This Agreement governs the terms by which members and clients of Incremental Tools obtain the right to use downloadable products, illustrations, and other media content provided by IncrementalTools.com through the web site located at www.IncrementalTools.com. This Content License Agreement is in addition to the Terms of Use applicable to the Site.

1. License Prohibitions

(a) Prohibited Uses. You may not do anything with the Content that is not expressly permitted in the preceding section. For greater certainty, the following are “Prohibited Uses” and you may not:

 1.  Use the Content in design template applications intended for resale. Use or display the Content on websites or other venues designed to induce or involving the sale, license or other distribution of  products

2.  Use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo

3.   Incorporate the Content in any product that results in a re-distribution or re-use of the Content or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file

4.  Remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Content

5.  Sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement

6.  Install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users

7.  Use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement

8.  Use the Content for editorial purposes without including the following credit adjacent to the Content: “©IncrementalTools.com”; or either individually or in combination with others, reproduce the Content, or an element of the Content.

 

2. Term of Agreement

(a) This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Content and any Permitted Derivative Works, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose. The Agreement also terminates without notice from Incremental Tools if at any time you fail to comply with any of its terms. Upon termination, you must immediately (i) cease using the Content and for any purpose; (ii) destroy or delete all copies and archives of the Content or accompanying materials; and (iii) if requested, confirm to Incremental Tools in writing that you have complied with these requirements.

(b) Incremental Tools reserves the right to elect at a later date to revoke or amend the license granted by this Agreement and replace the Content with an alternative for any reason. Upon notice, sent to the address or contact information provided by you, or such other address as you may advise us in writing to use, from time to time, of such replacement, the license for the replaced Content immediately terminates for any products that do not already exist, and this license automatically applies to the replacement Content. You agree not to use the replaced Content, or any Permitted Derivative Works, for future products and to take all reasonable steps to discontinue use of the replaced Content, or any Permitted Derivative Works, in products that already exist.

3. Contact

If you have concerns relating to this Agreement, please contact Incremental Tools at [email protected] or via phone at (972) 242-9975.

 

4. Acknowledgement

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF INCREMENTALTOOLS AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND INCREMENTALTOOLS, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND INCREMENTALTOOLS RELATING TO THE SUBJECT OF THIS AGREEMENT.

© Taylor Design Group, Inc. 2008. All rights reserved.