Legal
Information @ ArchivalArt.Com
Link to understand "royalty free" and my "compilation copyrights"
END
USER LICENSE AGREEMENT FOR
CHANT ART SOFTWARE
—
NOTICE TO USER —
READ
THIS AGREEMENT BEFORE USING THE SOFTWARE
BY
USING THE CHANT ART SOFTWARE (INCLUDING THE CHANT ART IMAGES) YOU
ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU
DO NOT AGREE WITH THE TERMS HEREIN, DO NOT USE THE SOFTWARE.
PROMPTLY RETURN THE ENTIRE PACKAGE, ALONG WITH YOUR ORIGINAL
RECEIPT FOR A FULL REFUND OF YOUR PURCHASE PRICE.
In
return for our granting to you a license to use the Software you
agree to the following terms and conditions:
1.1
Grant of License: Standard Rights and Restrictions. The Software
is the intellectual property of Chant Art and is protected by law,
including United States copyright laws and international treaties.
1.2
Chant Art grants to you a personal, non-exclusive,
non-transferable license to: (a) use the Software on a single
computer at any one time; and (b) transfer the Software from one
computer to another. You may not electronically transfer the
Software from one computer to another over a network or transfer,
sell, assign, rent, or distribute copies of the Software to
others.
You
are permitted to copy and modify Chant Art images (collectively
herein called the “Images”) in the Software for your personal
or internal use. The Images may not be distributed as part of
software products or an electronic document or product except as
described in Section 1.2 You are permitted to use Images as an
incidental part of any product distributed commercially (i.e.,
distributed for profit, such as a newsletter or poster).
1.2
Electronic Rights and Restrictions. You are permitted to use the
Images as part of an electronic document only if the recipient of
such document is not able to extract or otherwise access any file
containing the Image. Without limiting the generality of
foregoing, you may not: (a) make any copies of any Image files for
download, distribution or resale via electronic, magnetic, optical
or similar media; (b) embed native format Image data in any
electronic document; or (c) include any Images in any software
product, any electronic page or web-site, or related
documentation, developed for resale, without special written
permission from Chant Art.
If
you use the Images on any electronic page or web-site accessible
through the Internet, the world wide web, or other electronic
services, and such use: (a) Includes more than five (50) Images
per page; or (b) includes more than ten (50) Images per document;
or (c) represents more than one-quarter (114) of a standard 640 by
480 pixel screen, then you must also include an intellectual
property notice and an electronic link to the Chant Art homepage.
If it includes more than one hundred (100) Images per document
then you must first obtain prior written consent from Chant Art.
Please call or write Chant Art at the address below for detailed
instructions and assistance.
2.
No Reverse Engineering. Except as specifically stated in Section
1, above, YOU MAY NOT MODIFY, TRANSLATE, DISASSEMBLE, OR DECOMPILE
THE SOFTWARE OR ANY COPY, IN WHOLE OR IN PART.
3.
Term. This license is effective until terminated. You may
terminate this license by destroying the Software and all copies.
Chant Art may terminate your license if you fail to comply with
this Agreement, in which case you agree to destroy the Software.
4.
Limited Warranty. Chant Art warrants to you that the Software will
perform substantially as described with information provided on
the Internet or in requested writing for ninety (90) days from
purchase. If the Software is defective, Chant Art will replace it
at no charge if you return it to Chant Art with proof of purchase,
within (90) days after purchase. Your sole and exclusive remedy,
and Chant Art’s sole and exclusive liability, will be either
replacement of the disk or a refund of the purchase price. If for
any reason you are dissatisfied with the Software, please return
it to the place of purchase within ninety (90) days after
purchase, along with original receipt, for a full refund.
THE
LIMITED WARRANTY STATED ABOVE IS THE ONLY WARRANTY OR
REPRESENTATION OF ANY KIND WITH RESPECT TO THE SOFTWARE MADE BY
Chant Art OR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION,
DELIVERY, OR LICENSING OF THE SOFTWARE. CHANT ART AND ANY SUCH
THIRD PARTY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH
RESPECT TO THE SOFTWARE, ITS QUALITY, RELIABILITY, OR
PERFORMANCE; OR ITS MERCHANTABILITY, NON-INFRINGEMENT OF THIRD
PARTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE.
5.
Limit of Liability. IN NO EVENT SHALL CHANT ART OR ANY THIRD PARTY
INVOLVED IN THE CREATION, PRODUCTION, DELIVERY, OR LICENSING OF
THE SOFTWARE BE LIABLE TO YOU OR ANY TH1RD PARTY FOR ANY
CONSEQUENTIAL, SPECIAL, INCIDENTAL, DIRECT, OR INDIRECT DAMAGES OF
ANY KIND EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. In the event any liability is imposed on Chant Art any
third party, Chant Art or such third party’s liability to you or
any third party shall not exceed the purchase price paid for this
product.
Some
states do not allow limitations on the duration of an implied
warranty or exclusion or limitation on liability for incidental or
consequential damages; therefore, the limitations set forth in
this warranty 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.
6.
Choice of Law. This Agreement will be governed by the laws of
California and you agree that any claims regarding the Software
shall be brought in California, and waive any objections to
jurisdiction in the U. S. District Court for the Southern District
of California or the California Superior Court for Los Angeles
county.
7.
Export. You acknowledge that U. S. laws restrict the export of
technical data of U.S. origin, including software, and agree that
you will not export or re-export the Software without the
appropriate U.S. and foreign government license.)
8.
U.S. Government Restricted Rights. The Software is provided with
RESTRICTED RIGHTS. Use, duplication or disclosure by the
government is subject to restrictions in subdivision (c)(1)(iii)
of the Rights in Technical Data and Computer Software clause at 48
CFR 252.227-7013, or in subdivision (c)(1) or (2) of the
Commercial Computer Software - Restricted Rights clause at 48 CFR
52.227-19, as applicable.
9.
Integration. THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE
STATEMENT OF THE AGREEMENT BETWEEN CHANT ART AND YOU, WHICH
SUPERSEDES ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER
OF THIS AGREEMENT.
10.
Please direct any questions concerning this Agreement, in writing,
to Chant Art Company/Julie Ann Brown: Technical Correspondence,
Julie Ann Brown 1974 Long Cove Drive, Oxnard. For detailed instructions and assistance regarding
obtaining consent of use of images, please call (805) 988-3722 or write
to Julie Ann Brown Archival Art/ Chant Art 1974 Long Cove
Drive Oxnard, CA 93036 Or Email at
profjulie@gmail.com, CA 93551