SlideCamp License Agreement

Please read carefully before purchasing, downloading or using SlideCamp.

This 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 SlideCamp services, slides templates and other digital goods published on the www.slidecamp.io (the “Item“).

We license use of the Item to you on the basis of this Agreement. We do not sell the Item or to you. We remain the owners of the Item and SlideCamp 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” OR “DOWNLOAD” BUTTON, BUYING, DOWNLOADING OR USING THE ITEM OR SERVICE, 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.

Agreed terms

1. Definitions. For purposes of this Agreement, the following terms have the following meanings:

   • “End Product” means single customized implementation of the Item made by Licensee during the term of this agreement.
   • “License Fees” means: a recurring Subscription payment for access to the SlideCamp Service and Item, paid by Licensee before using the Item for the license granted under this Agreement.
   • “Item” means the presentation slides templates, pictures or other digital good available on www.slidecamp.com order form.
   • “Third Party” means any Person other than Licensee or Licensor.

2. Payment. All License Fees are payable in advance in the manner set forth in SlideCamp Terms and Conditions 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.

3. Download. The purchased Item and SlideCamp Service will be available for download and use immediately after the receipt of all License Fees. Company shall not be liable for any delays in payment processing.

4. License Grant. In consideration of recurring payment by you of the agreed License Fees and you agreeing to abide by the terms of this License, we hereby grant to you a non-exclusive, non-sublicensable, non-transferable (except as expressly set forth in Section 4(b)), worldwide limited license to use the Item on the terms of this License.

Subject to recurring payment of License Fees, you may:

1. • (a) use the Item to create unlimited End Products 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 Products for free only. Except as permitted in Section 4(b), you agree not to use the Item for any re-sale purposes;
   • (b) use the Item to create unlimited End Products for a client of yours. In such case you may for a fee transfer that End Product together with this license to your client only; or
   • (c) modify, translate, adapt the Item in order to create one End Product.

5. 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.

6. License Restrictions. Licensee shall not:
   • use (including make any copies of) the Item beyond the scope of the license granted under Section 4;
   • except as may be permitted by Section 4 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;
   • except as may be permitted by Section 4 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 any part thereof; and
   • except as may be permitted by Section 4 and strictly in compliance with its terms, rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Item or any part or features of the Item to any third party for any reason.

7. Intellectual property rights. You acknowledge and agree that the Item and Service is provided under license, and not sold, to you. You do not acquire any ownership interest in the Item and Service under this Agreement, or any other rights thereto other than to use the Item and Service 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 and Service, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

8. Third Party Materials. The Item and Service 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.

9. Term and Termination.

   • 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 9.
   • You may terminate this Agreement at any time by ceasing to use and deleting the Item and all copies thereof from your Devices or cancelling Service Subscription or License Fees payment.
   • This Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement, cancel Service Subscription or stop paying License Fees.
   • Upon termination:
     • you may continue to use Items incorporated into End Products prior to the expiration of this Agreement;
     • any Item not included in End Product is not considered licensed and must be deleted. You must cease all use of such Item and delete all copies of the Item from your Devices; and
     • all rights granted to you under this Agreement will also terminate.
   • Termination will not limit any of Company’s rights or remedies at law or in equity.
   • No expiration or termination shall affect Licensee’s obligation to pay all Licensee Fees that may have become due before such expiration or termination.

10. 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.

11. 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:

    • 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
    • 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.

12. 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.

13. Severability. If 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.

14. Entire Agreement. This Agreement, our Terms and Conditions and Privacy Policy constitute the entire agreement between you and Company with respect to the Item and Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Item and Services.

15. 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.

Thank you for using SlideCamp!