YouWorkForThem's Extras License

End User License Agreement - Digital Software Action Components (AI Actions, Lightroom, PSD Actions, PSD Brushes, Vector Brushes)

THIS IS A BINDING LEGAL AGREEMENT regarding the digital software action components (hereafter “Extras”) that you are downloading or purchasing from YouWorkForThem, for yourself, your company, your employer, or other principal (hereafter collectively referred to as “you”). If you refuse to accept a contractual obligation through this license agreement, you are not permitted to access, download, or use the Extras. Please thoroughly and carefully read through this Agreement before purchasing, downloading, installing and/or using the Extras, ANY OF WHICH SHALL INDICATE YOUR EXPRESS AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS.
The Extras licensed under this Agreement is supplied to you by YouWorkForThem for USAGE ONLY, and remains the intellectual property of the designer(s) of the Extras.
YouWorkForThem and/or the designer(s) reserve all rights not expressly granted to you under this Agreement.
Upon receipt by YouWorkForThem of all applicable fees, and subject to your compliance with all of the terms and conditions of this Agreement, you are granted a non-exclusive, terminable and non-transferable license to use the Extras in accordance with the following terms and conditions. You may not exceed the scope of this license. If you have negotiated and agreed to any additional terms and conditions, those must be in writing and signed or sent by YouWorkForThem, and must incorporate this Agreement by reference.

1. PERMITTED INSTALLATIONS AND USES

Use of the Extras is strictly and explicitly limited to the number of End Users declared and paid for at time of purchase. For a single license purchase, the Extras may be installed on not more than two (2) devices, such as desktop or laptop computer workstations, notebooks, netbooks, tablets, and/or smartphones. If the Extras will be installed on more than two (2) devices, a Multi-User Extension must be purchased (see Section 4 for more detail). If you are a company purchasing a Multi-User Extension for your employees, your employees may use the Extras anywhere in the world, subject to the terms of this Agreement. You must notify all employees of the terms and conditions of this Agreement and you are responsible for all actions of the employees.

1.1 DESIGN USES

Use of the Extras in the creation of design works for your personal use is permitted. If you design or create works for third parties, such as clients, you are considered a “Designer” and you may use the Extras to design or create such works for those third parties, provided that the use by those third parties is subject to the obligations and restrictions (but none of the privileges of the Extras license) in this Agreement as if those third parties were you, and provided that you notify those third parties of those obligations and restrictions in writing. You may not allow any third party to use your copy of the Extras. You may not send or transfer the Extras, or any copy of the Extras, to any third party. You may use the Extras to create designs for products, including clothing, packaging, posters, coffee mugs or similar commercial products, provided you do not violate any of the other restrictions in this Agreement. You may use the Extras to create a company logo, subject to the restrictions in Sections 4 and 5 below. Other restrictions to the use of the Extras are also set forth in those sections.

1.2 ONE BACK-UP

You are permitted to keep a single backup copy of licensed Extras in the cloud, locally on a desktop, laptop or mobile device, or on a studio server. You must be the only party who maintains or has access to this backup copy. The Extras may not be sub-licensed, sold, leased, rented, lent, or given away to any other person or entity.

2. REFUNDS

The Extras may be exchanged only if defective. If you wish to claim a refund you must (a) certify that no copy of the Extras remains in your possession or control and (b) provide proof of a valid sale and a valid sales receipt from YouWorkForThem, and (c) provide other information requested by YouWorkForThem to support your claim. All claims for a refund must be made within one (1) week of purchase.

3. RESTRICTIONS

You may not use the Extras in pornographic, fraudulent, obscene, immoral, infringing, illegal, blasphemous or defamatory material. You may not sell, sublicense, distribute or otherwise grant rights of any kind to the Extras. You may not make the Extras available to others in any way, including as a downloadable file, an email attachment, MMS message or via any other electronic method that exists now or in the future. You may not modify, adapt, translate, rent, lease, resell, distribute, produce, reverse engineer, decompile, disassemble, re-digitize or create derivative works based on the Extras that you then make available as editable files.

4. MULTI-USER EXTENSION

If the Extras will be installed on more than two (2) devices, a Multi-User Extension must be purchased. This can be purchased by clicking on “Licenses” and then checking the “Multi-User” check box. The extension fee covers the installation of the Extras on three (3) or more devices, up to an unlimited number. If you are a company purchasing a Multi-User Extension for your employees, your employees may use the Extras anywhere in the world, subject to the terms of this Agreement. You must notify all employees of the terms and conditions of this Agreement and you are responsible for all actions of the employees.

5. RIGHTS RESERVED

The Extras are licensed—not sold—to you by YouWorkForThem on behalf of the designer, and are licensed for use in accordance with the terms of this Agreement. As a licensee, your ownership of the device on which the Extras are installed, if any, is distinct from and does not grant any right, title or interest in and to the design of the Extras themselves. All copies of the Extras downloaded or installed, including copies of any Extras that accompany this document either as part of a downloaded file or on recorded media, such as, but not limited to, magnetic or optical media, remain the exclusive property of YouWorkForThem and/or the designer. The Extras and the design embodied therein are the exclusive property of YouWorkForThem and/or the designer and are protected under both domestic and international copyright, trademark and unfair competition laws. The various names of the Extras and the design within the Extras are the trademarks of YouWorkForThem or the designer. All other trademarks are the property of their respective owners, and may be registered in the United States or other jurisdictions. Except as stated herein, this Agreement does not grant you any rights to trademark or any other intellectual property rights in the Extras.

6. TERMINATION

Any breach of the terms of this Agreement shall be cause for termination of this License. In the event of termination, and without limitation of any remedies under law and equity, you agree to immediately return or destroy the Extras, at the discretion of YouWorkForThem, and certify that no copy remains in your possession or control.

7. COMPLIANCE WITH LAWS

You shall be responsible for your compliance with all laws relating to the control of exports or the transfer of technology in connection with any use and distribution of the Extras. The Extras and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the government, governmental authorities, its employees or vendors may be subject to restrictions set forth in federal law and regulations. If applicable, you hereby agree to familiarize yourself and adhere to any applicable rule, regulation or statute that may apply.

8. REVOCATION OF WARRANTIES

SUBJECT TO THE REPRESENTATIONS AND WARRANTIES STATED HEREIN, THE EXTRAS ARE PROVIDED "AS IS" AND WITHOUT FIDUCIARY OBLIGATION TO YOU AND OTHER WARRANTIES OF ANY KIND. YOUWORKFORTHEM AND THE DESIGNER OF THE EXTRAS EACH HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUWORKFORTHEM DOES NOT WARRANT THAT THE OPERATION OF THE EXTRAS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE EXTRAS ARE WITHOUT DEFECTS. THE EXTRAS ARE NOT INTENDED AND WERE NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE THE FAILURE OF THE EXTRAS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. THE EXTRAS ARE NOT FAULT TOLERANT AND ARE NOT INTENDED FOR USE IN THE CONTROL OR OPERATION OF DEVICES OR EQUIPMENT FOR MANUFACTURING, OR FOR USE IN NAVIGATIONAL DEVICES. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

9. LIMIT OF LIABILITY

IN NO EVENT WILL YOUWORKFORTHEM BE LIABLE TO YOU FOR CONSEQUENTIAL OR INCIDENTAL DAMAGE (INCLUDING DAMAGE FROM LOSS OF BUSINESS PROFITS OR SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) OR FOR CLAIM BY ANY PARTY ARISING OUT OF THE USE OF OR INABILITY TO USE THE EXTRAS, EVEN IF YOUWORKFORTHEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES, SUBJECT TO THE CONDITIONS NOTED HEREIN, SHALL YOUWORKFORTHEM OR THE DESIGNER'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE REPLACEMENT COST OF THE EXTRAS OR THE PROVISION OF SUBSTITUTE SOFTWARE, AT THE SOLE DISCRETION OF YOUWORKFORTHEM. THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

10. INDEMNIFICATION

You agree to defend, indemnify and hold YouWorkForThem and YouWorkForThem's suppliers including any designers of the Extras harmless from and against any losses, damages, expenses, and costs, including reasonable attorneys’ fees, from any claim by a third party arising from or related to your breach of this Agreement or your act, error, or omission.

11. GOVERNING LAW

This Agreement will be governed by the laws of the State of California (USA) as applies to contracts entered into and wholly performed therein without application of its conflict of law provisions or the conflict of law provisions of any other jurisdiction. You hereby expressly consent to the personal jurisdiction of the local, state or federal courts within California selected by YouWorkForThem for the hearing or resolution of any dispute or action arising out of or related to this License and you hereby further expressly waive any jurisdiction or venue defenses and agree to services of process by certified mail return receipt requested. All remedies are cumulative and not exclusive.

12. GENERAL

You acknowledge that you have read this agreement and understand it and that by using the Extras, you will be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between YouWorkForThem and you which supersedes any proposal or prior agreement, oral or written, and any other communications between any other party relating to the subject matter of this Agreement. No variation of the terms of this agreement or any different terms will be enforceable against YouWorkForThem unless YouWorkForThem gives its express written consent. If any provision of this agreement is held void or unenforceable, that provision will be enforced to the maximum extent possible and the remaining provisions of this agreement will remain in full force and effect. In the event any collection or enforcement effort or any legal action is instituted by YouWorkForThem to interpret or enforce this Agreement, you will be responsible for paying reasonable attorneys’ fees incurred by YouWorkForThem. If you are a Designer and YouWorkForThem brings any enforcement effort or legal action against any third party for whom you work, arising from your obligations in this Agreement or the violation by that third party of any applicable restrictions or obligations in this Agreement, you will be responsible for paying reasonable attorneys’ fees incurred by YouWorkForThem. This Agreement will not be construed against any party by reason of the drafting or preparation hereof. YouWorkForThem expressly reserves the right to amend or modify this Agreement at any time and without prior notification.
Should you desire any additional use that is not mentioned within this Agreement, feel free to contact us at any time.