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We are willing to license this Product to you on the condition that you accept all of the terms of this License Agreement.
Read This Agreement Carefully
This is a license not a sale. We continue to own the stock files and/or other content provided to you on this website. This product is provided under the terms of the following license agreement which states what you may and may not do with the product and contains limitations on warranties and remedies.
Permitted Uses
We, Go MCD Technology, hereby grant to you, the customer, a non-exclusive License to use this Product on the terms and conditions of this License agreement. Unless the activity is expressly permitted, you cannot do it.
Stock File Product
'Stock File' means any illustration, photograph, digital animation, video, or other visual representation recorded in any digital format that is included in any Stock File Product. You may:
* Allow up to ten specific users to use the Stock File Product provided that all 10 users are employed or under contract to the licensee;
* Make modifications or derivative works of any Stock Files ('Derivative Works');
* Use the Stock File(s) or Derivative Work(s) in any advertising, promotional material, broadcast media (video, television, motion picture), web site, and for-sale products in any quantity, provided the finished product(s) is designed for viewing purposes only and is not designed or intended for re-use in any on-line distribution system (including your web page);
* Provide a temporary copy to others of those Stock Files and Derivative Works which are an integral part of your work product and reasonably required to produce a finished product in the normal course of your workflow;
* Store the Stock File Product on a network, storage jukebox or similar device providing that no more than 10 users, in total, have access to the device; and
* Make one copy of the Stock File Product for backup or archival purposes.
Prohibited Uses
You may not do anything with this Product that is not expressly permitted. In addition, you may not:
* Allow more than 10 specific users to use the Stock File Product;
* Use any backup or archival copy for any purpose other than to replace an original copy if it is destroyed or becomes defective;
* Use or permit the use of the Product, or any part thereof, in or in association with fraudulent, pornographic, defamatory, immoral, infringing or illegal material;
* Use or permit the use of the Product, or any part thereof, as a trademark or service mark, or claim any proprietary rights of any sort in the Product, or any part thereof;
* Sell, sublicense, distribute or otherwise grant rights or make available for use by others all or a portion of the Product or Derivative Work(s) in form or formats designed or intended for re-use of the Stock File(s) or Derivative Work(s); and
* Make some or all of the Product available on your web page as a separate or downloadable reusable file, or disassemble, decompile or 'unlock', reverse engineer, translate or otherwise decode the Product for any reason.
Copyright
Go MCD Technology and its suppliers own the Product, and its structure, organization and code are the valuable trade secrets of Go MCD Technology and its suppliers. Copyright also protects the Product. You must treat the Product just as you would any other copyrighted material, such as a book. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owner's name. Trademarks can only be used to identify printed or electronic output produced by the Product. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this License does not grant you any intellectual property rights in the Product. Unpublished rights are reserved.
Transfer
You may not rent, lease, sublicense or lend the Product, or a copy thereof, to another person or legal entity that is not also a licensee. You may, however, transfer all your rights to use the Product to another person or legal entity, provided that (i) you transfer all components of the Product and this License, including all copies, updates and prior versions, (except work Product incorporated into finished Product as permitted under this License), to such person or entity, (ii) that you retain no copies, including copies stored on a computer or other storage device, and (iii) the receiving party agrees to be bound by the terms and conditions of this License.
Governing Law and General Provisions
*This License will be governed by the laws in force in the State of Alabama, USA, excluding the application of its conflicts of law rules. This License will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this License is found void and unenforceable, it will not affect the validity of the balance of the License, which shall remain valid and enforceable according to its terms. You agree that the Product will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other applicable export laws, restrictions or regulations. This License shall automatically terminate upon failure by you to comply with its terms. This License may only be modified in writing signed by an authorized officer of Go MCD Technology.
Notice to U.S. Government End Users
The Product and all its components are 'Commercial Items,' as that term is defined at 48 C.F.R. S2.101, consisting of 'Commercial Computer Software' and 'Commercial Computer Software Documentation,' as such terms are used in 48 C.F.R. S12.212 or 48 C.F.R. S227.7202, as applicable. Consistent with 48 C.F.R. S12.212 or 48 C.F.R. SS227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being Licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Disclaimer
This software is provided as is without warranty of any kind, either kind, either expressed or implied. The entire risk as to the quality and performance of the software is with you. Should the software prove defective, you assume the cost of all necessary servicing, repair, or correction. In no event shall the author, copyright holder, or any other party who may redistribute the software be liable to you for damages, including any general, special, incidental, or consequential damages arising out of the use or inability to use the software (including, but not limited to, loss of data, data being rendered inaccurate, loss of business profits, loss of business information, business interruptions, loss sustained by you or third parties, or a failure of the software to operate with any other software) even if the author, copyright holder, or other party has been advised of the possibility of such damages.
Go MCD Technology
2002 Worth St.
Guntersville, AL 35976
(256) 878-7208
(256) 226-1384
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