The Accidental Creative, and its subsidiaries, affiliates and licensors (collectively, “The Accidental Creative”) grants you a non- transferable non-exclusive license to download and/or install and use one copy of the software tool (”Tool”) and/or materials (”Materials”) (collectively the “Tools & Materials”) solely for your personal noncommercial use in connection with The Accidental Creative’s products, in accordance with the terms below.
THESE TOOLS & MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. The Accidental Creative SPECIFICALLY DISCLAIMS ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
ANY USE YOU CHOOSE TO MAKE OF THESE TOOLS & MATERIALS IS UNDERTAKEN BY YOU ENTIRELY AT YOUR OWN RISK. The Accidental Creative DOES NOT WARRANT THAT THESE TOOLS & MATERIALS WILL NOT CAUSE DAMAGE TO YOUR COMPUTER SYSTEM, NETWORK, SOFTWARE OR OTHER TECHNOLOGY.
The Accidental Creative RESERVES THE RIGHT TO NOT PROVIDE SUPPORT FOR THESE TOOLS & MATERIALS AT OUR DISCRETION.
IN NO EVENT SHALL The Accidental Creative BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THIS LICENSE EVEN IF The Accidental Creative HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Accidental Creative RESERVES THE RIGHT TO DISCONTINUE THE AVAILABILITY OF THESE TOOLS & MATERIALS, OR MODIFY THEM, AT ANY TIME, WITHOUT OBLIGATION TO ANYONE.
At The Accidental Creative’s request, you agree to defend, indemnify and hold harmless The Accidental Creative from all liabilities, claims and expenses, including attorneys’ fees, arising from any breach of this License by you and/or your use or misuse of the Tools & Materials.
The Accidental Creative may make the Tools & Materials available at its site(s) located in the United States and/or Canada and/or the European Union. You are solely responsible for knowing and complying with all federal, state, and local laws that may apply to your use of Tools & Materials in your own locale. By downloading any Tools & Materials, you warrant that you are not located in any country, or exporting the Tools & Materials to any person or place, to which the United States and/or Canada and/or European Union or its member countries has embargoed goods.
The Accidental Creative may revoke or terminate this license at any time, for any reason or no reason, in its sole discretion. Upon termination, you must destroy or return to The Accidental Creative all Tools & Materials. This License is governed by United States Copyright law (without regard to conflicts of law) and is considered an addendum to our Service Agreement.