End User License Agreement

Improve Presentation, Inc.
End User License Agreement

Please read carefully before buying, downloading or using improve presentation items

Last Modified: 12/06/2014

This End User License Agreement ("Agreement") is a binding agreement between you ("End User", "you" or "Licensee") and Improve Presentation, Inc. a Delaware C-Corporation ("Company" or "Licensor"). This Agreement governs the sale and your use of presentation templates and other digital goods published on the www.improvepresentation.com, (including all related documentation, the "Item").

We license use of the Item and Documentation to you on the basis of this Agreement. We do not sell the Item or Documentation to you. We remain the owners of the Item and Documentation at all times.

licensor provides the item solely on the terms and conditions set forth in this agreement and on the condition that end user accepts and complies with them.

by clicking on the "buy it now" button, buying, downloading or using the item, you (a) accept this agreement and agree that licensee is legally bound by its terms; and (b) represent and warrant that: (i) you are of legal age to enter into a binding agreement; and (ii) if end user is a corporation, governmental organization or other legal entity, you have the right, power and authority to enter into this agreement on behalf of end user and bind licensee to its terms. if end user does not agree to the terms of this agreement, licensor will not and does not license the item to licensee and you must not download or use the item.

if you do not agree to these terms, do not buy and/or use the item and delete it from your device.

notwithstanding anything to the contrary in this agreement or your or end user acceptance of the terms and conditions of this agreement, no license is granted (whether expressly, by implication or otherwise) under this agreement, and this agreement expressly excludes any right, concerning any item that licensee did not acquire lawfully or that is not a legitimate, authorized copy of licensor's item.

You should keep a copy of this EULA for future reference.

agreed terms

  1. Definitions. For purposes of this Agreement, the following terms have the following meanings:
    "Documentation" means user manuals and any other materials provided by Licensor, electronic or other form, that describe the use and implementation of the Item.
    "End Product" means only one single customized implementation of the Item made by Licensee.
    "License Fees" means the license fees for the Item, displayed next to each template published on www.improvepresentation.com, paid by Licensee before downloading the Item for the license granted under this Agreement.
    "Order Form" means the order form filled out and submitted through www.improvepresentation.com website by or on behalf of Licensee, and accepted by Licensor, for Licensee's purchase of the license for the Item granted under this Agreement.
    "Item" means the presentation template, presentation slide, pictures or other digital good available on www.improvepresentation.com for which Licensee is purchasing a license, as expressly set forth in the Order Form.
    "Third Party" means any Person other than Licensee or Licensor.
  2. Placing Order. Our website pages and Order Form will guide you through the steps you need to take to place an order for the Item license with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. After you place an order you will be asked to pay all License Fees associated with ordered Item.
  3. Payment. All License Fees are payable in advance in the manner set forth in the Order Form and are non-refundable, except as may be allowed in limited circumstances. All License Fees are exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any Governmental Authority on any amounts payable by License. License shall be responsible for all such charges, costs and taxes; provided, that, License shall not be responsible for any taxes imposed on, or with respect to, Licensor's income, revenues, gross receipts, personnel or real or personal property or other assets.
  4. Download.
    1. download and use the Item and Documentation to create one End Product for your personal purposes (if you are a consumer) or your internal business purposes (if you are a business) and distribute any numbers of copies of the End Product for free only. You agree not to use the Item or End Product for any re-sale purposes;
    2. download and use the Item and Documentation to create one End Product for a client of yours. In such case you may for a fee transfer that End Product together with this license to your one client only; or
    3. modify, translate, adapt the Item in order to create one End Product.
  5. License Grant. In consideration of payment by you of the agreed License Fees and you agreeing to abide by the terms of this License, we hereby grant to you an ongoing, non-exclusive, non-sublicensable, non-transferable (except as expressly set forth in Section 5(b)), worldwide limited license to use the Item and the Documents on the terms of this License.
    You may:
    1. download and use the Item and Documentation to create one End Product for your personal purposes (if you are a consumer) or your internal business purposes (if you are a business) and distribute any numbers of copies of the End Product for free only. You agree not to use the Item or End Product for any re-sale purposes;
    2. download and use the Item and Documentation to create one End Product for a client of yours. In such case you may for a fee transfer that End Product together with this license to your one client only; or
    3. modify, translate, adapt the Item in order to create one End Product.
  6. You acknowledge that the Item has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and implementation of the Item meet your requirements.
  7. License Restrictions. Licensee shall not:
    1. use (including make any copies of) the Item, the End Product or Documentation beyond the scope of the license granted under Section 5;
    2. except as may be permitted by Section 5 and strictly in compliance with its terms, provide any other Person, including any subcontractor, independent contractor, affiliate or service provider of Licensee, with access to or use of the Item or Documentation;
    3. except as may be permitted by Section 5 and strictly in compliance with its terms, modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Item or Documentation or any part thereof; and
    4. except as may be permitted by Section 5 and strictly in compliance with its terms, rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Item or End Product or any part or features of the Item or End Product, to any third party for any reason.
  8. Intellectual property rights. You acknowledge and agree that the Item and Documentation is provided under license, and not sold, to you. You do not acquire any ownership interest in the Item and Documentation under this Agreement, or any other rights thereto other than to use the Item and Documentation in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Company and its licensors and service providers reserves and shall retain their entire right, title and interest in and to the Item, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
  9. Refunds. In General we do not offer a refund on the purchased Item and other digital goods. Given the nature of digital goods they can be previewed on www.improvepresentation.com before the purchase and after download you may use them immediately. However if you think that we should issue a refund for your purchase you should send as an email to [email protected]
  10. Third Party Materials. The Item and Documentation may display, include or make available third-party content (including data, fonts, pictures, information, applications and other products services and/or materials) or provide links to third-party websites or content ("Third Party Materials"). You acknowledge and agree that Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties' terms and conditions.
  11. Term and Termination
    1. The term of Agreement commences when you buy or download the Item and will continue in effect until terminated by you or Company as set forth in this Section 11.
    2. You may terminate this Agreement by ceasing to use and deleting the Item and the End Product and all copies thereof from your Devices.
    3. This Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
    4. Upon termination:
      1. all rights granted to you under this Agreement will also terminate; and
      2. you must cease all use of the Item and delete all copies of the Item and the End Product from your Devices.
    5. Termination will not limit any of Company's rights or remedies at law or in equity.
    6. No expiration or termination shall affect Licensee's obligation to pay all Licensee Fees that may have become due before such expiration or termination.
  12. Communication between us
    1. If you wish to contact us in writing, or if any condition in this Agreement requires you to give us notice in writing, you can send this to us by e-mail to [email protected] or by prepaid post to correspondence address: Improve Presentation, Inc. at 16192 Coastal Hwy, Lewes, Delaware 19958, USA.
    2. We will confirm receipt of this by contacting you in writing, normally by e-mail. Please give 12-24 hours for our Support Team to get back to you on the problem.
    3. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the Application.
  13. Disclaimer of Warranties.

    the item is provided to licensee "as is" and with all faults and defects without warranty of any kind. to the maximum extent permitted under applicable law, company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the item, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. without limitation to the foregoing, company provides no warranty or undertaking, and makes no representation of any kind that the item will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

    some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

  14. Limitation of Liability.

    to the fullest extent permitted by applicable law, in no event will company or its affiliates, or any of its or their respective licensors or service providers, have any liability arising from or related to your use of or inability to use the item or the content and services for:

    1. personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction or any other consequential, incidental, indirect, exemplary, special or punitive damages
    2. direct damages in amounts that in the aggregate exceed the amount actually paid by you for the item.

      the foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence) or otherwise and regardless of whether such damages were foreseeable or company was advised of the possibility of such damages. some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.
  15. Indemnification. You agree to indemnify, defend and hold harmless Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Item or your breach of this Agreement. Furthermore, you agree that Improve Presentation, Inc. assumes no responsibility for the content you submit or make available through implementation of this Item.
  16. SeverabilityIf any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
  17. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware in each case located in Lewes and Sussex although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  18. Limitation of Time to File Claims.

    any cause of action or claim you may have arising out of or relating to this agreement or the item must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

  19. Entire Agreement.This Agreement, our Website Terms of Use, Privacy Policy and Copyright Policy constitute the entire agreement between you and Company with respect to the Item and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Item.
  20. Waiver.No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern
  21. Thank you for using our Items