This End User Licence Agreement (hereinafter referred to as the Agreement or EULA) is between the end user (hereinafter referred to as You or Licencee), and POC IMAGES (hereinafter referred to as We, POC Images, or Stock Agency), the developer and owner of all the Assets on www.pocimages.ca (hereinafter referred to as the Website).
By registering and subscribing to our website, you agree to be bound by the terms of this Agreement with respect to that of pocimages.ca. If you do not accept or agree with these terms, do not register and/or subscribe to any POC IMAGES. POC IMAGES reserves the right to modify this Agreement at any time at its sole discretion.
2. Grant of License
2.1 As expressly permitted by the applicable license and subject to the limitations set forth herein and subject to payment by Licencee of the Purchase Subscription / Price, POC Images hereby grants you a non-exclusive, non-transferable right to download Assets from our Website and a non-exclusive, non-transferable, commercial license to Use the Assets within the subscription period. “Non-transferable” as used herein means that except as specifically provided in this EULA, you may not sell, rent, loan, give, sublicense, or otherwise transfer works to anyone.
2.2. As the license has a time limitation, you have to renew your license if you want to use pocimages.ca after the license expires.
2.3. POC Images reserves all rights not expressly granted to you in this Agreement.
3.1. Under this End User Licence Agreement (the “Agreement”), POC Images / pocimages.ca (the “Stock Agency”) grants to the user (the “Licencee”) a non-exclusive and non-transferable licence (the “Licence”) to use POC Images / pocimages.ca (the “Assets”).
3.2. “Assets” includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.
3.3. Title, copyright, intellectual property rights and distribution rights of the POC Images Stock Agency remain exclusively with the Stock Agency. Intellectual property rights include the look and feel of the Website, Assets, and Content. This Agreement constitutes a licence for use only and is not in any way a transfer of ownership rights to the Assets.
3.4. This Agreement grants a site licence to the Licencee. The Assets may be loaded onto a maximum of none computers.
3.5. The rights and obligations of this Agreement are personal rights granted to the Licencee only. The Licencee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licencee may not make available the Assets for use by one or more third parties.
3.6. The Assets may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
3.7. Failure to comply with any of the terms under the Licence section will be considered a material breach of this Agreement.
4. Licence Fee
4.1. The original purchase price paid by the Licencee will constitute the entire licence fee and is the full consideration for this Agreement.
4.2. Limitation of Liability
4.5. The Assets is provided by the Stock Agency and accepted by the Licencee “as is”. Liability of the Stock Agency will be limited to a maximum of the original purchase price of the Assets . The Stock Agency will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licencee arising out of the use or failure to use the Assets .
4.6. The Stock Agency makes no warranty expressed or implied regarding the fitness of the Assets for a particular purpose or that the Assets will be suitable or appropriate for the specific requirements of the Licencee.
4.7. The Stock Agency does not warrant that use of the Assets will be uninterrupted or error-free. The Licencee accepts that assets and software in general is prone to bugs and flaws within an acceptable level as determined in the industry.
5. Warrants and Representations
5.1. The Stock Agency warrants and represents that it is the copyright holder of the Assets. The Stock Agency warrants and represents that granting the licence to use this Assets is not in violation of any other agreement, licensing, copyright or applicable statute.
6.1. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licencee (“Acceptance”) on registration of the Assets with the Stock Agency.
7.1. The term of this Agreement will begin on Acceptance and is perpetual.
8.1. This Agreement will be terminated and the Licence forfeited where the Licencee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On / Upon termination of this Agreement for any reason, the Licencee will promptly destroy the Assets or return the Assets to the Stock Agency.
9. Force Majeure
9.1. The Stock Agency will be free of liability to the Licencee where the Stock Agency is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Stock Agency has taken any and all appropriate action to mitigate such an event.
10. Governing Law
10.1. The Parties to this Agreement submit to the jurisdiction of the courts of the Province of Ontario for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the Province of Ontario.
11.1. This Agreement can only be modified in writing signed by both the Stock Agency and the Licencee.
11.2. This Agreement does not create or imply any relationship in agency or partnership between the Stock Agency and the Licencee.
11.3. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
11.4. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
11.5. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
11.6. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Stock Agency’s successors and assigns.
12.1 All notices to the Stock Agency under this Agreement are to be provided at the following address:
POC Images / pocimages.ca: _________________________