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Digilabs Inc. Software Licensing Agreement
By downloading, using or installing this software product created by Digilabs, Inc. (also known as My Photo Creations hereafter referred to as "Software"), you are agreeing to be bound by the terms and conditions of this License Agreement. “You” shall mean any individual or entity using or installing the Software (hereafter referred to as “Licensee”)
Agreement constitutes the complete agreement between you and Digilabs Inc. If you do not agree to the terms and conditions of the Agreement, discontinue use of the Software immediately. This Agreement is the complete statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This software may be used to create an unlimited number of calendars or cards in a form of files of printed pages subject to the term of this agreement. (The License)
a) In condition that the license fee was paid in full, Digilabs Inc. grants to the Licensee, a non-exclusive, nontransferable, right to use the Software in accordance with the license purchased.
b) The "Non Commercial Version" license hereby grants a Single User License up to 2 activations. This Software may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation not used simultaneously by multiple people, but not both. The use of the software is for creating calendars or cards that are for private and internal business use only. in case of using a non commercial version in a commercial way as defined in "Commercial version" you agree to pay Digilabs an annual Licensing fee equal to $5000 or 20% of revenue generated using the software the highest of the two.
c) You may not make access to the Software available to others in connection with a service bureau, application service provider, or similar business
d) The "Commercial version" license hereby grants a license to up to 2 users or computer systems. It covers the use of the software for creating calendars or cards that are sold, donated or exchanged for services, or as a contribution to third parties. It does not allow the duplication, distribution or selling of the software itself or the usage of the software in or as a part of a web based service.
e) The duplication or distribution of the software to third parties requires a special license that is not covered by the above "Commercial version" license and may not be done without a prior written consent from Digilabs Inc.
f) All rights of any kind in the Software which are not expressly granted in this License are entirely and exclusively reserved to and by Digilabs Inc.
g) You may not loan, rent, lease, modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software.
h) You may not copy, sublicense, distribute or otherwise transfer all or any portion of the Software to third parties.
i) Digilabs maintains the right, and the user agrees, to the monitoring of the usage of the software to insure it is used in accordance with the license purchased.
LIMITED WARRANTY AND LIMITATION OF LIABILITY
THIS SOFTWARE, AND ALL ACCOMPANYING FILES, DATA AND MATERIALS, ARE "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE USER MUST ASSUME THE ENTIRE RISK OF USING THE PROGRAM. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. ANY LIABILITY OF DIGILABS INC WILL BE LIMITED EXCLUSIVELY TO REFUND OF PURCHASE PRICE. IN ADDITION, IN NO EVENT SHALL DIGILABS INC, OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF THE SOFTWARE.
COPYRIGHT LAWS OF THE UNITED STATES GOVERNS THE MAKING OF COPIES OR OTHER REPRODUCTIONS OF COPYRIGHTED MATERIAL. THE UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF SUCH COPYRIGHTED MATERIAL IS ILLEGAL.
The Licensee warrants that the subject matter to be printed or published using the Software is done with full compliance of copy right law, and agrees to indemnify and hold Digilabs harmless for all liability, damages, and attorney fees that may be incurred in any legal action connected with the above.