IN ADDITION, IN NO EVENT SHALL DIGILABS INC, OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF THE SOFTWARE.ĬOPYRIGHT LAWS OF THE UNITED STATES GOVERNS THE MAKING OF COPIES OR OTHER REPRODUCTIONS OF COPYRIGHTED MATERIAL. ANY LIABILITY OF DIGILABS INC WILL BE LIMITED EXCLUSIVELY TO REFUND OF PURCHASE PRICE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. THE USER MUST ASSUME THE ENTIRE RISK OF USING THE PROGRAM. THIS SOFTWARE, AND ALL ACCOMPANYING FILES, DATA AND MATERIALS, ARE "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. LIMITED WARRANTY AND LIMITATION OF LIABILITY
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I) Digilabs maintains the right, and the user agrees, to the monitoring of the usage of the software to insure it is used in accordance with the license purchased.
H) You may not copy, sublicense, distribute or otherwise transfer all or any portion of the Software to third parties. G) You may not loan, rent, lease, modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software. It does not allow the duplication, distribution or selling of the software itself or the usage of the software in or as a part of a web based service.Į) The duplication or distribution of the software to third parties requires a special license that is not covered by the above "Commercial version" license and may not be done without a prior written consent from Digilabs Inc.į) All rights of any kind in the Software which are not expressly granted in this License are entirely and exclusively reserved to and by Digilabs Inc. It covers the use of the software for creating calendars or cards that are sold, donated or exchanged for services, or as a contribution to third parties. in case of using a non commercial version in a commercial way as defined in "Commercial version" you agree to pay Digilabs an annual Licensing fee equal to $5000 or 20% of revenue generated using the software the highest of the two.Ĭ) You may not make access to the Software available to others in connection with a service bureau, application service provider, or similar businessĭ) The "Commercial version" license hereby grants a license to up to 2 users or computer systems. The use of the software is for creating calendars or cards that are for private and internal business use only. This Software may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation not used simultaneously by multiple people, but not both. grants to the Licensee, a non-exclusive, nontransferable, right to use the Software in accordance with the license purchased.ī) The "Non Commercial Version" license hereby grants a Single User License up to 2 activations. (The License)Ī) In condition that the license fee was paid in full, Digilabs Inc. This software may be used to create an unlimited number of calendars or cards in a form of files of printed pages subject to the term of this agreement. This Agreement is the complete statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. If you do not agree to the terms and conditions of the Agreement, discontinue use of the Software immediately. “You” shall mean any individual or entity using or installing the Software (hereafter referred to as “Licensee”)Īgreement constitutes the complete agreement between you and Digilabs Inc. (also known as My Photo Creations hereafter referred to as "Software"), you are agreeing to be bound by the terms and conditions of this License Agreement.
Software Licensing Agreementīy downloading, using or installing this software product created by Digilabs, Inc.
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