FOR ALL LICENSED DESIGN SOFTWARE, TYPEFACES AND CREATIVE ASSETS AVAILABLE ON WWW.PIXELSURPLUS.COM
THIS END USER LICENSE AGREEMENT ("Agreement") is made between Surplus Creative Ltd. ("Licensor"), a Canadian corporation, and the purchaser (“Licensee”), at the date of purchase.
WHEREAS, Licensor is the owner of licensing rights for certain proprietary software.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:
1. GRANT OF LICENSE
Licensor grants to Licensee a non-exclusive, non-transferable license to use the Software solely for Licensee’s own internal business purposes. This Agreement will also apply to any updates, upgrades and new versions of the Software provided to Licensee by Licensor.
Licensee shall not distribute, rent, lease, sell, sublicense, assign, or otherwise transfer any portion of the Software. Licensee shall not modify, or create any derivative works of the Software, and shall not reverse engineer, decompile or otherwise attempt to derive the source code for the Software.
3. COPYRIGHT AND OWNERSHIP
Right to license the Software is owned by Licensor. The Software is protected by copyright, including without limitation by the Copyright Act of Canada, international treaty provisions and applicable laws in the country in which it is being used.
4. LIMITATION OF LIABILITY
Licensor shall not be liable for any incidental, consequential, indirect, or special damages, or for any loss of profits or business interruptions caused or alleged to have been caused by the performance or nonperformance of the Software. Total liability is limited to the refunded purchase price amount.
This Agreement is effective until terminated. This Agreement will terminate automatically without notice from Licensor if Licensee fails to comply with any provision of this Agreement.
6. GOVERNING LAW
This Agreement will be governed by and construed in accordance with the substantive laws in force in Canada.