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| Home » PIXELARTS & ANIMATION PVT. LTD. , . Royalty-Free End User License Agreement (EULA) |
PIXELARTS & ANIMATION PVT. LTD. , . Royalty-Free End User License Agreement (EULA)
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| THIS IS A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU AND PIXELARTS & ANIMATION PVT. LTD. ("LICENSOR").
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION TO YOUR ACCESS TO AND USE OF ANY "PRODUCTS" FROM PIXELARTS & ANIMATION PVT. LTD.
BY ACCEPTING AND USING LICENSOR'S ROYALTY-FREE PRODUCTS AND BY CLICKING THE "I ACCEPT" BUTTON, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
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| 1. LICENSE |
| Definitions |
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"Product" or "products" are any images, animations, photographs,films,clipart, videos or other audio/visual representations recorded in any format , that are owned or controlled by PIXELARTS & ANIMATION PVT. LTD. |
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"Licensee" means you, your employer, and/or your client (if you are an agent acting on behalf of a client). |
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"Authorized Distributor" means any distributor that Licensor has authorized to distribute Licensor's Product. |
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"Royalty Free" means aside from the one time purchase price ,no further fees or compensation are due , regardless of how many times the products are used or how many projects they are used for, provided that they may be used by only a single user in accordance with the terms and conditions of this Agreement. |
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"Restrictions" indicate some of the specific uses for the products that are NOT allowed.
Any use of the products that is not expressly permitted by this Agreement is not allowed. Please note that special licensing to obtain additional rights is available by contacting PIXELARTS & ANIMATION PVT. LTD.
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| License Grant: |
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You are granted a limited, non-exclusive, non-transferable, non-sublicensable Royalty Free license to use and modify the products , subject to the terms and conditions below. |
| Single User License: |
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The products may only be modified or used on one computer at any one time.Anything you produce using the products must be for your own use, or for the use of your employer, client or customer, who must be the end-user of your work. THIS IS NOT A SIMULTANEOUS USE LICENSE. Please Contact PIXELARTS & ANIMATION PVT. LTD. for a multi-seat site license if you need to use the products over a network for multiple users. |
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The products may be incorporated into a derivative work such as a film feature, video, broadcast, multimedia work, advertisement, live performance, internet website, presentation or print project. |
| Restrictions: |
| You may NOT: |
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a) Sublicense, distribute, transfer or assign the products or rights to the products Reverse engineer, decompile, translate, or disassemble any part of the products. Doing so will be viewed as an attempt to distribute the products in violation of this Agreement. |
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b) Use the products , or any part of the products , as part of a trademark, service mark, or logo. PIXELARTS & ANIMATION PVT. LTD. or its licensors retain the full rights to the products , and therefore you cannot establish your own rights. |
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c) Use the products to compete with PIXELARTS & ANIMATION PVT. LTD. . PIXELARTS & ANIMATION PVT. LTD. is in the business of licensing products to its customers. It is the specific intent of this provision to prohibit you from using the products to enter, either directly or indirectly, a similar or competing business. |
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d) Use the products in any downloadable format intended for multiple distribution including, without limitation, Web site templates, software products, e-greetings, etc. You may contact PIXELARTS & ANIMATION PVT. LTD. to find out about a special license for such use. |
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e) Use the products in any way that could be considered defamatory, pornographic, libelous, immoral, obscene , fraudulent, or illegal, either by making physical changes to it, in the juxtaposition to accompanying text or images, or otherwise. |
| Credit: |
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When incorporating the products in film features, broadcast productions, or video products, PIXELARTS & ANIMATION PVT. LTD. kindly requests a credit line that reads "PIXELARTS & ANIMATION PVT. LTD. DIGITAL PRODUCTS ". |
| Marketing and Promotion: |
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Unless PIXELARTS & ANIMATION PVT. LTD. receives written notification from you to the contrary, you hereby grant PIXELARTS & ANIMATION PVT. LTD. the right to display any derivative works within your possession or control that incorporate one or more of the products at tradeshows, in collateral, and/or via electronic distribution for PIXELARTS & ANIMATION PVT. LTD.'s marketing, educational, and promotional purposes as examples of customer usage. At your request, PIXELARTS & ANIMATION PVT. LTD. will identify you as the author of such derivative work. |
| Ownership: |
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All rights, title and interest in the products , including any updates or revisions thereto, is and shall remain the exclusive property of PIXELARTS & ANIMATION PVT. LTD. , its licensors and their successors and assigns. Other than the limited license explicitly set forth in this Agreement, no interest in, or rights or licenses to the products are granted to you and no interest in, or rights or licenses to the products shall inure in or accrue to you, whether by implication, estoppel or otherwise. All rights of any kind in the products which are not expressly granted in this Agreement are entirely and exclusively reserved to and by PIXELARTS & ANIMATION PVT. LTD. , its licensors and their successors and assigns. |
| Limitation on Liability: |
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PIXELARTS & ANIMATION PVT. LTD. will not be liable to you for any special, indirect, consequential, punitive, or incidental damages (including, without limitation, damages for loss of profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the products . PIXELARTS & ANIMATION PVT. LTD’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PARTICULAR products. Your rights may vary from state to state. |
| Indemnity: |
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You agree to indemnify and hold PIXELARTS & ANIMATION PVT. LTD. , its licensors, and their officers, directors, agents and employees, harmless from and against any claims, demands, losses, damages, liabilities or expenses of any kind arising from your use of the products in any form, any breach of the terms and conditions of this Agreement, or your negligent act, omission or willful misconduct. |
| TERMINATION: |
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A. This License Agreement is effective until it is terminated. |
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(I) This License Agreement will terminate automatically, without notice from PIXELARTS & ANIMATION PVT. LTD., if you fail to comply with any provision of this License Agreement. |
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(II) You can terminate this Agreement by destroying the products , along with any copies or archives, any storage media or accompanying materials (if applicable), and ceasing all use of the products for any purpose. Such termination may not effect payment obligations |
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(III)Your rights under this Agreement shall immediately terminate upon your cessation of business, insolvency, assignment of assets for the benefit of creditors, bankruptcy or appointment of a trustee for all or a portion of your assets. |
| Warranty: |
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PIXELARTS & ANIMATION PVT. LTD. warrants the products to be free from defects in material and workmanship for 30 days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of the products , or a refund of the purchase price, at the option of PIXELARTS & ANIMATION PVT. LTD . PIXELARTS & ANIMATION PVT. LTD. MAKES NO OTHER WARRANTIES OR REPRESENTATIONS WITH REGARD TO THE PRODUCTS AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT ARE HEREBY DISCLAIMED. |
| Severability |
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If any term or provision of this Agreement shall to any extent be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. Each term and provision of the Agreement shall be valid and enforced to the fullest extent permitted by law. |
| Applicable Law; Jurisdiction: |
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This Agreement shall be governed by and construed in accordance with the laws of the State of WEST BENGAL, INDIA, without regard to WEST BENGAL conflict of laws principles. The parties agree that any claim asserted in any legal proceeding by one party against the other shall be commenced and maintained exclusively in a court located within WEST BENGAL, having subject matter jurisdiction with respect to the dispute between the parties (except that a judgment by such courts may be enforced by any court). Both parties hereby submit to the jurisdiction of such courts over each of them personally in connection with such litigation, and waive any objection to venue in such courts and any claim that such forum is an inconvenient forum. |
| Injunctive and Other Equitable Relief: |
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You agree that the remedy at law for any breach or threatened breach of this Agreement by you would, by its nature, be inadequate, and that in such case PIXELARTS & ANIMATION PVT. LTD. will be entitled, in addition to damages, to a restraining order, temporary and permanent injunctive relief, specific performance and other appropriate equitable relief, without showing or providing that any monetary damage has been sustained. |
| Assignment: |
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You may not assign or otherwise transfer this Agreement or any rights hereunder without the prior written consent of PIXELARTS & ANIMATION PVT. LTD. . A transfer of controlling interest in any entity shall constitute an assignment. |
| Entire Agreement: |
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This is the entire agreement between the parties with regard to the subject matter hereof. It supersedes all prior or contemporaneous agreements, understandings, or representations with respect to the products . This Agreement may not be modified or amended except in a writing signed by both parties. Any preprinted terms on your purchase order shall be given no force or effect and no terms of a purchase order that conflict with this Agreement shall be binding on PIXELARTS & ANIMATION PVT. LTD. |
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