PHOTOBOOTH SUPPLY CO. TEMPLATE LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THE PHOTOBOOTH TEMPLATES. BY USING THE PHOTOBOOTH TEMPLATES YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE PHOTOBOOTH TEMPLATES AND, IF PRESENTED WITH THE OPTION TO “AGREE” OR “DISAGREE” TO THE TERMS, CLICK “DISAGREE”.
Photobooth Supply Co. Inc., ("Licensor") owns all proprietary and intellectual property rights in its templates, generally described as Photobooth Templates (the"Work") that are displayed and viewable on www.photoboothsupplyco.com.
1. Grant of License.
(A) Licensor hereby grants to you, ("Licensee"), in accordance with the terms and conditions of this Agreement, a (non)-exclusive, non-transferrable license to use the Work in the course of your photo booth business in accordance with the terms of this Agreement;
(B) Licensee shall not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Work to any Person, including on or in connection with the Internet or any time-sharing, service bureau, software as a service, cloud or other technology or service;
(C) Licensee shall not remove, delete, efface, alter, obscure, translate, combine, supplement or otherwise change any trademarks, or Intellectual Property Rights, proprietary rights or other symbols, notices, marks or serial numbers on or relating to any copy of the Work, other when using the Work in accordance with Licensee’s business;
(D) Licensee hereby acknowledges that this is a single-user Agreement, and allows Licensee to install and activate the Work for Licensee’s exclusive use for one computer or one business network;
(E) Licensee hereby acknowledges that this product is a digital download and that no physical product will be shipped to licensee;
(F) Licensee hereby acknowledges that this product does not contain font files and that licensee may be required to download and install the font files separately;
(G) Licensee hereby acknowledges that licensee has checked its order for this product for errors and understand all sales are final and no refunds or exchanges will be provided; and
(H) Licensee hereby acknowledges that by purchasing the Work, licensee agrees to be bound by the terms and conditions this Agreement.
2. Ownership of Works. Licensee acknowledges that Licensor is the sole and exclusive owner of the Work and of all associated federal registrations and pending registrations, and Licensee shall do nothing inconsistent with such ownership. Licensee further agrees that it will not claim ownership rights to the Work, or any derivative, compilation, sequel or series, or related Work owned by or used by Licensor. Licensee agrees that nothing in this Agreement shall give Licensee any right, title, or interest in the Work other than the right to use the same in accordance with this Agreement.
3. Term and Termination.
(A) This Agreement shall commence as of the date license purchase, and continue in full force and effect for a period of one year, and shall automatically renew for additional one year periods, unless either party provides written notice of non-renewal to the other party.
(B) In the event that Licensee sells all of its assets to a third party, or otherwise cease to exist in its current form, Licensor, at its discretion, may immediately terminate this Agreement.
(C) Upon termination or expiration of the license granted under this Agreement by operation of law or otherwise, all rights (including the right to use the Work) privileges and obligations arising from this Agreement shall cease to exist.
6. Assignment. This Agreement (including, without limitation, the license
granted hereunder) is personal to Licensee and shall not be assigned or transferred by Licensee. Any attempt on the part of Licensee to assign, sub-license, or transfer Licensee’s rights under this Agreement shall be invalid and void. Licensor shall have the right to assign its rights and obligations under this Agreement and all its right, title and interest in the Work without the consent of Licensee.
7. Independent Business Relationship. Licensor and Licensee are independent contractors and are not and shall not be construed as joint ventures, partners, employer/employee, or agents of the other, and neither shall have the power to bind or obligate the other, except as set forth in this Agreement.
(A) This Agreement constitutes the entire agreement and understanding of the parties with respect to the subject matter hereof, superseding any and all prior agreements, understandings, negotiations, and discussions. No amendment, alteration, modification, or waiver of this Agreement shall be binding unless evidenced by an instrument in writing signed by the party against whom enforcement thereof is sought.
(B) In the event it becomes necessary for either party to file a suit to enforce this Agreement or any provisions contained herein, Licensee agrees to the personal jurisdiction of California, and this Agreement shall be governed by and construed in accordance with the internal laws of the State of California.
(C) If any provision of this Agreement, or the application of such provision to any person or circumstance shall be held invalid, the remainder of this Agreement, or the application of such provisions to any other persons or circumstances, shall not be affected thereby.