When purchasing Photoshop Actions, Print Templates, Marketing Materials, Textures, Overlays, a Business Kit or any other product offered at www.photographypla.net (collectively “Product(s)”) you agree that the purchase is subject to the terms of this Product Use License (the “Agreement”).
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PHOTOGRAPHYPLA.NET (HEREINAFTER REFERRED TO AS “US”, “WE”, OR “OUR”). READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU PURCHASE A LICENSE FOR ANY PRODUCT.
BY PURCHASING AND USING THE PRODUCT YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1. License Grant. When you purchase one of our Products, we grant to you a non-exclusive, non-transferable, non-sub licensable, worldwide and perpetual license to use the Product in compliance with the terms of this Agreement.
2. Use. Subject to the restrictions set forth elsewhere in this Agreement, you may use the Product only in accordance with the following permitted uses:
- You may use the Product in combination with your own work to create products for your own marketing purposes or your own clients. This includes the right to change the design elements of the Product, insert pictures or text, and other changes as deemed necessary by you to create works for your use. Using the Product for your own use includes the right to use the Product to create derivative works to use in advertising, promotional materials, print publications, emails and on websites.
- You may allow your subcontractors or other service providers to edit and use the Product provided, however, that such subcontractors and service providers use the Product solely for your benefit and such use is otherwise in keeping with the terms of this Agreement.
- You may use the Product in conjunction with your works but may not display or distribute the Product in substantially unedited form.
- The only rights granted to you in the Product are the rights to use the Product in accordance with this Agreement. All rights not expressly granted to you in this Agreement are specifically reserved to us.
3. Restrictions. Your rights to use Product is limited in the following manner, in addition to any other restrictions provided in this Agreement or by law:
- You may not use the Product, in whole or in part, in the development of any competing products or services to be provided to third parties.
- You may not post or send the Product in a downloadable format or as an editable template.
- You may not falsely represent that you are the original creator of the Product.
- You may use the images contained in the Product only in connection with the Products and for no other purpose. For example, you may not remove an image from the Product and use only that image in promotional or other materials.
- Pornographic, defamatory or otherwise unlawful use of Product is strictly prohibited. All use of the Product must comply with all laws, rules and regulations.
4. Copyright. We retain ownership in and to all Product, including any image contained in any Product. You may not copy, modify, sell or distribute all or any part of any Product except as expressly authorized in this Agreement. The Products are protected by United States copyright law and international treaty. Unauthorized reproduction, modification, sale or distribution is subject to civil and criminal penalties. 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 an infringement claim.
5. Warranty. Products are licensed as-is without any warranty of any kind. Prior to using the Product, you must satisfy yourself that all of the necessary rights or consents, as may be required for your use of the Product, are obtained. EXCEPT AS OTHERWISE SET FORTH HEREIN, THE FOREGOING WARRANTIES ARE THE ONLY WARRANTIES WITH RESPECT TO THE PRODUCT. SUCH WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
6. License Not Assignable. The license granted hereunder may not be assigned without our written consent.
7. Indemnification. You agree to indemnify and hold us, our third party licensors, and our respective employees, directors, officers, affiliates and representatives harmless against any claim by any third party for damages, losses or any costs, including attorneys’ fees, arising in any manner whatsoever from the use of any Product or portion thereof. You agree to indemnify and hold us, our third party licensors, and our respective employees, directors, officers, affiliates and representatives harmless against any claim for damages, losses or any costs, including attorneys’ fees, arising out of your breach of any term of this Agreement.
8. Limitation of Liability and Venue. YOU SPECIFICALLY AGREE THAT OUR LIABILITY FOR ANY CLAIM, REGADLESS OF THE CAUSE OF ACTION, FOR ANY DAMAGES CLAIMED IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY YOU AND RECEIVED BY US FOR THE PRODUCTS THAT ARE THE SUBJECT OF THE CLAIM. IN NO EVENT SHALL WE BE HELD LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST BUSINESS OR LOST PROFITS EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO CLAIM SHALL BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION FOR SUCH CLAIM AROSE.
Any action brought under this Agreement shall only be brought before a court of competent jurisdiction in the county of York, state of Pennsylvania.