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End User License Agreement
Last Revision: 1/1/2008

THIS IS A LEGAL AGREEMENT BETWEEN CREATIVUS ADVERTISING AND YOU. READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU PURCHASE A LICENSE OR USE ANY OF OUR PRODUCTS. BY PURCHASING A LICENSE FOR ANY PRODUCT FROM THIS WEBSITE OR USING OUR COMPLIMENTARY TEMPLATES YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU ENTER THIS AGREEMENT ON BEHALF OF AN EMPLOYER, ALL THE TERMS OF THE AGREEMENT APPLY TO BOTH YOU AND YOUR EMPLOYER.
  1. Our Products.
    We offer print advertising templates. The templates are available in common graphic formats, including Adobe Photoshop and Illustrator. The templates are offered "AS IS" with no warranties of any kind.
  2. Elegible Users.
    Our products are only available to End Users, that is, companies or individuals who will use the templates to advertise their own products or services. Under no circumstance should these templates be used by advertising agencies, freelance designers or any other company or individual intending to advertise the products or services of a third party.
  3. Grant of License.
    Granting of any license is subject to Creativus Advertising approval.
  4. Allowed Uses.
    All templates are licensed for print use only, no other form of publication is allowed including: web, television, etc. The only right granted to you is the right to use the Product in accordance with this Agreement. All rights not expressly granted to you in this Agreement are specifically reserved to Creativus Advertising.
  5. Limited Rights.
    Your rights to use Product(s) are limited in the following manner, in addition to any other restrictions provided in this Agreement or by law:
    • Product(s) are licensed with no rights protection on a non-exclusive basis. Creativus Advertising gives no rights or warranties with regard to the use of names, trademarks, registered or copyrighted designs, elements or works of art depicted or contained in any image in any Product. The images and copy contained in our Products may only be used by you as part of the template you acquired. You cannot use any part of the template in any other communication piece. Use of a Product in a manner that is contrary to a restriction stated in this Agreement is prohibited.
    • You may not post any Product or portion thereof on any electronic bulletin board, place any Product or portion thereof on-line or in a downloadable format, or use, or allow anyone else to use, any Product or portion thereof to create pornographic, libelous, obscene or defamatory material.
  6. Copyright.
    No ownership or copyright in any Product, or in any image contained in any Product, shall pass to you with respect to the Product. You must provide copyright protection for any Product you download from this website. Such copyright shall be immediately assigned to Creativus Advertising upon request. Use of any Product or portion thereof in any way not expressly authorized by this Agreement is a violation of federal copyright law.
  7. Warranty and Limitation of Liability.
    Creativus Advertising warrants the digital copy of the Product in the form downloaded by you to be free from defects in material and workmanship for 90 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the digital copy of the Product or refund of the license fee paid by you, at Creativus Advertising's option. CREATIVUS ADVERTISING MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER CREATIVUS ADVERTISING NOR CREATIVUS ADVERTISING'S THIRD PARTY REPRESENTATIVES SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, LOST PROFITS OR OTHER DAMAGES ARISING OUT OF THIS LICENSE OR OTHERWISE. If Creativus Advertising is liable to you or your employer for any reason, then Creativus Advertising's liability to you shall be limited to the sum invoiced and paid by you for the use of the particular Product involved. Some states do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state provisions.
  8. Payment.
    No use of a Product can occur until full payment has been made (Except for Free Lincenses). Any use of a Product by you prior to payment constitutes an infringement of Creativus Advertising's proprietary rights and a breach of this Agreement which entitles Creativus Advertising to rescind this Agreement and seek damages from you and your employer, as applicable.
  9. Free Licenses.
    As a courtesy to small business and to promote advertising quality, Creativus Advertising offers Free Licenses; such licenses are granted under certain restrictions. If you are granted a Free License you MUST mail a tear sheet of the publication where the ad was published no later than 30 (Thirty) days after downloading the template.
  10. License Not Assignable.
    The license granted to you with respect to a particular Product may not be assigned. It is personal to you or your employer.
  11. Unauthorized Use of Products.
    You agree to indemnify and hold Creativus Advertising and its directors, officers, affiliates and representatives harmless against any claim for damages, losses or any costs, including attorneys' fees, arising in any manner whatsoever from the unauthorized use of any Product or portion thereof supplied to you by Creativus Advertising, or for your breach of any of the terms of this Agreement.
  12. Survival.
    The provisions of Sections 3 and 4 of this Agreement, and such other provisions which by their nature continue after termination, shall survive termination of this Agreement.
  13. Changes to These Terms.
    Creativus Advertising reserves the right to modify the terms of this agreement at any time.
 

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