Go Media End User License Agreement

Go Media End User License Agreement
By clicking the “Download” links found on the Go Media website, installing from a CD or by opening an archive package containing Go Media Stock Artwork files, you agree to the terms of the Go Media End User License Agreement. This is a contract between you and Go Media. Please note that this is a license to use Go Media Stock 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 Go Media Stock Artwork. Please read the terms carefully:

Limited License
Upon payment of the non-refundable license fee, Go Media grants you a non-exclusive, non-transferable, limited right to use Go Media Vector Artwork for personal or commercial use by you at a single, geographical location (the “Licensed Location”). You may not store Go Media Vector Artwork on a file server 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 Go Media Vector Artwork except as needed to use it as expressly permitted by this Agreement. However, you may make one (1) copy of Go Media Vector Artwork for backup purposes. All permitted copies you make must contain the exact copyright, trademark and other proprietary notices that appear on and/or in the Vector artwork including all related documentation.

Intellectual Property Rights
You acknowledge and agree that Go Media Vector Artwork and permitted copies, and the trademarks associated with Go Media, are the intellectual property owned by Go Media. Go Media Vector Artwork is protected by copyright including without limitation, by United States Copyright Law, international treaty provisions, and applicable laws in the jurisdiction of use.

You may not copy Go Media Vector Artwork except as provided under the “Permitted Copies” provision above.

License Transfer; Service Bureaus
You may not rent, lease, sublicense, distribute, lend nor transfer Go Media Vector Artwork, or any copy or portion of Go Media Vector Artwork, without Go Media's prior written consent.

No Other Use
You are granted only the rights expressly stated in this Agreement, and you may not use Go Media Vector 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 Go Media: (1) You may not share Go Media Stock Artwork with other business entities (e.g. your advertising agency, dealer, subsidiary, parent company, service bureau, etc.); (2) You may not use Go Media Stock Artwork at more than one physical location; (3) You may not change the name of Go Media Stock Artwork; (4) You may not resell or redistribute Go Media Stock 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 Go Media Vector Artwork. The balance of the Agreement shall survive any such termination of license rights.

Warranty
Go Media warrants that Go Media Stock Artwork will perform as outlined in the user documentation in effect at the time of the commencement of this license. Go Media 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 Go Media. Go Media will have no responsibility in the event you fail to provide proof you licensed Go Media Stock Artwork from Go Media.

Disclaimer; No Refunds
EXCEPT AS EXPRESSLY PROVIDED IN THE FOREGOING PARAGRAPH, GO MEDIA STOCK ARTWORK IS PROVIDED “AS IS.” GO MEDIA DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING GO MEDIA STOCK ARTWORK. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY WHICH MAY NOT BE LIMITED OR EXCLUDED BY LAW APPLICABLE IN YOUR JURISDICTION, GO MEDIA 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 Go Media Stock Artwork is nonreturnable and nonrefundable.

Damages; Limitations
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL GO MEDIA 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 GO MEDIA STOCK ARTWORK, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF GO MEDIA 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 Go Media'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 laws of Ohio, U.S.A., excluding conflict of laws provisions and excluding 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 Cleveland District Court, Ohio, U.S.A., or the United States District Court for the Northern District of Ohio, U.S.A., 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 Go Media in connection with its subject matter. This Agreement supersedes any other "Go Media End User License Agreement" which may be included with Go Media Stock Artwork or previously displayed on this web site, and/or any prior agreements between you and Go Media in connection with its subject matter. This Agreement may only be modified by Go Media in a writing that expressly states that such writing is intended to modify this Agreement.

Governing Go Media
Go Media is an Ohio company with a mailing address of: 4507 Lorain Ave., Cleveland OH, U.S.A. All support requests, completed registrations and other inquiries should be sent to: info@gomedia.us