The computer software, animations, stock video, still image sequences, images, printed materials and other files contained in this electronic download or on this CD or DVD (collectively the "DATA") are proprietary and copyrighted. This copyright is protected under U.S. and International copyright law. All rights to this material are owned and reserved by Innovative Video Services (referred to as “FX4Video.com”) except to the extent that the right to use such material is specifically granted by this license.
END USER LICENSE AGREEMENT
This is a legally binding, non-exclusive, license agreement between YOU and Ron Bridegroom, the owner of Innovative Video Services, who are the developers of the FX4Video media.
Please read this agreement carefully before purchasing the product. By purchasing the product you are agreeing to become bound by the following terms of this agreement:
1.) The DATA may only be used on ONE computer at any one time. For use on more than one computer at a time or for use and/or storage on a network designed for more than one user you must obtain a multi-user license from FX4Video.com. Please contact us at email@example.com for purchasing information.
2.) The DATA may be used, altered or incorporated according to the guidelines described herein into any work (including broadcast, commercial, industrial, educational and personal) that is created by YOU provided that the work is not then sold or distributed as either a single background, animation or effect or as part of any background/animation/effects library, collection, set or product or used in any manner to damage the profits of FX4Video.com or compete with FX4Video.com or this product.
3.) The DATA may not be used in a defamatory, scandalous, illegal, misleading or otherwise unlawful manner and may not be used in conjunction with pornographic material.
4.) The DATA may not be made available or transferred to third parties through the use of on-line services or networks. YOU may not sub-license, loan, give or transfer any part, or the whole, of the DATA or a copy thereof (except in accordance with the permitted use in a work created by YOU) to another person or company
5.) This license does not grant you any right to use logos or trademarks.
6.) You agree to indemnify Innovative Video Services and its owners, officers, employees and agents ("Those Indemnified") for any and all losses, damages, liabilities, claims, costs or expenses, including reasonable attorney’s fees, incurred directly or indirectly by Those Indemnified in connection with the use of the DATA for any unlawful, unauthorized or prohibited purpose.
7.) YOU may make one (1) copy the DATA solely for backup purposes.
8.) All sales of FX4Video products are final.
DISCLAIMER OF WARRANTIES. FX4Video.com disclaims all other warranties, express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose and noninfringement.
OTHER WARRANTIES EXCLUDED. FX4Video.com shall not be liable for any direct, indirect, consequential, exemplary, punitive or incidental damages arising from any cause even if FX4Video.com has been advised of the possibility of such damages. Certain jurisdictions do not permit the limitation or exclusion of incidental damages, so this limitation may not apply to you. In no event will FX4Video.com be liable for any amount greater than what you actually paid for the DATA.
TERMINATION. This Agreement is effective until terminated by FX4Video. This Agreement will terminate automatically without notice from FX4Video.com if you fail to comply with any provision of this Agreement. Upon termination you shall destroy all copies of the DATA, including modified copies, if any.
GENERAL. This Agreement shall be governed by and construed in accordance with the laws of the State of California and the Federal Arbitration Act and shall benefit FX4Video.com, its successors and assigns. Any claim or dispute between you and FX4Video.com shall be resolved by binding arbitration in Simi Valley, CA by and under the rules of the American Arbitration Association. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
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