Software License Agreement

Software License Agreement for One ( 1 ) Computer
IMPORTANT NOTICE!
Upon ordering any downloadable software or opening a shipped product's Software License Envelope, the product may not be returned.

Before ordering downloadable software or opening the software envelope, please take a few minutes to read this software license agreement or the license printed on both sides of the Software License Envelope. BY ORDERING ANY DOWNLOADABLE SOFTWARE OR OPENING THE LICENSE ENVELOPE, YOU ARE AGREEING TO ABIDE BY THE TERMS OF THIS LICENSE AGREEMENT. If you are not willing to be bound by the terms of this license agreement, you should not order any of the downloadable software, or for physical products, promptly return the unopened Software License Envelope and all other materials contained in the software package to the original place of purchase. This License Agreement is effective upon your your ordering any downloadable software or opening of the Software License Envelope and shall continue until terminated.

THE ILLUSTRATIONS, SOFTWARE, AND DOCUMENTATION INCLUDED IN THE SOFTWARE PRODUCTS ARE COPYRIGHTED PROPERTY. THEY ARE LICENSED, NOT SOLD. "You" as used in this license agreement refers to the licensee and "Dream Maker" as used in this agreement refers to the licensor. In consideration of the payment of a license fee, which is a percentage of the price paid by you for this product, Dream Maker hereby grants to you, and by ordering any of our downloadable software opening the Software License Envelope you accept, a nonexclusive license to use the software, the illustrations contained therein, and, all accompanying documentation (collectively referred to as the "Software") only as authorized in this License Agreement.

OWNERSHIP: The Software is licensed, not sold, to you as the end user, or, your employer, or, another third party authorized to permit your use of the Software. Dream Maker retains full ownership of the Software itself, the illustrations contained therein, and, any derivatives thereof. The Software, accompanying illustrations, and, documentation are proprietary products of Dream Maker, protected under U.S. copyright law and other international treaty provisions. All right, title, and interest in and to the Software, including associated intellectual property rights, are and shall remain with Dream Maker. This License Agreement does not convey to you an interest in or to the Software, but only a limited right of use in accordance with the terms of this License Agreement.

USAGE: All rights not expressly granted herein are reserved by Dream Maker. Dream Maker grants to you, the licensee only, a nonexclusive right to use, modify, and include the illustrations for decorative enhancements only and only in accordance with the type of license you have purchased.

PRINT LICENSE:

Permitted Uses:

• You may use the illustrations for PRINTED materials including newsletters, brochures, catalogs, advertising materials, promotional items, books, book covers, magazines, newspapers, and product packaging except as noted under Prohibited Uses below. These items can be used for commercial and noncommercial purposes without payment of any additional license or royalty fees.
• You may use the illustrations for application onto, for the purpose of decorative display on, items such as t-shirts, mugs, key chains, buttons, and, other similar novelty or promotional items. These items can be used for commercial and noncommercial purposes without payment of any additional license or royalty fees.
• You may use the illustrations (for minor illustrative enhancement) in film, video, and television presentations that will only be created and presented by You but without restriction as to the number of persons that may view the finished show, video or presentation.

Prohibited Uses:

• You may not sell, distribute, sublicense, resell, assign, rent, share or give to any third party any of the accompanying illustrations, or any derivatives thereof, either individually or collectively.
• You may not use the illustrations, or any derivatives thereof for any of the following exact or similar items: rubber stamps, stickers, embroidery patches, decals, labels, transfer sheets or any similar type of products whereby a third party (someone other than you) can use such items for the application of the illustrations to any other material.
• You may not include or use the illustrations, or any derivatives thereof in any kind of templates including but not limited to website templates, scrapbook page templates, greeting card templates, slideshow templates, Flash templates, document templates, design templates or any similar items.
• You may not include or use the illustrations, or any derivatives thereof for any kind of digital embroidery files or similar items, except for your own personal use in the application by you of embroidery to clothing, garments, blankets or similar items.
• You may not include of any of the illustrations, or any derivatives thereof in any electronic files, digital files, computer files or computer media to be distributed to any third party or used on other computers including but not limited to documents accessible via the Internet, web pages, BBS systems, via e-mail, news or list groups, or, as part of another software program or program files.
• You may not include of any of the illustrations, or any derivatives thereof in any clip art book, stock image collection, or coloring book, in any kind of printed or electronic format.
• You may not use any of the illustrations for any purpose for which you are not legally allowed to or that you do not have the permission of the logo or trademark holder.
• You may not use the illustrations or any derivatives thereof in any illegal, obscene, immoral, pornographic, libelous, defamatory or infringing manner.

MEDIA LICENSE (Additional Terms of License):

A MEDIA license grants some uses not available in the the PRINT license section above. No vector versions of any of the illustrations are granted a media license. If you have a vector version of the illustrations, it is only covered by the PRINT license terms above. Any privileges granted under a MEDIA license do not apply.

Permitted Uses (for MEDIA LICENSE only):

• You may use the illustrations to enhance topic related electronic or digital documents like custom web pages, PDF documents and email provided that the illustrations are used only to illustrate the related story, article or topic exclusive of the illustrations. These items can be used for commercial and noncommercial purposes without payment of any additional license or royalty fees.
• You may use the illustrations to visually enhance topic related software applications, flash applications, game console applications, phone applications or other similar applications provided that the illustrations are used only as a minor visual enhancement to other topic related material exclusive of the illustrations. These items can be used for commercial and noncommercial purposes without payment of any additional license or royalty fees.
• You may use the illustrations (for minor illustrative enhancement) in film, video, and television presentations that will only be created and presented by You but without restriction as to the number of persons that may view the finished show, video or presentation. Such use can be for commercial and noncommercial purposes without payment of any additional license or royalty fees.

Prohibited Uses:

• You may not include any of the illustrations or derivatives thereof in any type of digital application (computer, phone, console or otherwise) in a manner where a person can extract, access, save or reproduce the illustrations as digital files of any kind.
• You may not include any of the illustrations or derivatives thereof in any type of application (software or online) where a user can manipulate the illustrations within the application in any manner like in an application (software or online) for creating scrapbook pages, templates, layouts, designs or similar items.
• You may not include any of the illustrations or derivatives thereof in any kind of illustration, stock image or clip art for use by a third party.
• You may not include any of the illustrations or derivatives thereof in any template, layout, or design of any kind for use by a third party.

Any questions regarding allowed or restricted usage of the Software or illustrations, or other questions regarding this License Agreement must be made in writing and addressed directly to Dream Maker Software by first class mail.

LICENSE FOR PRIMARY COMPUTER: The Software may be used only on ONE (1) computer owned, leased, or otherwise controlled by you; or in the event of the inoperability of that computer, on a backup computer selected by you. The Software is licensed for use by anyone working on that single computer. Any files containing any of the licensed images, or derivatives thereof, may not be used on any other computer except for the express purpose of printing copies of such documents and then immediately removing said documents and any copies or derivatives thereof from that computer. Neither concurrent use on two or more computers nor use in a local area network or other network is permitted without separate authorization and the payment of additional license fees.

LICENSE FOR HOME USE: Providing the Software installed on the Primary Computer specified above is not accessible by multiple computers, and, that Primary Computer is used by one (1) user and other residents at the same address for at least 80% of the time the Primary Computer is in use, that same user may also install and use the Software on a portable or home computer which is also primarily used by the same user. Any files containing any of the licensed illustrations, or derivatives thereof, may not be used on any other computer except for the express purpose of printing copies of such documents and then immediately removing said documents and any copies or derivatives thereof from that computer. Neither concurrent use on two or more computers nor use in a local area network or other network is permitted without separate authorization and the payment of additional license fees.

BACKUP: Upon loading the Software into your computer, you may retain the original computer media or downloaded files for backup purposes. In addition, you may make additional copies of the Software for the purpose of and only for backup in the event the computer media is damaged or destroyed. Any such copies of the Software shall include Dream Maker's copyright and other proprietary notices. Except as authorized in this License Agreement, no copies of the Software or any portions thereof may be made by you or any person under your authority or control.

RESTRICTIONS ON TRANSFER: You may not rent, assign, sublicense, pledge, lease, or share your rights under this License Agreement. You may, however, permanently transfer all of your rights to use the Software and this license to another person or legal entity provided that: 1. The other party agrees to accept the full terms and conditions of this Agreement. 2. You transfer this Agreement, the Software, including all copies, updates and prior versions, and all documentation to such person or entity. 3. You simultaneously destroy any copies not transferred. 4. You retain no copies of the Software or the illustrations included therein, or any derivatives of the illustrations, or documentation, including any copies stored in printed format, in any digital or electronic format including copies of any of the illustrations used on other computer documents, or on any stored computer. 5. You notify Dream Maker in writing, by first class mail, of the transfer of the license indicating the date of transfer, your name and address as the original licensee, and, the full name and address of the person or entity the license has been transferred to. Any attempt otherwise to rent, assign, sublicense, pledge, lease, share, or transfer any of the rights, duties, or obligations hereunder is void.

TERMINATION: The license is effective until terminated. You may terminate it at any time by destroying the Software, including all illustrations or any derivatives of the illustrations and documentation, together with all copies thereof, whether in printed or electronic format including any documents you have created that contain any of the illustrations or derivatives thereof. This license will terminate upon conditions set forth elsewhere within this Agreement if you fail to comply with any term or condition of this Agreement. In such event, no notice shall be required by Dream Maker or judicial resolution to effect such termination.

LIMITED WARRANTY: Dream Maker warrants only the computer media, on which any physical products are furnished, to be free from defects in materials and workmanship under normal use for a period of 90 days from the date of delivery to you, as evidenced by your receipt. Downloaded digital products are only warranted to be free from data corruption and available for download for a period of not more than 24 hours after the time of their order. You, the licensee, shall assume responsibility for the selection of the Software and for the installation, use, and results obtained from the Software. If any physical products computer media is found defective within the Warranty Period, Dream Maker agrees to replace it free of charge upon receipt at its facility, postage paid, with proof of date of purchase. This warranty shall not be applicable and shall be void if the defect has arisen through abuse, mistreatment or neglect, and is not applicable to normal wear and tear. Shipments outside the U.S.A. are made only at your expense, and all shipping costs must be prepaid by the you. Your exclusive remedy under this limited warranty is the replacement of any defective physical media on which the Software is furnished, as provided above. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DREAM MAKER DOES NOT WARRANT THAT THE FUNCTIONS OR ILLUSTRATIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

LIMITATION OF LIABILITY: Dream Maker's sole obligation or liability under this agreement is the replacement of defective media according to the limited warranty above. In no event will Dream Maker be liable for any damages, including but not limited to, lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use such program even if Dream Maker has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

JURISDICTION AND DISPUTES: This Agreement and the Limited Warranty shall be governed by the laws of Colorado. All disputes hereunder shall be resolved in the applicable state or federal courts of Colorado. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.

INTEGRATION: This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements, oral or written, between the parties, and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict therewith.

BY ORDERING ANY DOWNLOADABLE SOFTWARE OR OPENING THE SOFTWARE LICENSE ENVELOPE, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND, AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

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