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When purchasing, downloading or using MediaSails
products, you agree and are bound to the following terms and
conditions:
1. This licence authorises a purchaser, subscriber or person
downloading samples, to download fonts, images, templates,
icons, word documents, email stationery and other creative
software, herein "content", from the MediaSails
website and to develop and maintain documents, websites, intranets,
emails and presentations for the promotion of the User's goods
and services.
2. The User under this Licence will use each the content to
develop his own creative communication material for his own
private and non-commercial use.
3. The User may use the content for more than one piece of
communication material (e.g. presentation or web site) provided
each piece of material is for his personal use only and provided
the User will not sell or assign to another party the whole
or any part or interest in such produced material at any time.
4. All Software on this website is the copyright property
of MediaSails Pty Ltd, herein "MediaSails" and/or
its partners and suppliers. Use of the Software is governed
by the Copyright Legislation of Australia and the country
in which downloading is intended or undertaken and is further
regulated by the Licence Agreement between MediaSails and
the person undertaking the downloading from this site (if
any).
5. Where the Copyright Legislation of the country in which
the person downloading the Software is resident is not applicable,
then the Copyright Act of Australia shall apply to the Software
and its downloading or other use. The Copyright Legislation
of such country and the Copyright Act of Australia shall hereinafter
be referred to as 'the Legislation'. Breach of the Legislation
may result in severe civil damages and/or criminal penalties
and violators will be proceeded against promptly and energetically.
6. Subject to the Legislation, copying or reproduction of
the Software to any media or other server or to be held in
any form or media for further reproduction or redistribution
is expressly prohibited except to the extent that reproduction
or redistribution is expressly permitted by the Licence Agreement
entered into between MediaSails and the person/firm downloading,
copying or storing the Software.
7. No warranty whatsoever is given in relation to the Software
other than that implied by mandatory statutory law and/or
by the Licence by which the person downloading same acquired
the right to download the Software.
8. When ordering the Software the order will be accepted upon
the condition that the above conditions are part of the sale
and on the condition that under no circumstances will MediaSails
be liable for any special, indirect or consequential damages
or any damages whatsoever resulting from the failure of the
Software to download on demand, failure to perform on demand,
loss of use, data or profits, whether in an action of contract,
negligence or other tortious action arising out of or in connection
with the use or performance of the Software. The liability
of MediaSails to damages is limited to the cost of replacing
the Software free of charge to the licensee authorised who
by Licence from MediaSails first downloaded the Software.
9. The materials available for download on this site are subject
to these license terms, as well as any specific guidelines
contained herein. If you download any materials from this
site, you agree to be bound by these license terms as well
as the specific guidelines related to the materials you wish
to download.
10. You may not sell, alter, modify, license, sublicense,
copy, or use the materials in any way other than has been
specifically authorized by MediaSails.
11. You acknowledge that MediaSails reserves the right to
revoke the authorization to view, download, and print the
materials available on this site at any time, and for any
reason; and such authorization shall be deemed to be discontinued
immediately upon the removal of these materials from the site.
12. You acknowledge that any rights granted to you constitute
a license and not a transfer of title. You do not obtain any
ownership right, title, or other interest in MediaSails copyrighted
materials or trademarks by downloading, copying, or otherwise
using these materials.
13. MediaSails shall not be liable to you or any other party
for any loss of revenue or profit or for indirect, incidental,
special, consequential, or other similar damages, whether
based on tort (including, without limitation, negligence or
strict liability), contract, or other legal or equitable grounds
even if MediaSails has been advised or had reason to know
of the possibility of such damages.
14. Where pursuant to express licence the Software or any
part thereof is lawfully supplied to a third party, then the
licensee/supplier should make clear to the third party that
MediaSails does not endorse or associate itself with any product,
service, activity or entity whether that of the licensee or
any other person or company.
15. Where the Software or the whole or any part of the Software
is pursuant to a Licence from MediaSails provided to a third
party, then the licensee supplying that third party will ensure
that the third party is bound for valuable consideration by
all of the above notices, terms and conditions before the
Software or part thereof is released to that third party and
in this respect the licensee providing the third party with
the Software shall indemnify MediaSails for any loss suffered
by MediaSails by virtue of a third party not being bound by
the said notices, terms and conditions.
16. The word 'content' shall except where the context otherwise
requires, include the following:
(i) specifications;
(ii) templates, images, electronic stationery, colour combinations,
file layouts, including the design and name of data files;
(iii) source code and object code;
(iv) instructions and manuals, including detailed procedures
to be followed, whether expressed as programs for a computer
or as procedures or instructions for an operator or any
other person, and documents such as hardware manuals and
drawings;
(v) routines and programming languages and systems, and
the collection of related utilities, and all other programs
that are desirable for properly presenting a given machine
to a User including data files;
(vi) systems and applications programs.
17. ‘MediaSails' means MediaSails Pty Ltd (ABN 20
102 719 120).
18. Where the User is in breach of these terms and conditions,
then this Licence will be automatically and thereby cancelled
and the right of the User to continue using the templates
or the Software on the www or anywhere else shall be at an
end such a breach of these terms and conditions shall constitute
a breach of the copyrights of MediaSails and a breach of this
Licence resulting in the User being liable to pay damages
to MediaSails. Such damages will be calculated by multiplying
the licence fee previously paid herein by the number of times
that the User breached these terms and conditions.
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