License Agreement

This Agreement is effective for all product purchases on or after January 1 2005.

GENERAL COPYRIGHT POLICIES

Copyright is defined as the exclusive right of a creator to reproduce, prepare derivative works, distribute, perform, display, sell, lend or rent their creations. For the purposes of understanding the applicability of this exclusive right as it applies to products from TWC Graphics Design, we have restated the definition as follows:

"The artwork used by TWC Graphics Design is owned and copyrighted by the original artist or its agent. TWC Graphics Design has paid the required licensing fees to ensure that only royalty-free, fully licensed works appear in the products provided for licensing through its online malls. The work has been modified and reproduced as it appears in this design for use in electronic media applications, specifically, for use within a template for web publishing.  The product being licensed herein is owned and copyrighted by TWC Graphics Design."

The license fee paid for use of a product does not constitute ownership, as the copyrights remain with the original owner. The license fee does, however, allow the purchaser of the license (the "Licensee") use of the product as follows:

1. The Licensee may use the licensed product in a single application, free of copyright infringement. A "single application" is defined as a single web site. This is a site license, NOT an unlimited use license.

2. The Licensee may alter the licensed product to include site-specific information, such as adding lettering to headers and/or buttons, as well as making modifications to the design itself.

3. The Licensee may not, in any fashion or media, reproduce any licensed product for offering to other parties, as a template or web design, either individually or in a collection, whether for free or for fee.

4. The Licensee may not create obscene or scandalous works, as defined by federal law at the time the work is created, using the licensed product.

PRODUCT-SPECIFIC COPYRIGHTS

The original imagery used in each product is royalty-free imagery and has been licensed for client use only from a variety of sources ("the Image Licensor").  For all templates created after January 1, 2005, we have included the specific resource within the License Agreement of the template itself.

The imagery used in our products may have been altered to some degree from the original image.  All image copyrights remain with the Image Licensor.  TWC Graphics Design does not have permission to resell the imagery; if you require the imagery for other purposes than the website, please contact the Licensor.

LIABILITY

TWC Graphics Design will not be liable to you for any special, indirect, consequential, punitive, or incidental damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product. The Licensee's entire liability and exclusive remedy shall be no more than the amount paid for the particular product.  Your rights may vary from state to state.

BREACH OF AGREEMENT

The Licensee agrees to indemnify and hold TWC Graphics Design and its successors harmless from and against any damages or liability of any kind arising from your use of the product files in any form, any breach of the terms and conditions of this Agreement, or your negligent act, omission or willful misconduct.  If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.  All license rights granted pursuant to this Agreement shall automatically terminate upon your breach of this Agreement.