Digital Content End-User
You must accept the terms and conditions of this license agreement ("this agreement") in order to access and use Forever Digital Content ("Digital Content"). By accessing and using any Digital Content, you are agreeing to be bound by the terms of this agreement. Carefully read all of the terms and conditions set forth below before accessing or using any Digital Content.
By acquiring Digital Content, you have acquired from Forever, Inc. ("Forever"), a license to use the Digital Content in accordance with the terms and conditions of this Agreement (the "License"). By accessing Digital Content you agree to use it solely as provided in this Agreement and to comply with all of the terms and conditions of this Agreement.
Upon accepting the terms of this Agreement, Forever grants to you a non-exclusive, non-assignable, non-transferable, non-sublicenseable, non-commercial, personal license to use Forever Digital Content as follows:
- Load Digital Content into temporary memory or into a permanent storage device, solely for your private and personal use in accordance with this Agreement.
- Transfer Digital Content from one computer to another.
- Submit work product created with Digital Content to magazines, blogs, and online galleries with proper credit given to Forever or its Licensor or Licensors.
- Use work product to create custom pages, cards, announcements, and scrapbooks for individual clients for compensation, provided that the client only receives printed copies or flattened .jpg pages.
- Use Digital Content to create and sell custom work product, including “scrap for hire” work product, to design your own web site or blog (as long as the site is unrelated to digital scrapbooking, graphic arts, or graphic design), and to create marketing or publishing materials for others, but at all times subject to the following restrictions:
- Your work product must be substantially modified and personalized by the inclusion of photographs, other images, and/or journaling text,
- Your work product must be in the form of flattened digital files or printed material, and
- Your work product may not include digital files that contain individual elements of Forever Digital Content, such as images, that have not been substantially modified
You May Not:
- Sell, lease, assign, transfer, sublicense, disseminate, modify, translate, duplicate, reproduce, or copy files containing Forever Digital Content or permit the same.
- Repackage or redistribute any Digital Content for any reason.
- Load Forever Digital Content onto a network server.
- Use any part of Digital Content as part of or associated with any trademark, service mark, logo, or other design in which you establish or claim any commercial, personal, or other rights.
- Use any part of Digital Content, or any alteration or modification of the same, in any way that is defamatory, pornographic, obscene, libelous, fraudulent, or unlawful.
- Remove or obscure any copyright notices associated with Digital Content.
- Claim any portion of Digital Content or any modification of Digital Content as your own.
- Create, use, sell, license, sublicense, distribute, or transfer to anyone any derivative work from Digital Content, including templates.
- Use Digital Content for any purpose other than is specifically permitted in this Agreement.
Your Work Product Must:
- Be substantially modified and personalized by the inclusion of photographs, other images, and/or journaling text.
- Be in the form of flattened digital files or printed material.
Your Work Product Must Not:
- Include files that contain individual elements of Digital Content, such as images, that have not been substantially modified.
- Contain Digital Content other than is specifically authorized in this End-User License Agreement is strictly prohibited. Forever will have the right to determine, in its sole discretion, whether a use is within the scope of the permitted uses or the prohibited uses described above.
Any use of Forever Digital Content other than is specifically authorized in the End-User License Agreement is strictly prohibited. Forever will have the right to determine, in its sole discretion, whether a use is within the scope of the permitted uses of the prohibited uses described above.
You acknowledge that the Digital Content belongs to Forever or its Licensor or Licensors, and that Forever or its Licensor or Licensors retain all right, title, and interest in and to the Digital Content not expressly granted under this Agreement, including, without limitation, all copyrights.
You may alter or modify any of the Digital Content images as necessary for your intended and permitted use as authorized in this Agreement. However, if any such alteration or modification constitutes a derivative work, you acknowledge and agree that you made such derivative work for Forever and/or its Licensor or Licensors and that all rights associated with such derivative work will be owned solely by Forever and/or its Licensor or Licensors. In addition, to the extent that any rights to any derivative work are not automatically deemed to be owned by Forever and/or its Licensors, you hereby assign and transfer to Forever and/or its Licensor or Licensors all right, title and interest in such derivative work.
THE FOREVER DIGITAL CONTENT IS PROVIDED BY FOREVER "AS IS." FOREVER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, EXPRESS, IMPLIED, OR OTHERWISE, OR ARISING FROM TRADE OR CUSTOM, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FOREVER DISCLAIMS ANY WARRANTY THAT THE FOREVER DIGITAL CONTENT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
Forever and its licensors will not be liable for damages of any kind, including general, direct, special, incidental, and consequential damages, resulting from or arising out of your possession or use of the Forever Digital Content (including data loss or corruption), regardless of whether such liability is based in tort, contract, or otherwise. If the foregoing limitation is held to be unenforceable, the maximum liability to you will not exceed the amount of the license fees paid by you for the Forever Digital Content.
The laws of some jurisdictions do not permit some warranty disclaimers or limitation of liability. You may have other rights that vary by jurisdiction.
This Agreement and performance under this Agreement will in all respects be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, U.S.A., without regard to conflict of laws principles or provisions. The United Nations Convention on Contracts for the International Sale of Goods will not be applied to this Agreement. You agree that the proper venue for all actions arising in connection with this Agreement will be deemed proper in state court in Allegheny County, Pennsylvania, or in the federal court for the Western District of Pennsylvania, and you agree to submit to such venue and jurisdiction. You hereby waive personal service.
Commercial licenses are available upon request. Please contact firstname.lastname@example.org for terms and pricing.