Use-Inhalers LLC End User License Agreement (EULA)
This is a legal agreement between you or your company, firm or other organization ("you") and Use-Inhalers LLC. Please read this agreement carefully in its entirety before you download or use any Video. By confirming the purchase of the Videos or downloading the Video(s) you have selected from our website you agree to be bound by the terms of this EULA (the "Agreement") and the Video usage restrictions contained herein. If you do not wish to accept the terms of this Agreement, please delete the unused Video(s) and notify Use-Inhalers LLC by email to the following address: Fiona.firstname.lastname@example.org within ten days from the invoice date for a full refund.
"Terms": Means the terms and conditions set out in this Agreement. "Intellectual Property": Means all property, intellectual, industrial design and moral rights of every kind and nature, including all applications thereof, including but not limited to copyrights, trademarks, service marks, trade names, trade dress, symbols, logos and designs, trade secret rights and registrations. "Licence": Means the non-exclusive (unless otherwise stated in the Invoice) non-sub licensable right Use-Inhalers LLC grants to you to use the Video(s). "Reproduction": Includes any form of copying of the whole or part of any Video whether by electronic, digital or mechanical means. Reproduction further includes the copying or distortion or manipulation of the whole or part of any Video (for example, by computer, electronically, digitally by an artist or by any other means), even though the resulting Video may not appear to a reasonable person to be derived from the original Video. "Licence Fee": Means any sum or sums payable to Use-Inhalers LLC by you in respect of the License.
1. Contracting parties
The parties to this contract are Use-inhalers LLC and you.
2. Grant of rights and restrictions
i. Use-Inhalers LLC grants to you a perpetual licence in non-exclusive, non-sub licensable and non-assignable manner to use the Video(s) solely for educational purpose only. When exercising this right you must ensure any notice of copyright, trademark or other proprietary right is not removed from any place where it is placed on or embedded in the Video.
ii. You may not alter, crop, manipulate and create derivative works from the Video(s), and ensure any notice of copyright, trademark or other proprietary right is not removed from any place where it is placed on or embedded in the Video.
iii. Use of the Video(s) is strictly limited for the education purpose only
iv. You may not incorporate Video(s) (or any part of them) into a logo, trademark, service mark or application thereof.
v. You may not use the Video(s) in a pornographic, defamatory, fraudulent, lewd, obscene or otherwise illegal manner, including but not limited to infringing any third party intellectual property or privacy rights, whether directly or in context or by juxtaposition with other materials.
vi. The Video(s) may not be sublicensed or resold.
vii. You will immediately notify use-Inhalers LLC if you become aware or suspect that any third party has gained access to the Video(s) through you, is wrongfully using the Video(s), in whole or in part, or is violating any of Use-Inhalers LLC intellectual property rights, including, but not limited to, trademarks and copyrights.
3. Intellectual Property Issues
Nothing herein is intended or shall be construed to transfer or assign any Intellectual Property rights of Use-Inhalers LLC to you. You acknowledge that all right, title and interest in and to the Video(s), including, without limitation, any and all trademark, copyright and any other Intellectual Property rights therein remain with Use-Inhalers LLC.
4. Warranty and limitation of liability
i. Use-Inhalers LLC guarantees that should any Video have defects in material or workmanship and these are notified in writing to Use-Inhalers LLC within thirty (30) days from the date of delivery of the Video then Use-Inhalers LLC will either replace the Video with another digital copy of the Video free from defect or refund the License Fee paid by you to the extent attributable to the defective Video, at Use-Inhalers LLC option.
ii. Use-Inhalers LLC makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Use-Inhalers LLC shall not be liable to you or any other person or entity by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this Agreement for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims, which arises out of or in connection with this Agreement.
You agree to indemnify and hold harmless Use-Inhalers LLC and their respective parents, subsidiaries, successors, assigns, and all employees and agents thereof against any and all claims, damages, losses, expenses or costs, including but not limited to any reasonable attorney's fees, arising out of any unauthorized use or allegedly unauthorized use of any Video supplied to you by Use-Inhalers LLC, or any other breach by you of any of your obligations under this Agreement.