End-User License Agreements

There are two license agreements on this page, the first one refers to the licensing of themes. The second, refers to the licensing of image packs.


End-User License Agreement - Themes

TERMS & CONDITIONS END-USER LICENSE AGREEMENT
11 Mystics Software and Services

NOTICE — READ ALL OF THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“EULA”) BEFORE DOWNLOADING, COPYING, INSTALLING OR USING THE SOFTWARE, CONTENT, DATA OR DOCUMENTATION (EACH AS DEFINED BELOW).
IMPORTANT-READ CAREFULLY

This EULA is a legal agreement between you (“Licensee”) (either an individual or a single entity) and 11Mystics.com, (“11 Mystics”) for the software and service identified below; For the purposes of this EULA, Software shall mean any PC or Mac client software downloaded from 11mystics.com (“11 Mystics Site”). Software/Service may include associated, account information, software components, service components, media, printed materials, and “online” or electronic documentation. By installing, copying, or otherwise using the Software/Service you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not install or use the Software /Service. BY CLICKING ACCEPT OR YES OR OTHER APPROPRIATE BUTTON FOR INSTALLING AND/OR USING THE SOFTWARE/SERVICE, INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MUST CEASE ANY USE AND DELETE ANY SOFTWARE, CONTENT AND DATA FROM YOUR HARDWARE. PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE SOFTWARE, OR ANY COPY OR PORTION THEREOF, EXCEPT AS EXPRESSLY PROVIDED IN THIS LICENSE AGREEMENT. ANY USE OF THE SOFTWARE/SERVICE IN THE ABSENCE OF YOUR AGREEMENT TO THESE TERMS AND CONDITIONS IS UNLAWFUL. TO DOWNLOAD AND OR INSTALL THE 11 MYSTICS SOFTWARE YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE.??LICENSE GRANT. 11 Mystics grants to Licensee a non-exclusive, non-transferable license to use this copy of the Software and use the Software/Service solely for your personal use, on any desktop or other fixed or portable computer. For purposes of this Agreement, the Software is considered to be “in use” when it is loaded into temporary memory (e.g., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM or other storage device) of such computer.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

Maintenance of Copyright Notices. You must not remove or alter any copyright notices on all copies of the Software.

Distribution. You may not distribute copies of the Software or disclose your purchase account access information to third parties for any reason.

Prohibition on Reverse Engineering, De-compilation, Disassembly or any form of Re-assembly of associated pieces. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Rental. You may not rent, lease, or lend the Software.

Compliance with Applicable Laws. You must comply with all applicable laws in your country of residence regarding use of the Software.

Ownership. The Software is proprietary to 11 Mystics and protected by United States copyright and other laws, as well as international treaty provisions and you must treat the Software as any other copyrighted and legally protected material. 11 Mystics owns all right title and interest in and to the Software and nothing in this Agreement shall be construed to transfer, convey, impair or otherwise adversely affect 11 Mystics’s ownership or proprietary rights therein or any other 11 Mystics information or materials, tangible or intangible, in any form and in any medium.?

NO REPRESENTATIONS OR WARRANTIES ARE MADE REGARDING THE SOFTWARE/SERVICE. THE SOFTWARE/SERVICE IS PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

TERMS OF USE. You may install and use the provided Software on up to three computers you own. This does not include the computer you own, that you gave to your buddy last year. Your buddy can buy his own copy and I would appreciate that thank you. You may not distribute copies of the Software or disclose your purchase account access information to third parties for the sole purpose of allowing them to download a free copy. You are allowed to make a back-up copy for your own use. Individuals operating a web site design business under a sole-propriatorship or LLC may use the software to produce a published web site for a client, but may not include the software as part of the delivered product.


End-User License Agreement - Images

The following is a legal agreement between You and Suzanne from the 11Mystics.com (”Website”), (”11 Mystics”, “I”) which governs the use of non-watermarked images (”Images”) downloaded from my Website. By downloading an Image You agree to be bound by the terms of this Agreement automatically, without any other conditions or declarations. If You do not agree with these terms, You are not allowed to download the Image.

All Images on the Website are copyrighted and they are the properties of 11 Mystics or its Image providers. All rights are reserved unless otherwise granted to You. Your rights to use the Image are subject to this agreement.

I hereby grant to You a non-exclusive, non-transferable license to use the Image on the terms and conditions explained in this Agreement.

You may use the Image:

  • In digital format on websites, multimedia presentations, broadcast film and video, cell phones.
  • In printed promotional materials, magazines, newspapers, books, brochures, flyers, CD/DVD covers, etc.
  • Along with your corporate identity on business cards, letterhead, etc.
  • To decorate your home, your office or any public place.

You may NOT use the Image:

  • For pornographic, unlawful or other immoral purposes, for spreading hate or discrimination, or to defame or victimise other people, sociteties, cultures.
  • In a way that can give a bad name to 11 Mystics.
  • As part of a trademark, service mark or logo.
  • In website, presentation, document templates or any other templates that You intend to sell or distribute.
  • SELLING AND REDISTRIBUTION OF THE IMAGE (INDIVIDUALLY OR ALONG WITH OTHER IMAGES) IS STRICTLY FORBIDDEN. DO NOT SHARE THE IMAGE WITH OTHERS.

Information on rights

You acknowledge that by your download the ownership of Image does not get transferred to You and You must not claim that it is yours. Your license is non-transferable, which means that You are not allowed to sell, rent, give, sublicense, or otherwise transfer the Image or the right to use the Image to anyone else. The work You create with the Image must be used either by yourself or by your client. You warrant that You do your best to prevent third parties from duplicating the Image.

Indemnification

You agree to indemnify, defend, and hold harmless 11 Mystics and Suzanne against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use or the inability of use of any Image, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image.

Warranty and Liability

THE WEBSITE AND THE IMAGES ARE PROVIDED “AS IS”. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 11 MYSTICS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE IMAGES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

11 MYSTICS SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR THE IMAGES.


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