THIS IS A LEGAL AGREEMENT ("AGREEMENT") BETWEEN LICENSEE, PURCHASER (IF ANY) AND GRAPHICS FACTORY CC. THIS AGREEMENT APPLIES TO LICENSES ISSUED VIA THE WEB AND IS APPLICABLE TO ALL MATERIAL DOWNLOADED FROM THE VECTORTEMPLATES.COM WEB SITE. BY DOWNLOADING MATERIAL FROM THE VECTORTEMPLATES.COM WEB SITE, LICENSEE AND, IF APPLICABLE, PURCHASER, AGREES TO ALL THE TERMS OF THIS AGREEMENT AND CONFIRMS THAT IT HAS CAPACITY TO FORM A CONTRACT UNDER ITS LOCAL LAWS.
Subject to the terms of this Agreement: GRAPHICS FACTORY CC grants to Licensee a perpetual, non-exclusive, non-transferable, non-sublicensable, worldwide right to reproduce Licensed Material lawfully acquired from VectorTemplates.com an unlimited number of times in any and all media for all purposes other than those uses prohibited under Section 2 of this Agreement.
Licensee may have the Licensed Material reproduced by subcontractors of Licensee provided that such subcontractors agree to abide by the provisions of this Agreement.
Licensee may not:
- make the Licensed Material available (separate from the Licensee Work) in any medium accessible by persons other than authorized Users; or
- make the Licensed Work available in any medium or manner intended to allow or invite a third party to download, extract or access the Licensed Material as a standalone file.
Licensee may not, without obtaining the prior consent of GRAPHICS FACTORY CC:
- include the Licensed Material in an electronic template intended to be Reproduced by third parties; or
- use or display the Licensed Material on websites or in any other medium designed to induce or involving the sale, license or other distribution of "on demand" products, including, without limitation, templates, t-shirts, screensavers or similar items.
Licensee may not state or imply that Licensee is the original author of any image that derives a substantial part of its artistic components from the Licensed Material.
Where Purchaser is licensing Licensed Material on behalf of a Licensee, Purchaser hereby represents and warrants that:
No ownership or copyright in any Licensed Material shall pass to Licensee by the issuance of the license contained in this Agreement. Except as expressly stated in this Agreement, GRAPHICS FACTORY CC grants Licensee no right or license, express or implied, to the Licensed Material.
GRAPHICS FACTORY CC DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LICENSED MATERIAL OR ITS DELIVERY SYSTEMS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF QUALITY OR EXCLUSIVITY OR ORIGINALITY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GRAPHICS FACTORY CC SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT OR OUT OF THE USE OF MATERIAL OBTAINED FROM THE VECTORTEMPLATES.COM WEB SITE, EVEN IF GRAPHICS FACTORY CC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. BY OBTAINING ANY MATERIAL FROM VECTORTEMPLATES.COM THE USER AGREES TO USE SUCH MATERIAL AT ITS OWN RISK.
Licensee should examine all Licensed Material for possible defects (whether digital or otherwise) before sending any Licensed Material for Reproduction. Without prejudice to Section 4 above, GRAPHICS FACTORY CC shall not be liable for any loss or damage suffered by Licensee or any third party, whether directly or indirectly, arising from any alleged or actual defect in any Licensed Material or its caption or in any way from its Reproduction.
- Purchaser is authorized to act as an agent on behalf of Licensee and has full power and authority to bind Licensee to this Agreement; and
- if Licensee subsequently disputes such authority, Purchaser shall be bound and liable for any failure of Licensee to comply with the terms of this Agreement.
Without prejudice to Section 4 above, the responsibility of GRAPHICS FACTORY CC can under no circumstances exceed the cost paid by a Licensee for Licensed Material. The terms and conditions outlined in this Agreement are governed by the laws of the Republic of South Africa. Any dispute will be presented before a court in the Republic of South Africa.
The set of rights conferred to GRAPHICS FACTORY CC by this agreement does not, in any way, create obligations for GRAPHICS FACTORY CC. These rights may be applied entirely at the discretion of GRAPHICS FACTORY CC.
If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.