Nellybeans File Download Agreement
Important Notice
This agreement applies to the download and use of computer files, applications, extensions, and components (collectively, "DOWNLOADED FILES") posted in this Download Area.
THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND Nellybeans WHICH SPECIFIES THE LICENSE TERMS AND WARRANTY AND LIABILITY LIMITATIONS REGARDING YOUR USE OF DOWNLOADED FILES MADE AVAILABLE BY Nellybeans.
Nellybeans FILES AVAILABLE THROUGH THIS DOWNLOAD AREA ARE SUBJECT TO THE SPECIFIC LICENSE CONDITIONS OF THEIR RESPECTIVE AUTHORS, AND ARE ADDITIONALLY SUBJECT TO BOTH THE LIABILITY AND WARRANTY LIMITATIONS OF THIS LICENSE AGREEMENT. INSTALLATION OR USE OF THESE DOWNLOADED FILES INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE ANY OF THESE FILES.
Not Commercial Software
THE DOWNLOADED FILES SUBJECT TO THIS AGREEMENT ARE NOT COMMERCIAL SOFTWARE. THEY ARE NOT COVERED BY ANY OTHER WARRANTY CONTAINED IN ANY OTHER LICENSE AGREEMENT BETWEEN YOU AND Nellybeans.
No Additional Licenses
This Agreement does not authorize you, in any manner or medium, to use Nellybeans names, logos, or trademarks or to indicate that you are using a Nellybeans file. You acknowledge and agree that all rights, title, and interest in and to the file belong to Nellybeans or the creator of such downloadable file. You do not derive and will not be able to assert any title or interest in the Downloaded File other than the rights and licenses granted under this Agreement.
You acknowledge and agree that you do not receive any rights to patents, copyrights, trademarks, or any other rights or licenses belonging to Nellybeans or other creator of the Downloaded File beyond those expressly granted in this Agreement (or any agreement accompanying a third-party Downloaded File).
Termination
Nellybeans may terminate this Agreement at any time for any reason (or no reason), with or without notice. Upon any termination of this Agreement, all rights granted herein shall immediately terminate, and you must promptly return to Nellybeans or destroy all copies of all Files Downloaded from this download area.
Risk of Use
YOUR USE OF ANY DOWNLOADED FILE IS ENTIRELY AT YOUR OWN RISK.
No Warranty
THE DOWNLOADED FILES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR REPRESENTATION WHATSOEVER, EXPRESS OR IMPLIED. Nellybeans SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.
Indemnification
You agree to defend, indemnify, and hold harmless Nellybeans against and in respect of any claim, suit, loss, damages, obligations, penalty, deficiency, or liability (including, without limitation, attorneys' fees) imposed upon, incurred by, or asserted against Nellybeans that result from or are alleged to result from (a) any breach of this Agreement, (b) any acts, misrepresentations, or omissions in connection with this Agreement, (c) any modification or alteration of a Downloaded File, and/or (d) any warranty, condition, representation, or indemnity granted by you for any Downloaded File.
Limitation on Liability
IN NO CASE SHALL Nellybeans BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF Nellybeans IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL Nellybeans LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU TO Nellybeans. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE WARRANTY LANGUAGE ABOVE MAY NOT APPLY TO YOU. IN SUCH CASE, Nellybeans LIABILITIES SHALL BE LIMITED BY THIS LIMITATION ON LIABILITY PROVISION.
Export Law Assurances
You acknowledge that the Downloaded Files are subject to the export control laws and regulations of the United States. You confirm and agree that you will not export any Downloaded File, directly or indirectly, to any country or end user that is subject to United States export restrictions, or import into any country, except as permitted by the laws and regulations of the applicable country.
U.S. Government Restricted Rights
If this license is acquired under a U.S. Government contract, use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in DFARS 252.227-7013(c)(1)(ii) for Department of Defense contracts and as set forth in FAR 52.227-19(a)-(d) for civilian agency contracts. Nellybeans reserves all unpublished rights under the United States Copyright laws.
Miscellaneous
You have no authority to act on Nellybeans behalf or to bind Nellybeans to any obligation or representation, and you and Nellybeans shall not be deemed to be partners, joint venturers, or agents of the other. The internal laws of the Commonwealth of Washington control this Agreement if you are located in the United States or in any other country. The provisions relating to No Additional Licenses, Termination, No Warranty, Limitation on Liability, Indemnification, Export Law Assurances, and Miscellaneous shall survive the termination of this Agreement. This Agreement is the complete agreement between you and Nellybeans Corporation concerning the Software Component. The failure or delay of Nellybeans to exercise any of its rights under this Agreement or upon any breach of this Agreement is not a waiver of those rights or of the breach.
You can sell items with our digitized designs stitched on them, the design file itself can not be resold, copied, shared or given away.
