Please read the following Software License Agreement carefully before downloading or using the software.
Kazoo3D plc (referred to as "us", "we" or "our") owns the copyright in the Kazoo3D Models ("K3DModels") or is entitled to supply them to you under the terms of this Agreement.
We own the copyright in KazooStudio ("KazooStudio"), K3DPaints ("K3DPaints") and any associated documentation.
By downloading KazooStudio and/or the K3DModels and/or any K3DPaints you, the customer (referred to as "you" or "your"), agree with us to be bound by the terms stated in this agreement ("Agreement") which will govern your use of KazooStudio, K3DModels and K3DPaints.
BY CLICKING ON THE BUTTON MARKED "ACCEPT" YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT.
If you do not accept these terms you may not download or use KazooStudio nor any K3DModels nor any K3DPaints.
1 License to use the K3DModels. We grant to you a non-exclusive, non-transferable License to use the K3DModels for your own personal use, including:
1.1 to incorporate K3DModels in any document, picture, image or graphic representation;
1.2 to print copies of any K3DModels, or any image, document, picture or graphic representation incorporating any K3DModels; and
1.3 subject to clause 2.1, to provide any person with a copy of any image, document, picture or graphic representation you create which incorporates any K3DModels.
2 You may not:
2.1 use the K3DModels or provide to any person any documents, image, picture or graphic representation containing any K3DModels for any commercial purpose or payment;
2.2 decode nor try to determine the method of representation of data in the K3DModels; or
2.3 remove any proprietary notices, labels or marks on the K3DModels.
3 License to Use KazooStudio. We grant to you a non-exclusive, non-transferable License to use KazooStudio on a single computer for your own personal use as follows:
3.1 load KazooStudio into and use it on a single computer which is under your control;
3.2 transfer KazooStudio from one computer to another provided it is used on only one computer at any one time; and
3.3 make one (1) copy of KazooStudio only for back-up purposes, provided the copy reproduces and includes our copyright notice.
4 You may not:
4.1 distribute KazooStudio in any form, whether with or without any other software;
4.2 loan, rent, sell, sublicense or otherwise transfer KazooStudio;
4.3 modify, translate, reverse engineer, decompile, disassemble, create derivative works based on or copy (except for one backup copy) KazooStudio; or
4.4 remove any proprietary notices, labels or marks associated with KazooStudio.
5 License to Use K3DPaints. We grant to you a non-exclusive, non-transferable License to use any K3DPaints for your own personal use as follows:
5.1 to load any K3DPaints into and use on a single computer which is under your control;
5.2 transfer any K3DPaints from one computer to another provided they are used on only one computer at any one time;
5.3 make one (1) copy of any such K3DPaints only for back-up purposes, provided the copy reproduces and includes our copyright notice; and
5.4 to use any K3DPaints in conjunction with any K3DModel as described in clause 1.
6 You may not:
6.1 distribute any K3DPaints in any form, whether with or without any other software;
6.2 loan, rent, sell, sublicense or otherwise transfer any K3DPaints;
6.3 modify, translate, reverse engineer, decompile, disassemble, create derivative works based on or copy (except for one backup copy) any K3DPaints;
6.4 remove any proprietary notices, labels or marks associated with any K3DPaints; or
6.5 use any K3DModel in conjunction with any K3DPaints or provide any person with any documents, images, pictures or graphic representations containing any such K3DModels for any commercial purpose or payment;
7 To the extent that local law gives you the right to decompile KazooStudio or K3DPaints in order to obtain information necessary to render KazooStudio or K3DPaints interoperable with other computer programs, we undertake to make that information readily available to you. We shall have the right to impose reasonable conditions such as a reasonable fee for doing so. In order to ensure that you receive the appropriate information, you must first give us sufficient details of your objectives and the other software concerned. Requests for the appropriate information should be made to customersupport@kazoo3d.com.
8 Payment. If at any time you are required to pay for KazooStudio, any K3DModels or any K3DPaints, payment shall be collected from your credit or debit card or any other method of payment that we accept from time to time. We do not accept any liability for any loss or damage caused by making your credit or debit card details, or any other payment method details, available on the Internet.
9 Ownership. You own only the media on which KazooStudio, K3DPaints or the K3DModels are recorded. We shall at all time retain ownership of KazooStudio, K3DPaints and the K3DModels as recorded on any media and all subsequent copies thereof regardless of form.
10 No Warranty. You acknowledge that KazooStudio, K3DPaints and the K3DModels may contain bugs, errors and other problems that could cause systems failures. Consequently, KazooStudio, K3DPaints and the K3DModels are provided "AS IS", without a warranty of any kind.
11 DISCLAIMER OF WARRANTY. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT WARRANT THAT THE OPERATION OF KAZOOSTUDIO, K3DPAINTS OR THE K3DMODELS WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS.
12 LIMITATION OF LIABILITY. YOU LOAD AND USE KAZOOSTUDIO AND/OR K3DPAINTS AND/OR THE K3DMODELS AT YOUR OWN RISK. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND (EXCEPT PERSONAL INJURY OR DEATH RESULTING FROM OUR NEGLIGENCE) INCLUDING ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWSOEVER CAUSED. IN NO EVENT SHALL OUR LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE K3DMODELS.
13 Neither you nor we shall be liable to the other for any failure to perform any obligation due to the failure of any machine, data processing system or transmission link to operate or for any reason beyond your or our control (as the case may be).
14 Modification of Terms. We may, at our sole discretion, change any term of this Agreement by posting a new agreement ("New Agreement") on our web-site. The terms of the New Agreement will take effect 30 days after the day on which we first posted the New Agreement on our web-site. Your continued use of the web-site after such changes are posted will constitute your acceptance of the changes to such terms.
15 Modification of web-site. We may, at our sole discretion, terminate, change or suspend any part of our web-site, including any content, features or hours of availability.
16 Termination. This Agreement is effective until you terminate it by destroying KazooStudio, K3DPaints or the K3DModels together with all copies. It will automatically terminate if you fail to comply with any provision of this Agreement, which may also make other legal remedies available to us. Upon termination, you must destroy all copies of KazooStudio, K3DPaints and the K3DModels.
17 Offers. Nothing on our web-site shall constitute an offer by us to provide to any person the K3DModels, K3DPaints or KazooStudio.
18 Third Party Rights. Nothing in this Agreement confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
19 Severance. If any part of this Agreement is found to be void or unenforceable, it will be severed from the rest of this Agreement so that it is ineffective to the extent that it shall not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
20 Incorporation of Terms. From time to time we may make K3DModels and/or K3DPaints available to you as part of a specific package, including any promotional or subscription package advertised on our web-site. The terms of any such package, as amended from time to time and described in conjunction with any such package, are expressly incorporated in the terms of this Agreement.
21 Entire Agreement. Subject to clause 20, this Agreement records the entire agreement between you and us relating in any way to KazooStudio, K3DPaints and the K3DModels.
22 Governing Law. This Agreement is made under and will be governed by the laws of England. You and we hereby submit to the non-exclusive jurisdiction of the English Courts.
Kazoo « is a registered trademark of Kazoo3D plc. Copyright ⌐ Kazoo3D plc. K3D, KazooStudio, KazooTechnology and KazooPicture are trademarks of Kazoo3D plc. All Rights Reserved. All other trademarks and service marks are the property of their respective owners.
The Adventures of Rocky and Bullwinkle and Friends and related characters are trademarks and copyrights of Ward Productions, Inc. Licensed by Universal Studios Licensing, Inc.
The movie "Dr Seuss' How The Grinch Stole Christmas!" ⌐ 2000 Universal Studios. Based on "How The Grinch Stole Christmas!" book and characters TM & ⌐ Dr. Seuss' Enterprises, L.P. 1957. Licensed by Universal Studios Licensing, Inc. All Rights Reserved.
