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.
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.
For example: You can license a flyer template, include your own photos, modify the layout and get it printed to promote your event.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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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