Software License Agreement
Single Use License
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING ANY LAUGHINGBIRD SOFTWARE PRODUCT. BY USING THE LAUGHINGBIRD SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE LAUGHINGBIRD SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE LAUGHINGBIRD SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK “DISAGREE”.
IMPORTANT NOTE: This software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.
When you purchase ANY Laughingbird Software product, which includes but is not limited to, The Logo Creator, The Business Card Creator, and add-on packs, such as the People Pack, you’re allowed to create images with the software: A banner; a logo; a Facebook or blog image. That’s what the software is for.
If you create something on the canvas (a banner, a logo, or a new mascot character, for example) using at least two elements (test and an image for example), you’re allowed to resell these creations (as long as they don’t contain material copyrighted by others, as discussed below).
Any of the images included with any Laughingbird Software product (i.e. graphics that were actually created BY Laughingbird Software), can be resold …IF you create a NEW and unique image from the original.
Dragging text and a character onto the canvas to make a banner image. This is an example of what you CAN do.
What you CAN’T do is sell the images outright as they are (a cartoon mascot character, for example), individually or in a package. Also, you may NOT resell the software.
If you purchase additional images by any 3rd Party,
please know that you must do your own due diligence before trying to resell the final compiled image.
If, for example, you use or purchase an image (including a graphic, photo or video) from any retailer or stock agency (e.g., Getty Images), even if the images are free or “royalty-free” – make sure you understand THEIR rules for reselling those images, and understand that any company that sells any image may not allow resale rights.
Laughingbird Software is not responsible in any way, for any type of image, that you have used or imported into Laughingbird Software.
2. Permitted Uses and Restrictions. This License allows you to install and use one copy of the Laughingbird Software on a single computer at a time. The Laughingbird Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. You may make one copy of the Laughingbird Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the Laughingbird Software in whole or part or transmit the Laughingbird Software over a network or from one computer to another. You are prohibited from using software from this or any other Laughingbird Site to create a graphic or product of any kind that is in any manner unlawful, threatening, libelous, defamatory, obscene, pornographic, or that would violate any law or the rights of others.
3. Limited Warranty on Media (if applicable). Laughingbird warrants the media on which the Laughingbird Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this paragraph shall be, at Laughingbird’s option, a refund of the purchase price of the product containing the Laughingbird Software or replacement of the Laughingbird Software which is returned to Laughingbird. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. LAUGHINGBIRD SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
4. Disclaimer of Warranty on Laughingbird Software. You expressly acknowledge and agree that use of the Laughingbird Software is at your sole risk. The Laughingbird Software is provided “AS IS” and without warranty of any kind and Laughingbird and Laughingbird’s licensor(s) (for the purposes of provisions 4 and 5, Laughingbird and Laughingbird’s licensor(s) shall be collectively referred to as “Laughingbird”) EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. LAUGHINGBIRD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LAUGHINGBIRD SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE LAUGHINGBIRD SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LAUGHINGBIRD SOFTWARE WILL BE CORRECTED. FURTHERMORE, LAUGHINGBIRD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE LAUGHINGBIRD SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LAUGHINGBIRD SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
5. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL LAUGHINGBIRD BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LAUGHINGBIRD BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LAUGHINGBIRD SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LAUGHINGBIRD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Laughingbird’s total liability to you for all damages exceed the amount of fifty dollars ($50.00).
6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Laughingbird if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Laughingbird Software and destroy all copies, full or partial, of the Laughingbird Software.
7. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
8. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the Laughingbird Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Laughingbird. The parties hereto confirm that they have requested that this Agreement and all related documents be drafted in English.