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License Agreement

Artistry Digital Materials

This end user license agreement "License Agreement" applies to the Painting for Photographers ebook, Painting for Photographers DVD's, Artistry Bonus CD's and all other software published by Artistry.
By paying the license fee for licensing these Artistry software products, you are agreeing to these terms.

Summary

You are not purchasing a product when you purchase the Artistry software materials.

You are purchasing a license for one copy of the software and its contents ("Licensed Product").

What the License Agreement entitles you to do

The single, non-exclusive, non-transferable license allows you to use the Software subject to the terms and conditions of this License Agreement. You may use this Licensed Product on a single computer or terminal for personal use only. All rights not expressly granted to the Licensee or are expressly reserved by the Licensor. Nothing in this License Agreement grants or transfers to you or to any third party any ownership rights in the Licensed Product, including software and other intellectual property rights. Except as specifically set forth in this License Agreement, Artistry owns and retains all right, title, and interest in the Licensed Product and any and all related materials.

What this License Agreement restricts you from doing

Everything else is strictly prohibited under this License Agreement and under copyright law and subject to prosecution.

Grant of License

When you ("Licensee") purchase Artistry software, you are purchasing a license, you are not purchasing a product.

Artistry ("Licensor") grants you a personal, nonexclusive, nontransferable license to use the Licensed Product according to the terms and conditions herein.

Artistry authorizes the Licensee to install one copy of the Licensed Product on one computer for your use only.

The Licensed Product shall not be accessible or usable by another computer or user.

Your use of the Licensed Product constitutes your agreement to the terms and conditions set forth in this License Agreement.

Copyright, Use, Resale and Transfer Prohibitions

This license is not transferrable by the Licensee.

The copyright and all other rights for the Licensed Product remain with Artistry.

All content in the Licensed Product is copyrighted by Artistry under the U.S. Copyright laws, and Artistry owns the copyright and the Licensed Product itself.

You will be in violation of copyright law if you distribute the Licensed Product, in any manner to anyone, including relatives, friends, colleagues, students, co-workers or acquaintances in person or online, including renting or lending the Licensed Product.

Doing anything with this Licensed Product other than using it yourself is strictly prohibited.

You MAY NOT copy, print, modify, remove, delete, duplicate, augment, add to, publish, transmit, sell, resell, rent, assign, lease, sublicense, sell as "used," post on Ebay or any other site, create derivative works from, hand out, e-mail, post, give away, distribute, pass around, transfer, download, upload, merge, adapt, translate, modify, assign, create derivative works from or otherwise reproduce or replicate the Licensed Product in any medium, including, without limitation, online transmissions, local area networks, servers, wide area networks, intranets, extranets and the Internet, web sites, online forums, or in any other way transfer, distribute or exploit the Licensed Product, in whole or in part, and you MAY NOT aid or permit others to do so.

The Artistry instructional materials are software like Corel Painter. They aren't like a movie or a book. They are not available for rental through a rental service or through a library, just like you wouldn't rent software like Painter or Photoshop through a rental service or through a library. Distributing the DVD and/or CD in this manner is strictly prohibited by law.

The unauthorized use or distribution of copyrighted or other proprietary content is illegal and will subject the Licensee to substantial money damages.

Licensee will be liable for any damage resulting from any violation of this License Agreement, including any infringement of copyrights or proprietary rights.

Intellectual Property Protection

The Licensed Product and all of its contents are owned by Artistry and are protected by international copyright and other intellectual property laws. Artistry reserves all rights in the Licensed Product not expressly granted herein. This license and your right to use the Licensed Product terminate automatically if you violate any part of this License Agreement. In the event of termination, you must destroy the Licensed Product file.

You MAY NOT quote from or post excerpts from the Licensed Product on your web site, in e-mails, on public forums, in chat groups, in online or in real life classes or classrooms or in any other private or public forum online or in real life.

You MAY NOT use any of the materials, images, techniques or anything provided as part of the Licensed Product in a commercial product, or to teach any class or in an art contest entry, when the main character or principal value of the finished design are the Licensed Product or related materials.

You MAY NOT use any of the materials provided as part of the Licensed Product in consumer merchandise, whether for wholesale or retail.

Consumer merchandise includes, but is not limited to, fabrics, greeting cards, stationary, posters, wrapping and wallpaper, housewares, wearing apparel or gift items, tutorials, books and classes.

You MAY NOT use any part of the Licensed Product or of the Materials provided as part of the Licensed Product, or the Licensed Product itself, to enter into a competing business, whether directly or indirectly, or to create like or derivative products that substitute for or compete with the Licensed Product or with any Artistry products.

This restriction includes sub-licensing, re-selling, renting or distributing this Licensed Product, or any of its images or ideas, materials or any derivative works.

You MAY NOT use the Licensed Product, its images or any of its ideas in a logo, trademark or service mark.

You MAY NOT alter, remove obscure or obstruct the display of any copyright, trademark, end user license agreement or other proprietary notice on or in the Licensed Product and associated materials.

The Artistry instructional materials and products are offered for professional photographers and hobbyists and other artists to learn to use Corel Painter and Adobe Photoshop for their artwork and are protected by copyright law. The materials and ideas remain the property of Artistry and are not offered for free use in training, seminars, or instructional materials or for distribution of any kind by other instructors.

Limitation of Liability

THE LICENSED PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH LICENSEE. IN NO EVENT WILL Artistry BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DAMAGES. Artistry SOLE OBLIGATION WITH RESPECT TO CLAIMS OF NONCONFORMANCE WITH THE ABOVE WARRANTIES, OR LIABILITY FOR DAMAGES TO YOU FOR ANY CAUSE WHATSOEVER RELATED TO THIS TRANSACTION, REGARDLESS OF THE FORM OR ANY CLAIM OR ACTION, SHALL BE LIMITED TO THE LICENSE FEES PAID FOR THE LICENSED PRODUCT.

General

This License Agreement constitutes the entire agreement between you and Artistry and supersedes any prior agreement concerning the Licensed Product. This License Agreement is governed by the laws of the State of California without reference to conflicts of laws provisions.

Artistry warrants that it has the right and power to grant the licenses and rights set forth in this License Agreement and warrants that the Licensed Product and Related Materials do not violate copyrights, trade secrets or other proprietary rights of others.

The Licensed Product and Related Materials are owned by Artistry and are protected by United States and Canadian copyright laws and applicable international treaties and/or conventions, and the structure, organization and code are the valuable trade secrets of Artistry.

Licensee agrees to protect the Licensed Product and Related Materials from unauthorized use, reproduction, distribution, or publication.

Your Agreement

THE LICENSEE ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. THE LICENSEE FURTHER AGREES THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LICENSEE AND LICENSOR, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Painting for Photographers book

Painting for Photographers DVD Volume 1: Portraits

Painting for Photographers DVD Volume 2: Landscapes

Artistry Bonus CD Volume 1: Portraits

Artistry Bonus CD Volume 2: Landscapes

Artistry Online ©2012 Karen Sperling/Artistry. All rights reserved. No text or images may be reproduced in any form without written permission from Karen Sperling/Artistry.