Usage Rights

BadBonz Designs End User License Agreement

Definitions
As used in this Agreement, the term “BadBonz Designs Artwork” means collectively BadBonz Designs, its contributors and artists, its affiliated companies, its authorized distributors and resellers, and any third party which has licensed to BadBonz Designs.
The term “BadBonz Designs Artwork” includes all related documentation, images and artwork files, and any or all of the intellectual property rights associated with the company.

Copyrighted Artwork
The BadBonz Designs artwork is embedded with a personalized account ID.
BadBonz Designs actively seeks criminal and/or civil prosecution of violators of the End User License Agreement. Prosecution may include, but is not limited to: damages incurred concerning lost profits, attorney fees and/or statutory damages.

  • Penalty for the distribution or use of copyrighted artwork in violation of the “1998 Digital Millennium Copyright Act (Section 1204)” include fines of up to $100,000 or 10-years imprisonment.

BadBonz Designs End User License Agreement
Please read the terms in the full End User License agreement and the License and Usage Overview carefully. Purchasers not agreeing to the terms of the Agreement are not permitted to use the BadBonz Designs artwork.
Clicking the “Download” links found on the BadBonz Designs website, or installing original artwork from BadBonz Designs, means the purchaser agrees with the terms under the BadBonz Designs End User License Agreement.

  • The End User License Agreement is a contract between the purchaser and BadBonz Designs.
  • The End User License Agreement is a license to use BadBonz Designs artwork, NOT an agreement of ownership.
  • The BadBonz Designs End User License is non-transferable.

End User License Agreement Purchase
To purchase a license for piece of BadBonz Design Artwork and agree to the End User License Agreement, click the download link for the Artwork chosen. Upon payment of the non-refundable license fee, BadBonz Designs grants the purchaser a non-exclusive, non-transferable, limited right to use the artwork for personal or internal business use.

Limited License for Artwork
The Artwork is for use by the purchaser on the permitted number of licensed computers at a single, geographical location, but remains the sole property of BadBonz Designs.

  • Portable computers may be included within the number of permitted Licensed Computers provided that such portable computers are primarily used at the Licensed Location.
  • You may not install the BadBonz Designs artwork on a file server accessible via the Internet or other external network not located at the licensed location.

Intellectual Property Rights
The BadBonz Designs artwork and permitted copies, and the trademarks associated with the artwork, are intellectual property owned by BadBonz Designs. The License purchaser further acknowledges and agrees that the structure, organization and code of BadBonz Designs are valuable trade secrets and the exclusive confidential information of BadBonz Designs.
The BadBonz Designs artwork is protected by copyright including without limitation, by United States Copyright Law, International treaty provisions, and applicable laws in the jurisdiction of use.

Termination
The license rights granted under this Agreement will immediately and automatically terminate without notice if the purchaser fails to comply with any term or condition of this Agreement. Upon termination, all copies of the BadBonz Designs artwork must be destroyed. The balance of the Agreement shall survive any such termination of license rights.

Warranty
BadBonz Designs warrants that all artwork will perform as outlined in the user documentation in effect at the time of the commencement of the license. BadBonz Designs agrees to correct substantial, reproducible, malfunctions during the warranty period provided your product is properly registered; and you give immediate notice and sufficient detail of malfunctions to BadBonz Designs.
The correction may also be achieved by delivery of new versions of the artwork in which case the warranty does not cover additional functionality and performance.
BadBonz Designs has no responsibility in the event you fail to provide proof of license.

Disclaimer
BadBonz Designs does not, and can not warrant the performance or results obtained using the artwork. Except for the limited warranty, BadBonz Designs makes no warranties, conditions, representations or terms, express or implied, whether by statute, common law, custom, usage or otherwise as to other matters, including without limitation, non-infringement of third party rights, title, integration, satisfactory quality, merchantability or fitness for any particular purpose.

No Refunds
The BadBonz Designs artwork license is nonreturnable and nonrefundable.

Damages: Limitations
To the extent not prohibited by law, in no event shall BadBonz Designs be liable for any incidental, special, indirect 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 artwork software, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if BadBonz Designs 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 BadBonz Designs cumulative liability for any loss or damage (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (US$50.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.

Business or Organization End Users Only
The term “Internal Business Use” does not include use by: (a) individuals who are not license holder employees or authorized agents; or (b) employees or authorized agents who are not using the BadBonz Designs artwork on a Licensed Computer at the Licensed Location. Employees and authorized agents must be informed of the terms and conditions of this Agreement, and all such persons must agree to be bound by this Agreement before given access to the Artwork.
By licensing the Artwork for business use, the purchaser further agrees that, within 30 days of receipt of written request from BadBonz Designs, full documentation and certification that any and all BadBonz Designs artwork usage conforms to the BadBonz Designs license(s), will be provided.

Governing Law
This Agreement is governed by the laws of Washington, U.S.A. Except when in conflict with laws and provisions the United Nations Convention on Contracts for the International Sale of Goods. If any part of this Agreement is found void and unenforceable the balance of the Agreement will remain valid and enforceable according to its terms.

This Agreement represents the entire agreement/contract between the license purchaser and BadBonz Designs. This Agreement may only be modified by BadBonz Designs. All modifications must be declared in a written statement expressly establishing that such writing is intended to modify the Agreement.

Contacting BadBonz Designs
All support requests, completed registrations, and other inquiries should be sent to: BadBonz Designs