Terms and conditions
Licensing information
Non-Commercial version: This version will not output a PDF or JPG
files it will only enable local printing.
This license is for non-commercial use only. It covers the use of
the software for creating calendars or cards or photobooks that
are for private and internal business use only. If you wish to create
calendars or cards or photobooks you are planning to sell, or exchange
for services, to third parties, directly or indirectly, separately
or as a part of any package, please use the Commercial Version.
Commercial Version: This version will output a PDF and JPG files.
This license allows the commercial use of software. It covers the
use of the software for creating calendars or cards or photobooks
that are sold, or exchanged for services, to third parties. It does
not allow the duplication, distribution or selling of the software
itself. The maximum number of users or/and the maximum number of
computers the software can be installed on, or that can access the
software if placed on a network, is five (5).
Important: Digilabs
offers a free, fully functional (except for printing capability)
trial versions of its download photo calendar software, photo card
software and photo book software, so customers have an adequate
opportunity to assess the value of products prior to purchase.
With this free version of the software you should check out all
aspects of the software including printing (will enable to print
sample pages) prior to buying the key for the photo calendar software,
photo card or photobooks software.
In line with industry standards we do not offer refunds on software
after purchasing of the activation code.
PLEASE TRY OUR SOFTWARE OR CARD SOFTWARE BEFORE YOU BUY IT.
Digilabs Inc. Software Licensing Agreement
By downloading, using or installing this software product created
by Digilabs, Inc. (also known as My Photo Calendars and/or My Photo
Cards and/or My photo books and/or My photo creations hereafter
referred to as "Software"), you are agreeing to be bound
by the terms and conditions of this License Agreement.
“You” shall mean any individual or entity using or installing
the Software (hereafter referred to as “Licensee”)
This License
Agreement constitutes the complete agreement between
you and Digilabs Inc. If you do not agree to the terms and conditions
of the Agreement, discontinue use of the Software immediately.
This Agreement is the complete statement of the Agreement between
the parties on the subject matter, and merges and supersedes all
other or prior understandings, purchase orders, agreements and arrangements.
This software may be used to create an unlimited number of calendars
or cards in a form of files of printed pages subject to the term
of this agreement.The License
a) In condition that the license fee was paid in full, Digilabs
Inc. grants to the Licensee, a non-exclusive, nontransferable, right
to use the Software in accordance with the license purchased.
b) The "Non Commercial Version" license hereby grants
a Single User License. This Software may either be used by a single
person who uses the software personally on one or more computers,
or installed on a single workstation used non simultaneously by
multiple people, but not both. The use of the software is for creating
calendars or cards that are for private and internal business use
only. in case of using a non commercial version in a commercial
way as defined in "Commercial version" you agree to pay
Digilabs an annual Licensing fee equal to $5000 or 20% of revenue
generated using the software the highest of the two.
c) You may not make access to the Software available to others in
connection with a service bureau, application service provider,
or similar business,
d) The "Commercial version" license hereby grants a license
to up to 5 users or computer systems. It covers the use of the software
for creating calendars or cards that are sold, donated or exchanged
for services, or as a contribution to third parties. It does not
allow the duplication, distribution or selling of the software itself
or the usage of the software in or as a part of a web based service..
e) The duplication or distribution of the software to third parties
requires a special license that is not covered by the above "Commercial
version" license and may not be done without a prior written
consent from Digilabs Inc.
f) All rights of any kind in the Software which are not expressly
granted in this License are entirely and exclusively reserved to
and by Digilabs Inc.
g) You may not loan, rent, lease, modify, translate, reverse engineer,
decompile, disassemble or create derivative works based on the Software.
h) You may not copy, sublicense, distribute or otherwise transfer
all or any portion of the Software to third parties.
i) Digilabs maintains the right, and the user agrees, to the monitoring
of the usage of the software to insure it is used in accordance
with the license purchased.
LIMITED WARRANTY AND LIMITATION OF LIABILITY
THIS SOFTWARE, AND ALL ACCOMPANYING FILES, DATA AND MATERIALS, ARE
"AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED. The user must assume the entire risk of using the program. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE
AGREEMENT.
ANY LIABILITY OF DIGILABS INC WILL BE LIMITED EXCLUSIVELY TO REFUND
OF PURCHASE PRICE. IN ADDITION, IN NO EVENT SHALL DIGILABS INC,
OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES,
CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR
ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING
TO THE USE OF THE SOFTWARE.
Licensee warrants
COPYRIGHT LAWS OF THE UNITED STATES GOVERNS THE MAKING OF COPIES
OR OTHER REPRODUCTIONS OF COPYRIGHTED MATERIAL. THE UNAUTHORIZED
REPRODUCTION OR DISTRIBUTION OF SUCH COPYRIGHTED MATERIAL IS ILLEGAL.
The Licensee warrants that the subject matter to be printed or published
using the Software is done with full compliance of copy right law,
and agrees to indemnify and hold Digilabs harmless for all liability,
damages, and attorney fees that may be incurred in any legal action
connected with the above.
GUIDELINES FOR THE USE OF
CLIPART, PHOTO OBJECTS AND PHOTOGRAPHIC IMAGES
The software contain numerous clipart and photo images (collectively
referred to as the “Images”) which are either owned
by JupiterImages Corporation or licensed from a third-party. As
a user of this product you are free to use, modify and publish the
Images as you wish subject to the restrictions set out below. If
you are uncertain as to whether your intended use is in compliance
with the Guidelines set out below, we recommend that you seek the
advice of your own attorney or legal counsel. JupiterImages Corporation
will not provide you with an opinion as to whether your use is in
compliance with these Guidelines.
A. YOU MAY, subject to any restrictions set out below:
1. incorporate any Image(s) into your own original work and publish,
display and distribute your work in any media provided you include
a copyright notice in any electronic or digital work reflecting
on the copyright ownership of both you, JupiterImages Corporation
and its licensors as follows:
"Copyright © 20__ [your name] and its licensors. All rights
reserved."
You may not, however, resell, sublicense or otherwise make available
the Image(s) for use or distribution separately or detached from
a product or Web page. For example, the Image(s) may be used as
part of a Web page design, but may not be made available for downloading
separately or in a format designed or intended for permanent storage
or re-use by others. Similarly, clients may be provided with copies
of the Image(s) (including digital files) as an integral part of
a work product, but may not be provided with the Image(s) or permitted
to use the Image(s) separately or as part of any other product;
2. make one (1) copy of the Image(s) for backup or archival purposes.
B. YOU MAY NOT
1. create scandalous, obscene, defamatory or immoral works using
the Image(s) nor use the Image(s) for any other purpose which is
prohibited by law;
2. use or permit the use of the Image(s) or any part thereof as
a trademark or service mark, or claim any proprietary rights of
any sort in the Image(s) or any part thereof;
3. use the Image(s) in electronic format, on-line or in multimedia
applications unless the Image(s) are incorporated for viewing purposes
only and no permission is given to download and/or save the Image(s)
for any reason.
4. rent, lease, sublicense or lend the Image(s), or a copy thereof,
to another person or legal entity. You may, however, transfer all
your license to use the Image(s) to another person or legal entity,
provided that (i) you transfer the Image(s) and this License, including
all copies (except copies incorporated into your work product as
permitted under this License), to such person or entity, (ii) that
you retain no copies, including copies stored on a computer or other
storage device, and (iii) the receiving party agrees to be bound
by the terms and conditions of this License;
5. Use any Image(s) except as expressly permitted by this License.
6. Use the Image(s) related to identifiable individuals, products
or entities for any commercial purpose or in a manner, which suggests
their association with or endorsement of any product or service.
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