Software License Agreement for Inflatable designer
Please read this license agreement this software carefully before attempting to use. By choosing to use The inflatable designer, you are agreeing to be bound by the following terms of this license. If you do not agree to these license terms, please do not start to use The inflatable designer or apply for a partner account.
IMPORTANT NOTE: This software may be used to create custom advertising inflatables. JB-inflatables is not responsible for any infringements of other parties’ IP in the layouts that you create, using this software or this platform. Users are responsible to comply with national and international law and restricted from creating insulting, damaging or illegal lay-outs. Make sure that you own the IP of any logo, picture, text or brand name that you put on your designs. In case of doubt contact your IP lawyer to verify if you are allowed to use pictures, logo’s, text, or brand names in your designs.
- General. The software and all 3D models contained in the software or created with the software are licensed, not sold, to you by JB-inflatables for use only under the terms of this License, and JB-INFLATABLES reserves all rights not expressly granted to you. The terms of this License will govern any software upgrades provided by JB-INFLATABLES that replace and/or supplement the original The inflatable designer product.
- Permitted License Uses and Restrictions. This license allows you to access and use The inflatable designer to create 3D designs of inflatables. IP ownership of any design made using this software will remain with JB-inflatables. You may not make The inflatable designer available over a network where it could be used by multiple computers at the same time. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of The inflatable designer or any part thereof. The inflatable designer is not intended to create illegal, hurtful or pornographic designs. It is not allowed to create designs that infringe on other parties IP.
- Transfer. You may not rent, lease, lend, sell or sublicense The inflatable designer.
- Consent to Use of Data. You agree that JB-INFLATABLES and its subsidiaries may collect and use your contact details, customer details, technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facility the provision of software updates, product support and other services to you (if any) related to The inflatable designer and to verify compliance with the terms of this License. JB-INFLATABLES may use this information and contact you regarding your designs or other matters related to your interest in (advertising) inflatables.
- JB-inflatables and other Services. By using this software in connection with The inflatable designer account, you agree to the latest Terms and Conditions, which you may access and review from the Inflatable-designs.com home page.
You also agree to use the Services at your sole risk and that JB-INFLATABLES shall have no liability to you. Descriptions, colors, designs and measurements are provided for your convenience, and you acknowledge and agree that JB-INFLATABLES does not guarantee their accuracy.
Certain Services may include materials from third parties or links to certain third party web sites. You acknowledge and agree that JB-INFLATABLES is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. JB-INFLATABLES does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, product, or services of third parties. Links to other web sites are provided solely as a convenience to you. You agree that you will no use any third-party materials in a manner that would infringe or violate the rights of any other party, and that JB-INFLATABLES is not in any way responsible for any such use by you.
You also agree that the Services, including but not limited to graphics, 3D models and editorial content, contain proprietary information and material that is owned by JB-INFLATABLES and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You will not use such propriety information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means without written permission of JB-Inflatables. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, or you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
JB-INFLATABLES and its licensors reserve the right to change, suspend, remove, or disable access to The inflatable designer and any and all Services at any time without notice. In no event will JB-INFLATABLES be liable for the removal of or disabling of access to any such Services. JB-INFLATABLES may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
- Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from JB-INFLATABLES if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of The inflatable designer and destroy all copies, full or partial, of The inflatable designer.
- Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE INFLATABLE DESIGNER (AS DEFINED ABOVE) AND SERVICES (AS DEFINED BELOW) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE INFLATABLE DESIGNER AND SERVICES ARE PROIVDED AS IS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. JB-INFLATABLES AND JB-INFLATABLES’ LICENSOR (COLLECTIVELY REFERRED TO AS JB-INFLATABLES FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE JB-INFLATABLES THE INFLATABLE DESIGNER SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OR SATISFACTLY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THEIRD PARTY RIGHTS. JB-INFLATABLES DOES NOT WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. JB-INFLATABLES DOES NOT WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFLATABLE DESIGNER OR SERVICES, THAT THE FUNCTIONS CONTAINED IN THE INFLATABLE DESIGNER OR SERVICES WILL MEET YOUR REQUIREMENT, THAT THE OPERATION OF THE INFLATABLE DESIGNER OR SERVICES WILL BE UNINTERRRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE JB-INFLATABLES SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JB-INFLATABLES OR AN JB-INFLATABLES AUTHORIZED REPRESENTAIVE SHALL CREATE A WARRANTY. SHOULD THE INFLATABLE DESIGNER OR SERVICES PROVED DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL JB-INFLATABLES BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECTO OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF, OR RELATED TO, YOUR USE OR INABILITY TO USE THE INFLATABLE DESIGNER OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TOR OR OTHERWISE) AND EVEN IF JB-INFLATABLES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall JB-INFLATABLES’ total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty euros (€50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the Netherlands This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
- Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of The inflatable designer Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, with the exception of any additional terms and conditions you are required to accept if you choose to use JB-INFLATABLES’ web site, which will govern your use of The inflatable designer and any Services you select. No amendment to or modification of this License will be binding unless in writing and signed by JB-INFLATABLES. Any translation of this License is done for local requirements and in the event of a dispute between the Dutch and any non-Dutch versions; the Dutch version of this license shall govern.