3D Issue enduser license agreement
IMPORTANT – PLEASE READ CAREFULLY.
The LICENSEE (as defined below) has the option of using 3D Issue to create digital editions of publications that are wholly owned by the LICENSEE. 3D Issue is licensed as a single entity license. The LICENSEE may exercise their rights as outlined in this agreement to create digital editions of any past, present or future issue of any publication wholly owned by the LICENSEE. Notwithstanding the foregoing, should a third party wish to engage the LICENSEE for services in relation to the creation of similar digital editions via the SOFTWARE (as defined below), the LICENSEE is obligated to purchase an additional template for each third party respectively.
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
The SOFTWARE is licensed, not sold. By installing, copying or otherwise using the SOFTWARE, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not permitted to install, copy or use the SOFTWARE.
3D Issue Ltd. (the “LICENSOR”) grants to you (“you” or the “LICENSEE”) a nonexclusive license to make and use copies of 3D Issue Manager, including computer software, electronic documentation and printed materials related thereto (the “SOFTWARE”) in the manner and on terms as hereinafter provided.
NOW THEREFORE, in consideration of the foregoing, and for other good and valuable consideration the amount and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:
1. Grant of License.
3D Issue ltd. grants to you the LICENSEE a nonexclusive license to make and use copies of the SOFTWARE in the manner provided below.
3D Issue ltd. may have patents or pending patent applications, trademarks, copyrights, or other intellectual property rights covering the SOFTWARE. You are not granted any license to these patents, trademarks, copyrights, or other intellectual property rights except as expressly provided herein. 3D Issue ltd. reserves all rights not expressly granted.
If you are found to be in violation of this license agreement, 3D Issue ltd. reserves the right to terminate this license at any time, at which time you must destroy all copies of the SOFTWARE you have previously installed.
2. COPYRIGHT AND TRADEMARK.
(a) All title and copyrights in and to the SOFTWARE (including, but not limited to, any images, photographs, animation, video, audio, music, text, source code and “applets,” incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by 3D Issue ltd. and its suppliers. COPYRIGHT © 2010 3D Issue ltd. ALL RIGHTS RESERVED.
(b) Except as stated herein, none of the copyrighted materials may be copied, reproduced, distributed, republished, transferred, sold, used to create derivative works, performed, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of 3D Issue ltd. or the respective copyright owner. Software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright.
(c)The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material except that you may either (i) make one copy of the SOFTWARE solely for backup or archival purposes, or (ii) install the SOFTWARE on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE.
(d) 3D Issue LTD, 3D Issue Professional 7.0, the 3D Issue LTD logo, the 3D Issue logo, graphics, and icons in the SOFTWARE are trademarks, service marks, trade dress, and/or registered trademarks of 3D Issue ltd. and may not be copied, imitated or used, in whole or in part, without the prior written permission of 3D Issue ltd.
3. EXPORT RESTRICTIONS.
You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit the SOFTWARE or related documentation and technical data (or any part thereof), or process, or service that is the direct product of the SOFTWARE to any country to which such export or transmission is restricted by any applicable U.S. Regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.
4. DISCLAIMER OF WARRANTY.
NO WARRANTIES. The SOFTWARE is provided “as is” without warranty of any kind. To the maximum extent permitted by applicable law, 3D Issue ltd. and its suppliers disclaim all warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty against infringement, with regard to the SOFTWARE. This limited warranty gives you specific legal rights. You may have others that vary from state/jurisdiction to state/jurisdiction.
5. CUSTOMER REMEDIES
3D Issue ltd.’s entire liability and your exclusive remedy shall not exceed the price paid for the SOFTWARE.
6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable law, in no event shall 3D Issue ltd. or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this 3D Issue ltd. product, even if 3D Issue ltd. has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
This license shall be construed and interpreted in accordance with Irish Law. The Courts of Ireland shall have exclusive jurisdiction in relation to any claim, dispute or other matter arising there from.
Should you have any questions concerning this Agreement, please contact 3D Issue Ltd. via email@example.com.
(a) LICENSEE consents to the use of its name and logo in certain advertising and marketing materials distributed by LICENSOR. LICENSEE may object to the continued use of its logo or trademark and upon receipt of such objection, LICENSOR shall cease any further use. LICENSEE waives all rights and remedies in connection with LICENSOR’s use of such name and logo as set forth herein.
(b) This License is effective until terminated. LICENSEE may terminate the License by providing 30 days prior written notice to LICENSOR, permanently destroying all copies of the SOFTWARE in its possession or control, and delivering notice of destruction to LICENSOR. Upon termination for any reason, all licenses granted herein shall immediately terminate.
(c) This license shall be governed by and construed in accordance with the laws of Ireland, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The Courts of Ireland shall have exclusive jurisdiction in relation to any claim, dispute or other matter arising hereunder.
(d) If any provision of this Agreement is found to be unenforceable, that provision shall be severed and the remainder of the License shall be given full force and effect.
(e) This License constitutes the entire agreement between the parties with respect to the subject matter hereof and supercedes and replaces all prior or contemporaneous understanding or agreements, written or oral, regarding such subject matter.
(f) Nothing herein is intended to constitute the parties hereto as partners or as joint venturers, or either as agent of the other, and Licensee may not obligate or bind Licensor.
(g) Any waiver of any provisions of this License will be effective only if in writing and duly executed by each of Licensor and Licensee. The failure to exercise, or delay in exercising, a right, power or remedy provided by this License or by law shall not constitute a waiver of that right, power or remedy. No waiver by either party, whether express or implied, of any provision of this Agreement, or of any breach or default thereof, shall constitute a continuing waiver of such provision or of any other provision. Each parties rights and remedies hereunder are cumulative.
Should you have any questions concerning this Agreement, please contact LICENSOR via firstname.lastname@example.org.