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CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT.
BY OPENING THE PACKAGE OR CLICKING ON THE "YES" BUTTON, YOU ARE
CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK
THE "NO" BUTTON, AND, IF APPLICABLE, RETURN THIS PRODUCT TO THE
PLACE OF PURCHASE FOR A FULL REFUND.
LICENSE GRANT
The package contains software ("Software")
and related explanatory written materials ("Documentation"). "Software"
includes any upgrades, modified versions, updates, additions and
copies of the Software. "You" means the person or company who is
being licensed to use the Software or Documentation. "We" and "us"
means Gitano Software.
We hereby grant you a nonexclusive license
to use one copy of the Software on any single computer, provided
the Software is in use on only one computer at any time. The Software
is "in use" on a computer when it is loaded into temporary memory
(RAM) or installed into the permanent memory of a computer--for
example, a hard disk, CD-ROM or other storage device.
TITLE
We remain the owner of all right, title and
interest in the Software and Documentation.
ARCHIVAL OR BACKUP COPIES
You may either:
• make one copy of the Software solely for
backup or archival purposes, or
• transfer the Software to a single hard disk, provided you keep
the original solely for backup or archival purposes.
THINGS YOU MAY NOT DO
The Software and Documentation are protected
by
United States copyright
laws and international treaties. You must treat the Software and
Documentation like any other copyrighted material--for example a
book. You may not:
• copy the Documentation,
• copy the Software except to make archival or backup copies as
provided above,
• reverse engineer, disassemble, decompile or make any attempt to
discover the source code of the Software,
• Place the Software onto a server so that it is accessible via
a pubic network such as the Internet, or
• sublicense, rent, lease or lend any portion of the Software or
Documentation.
DEVELOPERS:
You cannot distribute, CLW, TXA, TXD, APP,
DCT, TPL or any other file that may contain any information from
the Software.
Further more if your customer is the one
that will own the code he must obtain a license of the Software.
As a rule if you are developing an application for someone else,
that person and any other developers working on the project or using
the Software need to buy a license. If the customer is buying
the license, at the end of the project those licenses remain with
the customer, not the developer.
Licenses are SINGLE USER licenses, not entire
shops.
IMAGES
You may not distribute, sell, or give away,
any image or part of the images or a modified version of them unless
it is compiled in your end product.
You may not claim that you have created any part of the images.
TRANSFERS
You may NOT transfer your rights to use the
Software and Documentation to another person or legal entity.
LIMITED WARRANTY
We warrant that for a period of 30
days after delivery of this copy of the Software to you:
• the physical media on which this copy of
the Software is distributed will be free from defects in materials
and workmanship under normal use, and
To the extent permitted by applicable law,
THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES
OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED
WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE,
NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
regardless of whether we know or had reason to know of your particular
needs. No employee, agent, dealer or distributor of ours is authorized
to modify this limited warranty, nor to make any additional warranties.
SOME STATES DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO
HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
LIMITED REMEDY
Our entire liability and your exclusive remedy
shall be:
• the replacement of any diskette(s) or other
media not meeting our Limited Warranty which is returned to us or
to an authorized Dealer or Distributor with a copy of your receipt,
or
• If we or an authorized Dealer or Distributor are unable to deliver
a replacement diskette(s) or other media that is free of defects
in materials or workmanship, you may terminate this Agreement by
returning the Software and Documentation and your money will be
refunded.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR
ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE
INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER
OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES,
OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TERM AND TERMINATION
This license agreement takes effect upon
your use of the software and remains effective until terminated.
You may terminate it at any time by destroying all copies of the
Software and Documentation in your possession. It will also automatically
terminate if you fail to comply with any term or condition of this
license agreement. You agree on termination of this license to either
return to us or destroy all copies of the Software and Documentation
in your possession.
CONFIDENTIALITY
The Software contains trade secrets and proprietary
know-how that belong to us and it is being made available to you
in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR
OF ITS ALGORITHMS, PROTOCALS OR INTERFACES, OTHER THAN IN STRICT
ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION
OF OUR TRADE SECRET RIGHTS.
GENERAL PROVISIONS
1. This written license agreement is the
exclusive agreement between you and us concerning the Software and
Documentation and supersedes any and all prior oral or written agreements,
negotiations or other dealings between us concerning the Software.
2. This license agreement may be modified
only by a writing signed by you and us.
3. In
the event of litigation between you and us concerning the
Software or Documentation, the prevailing party in the litigation
will be entitled to recover attorney fees and expenses from the
other party.
4. This license agreement is governed by
the laws of the state of Utah.
5. You agree that the Software will not be
shipped, transferred or exported into any country or used in any
manner prohibited by the United States Export Administration Act
or any other export laws, restrictions or regulations.
COPYRIGHT INFORMATION
RenTrack, RenTrackSoft, PrintTrackSoft,
Icons XP . IconsXP, Askme, Mallorca Collection
Copyright © 1984 - 2008 Gitano Software
Custom & Stock Images, Logos,
Icons and other Graphic Material
Payment
All custom work is charged at the time the
order is placed unless other arrangements are made directly with
1st Logo Design. In the case that we agree to a
payment plan, all moneys must be paid prior to receiving the finalized
images. A receipt will be mailed at the time of the transaction.
Refunds (custom designs)
We guarantee you will be satisfied with our work or your money will
be refunded. Refunds may be obtained by submitting a refund
request form available upon request. Form must be submitted
in a timely manner. Please note the following exceptions to our
refund policy:
-A $90.00 administration fee is charged
for any refund
-Special sale items or promotions.
-A custom graphic where modifications have been made to the designs provided
by us at your request.
-Custom graphics that have been approved by you.
-If a project was terminated for reasons not having to do with the design
work or our company.
-If the customer changes their name or line of business.
-If we do not get a response from you for designs sent after 30 days.
All refunds are handled in the same manner
in which the sale was made i.e. if you paid by credit card then
we will refund to your credit card, if you paid by check then you
will be issued a check. Please allow 10 business days for refunds
to be processed. Refunds will be issued only to the company the
work was done for and not any 3rd party.
Timely responses
Client will have a 30 day period in which
to respond to work submitted for preview. If we do not hear
from the client it will be assumed that the work is satisfactory
and complete. 1st Logo Design will be free from
any obligation to the client and all remaining fees will be due
at that time. We understand that our clients maintain busy
schedules and we will be more than happy to discuss a different
time frame at the time of purchase.
Terms may change without notice.
Legal Rights
Work/product not intended for redistribution:
All custom work belongs to the customer for
which it was created. The customer only retains the rights on the
design that it ultimately selects, not on other concepts offered.
Those rights are retained by us. This type of purchase is
not intended for resell.
Work/product intended for redistribution:
If the work we do for you, or the exclusive
Stock product you are purchasing is intended for redistribution
you must contact us to make arrangements for this.
Stock products:
Stock products including splash screens,
logos, icons, web templates, etc are owned by us. If an item is
purchased exclusively, we will remove it from our site and only
you and anybody else that bought it before you will be the only
ones with that design. In the case of the Stock logos they
are only sold one time.
Stock products are intended to be for a one time use. If for
example you want to use the same web template for one of your customers
then you must purchase it again. The following is the usage
allowed for each stock product:
Stock Logos: use for one company or one product
Stock Splash Screens: use for one company
Stock Images: use for one company
Stock Templates: use one time for one company or one product
Stock Icons: use for one company. If you are using the icons
for a project for one of your customers, your customer will have
to purchase a copy for himself.
Free wallpapers:
You may use the free wallpapers for your
personal use, but you may not distribute them without our consent.
For commercial use you may use them as a background for your application,
if you have a different need please contact us. You may not
remove any logo, copyright and web site information from the images.
You may not alter the images in any way.
Privacy Policy
Certain information is required so that we
might be able to handle your order. Be assured that our web
site is secure and any information you give us will not be given
to any other parties.
Copyright
All images, text, concepts, ideas and applications
on this site are copyrighted by Gitano Software and such are protected
by the copyright laws of the
United States.
You may not copy or use them in any manner without written permission
from Gitano Software.
1st Logo Design is a subsidiary of Gitano Software.
1st Icon Design is a subsidiary of Gitano Software.
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