END USER LICENSE AGREEMENT
Thanks for licensing media from Post
Holes. Here’s what you may and may not do with it, whether
you obtained it by download, on CD-ROM, on DVD, or in any
other format.
“Post Holes Media” means any recorded images and/or
sounds in any format obtained directly or indirectly from
Post Holes.
“Derivative Work” means any separate work you
produce in any format that uses or incorporates any Post Holes
Media, whether modified or not.
“Retail Product” means a Derivative Work that
is reproduced by you and offered for sale commercially.
License
Upon payment of the agreed fees, you are granted a non-exclusive,
non-transferable, perpetual and royalty-free license to use
and modify the Post Holes Media, subject to the following
terms and conditions.
Single Installation
This license only allows you to load and use Post Holes Media
on one computer at any one time. You may not rent, lease,
lend, sell or sublicense Post Holes Media to another person,
company or other entity. If you use Post Holes Media in your
work for an employer, then your employer is bound by this
license agreement. In that case, another employee may use
the Post Holes Media, but it still may only be installed or
used on one computer at any one time. Please contact Post
Holes if you are interested in a multi-seat site license.
Permitted Uses
· Post Holes Media is intended for you to use to enhance
your own work. Accordingly, images and sounds from the Post
Holes Media, in modified or unmodified form, may be incorporated
into Derivative Works you produce, such as a film, video,
animation, advertisement, live performance, network broadcast,
internet presentation, or print project, so long as the Derivative
Work is for your own use or the use of your employer, or is
for your customer who is the end-user and will not be reselling
the Derivative Work.
In addition, the Post Holes Media, in modified or unmodified
form, may be incorporated into Derivative Works that are packaged
and sold by you or your customer as a Retail Product, so long
as the Post Holes Media does not comprise more than 25% of
the total imagery used in the finished Derivative Work, and
the primary value of the Derivative Work does not come from
the Post Holes Media.
Please contact Post Holes if you are interested in special
licensing for additional rights. Under no circumstances may
Post Holes Media or any Derivative Work you produce with it
be offered for sale or sold as stand-alone backgrounds, stock
or effects imagery elements, or included in any stock media
library, collection, or set of clips for distribution or resale.
Marketing and Promotion
Unless we receive written notification from you to the contrary,
you hereby grant Post Holes the right to use your name and/or
to display any of your Derivative Works that incorporate any
of the Post Holes Media, with appropriate credit to you, at
tradeshows, in on-line or print catalogs, and in other formats
for marketing, educational or promotional purposes as examples
of customer usage.
Special Limitations
The Post Holes Media may not under any circumstances be used
in or in conjunction with pornographic, defamatory, obscene,
fraudulent, libelous, infringing, immoral, or illegal material.
Ownership
You acknowledge that Post Holes owns all rights to the Post
Holes Media, including all rights arising under patent law,
copyright law, trade secret law, trademark law, unfair competition
law, and any and all other proprietary rights. No title to
or other ownership of any intellectual property rights in
the Post Holes Media is transferred to you by this license.
Warranties
Post Holes warrants the Post Holes Media to be free from defects
in material and workmanship for 60 days from delivery. Your
sole and exclusive remedy for a breach of this warranty is
the replacement of The Post Holes Media or a refund of the
purchase price, at the option of Post Holes.
Post Holes also warrants that use of the Post Holes Media
as allowed in this Agreement will not infringe the intellectual
property rights of any third party. Your sole and exclusive
remedy for a breach of this warranty is the replacement of
The Post Holes Media with non-infringing media, or a refund
of the purchase price, at the option of Post Holes.
POST HOLES MAKES NO OTHER WARRANTIES OR REPRESENTATIONS WITH
REGARD TO THE POST HOLES MEDIA AND ANY IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE
HEREBY DISCLAIMED.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE
TO STATE AND JURISDICTION TO JURISDICTION.
Liability
IN THE EVENT OF ANY BREACH OF WARRANTY BY POST HOLES, SUCH
LIABILITY WILL IN NO EVENT RESULT IN RECOVERY OF ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE
DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR ANY OTHER PECUNIARY LOSS. THIS LIMITATION
APPLIES NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY
LAW.
SOME STATES OR OTHER JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
AND EXCLUSIONS MAY NOT APPLY TO YOU.
Licensee Indemnity
You agree to indemnify and hold Post Holes harmless from
and against any damages or liability of any kind to Post
Holes arising from (a) your use of the Post Holes Media
in any form, (b) any breach of the terms and conditions
of this Agreement, or (c) your negligent act or omission
or willful misconduct. All license rights granted pursuant
to this Agreement shall automatically terminate upon your
breach of this Agreement.
Enforceability
If any part of this Agreement is found void and unenforceable,
it will not affect the validity of the balance of the Agreement,
which shall remain valid and enforceable according to its
terms.
Governing Law
This End User License Agreement is governed by and construed
in accordance with the law of the State of North Carolina,
applied without regard to its conflict of laws provisions.
Other Stuff
This End User License Agreement constitutes
the entire agreement between us regarding the Software and
your use of it, and supersedes and replaces any prior or
contemporaneous understandings or agreements, written or
oral, with regard to the Software. Any waiver of any provision
of this End User License Agreement will be effective only
if in writing and signed by Post Holes.
I ACCEPT AND AGREE TO THE ABOVE TERMS,
AND AM WILLING TO USE THE POST HOLES MEDIA SUBJECT TO THE
ABOVE CONDITIONS.
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