The following document constitutes a binding agreement between you and Brushkite.Inc (hereinafter referred to as "Brushkite") concerning your use of Brushkite Application (hereinafter referred to as "Application").
Please read the following policy carefully, before either
(i) completing the electronic order or download of the Application from an authorized website or
(ii) installing the Application from media that was delivered after being ordered by alternative order process, as applicable. You acknowledge that you have read this License Agreement, have understood it, and agree to be bound by its terms. If you do not agree to the terms and conditions of this Agreement, exit the web site page without continuing the process, or
Brushkite operates in the creative industry where the license is taken seriously for each image, font, video and media assets. Though we will ensure all the graphics and fonts used within Brushkite are public domain and we have open font license or CCO 1.0 universal for the same but our customers might upload their media assets which might have license issues.
Brushkite ‘free media’ uses free graphics, fonts which are open font license or CCO 1.0 universal license. User can upload their media creative (graphics, images fonts. slogans, quotes or any content) they agree that they have the appropriate license (personal use or commercial use) for the same. We do not claim any rights to images or text that they upload.
This Platform and the Application may contain software which originated with third-party vendors and without limiting the general applicability of the other provisions of this Agreement, you agree that
(a) the title to any third-party software incorporated in the Application shall remain with the third party which supplied the same; and
(b) you will not distribute any such third party software available with the Application unless the license terms of such third party software provide otherwise.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not:
(i) install any copies of the Application on more than one server or machine;
(ii) remove any copyright, trademark or other proprietary notices from the Application or its copies;
(iii) make any copies except for one back-up or archival copy, for the temporary emergency purpose;
(iv) rent, lease, license, sublicense or distribute the Application or any portions of it on a standalone basis or as part of your application;
(v) modify or enhance the Application;
(vi) reverse engineer, decompile or disassemble the Application.
(vii) allow any third parties to access, use or support the Application except employees, contractors, consultants or other third parties engaged by you to do any of the foregoing on behalf of or for your benefit.
As part of subscription license, Brushkite provides support that includes email support for problem reporting, product updates, upgrades and online access to product documentation at no additional cost for the period of subscription. Technical support, including online access to product documentation, product updates, upgrades, service packs, email and phone support, is not included as part of a perpetual license. You may purchase technical support services for perpetual license by paying the then-current maintenance and support fee.
Ownership and Intellectual Property
Brushkite owns all right, title and interest in and to the Application. Brushkite expressly reserves all rights not granted to you herein, notwithstanding the right to discontinue or not to release any Application and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or characteristics of the Application. The Application is only licensed and not sold to you by Brushkite.
The Application contains proprietary information of Brushkite that are protected under the law and you hereby agree to take all reasonable efforts to maintain the confidentiality of the Application. You agree to reasonably communicate the terms and conditions of this Agreement to those persons employed by you who come into contact with or access the Application, and to use reasonable efforts to ensure their compliance with such terms and conditions, including but not limited to, not knowingly permitting such persons to use any portion of the Application for a purpose that is not allowed under this Agreement.
Brushkite does not warrant that the Application will be error-free. Except as provided herein, the Application is furnished "as is" without warranty of any kind, including the warranties of merchantability and fitness for a particular purpose and warranty as to the performance or results you may obtain by using the Application. You are solely responsible for determining the appropriateness of using the Application and assume all risks associated with the use of it, including but not limited to the risks of program errors, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
Limitation of Liability
In no event will Brushkite be liable to you or any third party for any special, incidental, indirect, punitive or exemplary or consequential damages, or damages for loss of business, loss of profits, business interruption, or loss of business information arising out of the use or inability to use the program or for any claim by any other party even if Brushkite has been advised of the possibility of such damages. Brushkite 's entire liability concerning its obligations under this Agreement or otherwise concerning the Application shall not exceed the amount of the license fee paid by you for the Application.
Collection of Usage Details
Brushkite collects details pertaining to your usage of the Application such as the frequency of use of the various features of the Application, the pages accessed, the configuration of the system in which the Application is installed, the license details and usage statistics including the number of users added, add-ons running, product shutdown and start times, usage details and alerts information. The Usage Details collected does not include any personal information. Brushkite agrees to furnish details of the data collected regarding your usage of the Application upon request. You understand and acknowledge that collection of Usage Details is enabled by default and that it needs to be disabled through the Application's user interface if you do not wish to allow Brushkite to collect Usage Details.
Brushkite shall have no indemnity obligation for claims of infringement to the extent resulting or alleged to result from
(i) any combination, operation, or use of the Application with any programs or equipment not supplied by Brushkite;
(ii) any modification of the Application by a party other than Brushkite; and
(iii) your failure, within a reasonable time frame, to implement any replacement or modification of Application provided by Brushkite.
(iv) your use of any commercial media including but not limited to images etc, which you either have now ownership over nor have you licensed it.
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying or returning to Brushkite all copies of the Application in your possession. Brushkite may terminate this Agreement for any reason, including but not limited to your breach of any of the terms of this Agreement. Upon termination, you shall destroy or return to Brushkite all copies of the Application and certify in writing that all known copies have been destroyed. All provisions relating to confidentiality, proprietary rights, non-disclosure, and limitation of liability shall survive the termination of this Agreement.
If you are a resident of the United States or Canada, this Agreement shall be governed by and interpreted in all respects by the laws of the State of California, without reference to conflict of laws' principles, as such laws are applied to agreements entered into and to be performed entirely within California between California residents. If you are a resident of any other country, this Agreement shall be governed by and interpreted in all respects by the laws of that country without reference to conflict of laws' principles, as such laws are applied to agreements entered into and to be performed between residents . If you are a resident of the United States, you agree to submit to the personal jurisdiction of the courts in the Northern District of California. If you are a resident of any other country, you agree to submit to the personal jurisdiction of the courts in that particular country. This Agreement constitutes the entire agreement between the parties and supersedes all prior communications, understandings or agreements between the parties. Any waiver or modification of this Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this Agreement is found invalid or unenforceable, the remainder shall be interpreted to reasonable effect the intention of the parties. You shall not export the Application or your application containing the Application except in compliance with United States export regulations and applicable laws and regulations.
Auto Upgrade Policy
Brushkite updates its Application periodically to release fixes and features to existing customers. To make it easier for customers to stay on the latest version of the Application, auto-upgrade is enabled by default for Personal edition and Professional edition customers. You understand and acknowledge that the auto-upgrade feature is enabled by default and that it needs to be disabled through the Application's user interface if you do not wish to upgrade the Application automatically.