Thanks for purchasing an Apaganza Vector CoolKit, You are free to use the elements in this CoolKit for your own artwork projects, personal or commercial. There are some other usage restrictions detailed below.

Apaganza End User License Agreement

By clicking the “Download” links found on the Apaganza website (www.apaganza-art.com), installing from a CD or by opening an archive package containing Apaganza Vector CoolKit Artwork files, you agree to the terms of the Apaganza End User License Agreement. This is a contract between you and Apaganza. Please note that this is a license to use Apaganza Vector CoolKit Artwork, NOT an agreement of ownership. This license is non-transferable. If you do not agree to the terms, you are not permitted to use Apaganza Vector CoolKit Artwork.

Limited License

Upon payment of the non-refundable license fee, Apaganza grants you a non-exclusive, non-transferable, limited right to use Apaganza Vector CoolKit Artwork for personal or commercial use by you at a single, geographical location (the “Licensed Location”). You may not store Apaganza Vector CoolKit Artwork on any computer that can be accessed via the Internet or other external network system by computers and printers not located at the Licensed Location.

Permitted Copies

You may not duplicate or copy Apaganza Vector CoolKit Artwork except as needed to use it as expressly permitted by this Agreement. However, you may make one (1) copy of Apaganza Vector Artwork for backup purposes. All permitted copies you make must contain the exact copyright, trademark notices that appear on and/or in the Vector CoolKit Artwork including all related documentation.

Intellectual Property Rights

You acknowledge and agree that Apaganza Vector CoolKit Artwork and permitted copies, and the trademarks associated with Apaganza, are the intellectual property owned by Apaganza. Apaganza Vector CoolKit Artwork is protected by copyright including without limitation, by International Copyright Law. You may not copy Apaganza Vector CoolKit Artwork except as provided under the “Permitted Copies” provision above.

License Transfer; Service Bureaus

You may not rent, lease, sublicense, distribute, lend nor transfer Apaganza Vector CoolKit Artwork, or any copy or portion of Apaganza Vector CoolKit Artwork, without Apaganza’s prior written consent.

No Other Use

You are granted only the rights expressly stated in this Agreement, and you may not use Apaganza Vector CoolKit Artwork for any other use. Without limitation, below are examples of uses that are NOT permitted under this Agreement and require purchase of a separate license from Apaganza: (1) You may not share Apaganza Stock Artwork with other business entities (e.g. your advertising agency, dealer, subsidiary, parent company, service bureau, etc.); (2) You may not use Apaganza Vector CoolKit Artwork at more than one physical location; (3) You may not change the name of Apaganza Vector CoolKit Artwork; (4) You may not resell or redistribute Apaganza Vector CoolKit Artwork.

Termination

The license rights granted under this Agreement will immediately and automatically terminate without notice if you fail to comply with any term or condition of this Agreement. Upon termination, you must destroy all copies of Apaganza Vector CoolKit Artwork. The balance of the Agreement shall survive any such termination of license rights.

Warranty

Apaganza warrants that Apaganza Vector CoolKit Artwork will perform as outlined in the user documentation in effect at the time of the commencement of this license. Apaganza will correct substantial malfunctions occurring during this warranty period provided that such malfunctions are reproducible, your product is properly registered, and you give immediate notice and sufficient detail of such malfunctions to Apaganza. Apaganza will have no responsibility in the event you fail to provide proof you licensed Apaganza Vector CoolKit Artwork from Apaganza.

Disclaimer; No Refunds

EXCEPT AS EXPRESSLY PROVIDED IN THE FOREGOING PARAGRAPH, APAGANZA VECTOR COOLKIT ARTWORK IS PROVIDED “AS IS.” APAGANZA DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING APAGANZA VECTOR COOLKIT ARTWORK. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY WHICH MAY NOT BE LIMITED OR EXCLUDED BY LAW APPLICABLE IN YOUR JURISDICTION, APAGANZA MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO OTHER MATTERS, INCLUDING WITHOUT LIMITATION, NON INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Your license for Apaganza Vector CoolKit Artwork is nonreturnable and nonrefundable.

Damages; Limitations

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APAGANZA BE LIABLE FOR 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 APAGANZA VECTOR COOLKIT ARTWORK, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APAGANZA 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 Apaganza’s cumulative liability for any loss or damage to you (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (US$50.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.

Governing Law

This Agreement is governed by the United Nations Convention on Contracts for the International Sale of Goods. You expressly agree that any disputes related to this Agreement will be resolved in a Singapore Court and you consent to personal jurisdiction and venue of those courts. If any part of this Agreement is found void and unenforceable the balance of the Agreement will remain valid and enforceable according to its terms.

This Agreement represents the entire agreement between you and Apaganza in connection with its subject matter. This Agreement supersedes any other “Apaganza End User License Agreement” which may be included with Apaganza Vector CoolKit Artwork or previously displayed on this web site, and/or any prior agreements between you and Apaganza in connection with its subject matter. This Agreement may only be modified by Apaganza in a writing that expressly states that such writing is intended to modify this Agreement.

Governing Apaganza
Apaganza is an Thai company with a mailing address of: The Pool House, 140/5 Moo 10, Mike Orchid Villa 2, Nongprue, Banglamuang, Chonburi 20260. All support requests, completed registrations and other inquiries should be sent to: [email protected]