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Terms Of Use - END USER LICENSE AGREEMENT Notice To User: Ultimate Textures is a wholly owned subsidiary of Frost Software and as such the following agreement is between the licensee and Frost Software. This is a legal agreement between you (hereinafter referred to as "the Licensee") and Frost Software. 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 as well as to you as a representative of your employer. Should you cease working for your employer, your employer may continue to operate under this agreement. UPON OPENING A Ultimate Textures PRODUCT, OR RECEIVING BY ANY MEANS (electronic or otherwise), YOU AGREE TO ACCEPT AND BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. Once the delivery has been received, there can be NO REFUND. Products that were damaged or incompletely downloaded can be replaced for no fee (shipping and handling charges at the discretion of Frost Software) as indicated by the warranty by contacting Ultimate Textures support: support(at)ultimatetextures.com. Copyright: All computer software ("Software"), digital images ("Images"), printed materials (where applicable) and other files and materials received electronically or physically delivered (collectively the "Content") is/are copyrighted. All rights to this Content are owned and reserved by Frost Software except to the extent that the right to use such material is specifically granted by this license. These rights are protected by Norwegian and United States copyright laws, international treaty provisions and other applicable laws. Permitted Uses: By accepting this Agreement, Frost software grants the Licensee the following rights and uses: 1. The non-exclusive, non-sublicensable right to use the Images in Games, Real-Time 3D Applications, Advertising, Print, Broadcast, Video, Promotions, Multimedia or the Web and any Test or Sample use. 2. The use of the Images or Content at one physical location by no more than 3 individual users (provided that all 3 are employed under contract to the licensee) per license unless otherwise specified in this Agreement. Companies or organizations that consist of multiple, physically separate offices/locations must purchase at least 1 license per location where the content is to be used. 3. A third party under the contract of the Licensee may make temporary copies of the Images for the sole purpose of outputting a job (including network rendering and printing) on behalf of the Licensee. The images may be retained by the third party only for the period of time required to complete the contracted job and may not be used for any other job or purpose. 4. The creation of up to 3 copies of the Images for backup or archival purposes. 5. Usage of copied parts of complete textures and modified complete textures is permitted only on the same terms as any licenced complete-texture product, and only if you own a licence for the complete-texture product(s) in question. Restrictions: The specified restrictions include, but are not limited to the following: · You may not sell, rent, loan, sublicense or otherwise transfer to anyone either the Package or Content, or right to use the Content (except insofar as stated above). Warranty: Frost Software warrants the textures and 3d models 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 textures or 3d models purchased or sourced from Ultimate Textures, at Frost Softwares' option. Frost Software makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. You agree to indemnify and hold Frost Software harmless against any damages or liability of any kind arising from any use of an texture or 3d model. Neither Frost Software nor any of its directors, officers, employees, partners, licensers, or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, a texture or 3d model or any other damages arising out of this license or otherwise. Governing Law: This Agreement shall be governed by the laws of the Commonwealth of Oslo, Norway, except its conflicts of law rules. Venue for any action respecting this Agreement, or use or attempted use if the Content, shall be in the Commonwealth of Oslo. Frost Software has the right to automatically terminate this Agreement without notice if you (or your employer if you are licensing on behalf of your employer) fail to comply with any provision of this Agreement. Copyright © 2008 Ultimate Textures / Frost Software. All rights are reserved. |