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Terms of Use
Ready4Biz is a product/service
of Arleca Inc. and is not its own company.
In consideration of the payment
of the license fee for the Web
Templates, Arleca grants the client a personal,
non-exclusive license to use the Web
Templates in accordance with the terms
of this Agreement. Arleca reserves
the right, at its discretion, to change, modify,
add, or remove portions of these terms at any
time. The Client's use
of the Web Templates following
the posting of changes confirms continued acceptance
and agreement of such changes. The
Client agrees to be bound by the terms
herein.
LICENSE
Arleca Inc. grants
the client a nonexclusive limited license to use
the Web Templates in accordance
with these terms of use (the "license").
a) Limitation
The client may not offer the Web
Templates for redistribution or resale
at anytime. The client is granted a one-time-use
license for each template.
b) Unauthorized Use
The client may not make any copies or place the
Web Templates on a diskette,
CD, website or any other medium and offer them
for redistribution, use, resale, or as part of
an online tool.
c) Nontransferable License
The client may not sub-license, assign, or transfer
this license to anyone else without prior written
consent from Arleca, which
consent may be unreasonably withheld.
d) Ownership
The client acknowledges that Arleca
is the owner of all intellectual
property rights, including but not limited to
all, designs, layouts, copyright and images, in
the Web Templates. No right,
title or ownership interests of any kind whatsoever
in the Web Templates shall,
other than the limited license granted hereunder,
transfer to the Client under this Agreement. Copyright
ownership remains at all times exclusively with
Arleca.
If payment for the Web Template is not
received within 3 months of the web site launch,
Arleca has the right to remove the Web Template
until receipt of payment in full.
Copyright of Photos/Images
For greater clarification, all designs,
layouts, photographic and graphic images used
in the Web Templates Collection
of pre-designed web site templates are
copyright-owned by their respective owners. The
Client agrees that rights of usage are
exclusively limited to the intended web site.
The images may not be used for any other purpose,
copied, resold, loaned or transferred. The right
of usage is granted only upon full payment of
web site designs or associated services including
revisions, changes, options and modifications.
NO OWNERSHIP OF IMAGES INCORPORATED INTO WEB SITE
DESIGNS IS GRANTED.
Indemnity/Copyright Violation
of Client Provided Images, Content, Products or
Services
The client agrees to hold Arleca,
its officers, employees, agents or representatives
harmless against any claims, damages, costs and
expenses and liability of any kind arising from
the use of Arleca products
and the incorporation of client provided images;
Third Party hyperlinks/endorsements; approved/provided
content; products or services into its selected
web site design. It is the client's sole legal
responsibility to ensure that no image provided
by the client is copyrighted, trademarked, or
owned by a third-party which may prohibit usage
or incorporation into Arleca produced
marketing media including web sites.
The client expressly agrees Arleca
is not responsible, with respect to any information,
product or service offered by others who are linked
to the Web Template web site.
Arleca shall not be
liable for any damages allegedly sustained arising
out of use of the information, products and services.
Warrantee/Limitation of Liability
Neither Arleca, its
officers, employees, agents or representatives
shall be liable to the client or any third party
for any damages whether direct, indirect, consequential
or incidental arising out of the use of the Web
Templates or its products, services or
promotions. Damages and liability is expressly
limited to license fees paid by the undersigned.
Content
The Client must approve the
content developed within the Copywriting and Editing
Services and does not hold Arleca Inc. responsible
for any legal consequences that may occur.
Only upon full payment of all licensing
fees, Arleca will extend
a right of usage of web site designs and productions
including design, development and applications.
Ownership of such remains exclusively that of
Arleca. Right of usage
may not be transferred, loaned, sold, subleased,
duplicated and may not be re-adapted for any other
purpose.
Marketing and Promotion
Client expressly grants Arleca
the right to reference, display and incorporate
its web site and online creations developed by
Arleca or any of its divisions
in its marketing promotions.
The Web Template will have an active hyperlink
to www.Ready4Biz.com on each web page. The client
is not permitted to remove the hyperlink while
the web site is on the Internet.
Termination and Penalty for
breach of Legal Policy/Terms and Conditions.
The license granted under this Agreement
shall remain in effect until terminated. The client
may terminate this Agreement at any time. Arleca
may terminate this license without notice
to the client if the client fails to comply with
any of its terms. Any such termination shall be
in addition to and without prejudice to such rights
and remedies as may be available, including injunctive
and equitable remedies. Upon receipt by the client
of written notice of termination from Arleca
or termination by the client, the client
shall immediately (a) cease using the Web
Templates (b) return all written documentation
and electronic media, including Web
Templates to Arleca
or destroy all copies thereof in the client's
possession, at the sole discretion of Arleca;
and within 3 days thereafter, provide Arleca
with written confirmation that the client
have complied with the foregoing.
Governing
Law
This Agreement shall be governed by the
Laws of the Province of Ontario, Canada, without
giving effect to the principles of conflicts of
law, and excluding that body of law applicable
to choice of law and excluding the United Nations
Convention on Contracts for the International
Sale of Goods, if applicable. The client expressly
agree that the Courts of Ontario constitute a
proper and convenient forum for any such litigation
and the client agrees to submit to the exclusive
jurisdiction of such Courts.
Entire Agreement
This is the entire Agreement between the
parties and each provision of this Agreement shall
be deemed independent and severable and the invalidity
or unenforceability in whole or in part of any
one or more of such provisions shall not be deemed
to impair or affect the validity or enforceability
of the remainder of this Agreement.
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