This License Agreement (“Agreement) is between you and BestInDesignTemplates, a division of Level Up Technology (“BestInDesignTemplates”). Read this Agreement in its entirety before you purchase a license for a BestInDesignTemplates product. By purchasing a license for a product from this website you agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of your employer, the license granted and restrictions recited apply to your employer and to you as a representative of your employer.
- Grant of License. Subject to your compliance with the terms of this Agreement:
- BestInDesignTemplates grants to you or your employer a non-exclusive, non-sublicensable, non-transferable, worldwide right to use the product you purchase (“Product”) and create derivative works subject to the Restrictions in paragraph 2 below.
- You may have the Product customized, edited and reproduced by service providers or subcontractors, such as graphic designers and printers as long as your service providers or subcontractors agree to abide by the provisions of this Agreement.
- You may distribute electronic files as long as the recipient does not create new derivative works from those files.
- You may display your customized Product (“Derivative Work”) on your website, in emails and printed products provided that they are substantially edited reproductions of the Product.
- The only right granted to you is the right to use the Product in accordance with this Agreement.
- All rights not expressly granted to you in this Agreement are specifically reserved to BestInDesignTemplates.
- Restrictions. Your rights to use Product(s) are limited in the following manner, in addition to any other restrictions provided in this Agreement or by law:
- You may not represent or imply that you are the original creator of the Product.
- Except as described in the grant of license in Section 1 above, you may not post any Product, depiction or portion thereof online or on a private network or place any Product or Derivative Work online in a downloadable format or as an editable web-to-print template, whether or not you represent the Product as the work of BestInDesignTemplates or others, or offer any Product or Derivative Work for sale or other such distribution without obtaining a special license or written permission to do so from BestInDesignTemplates.
- The images contained in the Product may only be used by you in connection with the Products and for no other purpose. Use of a Product in a manner not specifically authorized by this Agreement constitutes an infringement of our proprietary rights and those of our third party licensors and will subject you to infringement damages.
- Product(s) are licensed with no rights protection on a non-exclusive basis. BestInDesignTemplates gives no rights or warranties with regard to the use of names, trademarks, registered or copyrighted designs, elements or works of art depicted or contained in any image in any Product,
and you must satisfy yourself that all of the necessary rights or consents, as may be required for your use of the Product(s), are obtained.
- Pornographic, defamatory or otherwise unlawful use of Product(s) is strictly prohibited, whether directly or in context or juxtaposition with specific subject matter.
- Unauthorized Use. Use of the Product(s) in a manner not specifically authorized by this Agreement constitutes an infringement of our and our third party licensors’ proprietary rights and will subject you to infringement damages. Use of the Product(s) in a manner that is contrary to a restriction stated in this Agreement is prohibited.
- Termination and Revocation. BestInDesignTemplates may automatically terminate the license contained in this Agreement if you fail to comply with any provision of this Agreement. Upon notice of termination you must immediately (i) stop using the Product(s), and (ii) delete or
otherwise destroy any files containing the Product(s) from your systems and storage. In addition, BestInDesignTemplates reserves the right to
revoke the license to use the Product(s) for good cause and replace such Product with an equivalent substitute Product(s).
- Quality and Condition of Products. BestInDesignTemplates shall not be liable for any loss or damage suffered by you or any third party, directly or indirectly, arising from any alleged or actual defect of the Product or in any way from the reproduction of Derivative Works therefrom. You are solely responsible to check the Products before reproducing them to insure that the Product works as expected.
- Copyright. BestInDesignTemplates and its licensors own and retain all copyrights in and to the Product, including any images contained in the Product. You may not copy, modify, sell or distribute all or any part of the Product except as expressly authorized in this Agreement. The Product is protected by United States and international copyright laws and treaties. Unauthorized reproduction, modification, sale or distribution may subject you to civil and criminal penalties.
- No Warranties. BestInDesignTemplates MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BestInDesignTemplates SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY
GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, LOST PROFITS OR OTHER DAMAGES ARISING OUT OF THIS LICENSE OR OTHERWISE.
- Limitation of Liability. BestInDesignTemplates’ liability to you based on any cause of action or theory of liability shall be limited to the sum invoiced and paid by you for the use of the particular Product involved. Some states or jurisdictions do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you.
- License Non-Transferable. The license granted to you under this Agreement may not be assigned. It is personal to you or your employer.
- Unauthorized Use of the Product. You agree to indemnify, defend, and hold BestInDesignTemplates, its third party licensors, and their respective directors, officers, affiliates and representatives harmless against any claim for damages, losses or any costs, including attorneys’ fees, arising in any manner whatsoever from the unauthorized use of the Product or portion thereof, or for the breach of any of the terms of this Agreement. BestInDesignTemplates agrees to indemnify, defend, and hold you harmless, and your respective directors, officers,
affiliates and representatives, against any claim for damages, losses or any costs, including attorneys’ fees, arising from claims by third parties that the Product(s) or portion thereof, as provided to you by BestInDesignTemplates, infringe upon a third party’s intellectual property rights.
- Other Terms.
- No variation of any of the terms in this Agreement shall be effective unless agreed to in writing by BestInDesignTemplates and you.
- No action of BestInDesignTemplates, other than an express written waiver, may be construed as a waiver of any clause of this Agreement. If BestInDesignTemplates waives any specific part of this Agreement, such waiver does not mean that any other part is waived. Should any clause of this Agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect.
- This Agreement, its validity and effect shall be interpreted under and governed by the laws of the State of California, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in state or federal courts in the state of California and each party consents to the exclusive jurisdiction of these courts. Notwithstanding the foregoing, BestInDesignTemplates shall
have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief if, in the opinion of BestInDesignTemplates, such action is necessary or desirable. If BestInDesignTemplates is required to enforce BestInDesignTemplates’ rights as a result of any breach of this Agreement, whether a lawsuit is filed or not, it shall be made whole by you for reasonable legal fees and costs incurred.