By making a purchase from Loaded Landscapes (collectively
“Product(s)”) you agree that the purchase is subject to the terms of this
Product Use License (the “Agreement”).
THIS IS A LEGAL AGREEMENT
BETWEEN YOU AND LOADEDLANDSCAPES.COM (HEREINAFTER REFERRED TO AS "US”, “WE”,
OR “OUR”).
1. License Grant. When you purchase one of our Products,
we grant to you a non-exclusive, non-transferable, non-sub licensable,
worldwide and perpetual license to use the Product in compliance with the
terms of this Agreement.
2. Use. Subject to the restrictions set
forth elsewhere in this Agreement, you may use the Product only in
accordance with the following permitted uses:
• You may use the
Product in combination with your own work to create products for your own
clients or for sale.
• The only rights granted to you in the Product are
the rights to use the Product in accordance with this Agreement. All rights
not expressly granted to you in this Agreement are specifically reserved to
us.
3. Restrictions. Your rights to use Product is limited in the
following manner, in addition to any other restrictions provided in this
Agreement or by law:
• You may not use the Product, in whole or in
part, in the development of any competing products or services to be
provided to third parties.
• You may not post or send the Product in a
downloadable format.
• You may not falsely represent that you are the
original creator of the Product.
• Pornographic, defamatory or otherwise
unlawful use of Product is strictly prohibited. All use of the Product must
comply with all laws, rules and regulations.
4. Copyright. We retain
ownership in and to all Product, including any image contained in any
Product. You may not copy, modify, sell or distribute all or any part of any
Product except as expressly authorized in this Agreement. The Products are
protected by United States copyright law and international treaty.
Unauthorized reproduction, modification, sale or distribution is subject to
civil and criminal penalties. Use of a Product in a manner not specifically
authorized by this Agreement constitutes an infringement of our proprietary
rights and those of our third party licensors and will subject you to an
infringement claim.
5. Warranty. Products are licensed as-is without
any warranty of any kind. Prior to using the Product, you must satisfy
yourself that all of the necessary rights or consents, as may be required
for your use of the Product, are obtained. EXCEPT AS OTHERWISE SET FORTH
HEREIN, THE FOREGOING WARRANTIES ARE THE ONLY WARRANTIES WITH RESPECT TO THE
PRODUCT. SUCH WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
USE OR PURPOSE.
6. License Not Assignable. The license granted
hereunder may not be assigned without our written consent.
7.
Indemnification. You agree to indemnify and hold us, our third party
licensors, and our respective employees, directors, officers, affiliates and
representatives harmless against any claim by any third party for damages,
losses or any costs, including attorneys' fees, arising in any manner
whatsoever from the use of any Product or portion thereof. You agree to
indemnify and hold us, our third party licensors, and our respective
employees, directors, officers, affiliates and representatives harmless
against any claim for damages, losses or any costs, including attorneys'
fees, arising out of your breach of any term of this Agreement.
8.
Limitation of Liability and Venue. YOU SPECIFICALLY AGREE THAT OUR LIABILITY
FOR ANY CLAIM, REGADLESS OF THE CAUSE OF ACTION, FOR ANY DAMAGES CLAIMED IN
CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID
BY YOU AND RECEIVED BY US FOR THE PRODUCTS THAT ARE THE SUBJECT OF THE
CLAIM. IN NO EVENT SHALL WE BE HELD LIABLE FOR ANY INCIDENTAL, INDIRECT,
SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST
BUSINESS OR LOST PROFITS EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NO CLAIM SHALL BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE CAUSE OF
ACTION FOR SUCH CLAIM AROSE.
Any action brought under this Agreement shall only be brought before a court of competent jurisdiction in the county of York, state of Pennsylvania