Texturefly End User (Single User) License Agreement
THIS LICENSE AGREEMENT DEFINES YOUR RIGHTS AND OBLIGATIONS. PLEASE READ BEFORE USING.
THIS LIMITED USE LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND TEXTUREFLY. BY RECEIVING THE PRODUCT OR INDIVIDUAL IMAGES ELECTRONICALLY YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
ONCE DELIVERY HAS BEEN RECEIVED ELECTRONICALLY, ALL SALES ARE FINAL, NO REFUNDS.
Grant of License. This license is not a sale. Texturefly grants you the non-exclusive, non-transferable license to use the images downloaded (herein called the "Product") subject to the conditions contained herein. You may not use this product as a rental, loan, disseminate, publish electronically or by printed media, sell, sublicense, assign, transfer, or grant any rights to this Agreement or the images contained hereon, or grant rights to any compilation, derivative or collective work containing such images to any other person or organization without prior written consent of Texturefly.
The following usage rights are allowed:
1. You may physically transfer of the Product from one computer to another, provided the Product is used on only one computer at a time.
2. Installation of the Product is allowed on only one computer at a time.
3. You may make one copy the Product for backup purposes.
4. You may use the Product in a network environment, provided there is only one user accessing the imagery at one time. Multiple users, or multiple office locations in your network must purchase a Network/Multi-User License.
You are prohibited from:
1. You cannot use the Product on more than one computer at a time.
2.You cannot use the Product on a network where more than one user is accessing the imagery at one time.
3.Using or pemitting the use of images from this Product or any part thereof, as a service mark, trademark or claiming any proprietary rights in the images or any part thereof.
4. You cannot post or permit any image or images from this Produce on any websie, blog, electronic bulletin board or "virtual world" enterprise.
5.Selling the Product, renting, leasing or lending said Product, publishing the Product electronically or distributing it BY ANY MEANS.
6.You cannot distribute or permit the distribution of any image from the Product as freeware or at a cost, singularly or composite graphic, in any downloadable form, or in any image size for file format.
7. Using, or allowing any other person to use this Product to create pornographic defamatory, obscene or libelous images.
8.You cannot distribute or sell any image or images from this Product as stock files either alone or as a part of a digital file library or another product.
9.You cannot use or permit usage of the images from this Product, including derivative works, in any product for sale or resale without written permission from Texturefly.
Copyright. Title and all copyrights, trademarks and all other conceivable intellectual property rights related to the Product, documentation and any copy made by you are owned by Texturefly and are protected by United States copyright laws, international treaty provisions and all applicable law. Unauthorized copying or transmission to others of the Product or failure to comply with the above restrictions, will result in automatic termination of this license.
Warranty. TEXTUREFLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF THE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCT. TEXTUREFLY DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE PRODUCT WILL MEET YOUR SPECIFIC REQUIREMENTS AND IS DELIVERED "AS IS" AND WITH ALL FAULTS. ADDITIONAL STATEMENTS SUCH AS PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY TEXTUREFLY AND SHOULD NOT BE RELIED UPON.
Warranty on Product shall be limited to replacement of a defective Product only. Verification of original purchase required. For replacement of defective Product contact: Texturefly at at firstname.lastname@example.org.
Limitation of Liability: TEXTUREFLY AND ITS DISTRIBUTORS, RESELLERS, OR AGENTS WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, OR OTHER SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES ARISING FROM THE USE OF THE PRODUCT, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF TEXTUREFLY, ITS DISTRIBUTORS OR AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Termination. This license is in force until it is terminated. If you fail to comply with any terms of this Agreement, your license is automatically terminated, without notice. Upon termination, you must destroy all copies of the Product and documentation in your possession, custody or control.
US Government Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013.
General Provisions. The user may not sublicense, assign or transfer this Agreement or the Product. This Agreement will be governed by the laws of the State of Arizona This Agreement is the entire Agreement between us and supersedes any other communications or advertising with respect to the Product. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT. YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN TEXTUREFLY AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN TEXTUREFLY AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
A Network/Multi-User License is required for multiple users or those in an environment with more than one user. Please contact email@example.com for more information
Use of our imagery and products for resale requires a separate license specific to your needs. Please contact firstname.lastname@example.org
If you need clarification or have any questions, or have any special licensing requests, please contact us at email@example.com.