Eezy Premium End User License Agreement
By downloading any content from the Premium section of this website, you agree to the terms of the Eezy Premium End User License Agreement. This is a contract between you and Eezy Inc. Please note that this is a license to use Eezy Premium Stock Art, NOT an agreement of ownership. This license is non-transferable. If you do not agree to the terms, you are not permitted to use Eezy Premium Stock Artwork. Please read the terms carefully:
Limited License
Upon payment of the non-refundable license fee, Eezy Inc. grants you a non-exclusive, non-transferable, limited right to use Eezy Premium Stock Art for personal or commercial use by you at a single, geographical location (the “Licensed Location”). You may not store Eezy Premium Stock Art on a file server that can be accessed via the Internet or other external network system by computers and printers not located at the Licensed Location.
Permitted Copies
You may not duplicate or copy Eezy Premium Stock Art except as needed to use it as expressly permitted by this Agreement. However, you may make one (1) copy of Eezy Premium Stock Art for backup purposes. All permitted copies you make must contain the exact copyright, trademark and other proprietary notices that appear on and/or in the artwork including all related documentation.
Intellectual Property Rights
You acknowledge and agree that Eezy Premium Stock Art and permitted copies, and the trademarks associated with Eezy Inc. are the intellectual property owned by Eezy Inc. Eezy Inc Stock Art is protected by copyright including without limitation, by United States Copyright Law, international treaty provisions, and applicable laws in the jurisdiction of use. You may not copy Eezy Premium Stock Art except as provided under the “Permitted Copies” provision above.
License Transfer; Service Bureaus
You may not rent, lease, sublicense, distribute, lend nor transfer Eezy Premium Stock Art, or any copy or portion of Eezy Premium Stock Art, without Eezy Inc's prior written consent.
No Other Use
You are granted only the rights expressly stated in this Agreement, and you may not use Eezy Premium Stock Art for any other use. Without limitation, below are examples of uses that are NOT permitted under this Agreement and require purchase of a separate license from Eezy Inc.: (1) You may not share Eezy Premium Stock Art with other business entities (e.g. your advertising agency, dealer, subsidiary, parent company, service bureau, etc.); (2) You may not use Eezy Premium Stock Art at more than one physical location; (3) You may not change the name of Eezy Premium Stock Art; (4) You may not resell or redistribute Eezy Premium Stock Art.
Termination
The license rights granted under this Agreement will immediately and automatically terminate without notice if you fail to comply with any term or condition of this Agreement. Upon termination, you must destroy all copies of Eezy Premium Stock Art. The balance of the Agreement shall survive any such termination of license rights.
Warranty
Eezy Inc. warrants that Eezy Premium Stock Art will perform as outlined in the user documentation in effect at the time of the commencement of this license. Eezy Inc. will correct substantial malfunctions occurring during this warranty period provided that such malfunctions are reproducible, your product is properly registered, and you give immediate notice and sufficient detail of such malfunctions to Eezy Inc. Eezy Inc. will have no responsibility in the event you fail to provide proof your licensed Eezy Premium Stock Art from Eezy Inc.
Disclaimer; No Refunds
EXCEPT AS EXPRESSLY PROVIDED IN THE FOREGOING PARAGRAPH, EEZY PREMIUM STOCK ART IS PROVIDED “AS IS.” EEZY INC. DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING EEZY PREMIUM STOCK ART. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY WHICH MAY NOT BE LIMITED OR EXCLUDED BY LAW APPLICABLE IN YOUR JURISDICTION, EEZY INC. MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO OTHER MATTERS, INCLUDING WITHOUT LIMITATION, NON INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. YOUR LICENSE FOR EEZY PREMIUM STOCK ART IS NOT RETURNABLE AND NON REFUNDABLE.
Damages; Limitations
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL EEZY INC. BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE EEZY PREMIUM STOCK ART, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF EEZY INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL EEZY INC'S CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGE TO YOU (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN ANY CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF (US$50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN WITH THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Governing Law
This Agreement is governed by the laws of Kentucky, U.S.A., excluding conflict of laws provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. You expressly agree that any disputes related to this Agreement will be resolved in a Bowling Green District Court, Kentucky, U.S.A., or the United States District Court in Kentucky, U.S.A., and you consent to personal jurisdiction and venue of those courts. If any part of this Agreement is found void and unenforceable the balance of the Agreement will remain valid and enforceable according to its terms.
This Agreement represents the entire agreement between you and Eezy Inc. in connection with its subject matter. This Agreement supersedes any other "Eezy Inc. End User License Agreement" which may be included with Eezy Premium Stock Art or previously displayed on this web site, and/or any prior agreements between you and Eezy Inc. in connection with its subject matter. This Agreement may only be modified by Eezy Inc. in a writing that expressly states that such writing is intended to modify this Agreement.
Governing Eezy Inc.
Eezy Inc. is a Kentucky company with a mailing address of: 131 Vanderbilt Ct., Bowling Green, KY 42103, U.S.A. All support requests, completed registrations and other inquiries should be sent to: info@eezyinc.com
