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1. CONTENT LICENSE AGREEMENT
This Agreement governs the terms by which you may use content downloaded on shop.ionomo.com or otherwise made available by IONOMO.
1.1.Background of Agreement
(a) By selecting “I Agree” or otherwise signifying your acceptance, you accept this Agreement and agree to be bound by its provisions.
(b) In this Agreement: (i) “you” means you or, if you are accepting on behalf of your employer, client or member account entity, then “you” means that employer, client or entity; (ii) “IONOMO” or “we” means IONOMO GmbH Gutenberggasse 1/5 | 1070 Vienna | Austria and (iii) “Content” means any software you are downloading from the Site, together with any accompanying material. If you are accepting on behalf of your employer, client or other entity that is the member account holder, you represent and warrant that you have full legal authority to bind your employer, client or such other entity. If you do not have such authority or you do not accept or agree with these terms, do not accept this Agreement and do not download the Content. Should you cease working for your employer, your employer may continue to operate under this agreement.
1.2.Permitted Uses
Subject to the Prohibited Uses in Section 4 below and the termination provision in Section 5, IONOMO hereby grants to you a perpetual, non-exclusive, non-transferable, non-sub licensable, and worldwide right to use the content for the creation of images: Rendering still images and animations for commercial and non-commercial purposes. All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by IONOMO.
1.3.Seat Restrictions
Only you are permitted to use the Content, although you may transfer files containing Content or Permitted Derivative Works to your clients, printers, or ISP for the purpose of reproduction for Permitted Uses, provided that such parties shall have no further or additional rights to use the Content and cannot access or extract it from any file you provide. You may install and use the Content at one physical location by no more than (3) individual users, provided that all users are members of the company or organization that acquired the license. Companies or organizations that consist of multiple, physically separate offices/locations must purchase at least 1 license per location where the Content is to be used. You may make one (1) copy of the Content solely for back-up purposes, and you must reproduce all proprietary notices on this single back-up copy.
1.4.Prohibited Uses
You may not:
1. use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
2. incorporate the Content in any product that results in a re-distribution or re-use of the Content or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file;
3. use the Content in a fashion that is considered by IONOMO GmbH (acting reasonably) as or under applicable law is considered pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;
4. If any Content featuring a model or property is used in connection with a subject that would be unflattering or unduly controversial to a reasonable person, you must accompany each such use with a statement adjacent to the Content that indicates that: (i) the Content is being used for illustrative purposes only; and (ii) any person depicted in the Content, if any, is a model, unless the Content itself clearly and undisputedly reflects the model or person in such potentially sensitive subject matter in which case the Content may be used or displayed in a manner that portrays the model or person in the same context and to the same degree depicted in the Content itself;
5. to the extent that source code is contained within the Content, reverse engineer, decompile, or disassemble any part of such source code;
6. remove or modify any notice of copyright, trademark or other proprietary right , or any other copyright management information or metadata, from any place where it is on or embedded in the Content;
7. sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement;
8. install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users;
9. use or display the Content in an electronic format that enables it to be downloaded or shared in any peer-to-peer or similar file sharing arrangement;
1.5.Term of Agreement
This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Content and any Permitted Derivative Works, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose. The Agreement also terminates without notice from IONOMO if at any time you fail to comply with any of the terms of this Agreement. Upon termination, you must immediately cease using the Content for any purpose; destroy or delete all copies and archives of the Content or accompanying materials; and, if requested, confirm to IONOMO in writing that you have complied with these requirements.
1.6.Governing Law
This Agreement shall be exclusively governed by the laws of Austria and the courts of Vienna shall have sole jurisdiction over all disputes arising from this agreement.
1.7.Contact
If you have concerns or questions relating to this Agreement, please contact IONOMO at support@ionomo.com
2. COPYRIGHT
This web site is owned and managed by IONOMO GmbH. All of the content featured or displayed on this web site, including, but not limited to, text, graphics, photographs, photomontages, drawings, video and images (“Content”) and software is owned by IONOMO GmbH.
All the elements of this web site, including, but not limited to, the general design and the content, are protected by copyright and other laws relating to intellectual property rights.
Except as explicitly permitted under written agreement with IONOMO GmbH , no part or element of this web site or its content may be copied or retransmitted via any means and this web site, its content and all related rights shall remain the exclusive property of IONOMO GmbH or its licensors unless otherwise expressly agreed through written agreement with IONOMO GmbH.