END USER LICENSE AGREEMENT (EULA)

1. This agreement provides you with a non-exclusive license only. If you wish to purchase an exclusive license, please contact us here.

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2. This license grants you usage for both personal and commercial end product use.

3. We grant you one license to install and use this product on a single computer. You may create backups to the product but you may not circulate/distribute them in public. If you do not agree to the following terms of this license, please uninstall and remove all copies of the product within 30 days of your purchase for a proportionate refund.

4. You may install and use the product on another computer, but the product may not be in use on more than one computer at a time unless you purchase additional licenses. You may make one back-up copy of the product for archival purposes. You may permanently transfer your license to use the product to another party who will be bound by this agreement, provided you do not retain any copies of the product. You must inform the licenser about the license transfer.

5. You may not give away, resell, share, lend, rent, transfer, publish, sublicense or distribute the product to any third parties.

6. You may not use the product in such a way where a third party can create their own end product or derivative products (i.e. templates).

7. You may not make the product available on a shared physical or cloud drive for the purposes of sharing or transferring the product. You must not permit an end user of the end product to extract the original product and use it independently from the end product.

8. You may use the product to create a new end product as long as the end product is significantly different than the original product and requires time, effort, and skill to produce. End products may not be sold in a way that directly competes with the original purchased product. The end product must not include the original product to any third parties in a way that allows for the extraction of the original product.

9. You may not use our products in a manner that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, deceptive, fraudulent, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people, libelous, obscene, threatening, profane, or promotes racism, bigotry, misogyny, hatred or physical harm of any kind against any group or individual, or is otherwise objectionable.

10. The product is protected by the copyright laws of the U.S. and other countries, and we retain all intellectual property rights in the product. You may not claim the product, as is or any derivative thereof, as your own work.

LIMITED WARRANTY

11. We warrant that the product will provide the features and functions generally described in the product description on our website. The product will be free from defects in materials and workmanship.

12. We have taken reasonable steps to keep the product free of viruses, spyware, "back door" entrances, or any other harmful code. We will not track or collect any information about you, your data, or your use of the product except as you specifically authorize. The product will not download or install patches, upgrades, or any third party product. We will not intentionally deprive you of your ability to use any features of the product or access to your data.

LIMITATIONS ON LIABILITY

13. We offer no warranty or liability in your failure to fully read and understand the product descriptions including its functions, requirements, and limitations. This includes your inability to understand the functions, requirements, and limitations of the end software these product are made to be used with.

14. We do not warrant that the product, Komet & Flicker LLC websites, or other materials or services will meet your requirements or that your ability to use it will be uninterrupted or error-free. To the extent permitted by applicable law, we disclaim any implied warranty of merchantability or fitness for a particular purpose.

15. Your exclusive remedy under the above limited warranty shall be, at our option, either a refund of the purchase price or correction of the defective product. All refunds or exchanges will be on a case-by-case basis and will be at our sole discretion.

16. In no event shall the author of this/these product(s) or Komet & Flicker LLC be liable for any special, consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other financial loss) arising out of the use of or inability to use this product, even if the author of this/these product(s) or Komet & Flicker LLC is aware of the possibility of such damages and known defects.

GENERAL PROVISIONS

17. If any part of this agreement is found to be invalid or unenforceable, the remaining terms will stay in effect. This agreement does not prejudice the statutory rights of any party dealing as a consumer.

18. This agreement supersedes any express or implied warranties made to you. Any modification to this agreement must be agreed to in writing by both parties.

19. This agreement will apply from the date of the purchase of the product.

20. By using the product, You acknowledge that you have read this agreement and understand it and that by using the product you will be bound by it's terms and conditions.

21. This agreement is subject to revision and may be may be expanded or amended by us at any time, so please review it frequently.
 

DEFINITIONS

22. “Agreement" means the agreement between us and you.

23. “Us or our” means Komet & Flicker LLC.

24. “You, your or yourself" means an individual named in the user sign-up and/or the purchaser of the product.

25. “Purchase" means the payment for a product made by you.

26. “Download" means the digital file(s) that are made available to you via a download link after the purchase where payment is received in full.

27. “Product” means as the digital product purchased and/or downloaded from us.

28. “End product” means any derivative work created by you that was made using the product.

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