PLAN SYMBOLS END-USER LICENSE AGREEMENT – DOWNLOAD AGREEMENT SINGLE USER
Take note: It is not allowed to incorporate Plan Symbols in software or apps, especially floor planner apps, without our explicit and written permission.
Please read this Agreement carefully before purchasing or using any illustration, image, collection or other content from www.plan-symbols.com.
1) Legal Contract
This is a legal contract between you and Plan Symbols (also sometimes referred to herein as www.plan-symbols.com). By downloading Content (as defined below) from our website, you have agreed to be bound by the terms of this Agreement in respect of that Content. If you do not accept or agree with these terms do not download the Content.
2) Content
The Content is provided under the terms in this agreement. By content is meant any data file (illustration, photographic image, animation or any other material) you are downloading from www.plan-symbols.com in conjunction with you accepting this Plan Symbols End-User License Agreement.
3) Use of Content
You are granted one (1) license for you as one (1) designated user to use the Content. You must purchase another separate license to the Content for each and any additional user. For example, if your company has five persons using the Content, you need to purchase five licenses.
4) License
You are granted a perpetual, non-exclusive, non-transferable license to use the Content on the terms and conditions contained and agreed upon in this agreement. The intellectual property rights are still owned by Plan Symbols. Unless the activity is expressly permitted, the activity is not legal.
5) The following activities are legal, and you may:
5A. Install the downloaded Content in one location.
5B. Physically transfer the downloaded content and its archives from one location to another. However, the content may only be used in one location at a time by one person. For multi Seat licenses please contact us using the contact form on the website.
5C. Make one (1) backup copy. License agreement included in the download, must also be reproduced at this single back-up copy.
5D. The content can be used to create derivative works, meaning a new original which incorporates but is not substantially similar to the Content, by incorporating the Content or parts of the Content into your own work, and be published in the following applications:
1. Advertising and promotional items including: brochures, flyers, advertising, posters, magazines, newspapers, catalogues, reports, educational textbooks, film and video presentations and books.
2. Digital presentations and digital documents for advertising, promotional and / or informational purpose.
3. Online and / or electronic publications. This includes web pages to a maximum of 200 x 200 pixels per object or texture within the illustration.
4. Prints and reproductions for personal use.
5. For the purpose of reproduction Transfer files containing Content or Derivative Work(s) to your clients, printers, or ISP. This provided that such parties shall have no further rights to use the Content without themselves register, accept and apply to this Royalty Free end-user agreement.
6) You may NOT do anything with the Content unless it is expressively allowed in this disclaimer. For further clarification (thus NOT representing all illegal activities or use), the following activities are NOT legal, and you may NOT:
6A. Provide a copy of the Content, or any parts thereof, or allow anyone access to the Content, including making the Content available via file transfer sites or torrents, unless it is permitted according to the section above.
6B. Resell the Content or parts thereof, use the Content or parts or portions thereof in design templates or floorplans for resale.
6C. Use the Content or parts thereof on greeting cards, t-shirts, postcards, posters, calendars or other items for sale.
6D. Use the Content or parts thereof, fully or as a part of a trade-mark, trade-name, business name, logo or design mark.
6E. Display the Content or parts thereof on websites designed for sales of print on demand products.
6F. Incorporate Content or parts thereof in any product or software resulting in a redistribution of the Content.
6G. Use the Content or parts of the content in a way that may be considered pornographic, obscene, defamatory, discriminatory or libelous in nature.
6I. Remove any notice of copyright, trade mark or other proprietary right from where it appears in the Content or its accompanying materials.
6J. Distribute any Content i.e. sub-license, sell, lend or rent.
6K. In any way transfer the rights to any Content or accompanying materials unless according to this Agreement.
7) Validity
This Agreement is valid until terminated. You, the customer can terminate the Agreement by destroying the Content and any Derivative work, as well as safety copies of the same, and cease to use the Content and Derivative work. If you fail to comply with this Agreement, the Agreement is automatically terminated, and you must destroy the Content and any Derivative work, as well as safety copies of the same, and cease to use the Content and Derivative work.
8) Plan Symbols Liabillity
Plan Symbols entire liability concerning any claims arising out of your use of Content are to a) On request to plan symbols permit the Content to be downloaded again from www.plan-symbols.com, and b) If you still are unable to download the Content Plan Symbols will refund the actual fee paid by you for the Content, provided Plan Symbols determines that you have been unable to download or receive the Content successfully.
9) Warranty Disclaimer
The materials are provided \”as is\” without representation, warranty or condition of any kind, either express or implied, including, but not limited to the implied representations, warranties, scale or conditions of merchantability, or fitness for a particular purpose. Plan Symbols does not represent or warrant that the downloaded materials will meet your requirements or that their use will be uninterrupted or error free.
10) Computer Viruses
Plan Symbols do not warrant that the Downloaded Data Files or the Plan Symbols website do not contain any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or harm computer equipment or software programs, and shall not be liable for any damages caused by your use of www.plan-symbols.com or your downloading of an Content from the same. Plan Symbols use appropriate anti-virus and other protective software to reduce the risk, and similarly recommend that you install and use similar programs.
11) Jurisdiction
This agreement will be managed by the laws of the Netherlands. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any dispute regarding these legal agreements shall be manages and governed, which each of the parties hereby do expressly submit and accept, by the exclusive jurisdiction of the Dutch courts, regardless of conflicts of laws.
12) Indemnification
By this Agreement you agree to indemnify and hold plan symbols harmless against all claims or liability asserted against Plan Symbols arising out of or in connection with any breach by you or anyone acting on your behalf of any of the terms of this Contract.
13) Taxes
You agree to be responsible for, and pay any taxes (of all kinds) imposed by any jurisdiction as a result of the license(s) granted to you by Plan Symbols, and /or your use of any Content provided to you by Plan Symbols.
14) DISCLAIMER
the content and functionality on www.plan-symbols.com is provided with the understanding that plan symbols does not accept any responsibility or liability for use of this web site and the materials and information contained herein. All content and functionality on the site is provided \”as is,\” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Plan Symbols shall under no circumstances be liable for any indirect, incidental, consequential, or punitive damages or for lost revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability.
16) acknowledgement
by checking the box “ i agree to the terms and conditions” during checkout you acknowledge that you have read this contract, understand it, and agree to be bound by its terms and conditions. you further agree that it is the complete and exclusive statement of the contract between you and plan symbols, which supersedes any proposal or prior contract, oral or written, and any other communication between you and plan symbols relating to the subject of this contract.