NOTICE -- YOU
MUST AGREE TO THE FOLLOWING TERMS BEFORE USING 12 INCH DESIGN PRODUCTS.
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 ANY 12 INCH DESIGN PRODUCT, ANY OF WHICH INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
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, video backgrounds, animations 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
a. Authorized Use. By installing, copying, downloading, accessing
or otherwise using the Product, you agree to be bound by the terms of
b. Restrictions. The digital images and other data files included
in the Product and/or 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 animation, motion
graphics/titling or stock footage 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 animation, motion graphics/titling or stock footage
related product. The Data may not be used in a defamatory, scandalous,
illegal, misleading, or otherwise unlawful manner.
You way install the product on up to two (2) workstations.
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.
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
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
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, USA.
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.