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End User Agreement
End User License Agreement
This end user license agreement ("Agreement") is between
Whitech Pty Ltd (ABN 71 086 157 360) of Level 19, 31 Market Street,
Sydney, NSW, 2000, Australia and its respective licensors (the
"Company") and you, being the person who uses the software and
downloads certain images which accompany this Agreement (the
"User"). By downloading and using the licensed character images
from this site ('Images') and by clicking on the "Accept"
button below, you agree to and are bound by the terms of this End
User Agreement.
1. LICENSE. In consideration of the payment of
the purchase price for the right to purchase the Company's
personalized products which feature licensed character images ('the
Products'), and the User's adherence to all provisions of this
Agreement, the Company grants the User a personal, non-exclusive,
non-transferable license to access and use the Images covered
hereunder for the sole purpose of personalizing and purchasing the
Products with the Images from the Company's website.
2. RESTRICTIONS. User may not use, copy, modify,
or transfer the Images to others, in whole or in part, except as
expressly provided in this Agreement. The license granted hereunder
is personal to the User, and any attempt by the User to transfer
any of the rights, duties or obligations hereunder shall terminate
this Agreement and be void. In addition, the User may not use the
Image for any purpose no covered by this Agreement including but
not limited to any illegal, improper, obscene, defamatory or
fraudulent purpose.
3. OWNERSHIP. The Images are the property of the
Company's respective licensors, and subject to applicable patent,
copyright, trade secrets, trademarks and other proprietary rights.
The Images are licensed, not sold, to the User for use only under
the terms of this Agreement, and the Company reserves all rights
not expressly granted to the User.
4. IMAGES MAINTAINED BY THE COMPANY. User
acknowledges and understands that the Company does not recommend,
warrant or guarantee the use or performance of any third-party
product or service described in the Products or elsewhere in the
Company's website(s), nor is the Company responsible for
malfunction of such products or services due to errors in the
Products, the User's negligence or otherwise. User agrees to seek
additional information on any third-party product or service from
the respective third party.
5. RIGHT TO REVIEW PRODUCT ORDERS. The
Company's right to review Product orders and reject or cancel such
Product orders is reserved to the Company and the User shall have
no recourse against the Company or its respective licensors, other
than a refund from the Company of any monies paid in respect of
Product orders.
6. INDEMNITY. The User shall indemnify and
defend the Company and its respective licensors and Image
contributors against all claims, liability, damages, costs and
expenses, including reasonable legal fees and expenses, arising out
of or related to a breach of this Agreement, the use or
modification of any Image and/or Products, or combination of any
Image with any other material, your failure to abide by any
restriction regarding the use of an Image, or any claim by a third
party related to the use of an Image, alone or in combination with
any other material.
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