PDF Document licensing (software) agreement
Thank you for purchasing Of The Earth PDF files. To ensure that Of The Earth continues to bring you more exciting, stunning designs, please take the time to read this agreement. It might not be the most fascinating read, but its very important and may answer many questions that you may have. Please remember that free software is an exception, not the rule and electronic PDF files are considered software.
1. Notice to user. You (End User) have not purchased the ownership rights to this document, but rather a license to use this document on a limited basis. Purchasing a license for any Of The Earth document, constitutes an agreement between Of The Earth and the end user of the enclosed PDF document (“software”) that the terms and conditions of this contract will be followed. If you do not agree with the terms of this agreement all files must be deleted. A signed affidavit may be required to receive a refund.
2. Grant of License. The basic Of The Earth distributed software license is limited for use on a total of 5 devices at one site for use on a single platform. A device is defined as a computer, printer, character generator, server or any other machine that allows the document to be modified and printed. A site is defined as one physical location. Platform refers to operating systems designated as 'Macintosh', 'Windows' or other.
A laptop may be one of the devices in the basic license of 5 devices as long as the laptop is associated primarily with the licensed location. Simply working offsite on a laptop is permissible in the basic license and is regarded as an extension of the “site”. A laptop that transports work from one distinct network to another distinct network will require additional licensing. Work transported from one distinct network to another distinct network, via a laptop requires each network to be licensed properly.
Additional licensing is also required if you are installing the document(s) on more than 5 devices (Site License), or a LAN/WAN Server with more than 4 devices, or, if you and/or additional users will have access to the document(s) at more than one location (Corporate License), or, if your printer/service bureau is installing the document for job output for more than one-time use (Service Bureau). Upon completion of job, service bureau must delete the PDF document software or purchase their own license.
To calculate the required additional license, call Of The Earth at 206.462.7022 or visit: http://www.custompaper.com/licensing.html to receive a quote.
One copy of the PDF document software may be made for backup. You may transfer the original software to another party provided All materials, including back-up copies are transferred and that the recipient agrees to the licensing terms and conditions contained in this agreement, and all copies are removed from the originating end user's (your) devices.
3. Fair Use. The basic Of The Earth license is intended to accommodate personal use as in the course of everyday correspondence and document writing, or in the design of self-promotion pieces like business cards, newsletters and brochures. Other uses designated as “professional” or “commercial” may require additional licensing.
Professional use is work performed by, not limited to, freelance designers, small design firms and corporate advertising firms that incorporate Of The Earth documents within a design for a client or self-promotion. Most PDF documents are allowable without additional licensing provided that the Grant of License guidelines are met. If you have purchased the document license for use on a large scale campaign such as in the course of entertainment promotion, advertising, corporate identity design, product packaging, store signage or in any way that requires the multi media (television, internet, print or other) output of the document, an additional license may be required. This applies to in-house or client based work. Call Of The Earth at 206.462.7022 to receive your large scale campaign quote.
A royalty based Commercial license is required when Of The Earth software is used to create a product sold for profit. If you have purchased the license for use as the principle design element to create a product to be sold such as, not limited to, rubberstamps, refrigerator magnets, or if the usage of the document adds value (value added) to a product to be sold such as wrist watches, house numbers, stencil kits, decals, digital art (screensavers, 3-D models, or other computer application), please call Of The Earth if you have any questions, for permission or to receive your commercial license quote or visit: http://www.custompaper.com/licensing.html for examples.
The document may be modified if properly licensed for non-commercial or in-house use. The modified document software may not be sold or distributed.
4. Copyright. The software and accompanying documentation are copyrighted and contain intellectual property information protected by law. You may not make or distribute copies of this software or accompanying documentation without the express written consent of Of The Earth .
5. Disclaimer and Limited Warranty. Of The Earth warrants that the software is free of errors and will be replaced within 90 days of purchase in the event of defective media. If failure of the software results from accident, abuse, or neglect, Of The Earth assumes no responsibility to replace the software.
THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, AND Of The Earth SPECIFICALLY DISCLAIMS THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. IN ADDITION, Of The Earth DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR THE WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS A RESULT OF THE PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE USER.
6. Update Policy. At the option of Of The Earth, there may be updated versions of the software which will be offered to registered users.
7. Purchaser's Indemnity. You agree to inform any person (employee/co-employee/employer) having access to the Of The Earth Software and copies thereof, of the terms and conditions of this Standard License Agreement and to ensure that these terms and conditions are abided. You agree to indemnify and hold Of The Earth harmless from any and all claims, liabilities, and costs including attorney's fees, arising out of your breach of this agreement or promises you made. If these terms are not agreed to and respected Of The Earth reserves the right to revoke Grant of License.
8. Construction. This agreement is governed by and constructed in accordance with the laws of the State of Washington. All disputes between Of The Earth and the end user whether or not arising hereunder shall be conducted within the courts and jurisdiction of King County, Washington.
Please register your document. If you have purchased your document(s) directly from Of The Earth you have been automatically registered. If you ordered your document from an authorized Of The Earth reseller please keep a record of the time and place of the purchase.
©2011 Of The Earth.
Copyright 2016 All Rights Reserved - Of The Earth 7706 Aurora Ave. N Seattle, Washington 98103
Local/International 206.462.7022, Fax 206.462.7024 Toll Free US 1.888.294.1526
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