END-USER LICENSE AGREEMENT FOR THE AURORA GRAPHICS WRAP DESIGN STUDIO WEBSITE.

 

IMPORTANT! PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING. FAILURE TO ADHERE TO THIS LICENSE CAN LEAD TO TERMINATION OF YOUR WRAP DESIGN STUDIO WEBSITE ACCOUNT INCLUDING COMPLETE LOSS OF ACCESS AND USE OF IT.

AURORA GRAPHICS WRAP DESIGN STUDIO WEBSITE [WDSW] End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and AURORA GRAPHICS for the AURORA GRAPHICS software product identified above which may include associated software components, media, printed materials, and "online" or electronic documentation pertaining to the [WDS] By installing, or otherwise using the WDS you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the WDS between you and AURORA GRAPHICS (referred to as "licenser"), and it supersedes any prior proposal, whether verbal, written or other representation or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the WDS.

The WRAP DESIGN STUDIO WEBSITE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The WDS website is licensed, not sold.

1. GRANT OF LICENSE.
The WRAP DESIGN STUDIO WEBSITE is licensed as follows:
(a) Installation and Use.
AURORA GRAPHICS grants you the right to install, and the use of the WDS either on your existing website, OR as use as a stand-alone website on the world wide web [www] The license is for the use of a single business or location.
(b) Multiple Shop Use.
The WDS is NOT licensable to more than one single establishment, business, company, enterprise, shop, franchise, person, website or location. The WDS cannot be shared between partnering establishments, businesses, companies, enterprises, shops, franchises, websites or locations. For a franchise or multiple establishment license, contact Aurora Graphics about a Bulk License.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on the WDS website.
(b) Distribution.
You may not distribute or sell the WDS website to any other third parties.

(c) Prohibition on Reverse Engineering, Decompilation, Disassembly and Replicate.
You may not reverse engineer, decompile, disassemble or replicate the WDS website in whole or in part.

(d) Rental, Lease or Trade
You may not rent, lease, trade or lend the WDS website to any other party.
(e) Support Services.
AURORA GRAPHICS may provide you with support services related to the WDS ("Support Services") provided the account in question is current and in good standing with Aurora Graphics. Such support services will be determined and implemented at the sole discretion of Aurora Graphics.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the WDS website.

(g) Upgrade of functionalities. All future upgrades to the WDS site are included in this agreement. In the event AURORA GRAPHICS makes available upgrade functionalities beyond the base WDS website, any and all upgrade functionalities to the WDS implemented are considered enhancements to the original code and copyright, and therein covered under this agreement.

(h) Artwork Presented on the WDS is the property of Aurora Graphics and is subject to the separate End User License Agreement by which it is accompanied.

3. USER POSTED CONTENT

3a. No Offensive Language / Images / Text

The use of inappropriate or offensive language is not permitted on the WDS site. Inappropriate or offensive language includes, but is not limited to, any language or content that is vulgar, obscene, abusive, defamatory, harassing, hateful, profane, slanderous, lewd, pornographic, sexually suggestive, violent, or contains racially, ethnically, or otherwise objectionable content. Do not upload or display any content that violates any International laws or regulations, including copyright laws. Posting on the WDS that which AURORA GRAPHICS administrators consider to be inappropriate or offensive can result in your WDS being disabled. Insulting, threatening, and harassing comments will not be tolerated. Anyone who uses inappropriate language, photographs, or engages in hateful speech will result in the suspension (or) disabling of their WDS account.

3b. UPLOADING COPYRIGHT PROTECTED WORKS. Uploading copyright protected content without permission, or any action that results in a DMCA notice to AURORA GRAPHICS will result in disabling your WDS account until the copyright works is removed. Repeated violations of this type can lead to sudden termination, or indefinite suspension of your WDS account and site.

 

4. TERMINATION
4a. Without prejudice to any other rights, AURORA GRAPHICS may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession, and your instance of the WDS website will be terminated. It is expressly forbidden to use pirated or (illegal) copied Aurora Graphics digital art CD's DVDs or downloaded copyright protected Aurora Graphics content, with or without the WDS. Any person(s) discovered violating this clause will immediately lose use and access to their WDS, and may be prosecuted. Aurora Graphics assumes no responsibility or liabilities for damage of any kind arising from the loss of: data, photos, other information or complete loss of use and access to all functionalities of the WDS upon termination. Any images or other data uploaded by you to the WDS are done so at your own risk of loss, including but not limited to corruption, theft or other loss, including termination.

5. SECURITY

5a. Aurora Graphics makes available the WDS which is hosted by AURORA GRAPHICS and is enabled with security as 'HTTPS' by default. This measure of security is offered as a pre-emptive measure only, and is not to be construed as a commitment or guarantee by Aurora Graphics.

6. TERM OF AGREEMENT

6a. This agreement is effective from the date you received the WDS support documents until the agreement is terminated. You can terminate the agreement by notification of Aurora Graphics to do so. This agreement can also be terminated without notice by Aurora Graphics should you fail to comply completely with any of the terms. Upon the termination of this Agreement, you must immediately destroy and delete all related materials pertaining to the WDS including archives, destroy all permitted derivative works that include any and all documentation and then confirm to Aurora Graphics, in writing, that you have completely complied with all the license terms requirements.

7. COPYRIGHT
7a. All title, including but not limited to copyrights, in and to the WDS including any content contained therein or documents associated with it are owned by AURORA GRAPHICS. All title and intellectual property rights in and to the content which may be accessed through use of the WDS is the property of AURORA GRAPHICS and is protected by all copyright laws as well as other intellectual property laws and treaties. This EULA grants you no rights to use such content without first purchasing a license to use it. All rights not expressly granted are reserved by AURORA GRAPHICS.

8. INDEMNIFICATION

8a. You agree to indemnify, defend and hold Aurora Graphics and it's respective directors, employees, offices, share holders, partners, agents, affiliates (collectively, the "Aurora Graphics Parties") harmless from and against any and all claims, losses, costs, damages and expenses (including any and all attorney fees) incurred by any Aurora Graphics Party as a result of (or) in connection with any breach by you or anyone acting on your behalf, of any of the terms of this agreement.

9. LIMITATIONS OF WARRANTIES AND LIABILITIES

9a. AURORA GRAPHICS expressly disclaims any warranty for the WDS. The WDS is provided 'As Is' without any express or implied warranty of any kind. AURORA GRAPHICS does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within or associated with the WDS. AURORA GRAPHICS makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. AURORA GRAPHICS further expressly disclaims any warranty or representation to Authorized Users or to any third party. The WDS acts as a means to display Aurora Graphics Content for those who wish to use such Content within the scope of this License. Aurora Graphics provides the Content 'as-is', without any warranties or conditions, expressed or implied, including but not limited to warranties of merchantable quality, satisfactory quality, merchantability or fitness for a particular purpose, or those arising by law, statute, usage or trade, course of dealing or otherwise. Aurora Graphics expressly does not represent or warrant that the WDS and Content will meet your requirements or that it's use will be uninterrupted or error free. Should the Content prove defective, you (and not Aurora Graphics) assume the entire risk and cost of all necessary corrections. The entire risk as to the results and performance of the WDS and associated Content is assumed by you. Aurora Graphics and it's affiliates, directors, officers, employees, shareholders, partners or agents shall assume no liability to you or any other person or entity for any direct, indirect, incidental, special or consequential damages whatsoever including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss, even if we have been advised of the possibility of such damages, or that they are foreseeable. AURORA GRAPHICS shall not be held responsible for any claims made by a third party. Our maximum aggregate liability to you shall not exceed the amount paid by you for the WDS. The limitations in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or limitation of liability for consequential or incidental damages, so the above may not apply to you as laws vary from state to state.

10. GENERAL PROVISIONS

10a. You specifically agree and acknowledge that you have, in addition to the terms of this Agreement, reviewed the Terms Of Use and any other agreements which may have been incorporated by reference therein, and to the extent of their incorporation in this Agreement you agree to be bound by them.

10b. That Aurora Graphics failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision of right.

10c. This Agreement is personal and specifically applies to you, and is not assignable by you. Aurora Graphics retains the right to assign this Agreement without your consent to any other party so long as such party agrees to be bound by it's terms and conditions.

10d. If all or part of any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal, unenforceable, such a provision shall be severed from the Agreement and the others shall remain in full force and effect.