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LICENSE
OVERVIEW
The Icons & imagery for sale on IconCentral.net are sold on a
Royalty Free basis. No copyright or ownership is tranferred to the Licensee.
You
may
not transer copyright or ownership to any other party.
The License Agreement covers any sample or trial downloads.
The
product may be used an unlimited number of times in any media for the following
commercial
or personal purposes:
Electronic publications including website design
User interface design and code based environments
Print publications and physical products
Advertising and promotional materials
Broadcast and theatrical exhibitions
The Licensee may alter, crop, manipulate and create derivative works
form our Icons.
The Licensee may make a copy the Icon collection for back-up purposes.
Any other uses not listed must be approved by IconCentral.net in writing.
The Licensee may not distribute, sublicense, sell, assign, convey or transfer
the Icons except as part of original work created by the licensee or its
assigns.
The Licensee may not include the Product in an electronic template intended
to be reproduced by third parties on electronic or printed products.
The Licensee may not sell, license or distribute any derivative work based
on Product where such work is sold, licensed or distributed as an Icon, Icon
pack
or similar term to define an individual or group of icons.
As apart of the purchase process the Licensee will be given a download link
for the Icons purchased. Under the terms and conditions of the License Agreement
you must make all reasonable measures to keep this download link confidential
from any other party's.
We highly recommend you download a sample of any Icon Collection prior to
purchase.
The License Agreement below constitutes the
terms and conditions of purchase and use of any products from IconCentral.net.
Please read carefully.
LICENSE
AGREEMENT IN DETAIL
Any
Icons, Icon Packs (also known as Icon Collections), Images, Customized
Icons and any accompanying
documentation made available from
IconCentral.net shall be individually and/or collectively known as “the
Product” and are owned by and copyright to Roadwork Creative Pty
Ltd (“Roadwork”) and are protected by copyright law and international
copyright treaty.
In this License Agreement
the term “you” or “your” means
either you an individual or the organization or single entity that you
represent, who shall be the licensee of the Product. Where the licensee
is an organization or single entity then the term “user” shall
mean the person nominated by the licensee to use the Product. Where the
licensee is an individual the term “user” shall mean the
licensee.
By clicking on the “Agree” or “Yes” button
or otherwise indicating assent electronically or by installing, copying
or otherwise using the Product you accept and agree to the terms and
conditions of this License Agreement.
If you do not agree to the terms
and conditions of this License Agreement please return the product promptly
for a refund and make no further use
of the Product. You must delete all copies of the Product.
The Product
is licensed and not sold irrespective of the use of terms such as “buy” or “purchase” or
other similar terms.
This license governs any releases, revisions, or
enhancements to the Product that Roadwork may furnish to you unless otherwise
stated in writing
by Roadwork.
1. GRANT OF LICENSE
1.1 Licensee has the non-exclusive, non-transferable right in perpetuity
to use the Product an unlimited number of times in any and all media
for the following commercial or personal purposes (together the "Permitted
Uses") subject to the terms of this License Agreement. Any uses
other than the Permitted Uses must be approved by the Roadwork in writing.
1.1.1 Electronic publications including website design
1.1.2 User interface design and code based environments
1.1.3 Print publications and physical products
1.1.4 Advertising and promotional materials
1.1.5 Broadcast and theatrical exhibitions
1.2 Licensee may alter, crop, manipulate and create derivative works
of the Product.
1.3. You may make a copy of the Product backup purposes;
2. LIMITATIONS
2.1 Licensee may not distribute, sublicense, sell, assign, convey or
transfer the Product except as part of original work created by the
licensee or its assigns and subject to clause 2.3.
2.2 Licensee may not include the Product in an electronic template intended
to be reproduced by third parties on electronic or printed products.
2.3 Licensee may not sell, license or distribute any derivative work based
on Product where such work is sold, licensed or distributed as an Icon, Icon
pack or similar term to define an individual or group of icons.
2.4 Licensee shall use all reasonable measures to keep private and protect
from dissemination any the registration key, unlocking code or private URL
link (known collectively as the “Unlock Key”) to Product provided
by Roadwork as part of any purchase where the Unlock Key is identified by Roadwork
as confidential.
3. NOTICE OF COPYRIGHT
3.1 No ownership or copyright in any Product shall pass to Licensee by
the issuance of the license contained in this Agreement. Except as expressly
stated
in this Agreement, Roadwork grants to Licensee no right or license, express
or implied, to the Product.
4. TERMINATION & REVOCATION
4.1 The license contained in this Agreement will terminate automatically without
notice from the Roadwork if Licensee fails to comply with any provision of
this Agreement. Upon termination, Licensee must immediately (i) stop using
the Product; (ii) destroy the Product; and (iii) delete or remove the Product
from Licensee's premises, computer systems and storage (electronic or physical)
and promptly confirm the same to Roadwork in writing.
5. OWNERSHIP
You acknowledge and agree that:
5.1. The Product is proprietary to
Roadwork;
5.2. The Product is protected by international copyright laws and
treaties;
5.3. Roadwork retains all copyright and other intellectual property
rights in the Product;
5.4. You have no rights to any trademarks belonging
to Roadwork.
6. SUPPORT
6.1 Roadwork may provide technical support for the Product, in English.
Roadwork shall also provide technical support in English by way of email
sent to support@iconcentral.net. Roadwork may not provide support in
any other format. Roadwork does not warrant that issues raised will be
corrected in any specific time-frame and Roadwork may not release customer
specific corrections.
7. GENERAL PROVISIONS
7.1. This statement may only be modified in writing by an authorized
officer of Roadwork. If any provision of this statement is found void
or unenforceable, the remainder will remain valid and enforceable according
to the Agreement.
7.2. This Agreement and the performance hereunder shall
be governed by, and construed in accordance with, the laws of the State
of New South
Wales, Australia, without giving effect to such State's rules governing
the conflicts of laws. In addition, you hereto irrevocably consent to
the exclusive jurisdiction of the courts of the State of New South Wales,
Australia, and of any federal court located in the State of New South
Wales, Australia, in connection with any action or proceeding arising
out of or relating to, or a breach of, this Agreement, or any document
or instrument delivered in connection with this Agreement.
7.4. The headings
of the sections of this Agreement have been inserted for convenience
of reference only and shall not be deemed to be a part
of this Agreement. Whenever the context may require, any pronouns used
herein shall include the corresponding masculine, feminine or neuter
forms, and the singular form of names and pronouns shall include the
plural and vice versa.
7.5. This Agreement constitutes the entire agreement
between the parties hereto pertaining to the subject matter contained
herein and supersedes
any and all other prior or contemporaneous agreements, arrangements and
understandings, either oral or in writing, between the parties hereto
with respect to the subject matter hereof. Each party to this Agreement
acknowledges and represents that no representations, warranties, covenants,
conditions, inducements, promises or agreements, oral or otherwise, other
than as set forth herein, have been made by either party hereto or anyone
acting on behalf of either party.
7.6. The parties hereto intend that
each section of this Agreement should be viewed as separate and divisible,
and in the event that any section,
provision, agreement or condition of this Agreement shall be held to
be invalid, void, or unenforceable, such section, provision, covenant
or condition shall be enforced to the maximum extent permitted under
applicable law and the remainder of the provisions of this Agreement
shall remain in full force and effect and shall in no way be affected,
impaired or invalidated.
8. WARRANTY & LIMITATION
OF LIABILITY
8.1 Roadwork warrants to you and to no other party, that any
physical media included with the Product, as and when provided to you,
will be
free of physical defects in materials and workmanship for a period of
90 days after the date that you initially acquire the Product. Your exclusive
remedy and Roadwork sole liability for breach of this warranty is that
Roadwork will replace any defective media returned to Roadwork within
the 90 day warranty period. This warranty does not apply to damages resulting
from misuse, abuse or neglect. Any replacement media will be warranted
as above for the remainder of the original warranty period or 20 days
from the date Roadwork ships it to you, whichever is longer.
8.2 Subject
to clause 8.1, the Product is provided "as is" and
without warranty of any kind. To the maximum extent permitted by law,
Roadwork Creative Pty Ltd and its suppliers hereby exclude and disclaim
all express or implied warranties, including any warranties of merchantability,
fitness for a particular purpose, quality, non-infringement, title, results,
efforts. You assume the entire risk for the results obtained using the
Product.
8.3 In no event shall Roadwork be liable to any party for any
indirect, incidental, consequential, exemplary, special or punitive damages,
including
any loss of profit, revenue, business opportunity or data, arising from
or relating to this license or the Product, whether in contract, in tort
or otherwise, even if Roadwork knew, should have known or has been advised
of the possibility of such damages, and even if an exclusive remedy under
this License has failed of its essential purpose. Roadwork total cumulative
liability arising from or related to this License or the Product, whether
in contract, in tort or otherwise, will not exceed the fees actually
paid by you under this License.
8.4 This warranty and limitation of liability
shall in no way reduce any legal statutory rights provided to you.
IconCentral.net
is a trading name of Roadwork Creative Pty Ltd
Copyright © 2007, Roadwork Creative Pty Ltd
All rights reserved.
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