Last Modified February 18, 2014
END USER LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
This website, www.gfx-pro.net, is the property of GFX | Productions™, headquartered in Amsterdam, The Netherlands and recorded in the Amsterdam Chamber of Commerce Trade Register under number 68789343, (hereinafter referred to as: 'GFX | Productions').
By receiving, opening the file package, and/or using our products/services ("Software") containing this software, you agree that this End User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by GP | Networking Services / GFX | Productions™ your use of our products/services indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, GP | Networking Services / GFX | Productions™ grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use our products/services in accordance with this Agreement and any other written agreement with GP | Networking Services / GFX | Productions™. GP | Networking Services / GFX | Productions™ does not transfer the title of our products/services to you; the license granted to you is not a sale. This agreement is a binding legal agreement between GP | Networking Services / GFX | Productions™ and the purchasers or users of our products/services.
If you do not agree to be bound by this agreement, remove our products/services from your computer now and, if applicable, promptly return to GP | Networking Services / GFX | Productions™ by mail any copies of our products/services and related documentation and packaging in your possession.
our products/services and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of our products/services contact GP | Networking Services / GFX | Productions™.
3. User Agreement
Your license to use our products/services is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of our products/services.
3.2 Use Restrictions
You shall use our products/services in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of our products/services together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of our products/services may be used on one single computer location by one user. Use of our products/services means that you have loaded, installed, or run our products/services on a computer or similar device. If you install our products/services onto a multi-user platform, server or network, each and every individual user of our products/services must be licensed separately.
You may make one copy of our products/services for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of our products/services. The assignment, sublicense, networking, sale, or distribution of copies of our products/services are strictly forbidden without the prior written consent of GP | Networking Services / GFX | Productions™. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of our products/services. If any person other than yourself uses our products/services registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile our products/services. Nor can you create any derivative works or other works that are based upon or derived from our products/services in whole or in part.
GP | Networking Services / GFX | Productions™'s name, logo and graphics file that represents our products/services shall not be used in any way to promote products developed with our products/services. GP | Networking Services / GFX | Productions™ retains sole and exclusive ownership of all right, title and interest in and to our products/services and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of our products/services, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for GP | Networking Services / GFX | Productions™.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend GP | Networking Services / GFX | Productions™, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of GP | Networking Services / GFX | Productions™'s Software.
In no event (including, without limitation, in the event of negligence) will GP | Networking Services / GFX | Productions™, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, our products/services or the use or inability to use our products/services or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
GP | Networking Services / GFX | Productions™'s entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by GP | Networking Services / GFX | Productions™) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to GP | Networking Services / GFX | Productions™.
Except as expressly stated in writing, GP | Networking Services / GFX | Productions™ makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the Netherlands applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Netherlands therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of our products/services and destroy all copies of our products/services supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY OUR PRODUCTS/SERVICES AS WELL.
5. CONSENT OF USE OF DATA
You agree that GP | Networking Services / GFX | Productions™ may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to our products/services. GP | Networking Services / GFX | Productions™ may also use this information to provide notices to you which may be of use or interest to you.