END USER LICENSING AGREEMENT
END-USER LICENSE AGREEMENT FOR MEGAN KELSEY SHOP DIGITAL PRODUCTS DISTRIBUTED BY MEGAN KELSEY PHOTOGRAPHY LLC
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: PRISM PRESET SUITE.
End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and MEGAN KELSEY PHOTOGRAPHY LLC for the PRISM PRESET SUITE software product(s) identified above which may include associated software components, media, printed materials, and “online” or electronic documentation. By installing, copying, or otherwise using the PRISM PRESET SUITE, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and MEGAN KELSEY PHOTOGRAPHY LLC, (referred to as “licenser”), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the PRISM PRESET SUITE.
The PRISM PRESET SUITE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The PRISM PRESET SUITE is licensed, not sold.
GRANT OF LICENSE. THE PRISM PRESET SUITE IS LICENSED AS FOLLOWS:
Installation and Use
MEGAN KELSEY SHOP grants you the right to install and use up to 2 copies of the PRISM PRESET SUITE on your own personal or business use computers running a validly licensed copy of the operating system for which the PRISM PRESET SUITE was designed [e.g., OSX or Windows].
Backup Copies
You may also make copies of the PRISM PRESET SUITE as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Maintenance of Copyright Notices
You must not remove or alter any copyright notices on any and all copies of the PRISM PRESET SUITE.
Distribution
You may not distribute registered copies of the PRISM PRESET SUITE to third parties.
Prohibition on Reverse Engineering, Decompilation, and Disassembly
You may not reverse engineer, decompile, or disassemble the PRISM PRESET SUITE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Rental
You may not rent, lease, or lend the PRISM PRESET SUITE.
Support Services
MEGAN KELSEY SHOP may provide you with support services related to the PRISM PRESET SUITE (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the PRISM PRESET SUITE and subject to the terms and conditions of this EULA.
Compliance with Applicable Laws
You must comply with all applicable laws regarding use of the PRISM PRESET SUITE.
3. TERMINATION
Without prejudice to any other rights, MEGAN KELSEY SHOP may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the PRISM PRESET SUITE in your possession.
4. COPYRIGHT
All title, including but not limited to copyrights, in and to the PRISM PRESET SUITE and any copies thereof are owned by MEGAN KELSEY SHOP or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the PRISM PRESET SUITE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by MEGAN KELSEY SHOP.
5. NO WARRANTIES
MEGAN KELSEY SHOP expressly disclaims any warranty for the PRISM PRESET SUITE. The PRISM PRESET SUITE is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. MEGAN KELSEY SHOP does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the PRISM PRESET SUITE. MEGAN KELSEY SHOP makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. MEGAN KELSEY SHOP further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall MEGAN KELSEY PHOTOGRAPHY LLC be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of ‘Authorized Users’ use of or inability to use the PRISM PRESET SUITE, even if MEGAN KELSEY PHOTOGRAPHY LLC has been advised of the possibility of such damages. In no event will MEGAN KELSEY PHOTOGRAPHY LLC be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. MEGAN KELSEY PHOTOGRAPHY LLC shall have no liability with respect to the content of the PRISM PRESET SUITE or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
7. RETURN POLICY
All sales are final. No refunds will be given for products that is delivered via digital download from our site. Because of the nature of our products, it is not possible to “return” the products and ensure that the license is no longer used. This is a similar policy to many other non-activated digital products. The reason we don’t want to use a plugin interface which would allow for a possibility of license activation/deactivation, is so that you the user doesn’t need to learn another interface and also we don’t want to slow down the host application.