Colorpong Stock Art Graphics
Copyright © 2015 Colorpong

ROYALTY-FREE END USER LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THESE FILES.
 
1. LICENSE


By receiving, opening the file package, and/or using Colorpong Stock Art Graphics ("Colorpong Files") containing these files, you agree that this Royalty Free End User User License Agreement (RFEULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by Colorpong your use of Colorpong Stock Art Graphics indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, Colorpong grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Colorpong Stock Art Graphics in accordance with this Agreement and any other written agreement with Colorpong. Colorpong does not transfer the title of Colorpong Stock Art Graphics to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Colorpong and the purchasers or users of Colorpong Stock Art Graphics.

If you do not agree to be bound by this agreement, remove Colorpong Stock Art Graphics from your computer now and, if applicable, promptly return to Colorpong by mail any copies of Colorpong Stock Art Graphics and related documentation and packaging in your possession.

2. DISTRIBUTION

Colorpong Stock Art Graphics and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Colorpong Stock Art Graphics contact Colorpong.

3. USER AGREEMENT

3.1 Use

Your license to use Colorpong Stock Art Graphics is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Colorpong Stock Art Graphics.

3.2 Use Restrictions
You may not:   

Sublicense, sell, assign, convey or transfer any of its rights under this Agreement, but Licensee may sell or license  
derivative works incorporating the Colorpong Stock Art Graphics.

You may not, without obtaining the prior written consent of Colorpong and the payment of additional License Fees:  
include the Licensed Material in an electronic template intended to be used by third parties on electronic or printed  
products, or where the purpose is to create multiple impressions, including but not limited to: website  designs,  
presentation templates, electronic greeting cards, business cards, t-shirts, mugs, calendars, posters, screensavers or  
wallpaper for mobile devices or any other electronic or printed matter without obtaining a license for such purpose;

Sell, license or distribute its final product in such a way that permits Licensee's end users to extract or access the Colorpong Stock Art Graphics as a stand alone file.

Distribute, post or upload the Colorpong Stock Art Graphics online in a downloadable format or enable it to be distributed via mobile devices.

Use any Colorpong Stock Art Graphics in a pornographic, defamatory, libelous or otherwise illegal manner, whether directly or in context or juxtaposition with other subject matter and materials.

Use any of the Colorpong Stock Art Graphics in any manner prohibited by any export laws, restrictions or regulations.

You may not falsely represent, expressly or impliedly, that Licensee is the original creator of a visual work that  
derives a substantial part of its artistic components from Colorpong Stock Art Graphics
Each licensed copy of Colorpong Stock Art Graphics may be used on one single computer location by one user. Use of Colorpong Stock Art Graphics means that you have loaded, installed, or run Colorpong Stock Art Graphics on a computer or similar device. If you install Colorpong Stock Art Graphics onto a multi-user platform, server or network, each and every individual user of Colorpong Stock Art Graphics must be licensed separately.

You may make one copy of Colorpong Stock Art Graphics for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Colorpong Stock Art Graphics . The assignment, sublicense, networking, sale, or distribution of copies of Colorpong Stock Art Graphics are strictly forbidden without the prior written consent of Colorpong. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Colorpong Stock Art Graphics. If any person other than yourself uses Colorpong Stock Art Graphics registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!

3.3 Limitation of Responsibility

You will indemnify, hold harmless, and defend Colorpong , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Colorpong's Stock Art Graphics.

In no event (including, without limitation, in the event of negligence) will Colorpong , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Colorpong Stock Art Graphics or the use or inability to use Colorpong Stock Art Graphics or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

Colorpong's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Colorpong Stock Art Graphics (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Colorpong ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Colorpong.

3.4 Warranties

Except as expressly stated in writing, Colorpong makes no representation or warranties in respect of this Colorpong Stock Art Graphics and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.5 Governing Law

This Agreement shall be governed by the law of the Germany applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Germany therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.6 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Colorpong Stock Art Graphics and destroy all copies of Colorpong Stock Art Graphics supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

THIS Colorpong Stock Art Graphics AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Colorpong Stock Art Graphics AS WELL.

5. CONSENT OF USE OF DATA

You agree that Colorpong may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Colorpong Stock Art Graphics.Colorpong may also use this information to provide notices to you which may be of use or interest to you.