This agreement applies to the download and use of computer files, applications, extensions, and components “collectively, DOWNLOADED FILES” posted in this Download Area.
THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND Hello Design Studio WHICH SPECIFIES THE LICENSE TERMS AND WARRANTY AND LIABILITY LIMITATIONS REGARDING YOUR USE OF DOWNLOADED FILES MADE AVAILABLE BY THE COMPANY.
NON - Hello Design Studio FILES AVAILABLE THROUGH THIS DOWNLOAD AREA ARE SUBJECT TO THE SPECIFIC LICENSE CONDITIONS OF THEIR RESPECTIVE AUTHORS, AND ARE ADDITIONALLY SUBJECT TO BOTH THE LIABILITY AND WARRANTY LIMITATIONS OF THIS LICENSE AGREEMENT. INSTALLATION OR USE OF THESE DOWNLOADED FILES INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE ANY OF THESE FILES.
Not Commercial Software
THE DOWNLOADED FILES SUBJECT TO THIS AGREEMENT ARE NOT COMMERCIAL SOFTWARE. THEY ARE NOT COVERED BY ANY OTHER WARRANTY CONTAINED IN ANY OTHER LICENSE AGREEMENT BETWEEN YOU AND Hello Design Studio. Hello Design Studio HAS PERFORMED NO QUALITY ASSURANCE TESTING AND WILL NOT MAINTAIN AND SUPPORT ANY DOWNLOADED FILES UNLESS OTHERWISE EXPLICITLY INDICATED.
No Additional Licenses
This Agreement does not authorize you, in any manner or medium, to use Hello Design Studio names, logos, or trademarks or to indicate that you are using a Hello Design Studio file. You acknowledge and agree that all rights, title, and interest in and to the file belong to Hello Design Studio or the creator of such downloadable file. You do not derive and will not be able to assert any title or interest in the Downloaded File other than the rights and licenses granted under this Agreement.
You acknowledge and agree that you do not receive any rights to patents, copyrights, trademarks, or any other rights or licenses belonging to Hello Design Studio or other creator of the Downloaded File beyond those expressly granted in this Agreement (or any agreement accompanying a third-party Downloaded File).
Hello Design Studiomay terminate this Agreement at any time for any reason (or no reason), with or without notice. Upon any termination of this Agreement, all rights granted herein shall immediately terminate, and you must promptly return to Hello Design Studio or destroy all copies of all Files Downloaded from this download area.
Risk of Use
YOU UNDERSTAND THAT THE DOWNLOADED FILES MAY NOT HAVE BEEN TESTED AND MAY HAVE ERRORS AND PRODUCE UNEXPECTED RESULTS. YOUR USE OF ANY DOWNLOADED FILE IS ENTIRELY AT YOUR OWN RISK.
THE DOWNLOADED FILES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OR REPRESENTATION WHATSOEVER, EXPRESS OR IMPLIED. Hello Design Studio SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.
You agree to defend, indemnify, and hold harmless Hello Design Studio against and in respect of any claim, suit, loss, damages, obligations, penalty, deficiency, or liability (including, without limitation, attorneys' fees) imposed upon, incurred by, or asserted against Hello Design Studio that result from or are alleged to result from (a) any breach of this Agreement, (b) any acts, misrepresentations, or omissions in connection with this Agreement, (c) any modification or alteration of a Downloaded File, and/or (d) any warranty, condition, representation, or indemnity granted by you for any Downloaded File.
Limitation on Liability
IN NO CASE SHALL Hello Design Studio BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL Hello Design Studio’s LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU TO THE COMPANY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE WARRANTY LANGUAGE ABOVE MAY NOT APPLY TO YOU. IN SUCH CASE, Hello Design Studio’s LIABILITIES SHALL BE LIMITED BY THIS LIMITATION ON LIABILITY PROVISION.
Export Law Assurances
You acknowledge that the Downloaded Files are subject to the export control laws and regulations of the Canada. You confirm and agree that you will not export any Downloaded File, directly or indirectly, to any country or end user that is subject to Canadian export restrictions, or import into any country, except as permitted by the laws and regulations of the applicable country.
Canadian Government Restricted Rights
Hello Design Studioreserves all unpublished rights under the Canadian Copyright laws.
You have no authority to act on Hello Design Studio’s behalf or to bind Hello Design Studio to any obligation or representation, and you and Hello Design Studio shall not be deemed to be partners, joint venturers, or agents of the other.