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End User License Agreement

This is a legal agreement between ............................... End User ............................... with its principal office located at ............................... (hereinafter called "End User"), and MagicGroup s.r.o. with its principal office located at K Lipam 345, 39701 Pisek, Czech Republic, VAT CZ26027402 (hereinafter called "MagicGroup") pertaining the download or purchase any image, illustration, software or CD (hereinafter called "CONTENT") by the End User from MagicGroup.

Copyright

Title to all copyright and other intellectual property rights in and to the CONTENT, and any copies of the CONTENT, are owned by MagicGroup and/or its licensors. MagicGroup reserves all rights not expressly granted in this Agreement. As the End User of this CONTENT you are free to use the CONTENT as you wish subject to the restrictions set out below.

Read this Agreement carefully before using the CONTENT. By using the CONTENT, the End User agrees to accept the full terms of this Agreement. If the End User doesn't agree to the full terms of this Agreement, it shall return the CONTENT in the original package to the distributor/dealer from whom it purchased it for a full refund.

CONTENT Specification

The Animal Box™ (12 CD-ROMs)
Mammals 1Amphibians_Reptiles
Mammals 2Fish 1
Mammals 3Fish 2
Birds 1Invertebrates 1
Birds 2Invertebrates 2
Birds 3Domestic Animals

Trademark

The trademarks, logos and/or designs appearing in the CONTENT are the property of MagicGroup and are protected by trademark laws. MagicGroup reserves all rights not expressly granted by this Agreement.

License

MagicGroup hereby grants to the End User a non-exclusive and non-transferable license to:

  • copy and install the CONTENT onto its computer and use it on one computer with one user at a time
  • reproduce, modify and distribute the CONTENT as part of the End User's product and/or service;
  • print the CONTENT in any size and quality in any publication;
  • use the CONTENT in multimedia presentations or applications on disc or CD-ROM at a resolution 72dpi;
  • use the CONTENT in a broadcast medium, such as on television. For electronic and/or multimedia communications. (i.e. presentations, training programs, video and web page design) at a resolution 72dpi;

However, without the prior written approval of MagicGroup, the End User is forbbiden to:

  • use the CONTENT in more than one computer or computer terminal at same time;
  • sell, license, rent, lease, grant or otherwise distribute the CONTENT or derivative works of the CONTENT on a stand-alone basis or as part of any collection. However, the CONTENT may be transmitted and distributed as a part of any End User's product or service for resale, or as a part of any promotional, marketing or advertising documents distributed as a part of the End User's product and/or service. Examples of permissible use include, but are not limited to: advertisements, books, brochures, correspondence, leaflets, newsletters, newspapers, postcards, posters, presentation, product catalogs, stationary needs, trade show materials and websites;
  • disassemble, modify, translate, de-compile, or create derivative works based on the CONTENT and/or applications programs imbedded in the CONTENT;
  • make the CONTENT available for purchase, distribution or download;
  • post the CONTENT on any electronic bulletin board;
  • put the CONTENT on-line in a downloadable format;
  • use the CONTENT in multimedia presentations or applications on disc, CD-ROM, or on a website at a resolution higher than 72dpi;
  • use or allow another person or entity to use the CONTENT to create scandalous, obscene, or immoral images.

When using the images for packaging, advertising or any products for resale, the credit has to be assigned to MagicGroup. (i.e.: © Illustration: MagicGroup)

Limited Warranty

MagicGroup warrants the CONTENT to be free from defects in material and workmanship for a period of thirty (30) days from the date of purchase. MagicGroup's entire liability, and the End User sole remedy for a breach of this warranty shall be limited to the replacement of the CONTENT or a refund of the purchase price, at MagicGroup's option. MagicGroup makes no other warranty, whether expressed or implied, of merchantability, fitness for a particular purpose, or compatibility with any computer or other kind of equipment. Neither MagicGroup nor its distributors/dealers shall be liable to the End User for any direct, indirect, incidental or consequential damages whatsoever arising from the use of, or the inability to use, the CONTENT. This limited warranty shall be void in the event of CONTECT defects or failure resulting from accident, abuse or misapplication.

Governing Law

This Agreement is governed by the laws of The Czech Republic. If any provision of this Agreement is found to be void and unenforceable, it shall not affect the validity of the other provisions, which shall remain valid and enforceable according to their terms. This Agreement constitutes the entire agreement between MagicGroup and the End User and supersedes all prior agreements, understandings, communication or advertisment between the parties hereto with respect to the CONTENT and documentation.


IN WITNESS WHEREOF the parties have duly executed this Agreement as of 2005.


MagicGroup, s.r.o................................ (the End User)
Name: ...............................Name: ...............................
Position: ............................Position: ............................
Date: .................................Date: .................................