ELECTION PACK 2016 LICENSE AGREEMENT
PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY BEFORE USING THE ELECTION PACK 2016. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE ELECTION PACK 2016. USING ANY PART OF THE ELECTION PACK 2016 INDICATES THAT YOU AGREE TO THE TERMS OF THIS EULA.
This EULA is by and between you (both the individual installing/using the ELECTION PACK 2016 and any single legal entity on behalf of which such individual is acting) (“you” or “your”) and, collectively, Market Five (“MARKET FIVE”) (collectively, “Licensor”).
1. General
You agree to use the ELECTION PACK 2016 only for lawful purposes.
2. Definition
“ELECTION PACK 2016” means all content, materials and information contained in the “ELECTION PACK 2016,” characters and sample files.
3. ELECTION PACK 2016 License; Restrictions
You are granted a limited, non-exclusive, and non-transferable right to use the ELECTION PACK 2016
for personal use only as set forth in this EULA. You may make as many re-prints or copies of the ELECTION PACK 2016 (in whole or in part) for up to the total amount of licenses purchased by you. Each copy and re-print must include all copyright information contained on or in the original. Except as permitted by applicable law and this EULA, you will not (in whole or in part) create derivative works of, modify, copy, duplicate, reproduce, license or sublicense the ELECTION PACK 2016 or transfer, loan, lease, or convey the ELECTION PACK 2016 or any right in the ELECTION PACK 2016 to anyone else without the prior duly executed written agreement of MARKET FIVE. The ELECTION PACK 2016 (in whole or in part) may not be sold by you, nor otherwise distributed in any manner that results in any direct or indirect charge or expense to the user thereof.
4. Disclaimer; Limitation of Liability
THE ELECTION PACK 2016 IS PROVIDED “AS IS.” MARKET FIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE ELECTION PACK 2016 AND ANY WEBSITE WITH WHICH IT IS LINKED. MARKET FIVE ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF, OR RESULTS TO BE OBTAINED FROM USING, THE ELECTION PACK 2016, NOR ANY INFERENCES THEREOF. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS, AND OTHER MATERIAL INCLUDED WITH OR IN THE ELECTION PACK 2016 OR ANY WEBSITE WITH WHICH IT IS LINKED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, MARKET FIVE, AND THEIR RESPECTIVE AFFILIATES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUPPLIERS AND CONTRACTORS SHALL IN NO EVENT BE LIABLE FOR ANY CLAIMS, CHARGES, AND DAMAGES, LIABILITIES, LOSSES, AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING, WITHOUT LIMITATION, ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A COMPUTER OR ELECTRONIC VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OF CHARACTER, EVEN IF MARKET FIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE ELECTION PACK 2016, OR ANY WEBSITE WITH WHICH IT IS LINKED.
5. Indemnification
You will indemnify and hold harmless MARKET FIVE, and their respective affiliates, and all respective officers, directors, shareholders, employees, successors and assigns (of all of them) from and against any and all claims, demands, losses, liabilities, damages, settlements, expenses and costs (including, without limitation, attorneys’ fees and court and professional costs) which arise out of or relate to any third party claim or threat thereof that your use of the ELECTION PACK 2016 is unlawful or not otherwise permitted by this EULA. MARKET FIVE shall not be liable to any user or anyone else for any inaccuracy, error or omission, regardless of cause, in the ELECTION PACK 2016, or for any damages resulting therefrom, whether direct or indirect.
You acknowledge and agree that you use of any third party web site linked from the ELECTION PACK 2016 that MARKET FIVE has no responsibility or liability for the content of the information of such third party web sites.
6. Copyright & Trademark Notice
All title and copyrights in and to the ELECTION PACK 2016, including without limitation, its graphics, photographs, animations, video, images, text, design elements, and any materials used or downloaded (excluding any third party materials and third party materials downloaded from any third party linked site) from the ELECTION PACK 2016, in any form (e.g., downloaded, print and other media), are proprietary to and are exclusively owned by MARKET FIVE (and their respective applicable licensors). The ELECTION PACK 2016 are protected by United States and international copyright laws and treaties. All rights reserved.
Domain names and trademarks of other sites (web links from within the ELECTION PACK 2016 to outside sites), or contained information accessed at other web sites, are the property of their respective owners. No affiliation with, endorsement of, or sponsorship by MARKET FIVE of any other web site are not to be inferred.
7. Applicable Law
This EULA shall be governed by the laws of the State of California, without giving effect to any choice of law principles. This EULA will not be governed by the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded. Exclusive jurisdiction over and venue of any suit arising out of or relating to this EULA will be in the state and federal courts of Orange County, California. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be invalid or unenforceable, the remainder of this EULA shall continue in full force and effect. The waiver by a party of any default or breach of this EULA will not constitute a waiver of any other or subsequent default or breach. You may not assign, sell, transfer, delegate or otherwise dispose of, whether voluntarily or involuntarily, by operation of law or otherwise, this EULA or any rights or obligations under this EULA without MARKET FIVE’s prior written consent. Any purported assignment, transfer or delegation by you will be null and void. This EULA constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this EULA.
8. Contact Information
If you have questions concerning this EULA, please contact MARKET FIVE:
infomarketfive@gmail.com
Version: 20160501