persons may not under any circumstances be permitted to post products, descriptions, proprietary or other information on the Internet or private network. The purchasing entity is hereby prohibited from posting the derivative materials of products on the Internet in a manner or method that would be allowed for downloading or in a format that would allow the use of a write–to-print technique. These restrictions will apply whether or not the contracting entity represents the product as property of you or your company or other entities having rights to use material previously referenced in this document.
No deception shall be used regarding products created by WordLayouts. It would be a violation of this agreement and would be considered as an infringement on the proprietary rights of WordLayouts. Such action that violates this agreement or causes damage to any of the previously named individual or parties will be subject to damages associated with any violations set forth in this agreement.
WordLayouts does not grant any warranties or rights regarding usage of trademarks, names, elements or any works of art in any image that are at time of use protected by copyright or registered design.
It is the responsibly of the purchasing entity to make certain that all the terms laid out by WordLayouts are followed. Furthermore, the product many not be used with any projects that are affiliated with pornography. Purchaser must also agree to adhere to all industrial codes.
- Copyright: WordLayouts and its licensors, own and will continue to retain the copyrights to all products. This includes, but is not limited, to the images within the products. You or your company will not sell, copy, or modify any or all parts of the product unless it is specifically expressed in this agreement and agreed upon by all participants. Criminal and civil penalties will be imposed if any violations of the terms of this agreement are discovered.
- Limitation of Liability and Warranty: WordLayouts offers a 1-day warranty. The sole remedy for a breach of the warranty lies within the refund of the license fee (paid by you). Refund will be processed under the stated refund policies. WordLayouts provides no additional warranty not specified in this agreement. WORDLAYOUTS will not be responsible for any damages or loss of profits that may result from the incorrect use of this license. If WordLayouts is found to be liable to you or your company for any reason, it shall be limited to the amount paid by you or your company for usage of the particular product. In states where different laws are in effect, the agreement shall be governed by such laws as may be in effect in that particular state.
- Full payment will be made before your or your company is permitted to use the product provided by the WORDLAYOUTS Company. You or your company will be subject to punitive damages if the product is used before the appropriate payments are made to WordLayouts.
- Non-Assignable License: Any license granted by WordLayouts may not be transferred, traded or assigned to another entity.
- Unauthorized Usage of Products: You and our company do hereby consent to indemnify and hold harmless WordLayouts, its officers, directors, third party licensors, and representatives regarding any claim for losses, damages, and any other miscellaneous costs. This will include attorney fees that derive from your misuse of the product(s) supplied by the WordLayouts to you or your company. This provision will also cover and include any breach of the terms by you or your company stated within this agreement.
- The provisions of sections three and four, dealing with copyright requirements and Limitation of Liability and Warranty, will continue to survive after the termination of this agreement.
- Miscellaneous Terms: Alterations to this agreement shall be invalid unless the consent of WordLayouts and its contracting party agree. This consent must be agreed upon in writing by both parties.
The terms of this agreement will govern all potential inconsistencies and misunderstandings between WordLayouts and you and your company entering into the agreement. This agreement is valid and will be governed by the appropriate laws associated with this type of business transaction, without reference to any other laws possibly relating to legal conflicts.
Disputes arising from transactions involving WordLayouts, you or your company shall be resolved in the appropriate court of law. Each party agrees not to take action that will contest the jurisdiction of these courts.
WordLayouts retains the right to pursue any legal action to obtain relief within the court system if WordLayouts believes that the contracting party (or your employer) has violated any terms listed within this agreement.