Terms & Conditions
PLEASE READ THESE TERMS AND CONDITONS BEFORE USING THIS SITE.
The www.layoutexecutive.com website is owned & operated by M3Rush Pty Ltd and Noah Rush (“Licensor”). By using this website or by clicking on "I have read the terms and conditions”, you are accepting the below terms and conditions. If you have any queries regarding these terms and conditions, please contact us by email at email@example.com.
By downloading the Layout Executive Newspaper Templates, you (the "Licensee") agree to be bound by the terms and conditions of this Licence Agreement (“Agreement”).
2. Grant of licence
Subject to payment of applicable licence fees, Licensor grants Licensee a non-exclusive and non-transferable licence to use the Layout Executive Newspaper Templates, any accompanying bonuses, and other associated "online" or electronic documentation or information (the "Newspaper Templates") only for the Licensee’s own use in the production of its newspaper, or another purpose expressly approved by the Licensor.
The Newspaper Templates are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Newspaper Templates are licensed, not sold.
The Licensor reserves the right to refuse a licence of the Newspaper Templates to a Licensee for any reason including, but not limited to, Licensee promoting controversial material, product or service, or if Licensee is doing anything suspected to be illegal.
The Licensee will be given a 120 day money back guarantee beginning immediately after payment of the licence fee. Such a refund is subject to the Licensee first providing the Licensor with a written report about any reasonable errors or failures in the Newspaper Templates, and the Licensor not being able to correct or replace such reasonable errors or failures. After 120 days has passed, Licensee will not be eligible for refund.
3. Licensee obligations
Licensee agrees to comply with any legal obligations, including but not limited to, obligations imposed by copyright, confidential information, defamation, decency, and export laws.
Except as otherwise expressly permitted under section 2 of this Agreement, Licensee may not: (i) modify or create any derivative works of the Newspaper Templates; (ii) redistribute, encumber, sell, rent, lease, sublicense or otherwise transfer rights to the Newspaper Templates; (iii) copy the Newspaper Templates.
5. Proprietary rights
Title, ownership rights, and intellectual property rights in the Newspaper Templates shall remain in Licensor. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardise, limit or interfere in any manner with Licensor's ownership of or rights with respect to the Newspaper Templates. The Newspaper Templates are protected by copyright and other intellectual property laws and by international treaties.
Licensor reserves the right to alter the appearance and functionality of the Newspaper Templates as Licensor deems necessary. If Licensee wants any extra work done that is not described in this Agreement (i.e. modifications or customisations after the Newspaper Templates have been downloaded), the Licensee will be billed at US$60 per hour from the Licensor, or as otherwise arranged with the Licensor.
All title and copyright in and to the Newspaper Templates (including but not limited to the design, layout, paragraph and character styles and all contents incorporated into the Newspaper Templates, but not including the fonts which are separately licensed to the foundry that creates them) which, for the avoidance of doubt, includes any accompanying bonuses, other associated "online" or electronic documentation or information, and any copies of the Newspaper Templates are owned by Licensor. The Newspaper Templates are protected by copyright laws and international treaty provisions. Therefore, Licensee must treat the Newspaper Templates like any other copyrighted material. For the avoidance of doubt, the Licensee may not copy, rent, lease, or sell any materials (whether printed or electronic) accompanying the Newspaper Templates.
8. Limitation of liability
To the maximum extent permitted by law, in no event shall Licensor be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Newspaper Templates or the provision of or failure to provide support services, even if Licensor has been advised of the possibility of such damages.
In any case, Licensor's entire liability under any provision of this Agreement shall be limited to the amount actually paid by Licensee for the licence of the Newspaper Templates.
9. Limited warranty
To the extent permitted by law, Licensor disclaims all warranties of title, merchantability, fitness for a particular purpose or non-infringement of third parties' rights. Licensor does not warrant that the Newspaper Templates will meet Licensee’s requirements or will operate in the combinations which may be selected by Licensee or that the operation of the Newspaper Templates will be secure, error-free or uninterrupted and Licensor hereby disclaims any and all liability on account thereof.
The extent of Licensor's duty under this limited warranty shall be the correction or replacement of any product which fails to meet this warranty. In the event of a breach of this warranty, and if Licensee provides Licensor with a written report, Licensor will use reasonable efforts to correct or replace promptly, at no charge to Licensee, the errors or failures. This is Licensee's sole and exclusive remedy for breach of any express or implied warranties hereunder.
This section 9 does not exclude any warranties that may not be excluded by law and any liability arising hereunder shall be limited to the correction or replacement of the applicable product, at Licensor's option.
(a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements and communications, whether oral or written, between the parties relating to the subject matter hereof, and all past courses of dealing or industry custom. The terms and conditions hereof shall prevail over any conflicting purchase order or other written instrument submitted by Licensee.
(b) This Agreement may be amended only by an agreement in writing signed by both parties.
(c) This Agreement shall be governed by the laws of New South Wales, Australia without reference to its conflict of law provisions.
(d) Unless otherwise agreed in writing, all disputes relating to this Agreement shall be subject to final decision of the courts of Australia, with the losing party paying all legal costs (including, but not limited to, lawyers fees and court fees).
(e) If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect.
(f) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
(g) The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination.
(h) Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein without the prior express written consent of Licensor, which will not be unreasonably withheld.
(i) This Agreement shall be binding upon and shall insure to the benefit of the parties, their successors and permitted assigns.
(j) Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.
(k) Licensor reserves the right to change this Agreement within reason, without notice, based on legal changes within governing law or technological changes in internet technology.
(l) The relationship between Licensor and Licensee is that of independent contractors and neither Licensee nor its agents shall have any authority to bind Licensor in any way.
(m) If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith.
(n) The headings to the sections of this Agreement are used for convenience only and shall have no substantive meaning.
Without prejudice to any other rights, Licensor may terminate this Agreement for any reason such as, but not limited to, Licensee failing to comply with the terms and conditions of this Agreement or if Licensee is engaged in any illegal activities. In such event, licensee must destroy all copies of the Newspaper Templates and all of its component parts it has access to. All license fees are not redeemable if termination occurs.
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