In this Terms of Service and End User License Agreement (the "Agreement"), "you" means the person or company who is accessing the Artlandia website ("Services") or being licensed to use the Artlandia software ("Software") with the related explanatory and licensing written materials ("Documentation"), and/or royalty-free images ("Images"), collectively and separately referred to as the "Product". "We," "us," and "our" means Artlandia, Inc., its directors, officers, shareholders, employees, agents, and licensors or content providers.
Services may be subject to a separate subscription or other agreement, guidelines, rules, or other terms of service ("Additional Terms"). In case of a conflict between this Agreement and the Additional Terms, the Additional Terms take precedence in relation to the Services.
By using the Services, you affirm that you are at least 18 years of age and legally able to form contracts, or that you have reviewed this Agreement with your parent or guardian who has agreed to these terms on your behalf and takes full responsibility for any results you obtain by using the Services and your compliance with their terms.
Some Services may be made available to you only after you have provided us certain registration information, such as user ID and password ("Account Information"). It is your responsibility to keep your Account Information confidential. You agree not to share your Account Information with any third party or use any Account Information other than your own.
LICENSE GRANT
Contingent on your payment of the appropriate license and/or subscription fees and as long as you comply with the terms of this Agreement, we hereby grant you a non-exclusive license to access Services and use one copy of the Product on any single computer, provided the Product is in use on only one computer at any time.
If the Product contains Documentation that is provided only in electronic form, you may print one copy of such electronic Documentation for your own use. You may not copy the printed materials accompanying the Product.
Additionally, the following are the permitted uses of royalty-free Images. You may:
• make modifications or derivative works of the Images ("Derivative Works"); • incorporate the Images or Derivative Works into your own work, whether personal or commercial, and publish, display, and distribute your work in any media, provided (a) your work is not intended to allow the re-distribution or re-use of the Images, (b) you include not more than six Images in the same work, and (c) you include a copyright notice reflecting on the copyright ownership of both you and us as follows: "Copyright © 20__ [your name] and its licensors. All rights reserved." However, if you incorporate the Images into a work of an editorial nature, for example, a magazine article or book, in printed or electronic form, you must give credit to us as follows: "Copyright © 20__ Artlandia, Inc. Reproduced with permission."
TITLE
We remain the owner of all rights, title, and interest in the Product and Services, including without limitation all copyrights therein, possibly with the exception of portions of the Product included with the permission of other companies that are the owners of those portions, as indicated.
ARCHIVAL OR BACKUP COPIES
You may copy the Product for backup and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Product does not exceed that allowed in the "License Grant" section above.
THINGS YOU MAY NOT DO
The Product is protected by United States copyright laws and international treaties. You must treat the Product like any other copyrighted material--for example, a book.
You may not:
• copy the Documentation; • copy the Software except to make archival or backup copies as provided above; • modify, adapt, or translate the Software or merge it into another program; • reverse engineer, disassemble, decompile, or make any attempt to discover the source code of the Software; • attempt to increase the functionality of the Software in any manner; • attempt to access the Services by any means other than the user interface provided by us; • place the Software onto a server so that it is accessible via a public network such as the internet; or • sublicense, rent, lease, or lend any portion of the Services, Software, or Documentation. Additionally, you may not:
• create scandalous, obscene, defamatory, or immoral works using the Images; • resell, sublicense, or otherwise make available the Images or Derivative Works for use or distribution separately or detached from your work, without our express written permission. For example, you may use the Images as part of your web page, but you may not make Images available for download separately; you may use the Images in a textile product manufactured by you, but you must obtain additional licensing rights from us if you wish to transfer rights to use the Images or Derivative Works to a textile manufacturer.
TRANSFERS
You may transfer all your rights to use the Product to another person or legal entity provided you transfer this Agreement, the Product, including all copies, updates, and prior versions, to such person or entity and that you retain no copies, including copies stored on a computer or other storage device, or Derivative Works permitted by this Agreement. However, you may not transfer your subscription to the Services or education, prerelease, or not-for-resale copies of the Product.
SHARED USER CONTENT
The content that you or other users contribute and share using the Services ("Shared User Content") is not guaranteed by us and is the sole responsibility of the user that makes it available. You should use such content at your own risk.
You are solely and entirely responsible for the content you make available through the Services. By submitting Shared User Content, you represent and warrant that you own the rights, or secured all necessary permissions, to share your Content. You further agree:
• not to use the Services in any manner or for any purpose that infringes or violates someone else's rights or is unlawful, harmful, hateful, abusive, libelous, obscene, or otherwise objectionable, or could damage, disable, or otherwise impair the Services or the work of other users; • not to advertise and market goods or services without our express permission; • not to use robots or other data gathering methods to extract information from the Services; • not to collect, store, or use Shared User Content in a manner that is not explicitly allowed by contributing users.
Additionally you agree to defend, indemnify, and hold us harmless from and against all claims, damages, liabilities, and costs (including, but not limited to, reasonable attorney's fees) resulting from your actions or Content you have submitted to the Services.
You remain the sole owner of all Content you submitted to us. In cases when you explicitly choose to make your Content available publicly as Shared User Content, you grant us a non-exclusive, worldwide, perpetual, royalty-free license to use, transmit, distribute, reproduce, publish, translate, and publicly display your Shared User Content and to incorporate your Content into other materials that are available through the Services. You represent and warrant that you have all the rights, power, and authority to grant us this license. The license is for the sole purpose of enabling us to display, distribute, and promote your Shared User Content and the Services and may be revoked by you by deleting your Content from the Services. Deleting Content may not immediately remove all copies of Content from the Services and may not effect propagation of your Content through the internet that is outside our control.
You agree that we have no liability of any kind should other users use, modify, copy, or distribute your Shared User Content in violation of the terms you may impose.
You further agree that we may derive revenue from Shared User Content without any compensation to you. For example, we may use the Services to display advertisements or otherwise promote other goods or services adjacent to your Shared User Content. We can change the manner in which we derive revenue from the Services at any time, in our sole discretion, without specific notice to you.
By accessing the Services, you may be exposed to Shared User Content that you may find offensive, indecent, or otherwise objectionable. You hereby waive any legal or other remedies you may have against us with respect to such Content and agree to use it at your own risk and hold us harmless in all matters related to your use of the Services.
We provide a way for you to report violations of this agreement and applicable copyright laws to us.
We, in our sole discretion, may, but have no obligation to, review Shared User Content at any time. We shall have the right to remove any Content for any reason, including, but not limited to, if the Content violates this Agreement or any applicable law, and terminate your rights under this Agreement, including your right to use the Services, without prior notice to you.
Content contributed by Artlandia employees shall be considered their respective work or opinions that do not necessarily represent the view of Artlandia, Inc., unless clearly indicated otherwise.
LIMITED WARRANTY
For the physical Product, we warrant that for a period of ninety (90) days after delivery of this copy of the Product to you:
• the physical media on which this copy of the Product is distributed will be free from defects in materials and workmanship under normal use; and • the Software will perform in substantial accordance with the Documentation.
To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, REGARDLESS OF WHETHER WE KNOW OR HAD REASON TO KNOW OF YOUR PARTICULAR NEEDS. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE PRODUCT AND SERVICES ARE FREE FROM ALL BUGS AND OMISSIONS, THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. YOU ACCEPT THE PRODUCT AND SERVICES "AS IS". YOU FURTHER AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICES. WE, OUR DISTRIBUTORS, AND DEALERS SHALL NOT BE RESPONSIBLE UNDER ANY CIRCUMSTANCES FOR PROVIDING INFORMATION ON OR CORRECTIONS TO ERRORS AND OMISSIONS DISCOVERED AT ANY TIME IN THE PRODUCT OR SERVICES, WHETHER OR NOT WE OR THEY ARE AWARE OF THE ERRORS OR OMISSIONS. No employee, agent, dealer, or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.
LIMITED REMEDY
Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either:
• return the price you paid; or • provide you with another opportunity to download the Product or replace the Product or media that does not meet the foregoing warranty if it is returned to us with a copy of your receipt. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING FROM THE USE, OR INABILITY TO USE, THE PRODUCT OR SERVICES (EVEN IF WE OR OUR AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, UNDER STATUTE, AT LAW, OR OTHERWISE) OR FOR ANY CLAIM BY ANY OTHER PARTY.
Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.
MODIFICATIONS
We may at any time modify or discontinue the Services, permanently or temporarily, with or without notice. You agree that we shall not be liable to you or any third party for any disruption, modification, suspension, or discontinuance of the Services.
TERM AND TERMINATION
This Agreement takes effect upon your use of the Product or Services and remains effective until terminated. You may terminate it at any time by destroying all copies of the Product in your possession and closing your user account with us. It will also automatically terminate if you fail to comply with any term or condition of this Agreement. You agree on termination of this Agreement to discontinue the use of Services and destroy all copies of the Product and all Derivative Works, if applicable, in your possession. Termination of this Agreement will not affect any perpetual licenses you have granted to us.
THIRD-PARTY SOFTWARE
The Product may contain third-party software that requires notices and/or additional terms and conditions. Such required third-party software notices and/or additional terms and conditions are located at http://artlandia.com/go/thirdparty and are incorporated by reference into this Agreement.
STUDENT/ACADEMIC LICENSE
If you have purchased a student version of the Product or Services, or have gained access to the Product or Services through an educational or academic license, you may use the Product or Services for non-commercial, educational purposes only as a part of an academic course of study, course work, or in educational laboratory settings.
You can further use the Product or Services to create a student portfolio to demonstrate your skills and talents and show the portfolio to potential employers or exhibit it on your website. However, each design in the portfolio must be accompanied by a statement "Created with a Student Version of ___ [the Product]." You cannot sell or otherwise transfer any rights in any part of your portfolio to any third party without purchasing a regular license.
U.S. GOVERNMENT RESTRICTED RIGHTS
If the Product is supplied to the U.S. Government, use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR 52.227-19 and DFARS 227.7202-1 through 227.7202-4, as applicable.
GENERAL PROVISIONS
1. This written Agreement is the exclusive agreement between you and us concerning the Product and Services and supersedes any prior purchase order, communication, advertising, or representation concerning the Product and Services.
2. This Agreement may be modified only by a writing signed by you and us.
3. In the event of litigation between you and us concerning the Product or Services, the prevailing party in the litigation shall be entitled to recover attorney's fees and expenses from the other party.
4. This Agreement is governed by the laws of the United States and the State of Illinois. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the rest of the Agreement, which shall remain valid and enforceable according to its terms.
SITE LICENSE ADDENDUM
If your rights to use the Product or Services are acquired as a result of a separate Site License Agreement ("Site Agreement"), your use of the Product and Services is governed by the terms of the Artlandia Terms of Service and End User License Agreement as modified by the terms of this Site License Addendum. In the event of any conflict between the terms of the Agreement and this Addendum, the terms of this Addendum shall govern.
1. You may make additional copies of the Product and use the Product or Services on computers in your organization as defined in the Site Agreement. In addition, your Site Agreement may give you the right to install and use the Product on home computers belonging to your personnel.
2. The term of the Agreement shall be the term specified in the Site Agreement.
3. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, YOU MAY NOT TRANSFER THE PRODUCT OR ANY COPY THEREOF TO A THIRD PARTY.
Artlandia, Inc. www.artlandia.com; info@artlandia.com
Artlandia, SymmetryWorks, and LivePresets are registered trademarks and SymmetryShop and SymmetryMill are trademarks of Artlandia, Inc.
ALI4.0.2
