End User License Agreement
Creative Dojo
PLEASE READ THIS AGREEMENT CAREFULLY
You may use this product in your personal or commercial projects. You may not redistribute or
repackage any of the contents in this product. By using this product, you agree to the terms below.
THIS END USER LICENSE AGREEMENT (hereinafter referred to as the “Agreement”) is made on
January 1, 2021 between Creative Dojo (hereinafter referred to as the “Company”) and the party that
opens this package or uses the software, which accompanies this Agreement (hereinafter referred to as
the “User”). This Agreement gives a User the right to access the contents and software of this package
(hereinafter referred to as the “Products”), as further identified herein, purchased from the Company, its
resellers or agents pursuant to a purchase agreement, contract, sales order, invoice or similar document
(hereinafter referred to as the “Purchase Contract”). The Company is willing to grant the User the right to
access and use the Company’s Products only if the User accepts all of the terms of this Agreement, and
pays or has paid the Company, its resellers or agents, the full purchase price (to include all applicable
taxes and fees) for use of the license to the Products purchased.
By clicking the “I Agree” button and/or accessing the Products, the User acknowledges that User has
read this Agreement, understands it, and agrees to be bound by it. If the User does not agree to all of the
terms in this Agreement, the user should not access or otherwise utilize the Products because no license
shall have been granted thereto.
LICENSE
In consideration of the payment of the purchase price for the right to use Company’s Products, and the
User’s adherence to all provisions of this Agreement, the Company grants the User a personal,
non-exclusive, non-transferable, revocable license to access and use the Company’s Products covered
hereunder for the sole purpose of accessing the Products purchased under the Purchase Contract. The
Products also include any other programs, tools, components and any updates (for example,
documentation, help content, bug fixes, or other information and releases) related to the Products that
Company provides or makes available to you.
RESTRICTIONS
You are not licensed or permitted under this Agreement to do any of the following: allow any other
person to use the Products; rent, loan, resell, distribute, or redistribute the original CD or a copy of the
Products to any other person or entity; make the Products available on any file-sharing or application
hosting service; electronically send the Product to any other person; copy the printed materials or user
documentation accompanying the Product other than as necessary to support the uses permitted
above; making the Products available to others via shared access to a single computer, a computer
network, or by sharing access information, which includes the User’s Username and Password; reverse
engineer, disassemble, decompile, or translate the Products, or otherwise attempt to derive its source
code or the source code through which the Products is accessed; or authorize any third-party to do any
of the foregoing. The license granted hereunder is personal to the User, and any attempt by the User to
transfer any of the rights, duties or obligations hereunder shall terminate this Agreement and be void.
RESERVATION OF RIGHTS AND OWNERSHIP
The Company’s Products are the property of the Company and its licensor(s), if any, and subject to
applicable patent, copyright, trade secrets, trademarks and other proprietary rights. The Products are
licensed, not sold, to the User for use only under the terms of this Agreement, and the Company
reserves all rights not expressly granted to the User.
TERMINATION
This Agreement will terminate immediately if the User breaches any term of this Agreement. Further, in
the event of a termination or expiration of any agreement between the Company and a third-party
content provider or licensor of all or a part of the Products, the User’s right to access and use the
Products may also terminate or expire without prior notice to User. A User may terminate this Agreement
at any time by notifying the Company in writing. Upon receipt of notice of termination from the User, the
license and the User’s access to the Products shall cease. Upon termination, any refund to which the
User may be entitled shall be determined in accordance with the terms of the applicable Purchase
Contract.
CONTENT MAINTAINED BY THE COMPANY
User acknowledges and understands that: (1) the Company may, from time to time, elect to update the
Products, but the Company does not warrant or guarantee that any Products or other information
accessed through the Company’s website(s) will be updated at any time during the term of this
Agreement; and (2) the Company does not recommend, warrant or guarantee the use or performance of
any third-party product or service described in the Products or elsewhere in the Company’s website(s),
nor is the Company responsible for malfunction of such products or services due to errors in the
Products, the User’s negligence or otherwise. User agrees to seek additional information on any
third-party product or service from the respective third party. The User covenants that it will use the
Products only for its intended use.
WARRANTY DISCLAIMER
The Company and its suppliers provide the Product and support services (if any) AS IS AND WITH ALL
FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory,
including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of
fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of
results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product,
and the provision of or failure to provide support or other services, information, software, and related
content through the Product or otherwise arising out of the use of the Software. ALSO, THERE IS NO
WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND
CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE
SOFTWARE.
LIMITATION OF LIABILITY
Except as specifically provided herein, neither the Company, its affiliates, resellers, agents, or licensors,
if any, shall be liable for any claim, demand or action arising out of, or relating to, the User’s use of the
Products or the Company’s performance of (or failure to perform) any obligation under this Agreement or
for special, incidental or consequential damages, including, without limitation, damages due to lost
revenues or profits, business interruption, or other damages caused by User’s inability to use the
Products, even if the Company, its affiliates, resellers, agents, or licensors have been advised of the
possibility of such loss or damages, and whether or not such loss or damages is or are foreseeable. The
entire cumulative liability of Company, and its affiliates, resellers, agents, or licensors for any reason
arising from or relating to this Agreement shall be limited to the amount paid by you to Company for the
Products in the twelve (12) month period immediately preceding the event giving rise to such claim.
EXPORT LAW
The Company’s Products are subject to U.S. export control laws and may be subject to export or import
regulations in other countries. Unless in compliance with applicable law and specifically authorized in
writing by the Company prior to any Product access, the User shall not export the Products under any
circumstances whatsoever. In any case, the User will indemnify and hold the Company harmless from
any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including
reasonable attorneys’ fees) arising from, or relating to, any breach by the User of the User’s obligations
under this section.
GOVERNING LAW
This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of the
State of Texas as those laws are applied to contracts entered into, and to be performed entirely in Texas
by Texas residents.
AMENDMENTS
It is recommended that User review the Company’s website periodically for new or additional terms and
changes to this Agreement. Company has the right to change or add to the terms of this Agreement, and
to change, delete, discontinue, or impose conditions on any feature or aspect of the Products, including
but not limited to, terms, technical support options, and other product-related policies and features, at
any time and upon notice by any means Company determines in its discretion to be reasonable. Your
continued use of the Products after Company’s publication of any such changes shall constitute your
acceptance of this Agreement as modified.
WAIVER
No failure to enforce any term of this Agreement shall constitute a waiver of such term in the future
unless such waiver so provides by its terms.
ASSIGNMENT
Neither this Agreement nor any of the User’s rights or obligations hereunder may be assigned by the
User in whole or in part without the prior written approval of the Company. Any other attempted
assignment shall be null and void.
SEVERABILITY
If any part of this Agreement is for any reason found to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions of this Agreement shall not be affected and same
shall remain in effect.
COMPLETE AGREEMENT
This Agreement is the complete and exclusive statement of the agreement between the Company and
the User with respect to its subject matter, and supersedes and voids any proposal or prior agreement,
oral or written, and any other communications between the parties in relation to its subject matter. No
waiver, alteration or modification of this Agreement shall be valid unless made in writing and signed by a
corporate officer of the Company.