THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU AND PRESSPLANE INC (PRESPLANE"). READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU PURCHASE A LICENSE FOR A PRESSPLANE TEMPLATE LIBRARY SUBSCRIPTION (“SUBSCRIPTION”). BY PURCHASING A LICENSE FOR PRODUCTS (“PRODUCT” OR “PRODUCTS”) FROM THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AND TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT AND YOUR RIGHTS UNDER THIS AGREEMENT WILL BE TERMINATED.
Grant of License. Subject to your compliance with the terms of this Agreement:
Restrictions. Your rights to use Product(s) are limited in the following manner, in addition to any other restrictions provided in this Agreement or by law:
Use of the Product in a manner not specifically authorized by this Agreement constitutes an infringement of our and our third party licensors’ proprietary rights and will subject you to infringement damages. Use of the Product in a manner that is contrary to a restriction stated in this Agreement is prohibited.
Termination and Revocation. Pressplane may automatically terminate the license contained in this Agreement without notice if you fail to comply with any provision of this Agreement. Upon termination, you must immediately (i) stop using the Product; (ii) delete or otherwise destroy any files containing the Product from your computer systems and storage (both electronic and physical).
Pressplane reserves the right to revoke the license to use the Product for good cause and replace such Product with alternative Product. Upon notice of any revocation of a license of the Product, or its components, you shall be required to immediately cease using such Product and shall where possible ensure that its clients and customers do likewise.
Quantity and Condition of Products: Pressplane shall not be liable for any loss or damage suffered by you or any third party, whether directly or indirectly, arising from any alleged or actual defect of the Product or in any way from the reproduction of derivative works therefrom. You are soley responsible to check the Products before reproducing them to insure that the Product works as expected. Pressplane makes no claims as to the condition of the Product. Pressplane makes no representation as to a minimum number of Products available in the system at any given time.
Copyright. Pressplane and its licensors own and will retain all copyrights in and to the Product, including any image contained in the Product. You may not copy, modify, sell or distribute all or any part of the Product except as expressly authorized in this Agreement. The Product is protected by United States copyright law and international treaty. Unauthorized reproduction, modification, sale or distribution is subject to civil and criminal penalties.
Pressplane will issue a full refund within 10 days of any purchase. Pressplane MAKES OR OFFERS NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER Pressplane NOR Pressplane’ THIRD PARTY REPRESENTATIVES SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, LOST PROFITS OR OTHER DAMAGES ARISING OUT OF THIS LICENSE OR OTHERWISE. If Pressplane is liable to you or your employer for any reason, then Pressplane’ liability to you shall be limited to the sum invoiced and paid by you for the use of the particular Product involved. Some states or jurisdictions do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or jurisdictional provisions.
License Not Assignable. The license granted to you under this Agreement may not be assigned. It is personal to you or your employer
Unauthorized Use of the Product. You agree to indemnify and hold Pressplane, its third party licensors, and their respective directors, officers, affiliates and representatives harmless against any claim for damages, losses or any costs, including attorneys’ fees, arising in any manner whatsoever from the unauthorized use of the Product or portion thereof, or for the breach of any of the terms of this Agreement. Pressplane agrees to indemnify and hold you harmless, and your respective directors, officers, affiliates and representatives against any claim for damages, losses or any costs, including attorneys’ fees, arising in any manner whatsoever from any claims by third parties that provision of the Product or portion thereof by Pressplane, hereunder infringe upon such third party’s intellectual property rights, or for the breach of any terms of this Agreement.
Survival. The provisions of Section 1 of this Agreement, and such other provisions which by their nature continue after termination, shall survive termination of this Agreement.
Other Terms. No variation of any of the terms in this Agreement shall be effective unless agreed to in writing by Pressplane and you. No action of Pressplane, other than an express written waiver, may be construed as a waiver of any clause of this Agreement. If Pressplane waives any specific part of this Agreement, such waiver does not mean that any other part is waived. Should any clause of this Agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect. In the event of any inconsistency between the terms of this Agreement and the terms contained on any purchase order or other document sent by you or your employer, the terms of this Agreement shall govern. This Agreement, its validity and effect shall be interpreted under and governed by the laws of the State of Oregon, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods.
Venue for all disputes arising under this Agreement shall lie exclusively in the state of Delaware, and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, Pressplane shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief if, in the opinion of Pressplane, such action is necessary or desirable. If Pressplane is required to enforce Pressplane’ rights as a result of any breach of this Agreement, whether a lawsuit is filed or not, it shall be made whole by you for such reasonable legal fees and costs incurred by it. If on this or any other form received by you in connection with your order, any terms or conditions contained herein or therein are inconsistent with the provisions of this Agreement, such inconsistent terms and conditions shall be of no force and effect, it being the parties’ intentions that this Agreement shall govern all matters relating to our Subscriptions and the Product.