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Legal Agreement
Last Revised November 2, 2003
The following are links to sections within this legal agreement governing user access to this Web site and use of the materials contained therein.
1. Terms of Use
The CreativitySoftware.com Web site (hereafter “Site”) is maintained and operated by Creativity Software, Inc. Access to the Site is subject to your agreement to the terms and conditions set forth below.
Please read this LEGAL AGREEMENT carefully before using the Site. If you do not accept the terms and conditions stated below, do not use the Site.
2. General
Creativity Software, Inc. is a corporation registered in the State of Texas of the United States of America. This legal agreement will be governed by and construed in accordance with the laws of the Sate of Texas.
Creativity Software, Inc. copyrights all materials that appear on the Site, including the text, fractal images, fractal movies, and downloadable software and associated files (hereafter “Materials”). Creativity Software, Inc. grants you permission to download the Materials from this Site for your personal, non-commercial use. You may make digital copies of the fractal images and fractal movies as long as they remain on the machine to which they were originally downloaded. You may print copies of the fractal images or of individual frames from the fractal movies. However, you may not digitally re-transmit or re-export any of the Materials.
Unless written permission has been obtained from Creativity Software, Inc., the Materials may not be used for commercial purposes except in the context of a review or promotion of the Site, or a review or promotion of the merchandise and software offered for sale on the Site.
The use of downloadable software and the associated files are governed by the terms contained in the End User License Agreement (hereafter “EULA”) that accompanies the software. Permission to download and use the software and files is conditioned on your agreement to be bound by the terms of the EULA.
4. Disclaimer of Liability and Damages
Access the Site at your own risk. Creativity Software, Inc. does not warrant that the Site will operate error free. Creativity Software, Inc. does not warrant that the Site or the Materials are free of computer viruses.
YOU ARE NOT ENTITLED TO ANY DAMAGES. In no event shall Creativity Software, Inc. be liable for damages whatsoever arising from accessing the Site or from downloading the Materials.
Only images created using software purchased from Creativity Software, Inc. may be submitted to Creativity Software, Inc. for the purpose of custom-ordering merchandise.
Only images, movies, and computer files created using software purchased from Creativity Software, Inc. may be submitted for consideration of being featured on the Site.
Any submission to Creativity Software, Inc. or to the Site by any means may not contain images or language that are sexually explicit, obscene, defamatory, derogatory, abusive, harassing, or threatening.
You may submit only images, movies, and files for which you hold the copyright or for which you have obtained documented permission from the owner of the copyright.
By submitting images, movies, and/or computer files to the Site (hereafter “Files”), whether for custom ordering merchandise or for consideration of being featured on the Site, you agree Creativity Software, Inc. may use them without restrictions of any kind and free of royalties.
By submitting Files for the purpose of custom ordering merchandise, you signify that you understand that other users of the Site are able to order merchandise featuring your fractals. Furthermore, you agree that if such occurs, that neither Creativity Software, Inc. nor the users of the Site owe you royalties for any sales of such merchandise.
By submitting Files to the Site for consideration of being featured on the Site, you signify that you understand that, if featured on the Site, other users of the Site will be able to download your Files. Furthermore, you grant permission to users of the Site to download your Files on a royalty-free basis on the conditions that the Files are for the users’ personal, non-commercial use, and that the Files remain on the computer to which they were originally downloaded and not be digitally retransmitted or re-exported.
Creativity Software, Inc. operates and maintains the Site from offices in the United States of America. Software available on the Site is subject to United States export control laws and regulations. No software or other materials from the Site may be downloaded to, otherwise exported to, or re-exported to prohibited countries or by citizens of prohibited countries. By accessing the Site you agree to the foregoing, and that you are responsible for compliance with the United States export control laws and regulations.
Access to the Site from countries where the Site's contents are illegal is prohibited. By accessing the Site or downloading materials from the Site, you agree that you are not in a country where such is prohibited, and that you are responsible for compliance with your local laws regarding access to the Site and regarding the import, export, or re-export of software or other materials downloaded from the Site.
7. Indemnity
You agree to defend, indemnify, and hold harmless Creativity Software, Inc., its officers, and employees from and against any claims, actions, or demands, including without limitation, reasonable legal and accounting fees, alleging or resulting from you downloading the Material, accessing the Site, submitting copyrighted works for which you either do not hold the copyright or have permission of the copyright holder, or violating the terms of this legal agreement.
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