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HYPERFOCAL TERRAINS
END USER LICENSE AGREEMENT
NOTICE
TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE
IMAGES PROVIDED WITH THIS AGREEMENT ("HYPERFOCAL TERRAINS")
CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE
TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR USE HYPERFOCAL
TERRAINS. USER'S USE OF HYPERFOCAL TERRAINS IS CONDITIONED UPON
COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.
1.
DEFINITIONS
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 TERRAINS" or
"TEXTURES").
2.
LICENSE GRANT
Hyperfocal Design grants you a license to use and modify the TEXTURES
included in one copy of HYPERFOCAL TERRAINS 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.
3.
OWNERSHIP
The texture set HYPERFOCAL TERRAINS is owned and copyrighted by
Hyperfocal Design. Your license confers no title or ownership of
HYPERFOCAL TERRAINS and should not be construed as a sale of any
right.
4.
COPYRIGHT
HYPERFOCAL TERRAINS is protected by Australian copyright law, international
treaty provisions and other applicable law. You acknowledge that
no title to the intellectual property in HYPERFOCAL TERRAINS is
transferred to you. You further acknowledge that title and full
ownership rights to HYPERFOCAL TERRAINS will remain the exclusive
property of Hyperfocal Design and you will not acquire any rights
to HYPERFOCAL TERRAINS 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.
7.
LIABILITY
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.
8.
WARRANTY
Hyperfocal Design warrants the HYPERFOCAL TERRAINS 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 of HYPERFOCAL TERRAINS. Refunds will be given at
the discretion of the Company Management. HYPERFOCAL TERRAINS 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 TERRAINS 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 in South Australia.
10.
AMENDMENTS
Hyperfocal Design reserves the right to amend this agreement at
any time.
11.
ENFORCEABILITY
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.
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