Downloadable Product User Agreement

Product:

Product Website:
https://merchantspackage.com
Company/Owner:

Last Updated:

Support:

Agreement Number:

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Agreement Summary & Terms Used

This agreement is exclusively for all downloadable products which from this point may be referred to as ‘downloads or downloadables‘. The downloads are the property of or are licensed to the above-listed company which from this point will be referred to as ?the company / we / us?. We may refer to you / the users of these downloads as ‘you / users / customers / licensees‘.

By using the downloads you accept and agree to be bound and abide by the terms of this agreement – if you don’t agree with these terms you must stop using the product.


Intellectual Property

You agree that the copyright, trademarks & product ownership remains with our company and or its licensors. The company may in the creation of these products use third-party downloadable products if the license permits it to do so. Modifications to any such work are derivative works which are the intellectual property of the company.


Rights Granted To You

The following rights are granted to you when you purchase / download & use the product:

[YES] You can use the product for both personal & commercial projects.
[YES] You can use the product on your own / your client’s websites / printed products.
[YES] You can use the product for your own physical & digital projects as long as this product is not the principal offering.
[YES] You can make your own digital derivative works that include the product & sell them as your own as long as the difference is clear to see & the derivative product is not sold as a similar or competitive work.


The Following Activities are Prohibited

[NO] You can’t sell the downloads or individual files to others
[NO] You can’t give, gift or distribute the product to others who have not paid for it or downloaded it directly from our website for free.
[NO] You can’t make the product downloadable to others


No Liability

You hold our company harmless from any loss or liability & / or your client’s loss or liability as a result of using the product.

Under no circumstances will the company be liable to any party for any direct, indirect, punitive, incidental, or other consequential damages arising directly or indirectly from the use of this product.

This product is provided ?as is? and without any warranties or guarantees implied or offered. Use of this product indicates your acceptance of this condition. If you do not agree with this condition, then you are not permitted to use this product.

Failure to read this notice does not void this agreement.

Some applicable laws may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, the liability for damages, regardless of the form of the action, shall not exceed the actual fee paid for the product.


No Warranty

The company does not give any warranty on the product. The product is sold ‘as is’ without any claims of being fit for any specific purpose.


No Professional Agreement

You agree that there is no professional agreement between you & our company. You have not paid any professional fees for any consultancy to us to determine that the product is fit for any specific purpose – you understand that you are making this determination yourself.


Limited Support / Own Support

Other than any limited support promised directly to you in our sales material, our company does not offer any support on this product.


Your Obligations

The company reserves the right to ask for you to present your proof of purchase for any service / support calls at its discretion.


Non-Transferable

These rights cannot be transferred or sold to any third party without our written permission. If you / your company changes name or ownership you must notify us of this in writing & ask for permission to transfer the rights granted to you here


Non-Refundable

Unless otherwise stated in the sales material, downloadables are not refundable unless you find that the product is defective or not as described.


Cancellation / Termination & End of Life

You accept that all digital products have a lifespan, may become out of date, may become incompatible or unfit for purpose through unforeseen third-party changes or technical / environmental changes outside the company’s control. These changes can include, operating system changes, web browser changes, coding platform limitations, new incompatible hardware, antivirus / antimalware conflicts, third-party software / API / platform changes, or other third-party factors. The company reserves the right to cancel, withdraw & terminate access to any such product with or without notice where it feels the time / costs / technical challenges prove uneconomical.


Breach of Agreement

We reserve the right to cancel this agreement where we feel you have abused the rights or upon any activities that can be seen as harmful to our business or our licensed / trademarks or copyrighted property.

We may seek reasonable damages allowed by law where these rights are abused.


Ⓒ These terms are subject to copyright - all rights reserved.