Regular License, Intellectual Property Code, and Copyright


1. Acceptance

The Regular License grants you, the purchaser, an ongoing, non-exclusive, worldwide license to make use of the digital work (collectively the "Copy") you have selected. The Copy whether on disk, in read only memory, on any other media or in any other form are licensed, not sold, to you by Briding Gaps Software, LLC (a.k.a "BGS") for use only under the terms of this License, and BGS reserves all rights not expressly granted to you. The rights granted herein are limited to BGS's intellectual property rights in the BGS Copy and do not include any other patents or intellectual property rights. Read the rest of this license for the details that apply to your use of the Copy.

2. Permitted License Uses and Restrictions

This License allows you to download and use one (1) copy of the digital work to create one single End Product* for yourself or for one client (a “single application”), and the End Product can be distributed for Free. Breaching this provision would certainly terminate the license and would render the user liable for damages for further use. Although it is hard to see what damages, if any, BGS would suffer from such unauthorized use beyond the sales price of another unit of the Copy, such use could obviously lead to more substantial forms of infringement through the creation and distribution of derivative works.

    *End Product: an End Product is one of the following things, both requiring an application of skill and effort.
    (a)For a Copy that is a template, the End Product is a customised implementation of the Copy.
    For example: the Copy is a website template and the end product is the final website customised with your content.
    (b)For other types of Copy, an End Product is a work that incorporates the Copy as well as other things,
    so that it is larger in scope and different in nature than the Copy.
    For example: the Copy is a button graphic and the end product is a website.
  

  1. You can create one End Product for a client, and you can transfer that single End Product to your client for any fee. This license is then transferred to your client.
  2. You can make any number of copies of the single End Product, as long as the End Product is distributed for Free.
  3. You can modify or manipulate the Copy. You can combine the Copy with other works and make a derivative work from it. The resulting works are subject to the terms of this license. You can do these things as long as the End Product you then create is one that's permitted under "*End Product".
            For example: You can license a flyer template, include your own photos, modify the layout and get it printed to promote your event.
          
  4. You can't Sell the End Product, except to one client. (If you or your client want to Sell the End Product, you will need the Extended License.)
  5. You can't re-distribute the Copy as stock, in a tool or template, or with source files. You can't do this with an Copy either on its own or bundled with other copies, and even if you modify the Copy. You can't re-distribute or make available the Copy as-is or with superficial modifications. These things are not allowed even if the re-distribution is for Free.
            For example: You can't purchase an HTML template, convert it to a WordPress theme and sell or give it to more than one client.
            You can't license an Copy and then make it available as-is on your website for your users to download.
          
  6. You can't use the Copy in any application allowing an end user to customise a digital or physical product to their specific needs, such as an “on demand”, “made to order” or “build it yourself” application. You can use the Copy in this way only if you purchase a separate license for each final product incorporating the Copy that is created using the application.
            Examples of “on demand”, “made to order” or “build it yourself” applications: website builders, “create your own” slideshow apps, and e-card generators.
            You will need one license for each product created by a customer.
          
  7. Although you can modify the Copy and therefore delete unwanted components before creating your single End Product, you can't extract and use a single component of a Copy on a stand-alone basis.
            For example: You license a website template containing icons. You can delete unwanted icons from the template.
            But you can't extract an icon to use outside of the template.
          
  8. You must not permit an end user of the End Product to extract the Copy and use it separately from the End Product.
  9. You can't use a Copy in a logo, trademark, or service mark.
  10. If the Copy contains licensed components, those components must only be used within the Copy and you must not extract and use them on a stand-alone basis.
  11. If the Copy was created using materials which are the subject of a GNU General Public License (GPL), your use of the Copy is subject to the terms of the GPL in place of the foregoing conditions (to the extent the GPL applies).
  12. THE Copy IS NOT INTENDED FOR USE IN WHICH THE FAILURE OF THE Copy COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
  13. You can only use the Copy for lawful purposes. Also, if an Copy contains an image of a person, even if the Copy is model-released you can't use it in a way that creates a fake identity, implies personal endorsement of a product by the person, or in a way that is defamatory, obscene or demeaning, or in connection with sensitive subjects.

3. Transfer

You may not rent, lease, lend or sublicense the Copy. You may, however, make a one-time permanent transfer of all of your license rights to the Copy to another party, provided that: (a) the transfer must include all of the Copy, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Copy, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Copy reads and agrees to accept the terms and conditions of this License.

4. Termination

This License is effective until terminated. Your rights under this License will terminate automatically without notice from BGS if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the BGS Copy and destroy all copies, full or partial, of the BGS Copy.

5. No Warranty on Media

THE Copy IS PROVIDED AS IS AND ALL WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. BGS DOES NOT WARRANT THAT THE Copy WILL BE ERROR FREE OR MEET YOUR INDIVIDUAL REQUIREMENTS. WHERE WARRANTY LIABILITIES CANNOT BE EXCLUDED IT IS LIMITED AS SET OUT IN SECTION 7.

6. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE Copy IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Copy IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DANGER AND DANGER'S LICENSORS (COLLECTIVELY REFERRED TO AS "DANGER" FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE Copy, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. DANGER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE Copy, THAT THE FUNCTIONS CONTAINED IN THE Copy WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE Copy WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE Copy WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DANGER SHALL CREATE A WARRANTY. SHOULD THE Copy PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

7. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL DANGER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE Copy, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF DANGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall BGS's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

8. Export Law Assurances

You may not use or otherwise export or reexport the Copy except as authorized by United States law and the laws of the jurisdiction in which the Copy was obtained. In particular, but without limitation, the Copy may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Copy, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

9. Controlling Law and Severability and Choice of Forum

This License will be governed by and construed in accordance with the laws of the State of Arkansas, as applied to agreements entered into and to be performed entirely within Arkansas between Arkansas residents, that is, without giving any effect to the choice of laws provisions of the State of Arkansas. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. You agree that the only courts in which You will bring lawsuits concerning the application or enforcement of this License are courts of competent jurisdiction located in the State of Arkansas and you consent to the exercise of jurisdiction by any such court. This paragraph shall survive in full force and effect regardless of any termination of this License.

10. Third Party Notices and Conditions

The Copy may utilise third party materials (together “Third Party Materials”). Third Party Materials do not form part of the Copy and are provided pursuant to their own licences.
BGS EXPRESSLY EXCLUDES ANY LIABILITY FOR THIRD PARTY MATERIALS USED WITH THE Copy, INCLUDING THE THIRD PARTY MATERIALS DEFINED HEREIN.

11. Complete Agreement; Governing Language

This License constitutes the entire agreement between the parties with respect to the Copy licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by BGS.

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