end user license agreement

MMKGraphics

THIS END USER LICENSE AGREEMENT ("LICENSE AGREEMENT") APPLIES TO ALL EDUCATIONAL PRODUCTS ("LICENSED PRODUCT") OBTAINED FROM BRAD BUTTRY, MMKGraphics, OR THEIR LICENSED RESELLER. BY PAYING THE LICENSE FEE FOR LICENSING A MMKGRAPHICS PRODUCT YOU ARE AGREEING TO THESE TERMS. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS LICENSED PRODUCT. MMKGRAPHICS IS WILLING TO LICENSE ITS EDUCATIONAL PRODUCT TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. MMKGRAPHICS EXPRESSLY DOES NOT AGREE TO LICENSE THIS LICENSED PRODUCT TO YOU UNLESS YOU ASSENT TO THIS AGREEMENT. OPENING THE PACKAGING OF THIS LICENSED PRODUCT INDICATES THAT YOU, AN INDIVIDUAL OR ENTITY INCLUDING EMPLOYEES, AGENTS AND REPRESENTATIVES, HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND ACKNOWLEDGES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST PROMPTLY CEASE USE OF THE LICENSED PRODUCT.

1. LICENSE. This End User License Agreement ("License Agreement") governs the use of the contents of the product(s) provided to you by MMKGraphics, or their licensed distributor. The contents are referred to as the "Licensed Product" or "Software." The contents, some of which is for use with Adobe Photoshop software, may include, though is not limited to, the following components ("Materials"): custom brushes; QuickTime movies; DVD movies; printed materials; media access keys; and tutorial images, comprising JPG, TIFF, PSD or RAW files. All rights to the Licensed Product, including but not limited to the Materials comprising the Software, are proprietary; MMKGraphics retains all copyrights. MMKGraphics holds title to each copy of the Software. MMKGraphics ("Licensor") grants you, the licensed end user ("Licensee") a single, non-exclusive, non-transferable license to use the Software subject to the terms and conditions of this License Agreement. You may use this Licensed Product on a single computer or terminal for personal use only. All rights not expressly granted to the Licensee or are expressly reserved by the Licensor. Nothing in this License Agreement grants or transfers to you or to any third party any ownership rights in the Licensed Product, including software and other intellectual property rights. Except as specifically set forth in this License Agreement, MMKGraphics owns and retains all right, title, and interest in the Licensed Product and any and all related materials.

2. RESTRICTIONS. You are NOT permitted to:
i.) RENT, LEND, LEASE, LICENSE, SUB-LICENSE, TRANSFER, DISTRIBUTE, GRANT OR ASSIGN ANY RIGHTS TO THIS SOFTWARE, THE CONTENTS OF THE LICENSED PRODUCT, OR ANY ACCOMPANYING FILES OR MATERIALS, PRINTED OR DIGITAL, TO ANY THIRD PARTY OR ANY OTHER PERSON.
ii.) Copy, download, upload, or otherwise reproduce or replicate the Licensed Product in any medium, including, without limitation, online transmissions, local area networks, wide area networks, intranets, extranets and the Internet, in any way, in whole or in part, except for the sole purpose of copying onto a single computer for a single user. You are prohibited from making another copy of the Licensed Product for any reason.
iii.) Alter, modify or adapt the Licensed Product, including but not limited to reverse engineering, decompiling, or disassembling, or creating derivative works, any part of the Licensed Product or accompanying Materials, subject to applicable law.
iv.) Use any of the Materials provided as part of the Licensed Product in a commercial product, or in an art contest entry, when the main character or principal value of the finished design is the Materials themselves.
v.) Use any of the Materials provided as part of the Licensed Product in consumer merchandise, whether for wholesale or retail. Consumer merchandise includes, but is not limited to, fabrics, greeting cards, stationary, posters, wrapping and wallpaper, house wares, wearing apparel or gift items.
vi.) Use any of the Materials provided as part of the Licensed Product, or the Licensed product itself, to enter into a competing business, whether directly or indirectly, or to create like or derivative products that substitute for or compete with MMKGraphics products. This restriction includes sub-licensing, re-selling, renting or distributing this Software, the Materials or any derivative works.
vii.) Use the Materials in a logo, trademark or service mark.
viii.) Alter, remove obscure or obstruct the display of any copyright, trademark, end user license agreement or other proprietary notice on or in the Licensed Product and associated Materials.
If you have questions regarding use of this Licensed Product contact MMKGraphics.
THIS AGREEMENT SHALL AUTOMATICALLY TERMINATE IN THE EVENT OF UNAUTHORIZED TRANSFER, DISTRIBUTION OR USE OF THIS SOFTWARE.

3. LIMITATION OF LIABILITY. THE LICENSED PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH LICENSEE. IN NO EVENT WILL MMKGRAPHICS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DAMAGES. MMKGRAPHICS SOLE OBLIGATION WITH RESPECT TO CLAIMS OF NONCONFORMANCE WITH THE ABOVE WARRANTIES, OR LIABILITY FOR DAMAGES TO YOU FOR ANY CAUSE WHATSOEVER RELATED TO THIS TRANSACTION, REGARDLESS OF THE FORM OR ANY CLAIM OR ACTION, SHALL BE LIMITED TO THE LICENSE FEES PAID FOR THE LICENSED PRODUCT.

4. This Agreement shall be governed by the laws of the State of Oklahoma. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

THE LICENSEE ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. THE LICENSEE FURTHER AGREES THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LICENSEE AND LICENSOR, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.