Aurora Graphics Inc. End User License Agreement
Please read the License Agreement agreement of Aurora Graphics Inc.
1. Agreement Background Details
(a) This License Agreement contains many important provisions that affect both your rights, and your obligations to the agreement. By checking the ‘I Agree’ box at the end of this agreement, you accept this agreement in it’s entirety on behalf of yourself as well as on behalf of your employer (or) company / employer that is identified as the account holder. Furthermore, you warrant that you have full legal authority to enter into a binding agreement on behalf of your company /employer. If you do not or can not enter into this agreement lawfully, do not proceed and do not download digital content from the Aurora Graphics website.
(b) In this agreement “You” or the ‘Client” means either you (or) if you are acting on behalf of your employer, entity or affiliates, you are signing for that employer or entity. In this agreement “We” or “Aurora Graphics”, are owner and operator of this website and copyright holder of all contents of the site. “Content” or “Digital Image(s)” refers to any digital image or content that is purchased and downloaded from this site including any accompanying documentation or other materials that may download with the content.
(c) This agreement governs the use of the digital images / content available from the Aurora Graphics website. By agreeing to this license, you must abide by it. If you do not agree with this license, then do not download any digital images or Content from this site.
2. End User License Agreement (EULA) Terms
You are not purchasing digital images or content from this site, you are purchasing a license to use the Content. By purchasing this license and abiding by it, Aurora Graphics grants you a non-exclusive, non-transferable license to use Aurora Graphics content within the guidelines of permitted use. All other rights in and unto the digital images or Content, including without limitation, copyrights and all other intellectual property rights related to this Content shall remain solely with Aurora Graphics.
3. Permitted Uses of Licensed Content
a. You may download and use Aurora Graphics content on a single (one) computer at a time. The license for this Content does not allow the Content to be shared or used concurrently on multiple computers. Aurora Graphics digital images and Content may be output to a printing device for creating finished decals, signage, vehicle wraps and other finished goods sold into retail markets.
b. Aurora Graphics licensed digital images and content can be modified to fit a particular purpose for eventual output. Modified versions of Content files can be saved on a users single computer, but are still wholly encompassed by this agreement.
*If there is any doubt as to a Permitted Use, you should contact Aurora Graphics for clarification prior to doing it
4. Prohibited Uses of Aurora Graphics Content
You may not do anything with Aurora Graphics content that is not Expressly Permitted under section (3) of this agreement, or any other agreement verbal or otherwise. To be absolutely certain, read the following Prohibited Uses:
You may not:
4a. Use or display the Content on any non-Aurora Graphics approved website or website template, design template of any kind, flash templates, business card templates, brochure design templates, poster templates, greeting card templates (electronic or other)
4b. Incorporate the content into any product or service that results in re-distribution or re-use of the Content in electronic form (or) in any means make the Content available in electronic form enabling any person to extract or access the digital Content as in an electronic file
4c. Distribute the Content, reverse engineer, decompile, disassemble, or make a derivative works based on the Content.
4d. Sub-license, re-sell, assign, lend, rent, gift or in any way transfer or distribute the Content to any third party (or) make the content available on any network server, web server, FTP, torrent, or any other means by which to transfer the Content or make the content available for download. Aurora Graphics Content cannot be added to any 3rd party compilation, collection, or made available to any other than the person who bought the license for use directly from Aurora Graphics website for use on their single computer.
4e. Install or use the Content in more than one location at a time, or on more than one computer at a time.
4f. It is expressly prohibited to: use, display, or make available the Content in electronic format that would result in the ability to download, distributed by peer-to-peer groups, distributed on any mobile devices, or make available in any file sharing situation or environment any Aurora Graphics Digital Content.
4g. It is forbidden to create a work(s) distributed as either a single background effect, or as part of any background / effects or library, collection, set or product distributed digitally that are based upon, engineered, designed, altered, copied or in any way derived from the Content.
4h. Content files or modified Content files CANNOT be sent in digital form to any third party for output, correction, editing, designing or for any other purpose.
4i. Content cannot be transmitted over the internet or used in any 3rd party on-line design tool, editor, or by any other means that results in transmitting the Content over the internet unless expressly approved by Aurora Graphics.
5. Term of Agreement
5a. This agreement is effective from the date you downloaded the Content until the agreement is terminated. You can terminate the agreement by destroying the Content as well as any and all backup copies or permitted derivative works you may have generated using the Content including any and all references to the Content and cease to use the Content from that point forward for any purpose. This agreement can also be terminated without notice by Aurora Graphics should you fail to comply completely with any of the terms. Upon any termination of this Agreement, you must immediately destroy and delete all copies including archives of the Content, destroy all permitted derivative works that include any and all documentation and then confirm to Aurora Graphics, in writing, that you have completely complied with all the license terms requirements.
6. Limitations of Warranties and Liability
6a. This website acts as a provider of Aurora Graphics Content for those who wish to use such Content within the scope of this License. Aurora Graphics provides the Content ‘as-is’, without any warranties or conditions, expressed or implied, including but not limited to warranties of merchantable quality, satisfactory quality, merchant-ability or fitness for a particular purpose, or those arising by law, statute, usage or trade, course of dealing or otherwise. Aurora Graphics expressly does not represent or warrant that the Content will meet your requirements or that it’s use will be uninterrupted or error free. Should the Content prove defective, you (and not Aurora Graphics) assume the entire risk and cost of all necessary corrections. The entire risk as to the results and performance of the Content is assumed by you. Aurora Graphics and it’s affiliates, directors, officers, employees, shareholders, partners or agents shall assume no liability to you or any other person or entity for any direct, indirect, incidental, special or consequential damages whatsoever including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss, even if we have been advised of the possibility of such damages, or that they are foreseeable. We are also not responsible for claims made by a third party. Our maximum aggregate liability to you shall not exceed the amount paid by you for the Content. The limitations in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or limitation of liability for consequential or incidental damages, so the above may not apply to you as laws vary from state to state.
6b. You may, upon written request to Aurora Graphics, be permitted to download the Content a second time at a location provided to you by Aurora Graphics. If you continue to be unable to download the content, Aurora Graphics may refund your fee’s paid for such Content, provided Aurora Graphics determines, at it’s sole and absolute discretion, that you have been unable to download such Content successfully.
You agree to indemnify, defend and hold Aurora Graphics and it’s respective directors, employees, offices, share holders, partners, agents, affiliates (collectively, the “Aurora Graphics Parties”) harmless from and against any and all claims, losses, costs, damages and expenses (including any and all attorney fees) incurred by any Aurora Graphics Party as a result of (or) in connection with any breach by you or anyone acting on your behalf, of any of the terms of this agreement.
8. General Provisions
8b That Aurora Graphics failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision of right.
8c This Agreement is personal and specifically applies to you, and is not assignable by you. Aurora Graphics retains the right to assign this Agreement without your consent to any other party so long as such party agrees to be bound by it’s terms and conditions.
8d If all or part of any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal, unenforceable, such a provision shall be severed from the Agreement and the others shall remain in full force and effect.
If you have concerns relating to this Agreement, please contact Aurora Graphics @ firstname.lastname@example.org or call 316-838-2000 8am to 5pm Mon-Fri, CST.