End User License Agreement

This is a legal agreement between you (as an individual or as a single entity) and ROUND THE BEND WIZARDS/MY ARTS DESIRE. You should carefully read the following terms and conditions before using this TEMPLATE. Your use of this TEMPLATE indicates your acceptance and understanding of this License Agreement. By downloading and/or installing or otherwise using the template files, images, coding, and other components (known hereafter as TEMPLATE), you agree to be bound by the terms of this End User License Agreement (EULA).

PART I - LICENSE TERMS:

This is a license, not a sale. ROUND THE BEND WIZARDS/MY ARTS DESIRE retains all intellectual property rights in the TEMPLATE and hereby grants you a nonexclusive and nontransferable right to use the TEMPLATE for use on your personal and/or business computer in accordance with our terms listed below.

Approved Use:

You may use the TEMPLATE in a single application (i.e., on one web site), free from copyright infringement, whether such application is for free or for fee. Use of this TEMPLATE on more than one computer is prohibited, except when necessary for the development of a single web site. To use this TEMPLATE on more than one web site, a second license must be purchased.

In other words,

• To use the TEMPLATE for your web site (www.yoursite.com), you purchase the license once.
• To use the TEMPLATE for your web site and another site within the same web (www.yoursite.com and www.yoursite.com/blog/), you only need to purchase the license once.
• To use the TEMPLATE for your web site and for a different site (www.yoursite.com and www.customersite.com), you would purchase the license once for the first site and then purchase a multi-site license for each additional site.
• To use the TEMPLATE as a “sample” or “demo” for client/customer approval, you purchase the license once.

Developer License:

If you wish to use the TEMPLATE on more than one web site, we offer a Developer License for unlimited use.

Disallowed Use:

TEMPLATE must be used as supplied for its original intended purpose. You may not use this TEMPLATE, or any part or portion contained within this TEMPLATE,

• as a trademark or service mark;
• in a manner that could be considered defamatory, pornographic, libelous, immoral, obscene, fraudulent, or illegal;
• separate or apart from the TEMPLATE such as source files, images, code, or other components.

PART II - THIRD-PARTY IMAGES:

Pre-Licensed Images: TEMPLATE may contain images or photos provided by third-party providers. ROUND THE BEND WIZARDS/MY ARTS DESIRE has obtained the necessary licenses, rights, or permissions to use the images within the TEMPLATE. You may use such images within the TEMPLATE, but do not have the right to use the images separate from the TEMPLATE. You are bound by the license agreement and copyright of the third-party image providers.

Watermarked Images: TEMPLATE may contain watermarked images or photos provided by third-party providers. ROUND THE BEND WIZARDS/MY ARTS DESIRE has obtained permission to incorporate these sample images within the TEMPLATE. If you wish to use these images for your web site, you are required to purchase the non-watermarked version directly from the vendor.

The imagery used in this TEMPLATE may have been altered or modified to some degree from the original image. If you require the imagery for other purposes than the originally intended purpose, please contact the appropriate Licensor. You should include a valid copyright notice and image credit notification on any site that includes images or photos provided by third-party providers. It is your responsibility to verify that your use of any included images complies with the terms of use as provided by the image providers.

All imagery is provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

PART III - THIRD-PARTY SOFTWARE:

Your TEMPLATE may contain elements that rely on additional third-party elements. Examples of such third-party software would be:

• Any .psd file(s) for the purpose of adding your business name, logo, slogan, and/or main image. To edit this image requires that you have an image editing software program such as Photoshop, Paint Shop Pro, Fireworks, or other such program that will allow you to edit a .psd file. Please view Technical Support and Services below for additional information and extended terms.
• JQuery and Javascripts. We often use several free, open source javascripts in our templates to display the calendar, lightbox features, drop-down menus, tabbed content, etc.

PART IV - WARRANTY:

All sales are final. No refunds will be given for software that is delivered via digital download from our site. Because of the nature of our products, it is not possible to “return” the software and ensure that the license is no longer used. This is a similar policy to many other non-activated software products.

ROUND THE BEND WIZARDS/MY ARTS DESIRE warrants TEMPLATE for a period of fifteen (15) days from the date of purchase to be free from defects in material or workmanship if operated as directed as stated in the TEMPLATE documentation. Should defects arise within the warranty period, ROUND THE BEND WIZARDS/MY ARTS DESIRE shall:

• Replace defective TEMPLATE; or
• Advise you how to achieve the same or similar results as described in the documentation using a different method or procedure than that described in the documentation.

This warranty shall not apply if the TEMPLATE is used in conjunction with any software or program other than was designed to be used as described in the TEMPLATE documentation. This is a limited warranty and it is the only warranty made.

PART V - TECHNICAL SUPPORT AND SERVICES:

ROUND THE BEND WIZARDS/MY ARTS DESIRE strives to offer free technical support, when limited to problems specifically associated with the TEMPLATE, for twelve (12) months from the date of purchasing the license. Such free support includes, but is not limited, to the following:

• Assisting with general TEMPLATE questions regarding what can or cannot be done by you to achieve certain effects or functionality.
• Advising you on how to make adjustments to the CSS file to change text/link/heading colors, fonts, and sizes.
• Upon request, adding your site name and/or slogan to the appropriate header image.

Paid support normally includes, but is not limited, to the following:

• Tutoring users in the use of the program(s) necessary to use the TEMPLATE as stated in the TEMPLATE documentation.
• Customizing the TEMPLATE to change graphic colors or imagery.
• Adding specialized imagery such as your logo or other graphics to the TEMPLATE.
• Adding forms, shopping carts, or other functionality to an existing TEMPLATE.
• Troubleshooting problems that may arise after editing or altering the TEMPLATE.

PART VI - MISCELLANEOUS:

Browser Issues: We test our TEMPLATEs in current browser releases but make no warranties that template performance will be identical in older browsers. Some knowledge about what will and will not work in the various browsers is highly recommended.

Web Developers: If you are planning to use our templates to design a website for any commercial entity, it is recommend that you state clearly in advance (either on your website or through your web design contract) that you will be using a pre-made template for a website project in order to avoid possible legal disputes. Webmasters who place a credit link on sites they develop should use the wording "website developed by" and not use the term "website designed by" in order to avoid any copyright infringement issues.

Backup Copies: It has always been our policy to provide free replacement copies of TEMPLATES within 30 days of the date of your purchase. We highly recommend that you make a copy of your original TEMPLATE file(s) and save it to some form of removable media (CD, flash drive, or external hard drive). We cannot replace TEMPLATES that have been discontinued. If you have purchased this template from a third party, we cannot guarantee a TEMPLATE will always remain in their catalog. Make a backup copy to ensure you will not have problems in the event of a computer crash.

TEMPLATE Life: All TEMPLATES are designed to work as documented with the technology in place at the time the TEMPLATE was developed. We can make no guarantees as to how long a TEMPLATE will remain viable as technology advances and new browser(s) are introduced.

Disclaimer: All TEMPLATES are offered in good faith. The purchaser agrees to not hold ROUND THE BEND WIZARDS/MY ARTS DESIRE liable for any loss of revenue, time, or other damages that might be incurred, directly or indirectly, through the use of a TEMPLATE. In no event shall any liability exceed the original license fee amount of the TEMPLATE.