THIS END-USER LICENSE AGREEMENT (EULA) IS MADE BETWEEN YOU HEREINAFTER REFERRED TO AS “CUSTOMER”) AND THEATRIX INTERNATIONAL INC (HEREINAFTER REFERRED TO AS “LICENSEE”).

 

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AND TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT AND YOUR RIGHTS UNDER THIS AGREEMENT WILL BE TERMINATED.

 

IN THIS AGREEMENT “CONTENT” MEANS ANY PHOTOGRAPHIC IMAGE, ILLUSTRATION, AND DESIGN TEMPLATES PROVIDED TO CUSTOMER BY LICENSEE.

 

Standard License Terms Customer is granted a perpetual worldwide, non-exclusive, non-transferable license to use the Content for multiple uses per the terms of this Agreement. Customer is allowed to share Content as needed to complete production of authorized usage, such as transmitting Content to separators, printers, and graphic designers working on the Customer’s project. Content transmitted to authorized third parties may not be used in any other manner by third parties.

 

Permitted Standard License Uses: Customer may use Content for promotional, educational, advertising and editorial purposes. For example, business cards, letterheads, brochures, non-commercial instructional material, newsletters, posters, web pages, film and video presentations, and postcards etc. Or any other uses approved in writing by the Licensee.

 

Standard License Prohibitions: Customer may NOT:

 

(a) Violate the rights of any other party.

(b) Violate any terms of this agreement.

(c) Use Content for commercial purposes. Examples include product branding, product packaging, books, business

identity, or any for resale.

(d) Resell or redistribute Content as-is or in a derivative form, by itself, or as part of a product where the

Content’s digital files are included. Examples include, but are not limited to stock, image galleries, templates,

and photo reprints.

(e) Transfer rights or allow a third party to resell or distribute Content.

(f) Make Content available over a network, peer-to-peer service, or any similar service.

(g) Use Content in any defamatory, immoral, illegal, or adult materials.

(i) Violate any laws or regulations of any country or state in which Content is used.

 

Ownership Rights. Licensee shall retain all copyrights to Content provided Customer including copyrights to derivative works. Licensee has the rights to issue licensee to Content for a fee to Customer. Customer does not acquire any ownership rights to the Content or the Content after modification into a derivative work.

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Limited Warranty and Limitation on Damages. Customer agrees to indemnify and hold Licensee harmless with respect to any claims, loss, lawsuit, liability, or judgment suffered by Customer which results from the use of any material provided by Licensee or execution of Service by Licensee or at the direction of Licensee, which has been used in violation of this Agreement. Content is provided as-is without any warranty on suitability for any specific purpose. Customer is fully responsible for use of Content and uses Content at Customer’s own risk. Licensee does not warrant that all Content Metadata will be completely accurate.

 

Downloadable Access Rights. If Customer purchases downloadable Content, Customer shall have access to download licensed Content for a period of 7 days (one week) from purchase. Customer shall be responsible for making any backup copy of any downloaded Content. Licensee is not responsible for providing future access to downloads of licensed Content after the download access time has expired. Customer has temporary access rights to download Content from Licensee upon payment of license fees. Customer may not allow any third party or parties, whether through intent or by accident, to use access rights to Content at any time. Information transmitted to Customer by Licensee, such as download information, locations, URLs or login ids and passwords shall not be disclosed, posted, shared or otherwise made available to the public in any format.

 

Indemnification. Customer agrees to indemnify and hold Licensee harmless from any and all claims brought by any third party relating to any aspect of the Services, creative or other content, including, but without limitation, any claims resulting from any demands, liabilities, losses, costs, and claims, including attorney’s fees, arising out of injury caused by Customer’s products/services, material supplied by Customer, copyright infringement, and defective products sold via the advertising or Services. Further, Customer agrees to indemnify Licensee from responsibility for problems/disruptions caused by third-party services and contractors that Customer may use such as reproduction services, enlargements, digital processors, and other services that relate to the use of Content provided by Licensee.

 

Termination of Agreement. If any part of this Agreement has been violated by Customer, Licensee at its sole discretion may terminate Customer’s license to access and use the Content. Customer must immediately destroy any copies of Content and forfeit any fees paid to Licensee.

 

Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein (without reference to conflicts of laws principles)

 

Contact If you have concerns relating to this agreement please contact License at policy@theatrix-int.com or via email info@theatrix.ca

 

Acknowledgement

 

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF LICENSEE AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND LICENSEE, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND LICENSEE RELATING TO THE SUBJECT OF THIS AGREEMENT.