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License Agreement

Single User Standard License

This agreement ("Agreement") is binding upon Template-Store and any customers / members ("you") who downloads a template, theme, or other extension ("product") from the Template-Store web site to be hereinafter referred to as the "Website". By downloading any product, you agree to be bound by the terms of this agreement, the Template-Store Privacy Policy and Template-Store's Terms of Use, which documents are incorporated herein and made a part hereof by this reference. Template-Store reserves the right to change any of the terms of this agreement at any time, and you agree to be bound by such changes.

Limited License

Creative Commons owns all rights, including the copyrights in and to the Images, Templates, Themes and Extensions. Your rights to use any product are subject to this license agreement and are conditioned upon your payment to Template-Store for your use of the products. If you fail to make any payment to Template-Store when due, or if any check is dishonored or credit card charge refused or charged back, your account will be deemed delinquent. If your account becomes delinquent, your right to use any product downloaded at any time shall automatically terminate unless all payments together with any interest thereon and Template-Store's costs of collection, bank charges and credit card processing fees are received by Template-Store no later than fourteen (14) days from the date that your account became delinquent.

In case of creating a derivative work based on or incorporating one or more products, all rights in and to such products shall continue to be owned by Template-Store.

Restrictions

You acknowledge, agree and warrant you shall not:

  1. Use an product other than as specified in the Limited License section above.
  2. Copy or reproduce any product directly or indirectly more than two (2) times.
  3. Resell, redistribute, provide access to, share or transfer any product except as specifically provided herein.
  4. Post an product online in downloadable format, post an product on an electronic bulletin board, or enable an product to be distributed via mobile telephone devices.
  5. Sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the product(s) or the rights granted under these Terms.
  6. Download or store the product on more than one computer at the same time, or post a copy of them on a network server or web server for use by other users, or share in any peer-to-peer or similar file sharing arrangement; except that you may make a single backup copy to be stored on media separate from the single permitted computer.
  7. Remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the product.
  8. Represent yourself as an agent, employee, designee, or affiliate of Template-Store for any purpose.
  9. Use any programs, bots or the like to access the Template-Store websites or any content on these websites for any purpose.

Miscellaneous

  1. Template-Store is under no obligation to refund your order amount under any circumstances. In case Template-Store determines that you are entitled to a refund of all or part of your order amount, such refund shall only be made to the credit card account originally used by you to purchase your product. If your subscription was paid by check, your refund will be made by check.
  2. "Non-transferable" as used herein means that except as specifically provided in this Agreement, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, the product or the right to use the product. However the work you produce with the product must be used for yourself, your direct employer, client, or customer, who must be the end user of your work. You agree to take all commercially responsible steps to prevent third parties from duplicating any Image. If you become aware of any unauthorized duplication of any Template-Store product(s) please notify us.
  3. You agree that you will not share your username and password combination. Your Template-Store username and password are to be used only by you. Each person that desires to access the Template-Store site must have his/her own username and password and must purchase a subscription. You may use your orders on ONE COMPUTER at any one time. If any two users on two separate computers are using the same username and password, we reserve the right to terminate that subscriber's account without refund or prior notice. Customized subscriptions with multiple points of access are available from Template-Store. Please contact Template-Store Support for details.
  4. You agree to indemnify and hold Template-Store, its officers, employees, shareholders, directors, managers, members and suppliers, harmless against any damages or liability of any kind arising from any use of the product other than the uses expressly permitted by this Agreement. You further agree to indemnify Template-Store for all costs and expenses that Template-Store incurs in the event that you breach any of the terms of this or any other agreement with Template-Store.
  5. Template-Store warrants and represents that:
    (a) except in respect of product identified as 'Editorial Use Only', your use of the product in accordance with this Agreement and in the form delivered by Template-Store will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity;
    (b) Unaltered Images do not and will not:
    (I)   violate any law, statute, ordinance, or regulation;
    (II)  be defamatory or libelous; or
    (III) be pornographic or obscene.
    (c) While Template-Store makes commercially reasonable efforts to ensure the accuracy of product keywords and descriptions, as well as the integrity of our Editorial products, Template-Store makes no warranties and/or representations regarding such keywords, Image descriptions or integrity.
  6. Template-Store shall defend, indemnify, and hold you harmless up to the "Limits of Liability".
    (a) Subject to the terms and conditions contained in this Agreement, including without limitation the provisions relating to limitation of liability in this section, Template-Store hereby represents and warrants that the utilization by you of an unaltered Paid-for product (as defined below) pursuant to the terms of this Agreement shall not infringe or violate the intellectual property rights, publicity rights or privacy rights of any third party, and that all necessary model and property releases have been properly obtained in respect of such unaltered Paid-for product. 'Paid-for product' means any product downloaded from Template-Store's website, apart from any Image which
    (I)  is a part of Template-Store's collection of free Images, and/or
    (II) otherwise can be downloaded without payment of credits or monetary compensation.
    (b) Template-Store agrees to indemnify, defend and hold harmless you from and against all damages, liabilities and expenses (including reasonable attorney fees) arising directly from any actual or threatened lawsuit, claim or legal proceeding (collectively, a 'Claim') commenced by a third party against you, where such Claim alleges that you's utilization of the unaltered Paid-for product pursuant to the terms of this Agreement is in breach of the representations and warranties set forth in subsection above; conditioned upon and provided that you gives Template-Store
    (I)   prompt written notice of any threatened Claim known to you or any suit or proceeding actually initiated against you,
    (II)  full information, assistance and cooperation for the defense or settlement thereof, and
    (III) at Template-Store's option, sole control of any defense, settlement or action related thereto; and further provided that the use and/or distribution by you of the unaltered Paid-for Image has been at all times in accordance with the terms and conditions of this Agreement and that you is not otherwise in breach of this Agreement.
    (c) Template-Store shall have no liability for, and Template-Store's obligations above shall not apply to: any damages, liabilities or expenses incurred by you prior to its notification of the Claim to Template-Store; and/or any Claim based on or arising out of:
    (I)   the modification by you of the Paid-for product;
    (II)  the combination of the Paid-for product with any other work(s); and/or
    (III) the context in which the Paid-for product has been used by you.
    (d) Notwithstanding anything to the contrary contained in this Agreement or in any other agreement between Template-Store and you, the total maximum aggregate liability of Template-Store with respect to any Paid-for product downloaded or licensed by you shall in no event exceed 1,000 € (thousand Euro) per Paid-for product, irrespective of the number of times the Paid-for product is downloaded or licensed. Template-Store shall not be liable in respect of any product which is not a Paid-for Image product.
    (e) The foregoing states the entire liability and obligation of Template-Store, and the sole and exclusive remedy of you, with respect to any breach of the representations and warranties contained in subsection (a) above.
  7. Notwithstanding anything to the contrary contained herein, Template-Store shall not be liable for any damages, costs or losses arising as a result of modifications made to Images or the context in which the products are used by you.
  8. Template-Store's total maximum aggregate obligation and liability to any one subscriber for all claims shall be limited to 1,000 € - Thousand Euro (the "Limits of Liability").
  9. This contract is governed by and shall be construed in accordance with the laws of Germany. The United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect this Agreement. You hereby consent to the personal jurisdiction of the courts. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within Germany and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to this Agreement may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. This agreement shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of this agreement shall not affect the validity or enforceability of the balance hereof.
  10. If you are entering into this agreement on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to Template-Store for any breaches of the terms of this agreement.
  11. The number of product downloads available to you is determined by the product you purchase.

IN THE EVENT THAT YOU BREACH ANY OF THE TERMS OF THIS OR ANY OTHER AGREEMENT WITH TEMPLATE-STORE, TEMPLATE-STORE SHALL HAVE THE RIGHT TO TERMINATE YOUR ACCOUNT WITHOUT FURTHER NOTICE. SUCH TERMINATION SHALL BE IN ADDITION TO TEMPLATE-STORE'S OTHER RIGHTS AT LAW AND/OR EQUITY. TEMPLATE-STORE SHALL BE UNDER NO OBLIGATION TO REFUND ANY FEES PAID BY YOU IN THE EVENT THAT YOUR ACCOUNT IS TERMINATED BY REASON OF A BREACH ANY SUCH BREACH OR BREACHES.

THE PRODUCTS AND OTHER CONTENT IS PROVIDED 'AS IS' WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. TEMPLATE-STORE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT TEMPLATE-STORE) ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS.

TEMPLATE-STORE GRANTS NO RIGHTS AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OF ANY NAMES, TRADEMARKS, SERVICE MARK, LOGOTYPES, COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY IMAGE. IT IS YOUR RESPONSIBILITY TO ASSURE THAT ALL NECESSARY RIGHTS, CONSENTS, OR PERMISSIONS THAT MAY BE REQUIRED FOR YOUR USE OF ANY IMAGES ARE OBTAINED. TEMPLATE-STORE SUBMITTERS UPLOAD IMAGES TO THE TEMPLATE-STORE WEBSITE AND WARRANT THAT THEY HAVE ALL RIGHTS REQUIRED TO DO SO AND TO ENABLE TEMPLATE-STORE TO GRANT THE RIGHTS IT GRANTS IN THIS AGREEMENT.

YOU UNDERSTAND THAT YOU SHOULD SEEK COMPETENT COUNSEL BEFORE USING IMAGES ON OR IN CONNECTION WITH ANY GOODS OR SERVICES OR FOR ANY OTHER COMMERCIAL PURPOSES.

EXCEPT AS SPECIFICALLY PROVIDED IN NO EVENT, SHALL TEMPLATE-STORE'S TOTAL AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE TEMPLATE-STORE WEBSITE AND/OR IMAGE(S) CONTAINED THEREON (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE MONETARY AMOUNT ACTUALLY RECEIVED BY TEMPLATE-STORE FROM YOU FOR YOUR USE OF THE APPLICABLE PRODUCT(S). NEITHER TEMPLATE-STORE NOR ANY OF ITS OFFICERS, EMPLOYEES MANAGERS, MEMBERS, SHAREHOLDERS, DIRECTORS OR SUPPLIERS SHALL BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE IMAGE(S), Template-Store'S BREACH OF THIS AGREEMENT, OR OTHERWISE, UNLESS EXPRESSLY PROVIDED FOR HEREIN, EVEN IF TEMPLATE-STORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. IN NO EVENT, SHALL TEMPLATE-STORE'S TOTAL AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE TEMPLATE-STORE WEBSITE AND/OR IMAGE(S) CONTAINED THEREON (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE LIMITS OF LIABILITY.

IN THE EVENT THAT YOU USE FRAUDULENT CREDIT CARD INFORMATION TO OPEN AN ACCOUNT OR OTHERWISE ENGAGE IN ANY CRIMINAL ACTIVITY AFFECTING TEMPLATE-STORE, TEMPLATE-STORE WILL PROMPTLY FILE A COMPLAINT TO THE INTERNET CRIME COMPLAINT CENTER.