POWERSLIDES END USER LICENSE AGREEMENT
This is a legally binding agreement between you (either an individual or a single entity), referred to herein as “YOU”. , referred to herein as “POWERSLIDES”. This License Agreement Applies without limitation, to the website currently located at the domain powerslides.com and any other version of the foregoing, and/or any content delivered via any storage media. This TEMPLATE entitled powerslides.com and all documents and materials included in it are referred to herein as the “TEMPLATE” or the “CONTENT”.
Accessing, downloading and/or using all or any portion of any CONTENT or the TEMPLATE from POWERSLIDES confirms your acceptance of these terms and forms a legal contract between you and POWERSLIDES.
POWERSLIDES RESERVES THE RIGHT TO CHANGE ANY OF THE TERMS OF THIS AGREEMENT AT ANY TIME, AND YOU AGREE TO BE BOUND BY SUCH CHANGES. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS, AS MAY BE AMENDED, DO NOT DOWNLOAD OR USE ANY CONTENT.
Accessing, registering or using all or any portion of the TEMPLATES or CONTENTS indicates your acceptance of all the terms and conditions of this End-User License Agreement referred to herein as “EULA” and that this agreement is equivalent to a written agreement signed by you. This agreement is enforceable against you and any legal entity that obtained the TEMPLATES or CONTENT and on whose behalf it is used. If you do not agree to the terms of this agreement, please do not use the TEMPLATES and/or CONTENTS.
IT IS ILLEGAL AND STRICTLY PROHIBITED TO DISTRIBUTE, PUBLISH, OFFER FOR SALE, LICENSE OR SUBLICENSE, GIVE OR DISCLOSE TO ANY OTHER PARTY, THIS TEMPLATE OR THE CONTENT IN HARD COPY, DIGITAL FORM OR ANY OTHER MEDIUM WHETHER EXISTING OR NOT YET EXISTING, EXCEPT AS SPECIFICALLY PERMITTED BELOW.
The use of this TEMPLATE and CONTENT is governed by the terms and conditions set forth herein. Please read them carefully. This EULA is applicable to all of the Documents included in the CONTENT and to the TEMPLATE in its whole part. You are deemed to have read, understood and accepted the terms of this EULA when you access or use the TEMPLATE and the CONTENT.
POWERSLIDES permits you to download, install, use, or otherwise benefit from the functionality or intellectual property of the CONTENT only in accordance with the terms of this EULA.
1) PROPRIETARY RIGHTS
POWERSLIDES and its suppliers retain all title, ownership, and intellectual property rights in the TEMPLATE and CONTENT, including but not limited to all supporting documentation, files, marketing material, images and multimedia. The TEMPLATE and CONTENT are protected by copyright and other intellectual property laws and by international treaties. The TEMPLATE and CONTENT may include security measures designed to control access and prevent unauthorized copying and use. You agree not to interfere with any such security components. Use of third party material included in the TEMPLATE or the CONTENT may be subject to the terms and conditions typically found in the party’s own license agreement.
2) LIMITED LICENSE
You are granted a perpetual, limited, non-exclusive, non-transferable license to use the TEMPLATE and the CONTENT for the ALLOWED USAGE (3). You are not allowed to use the CONTENT and TEMPLATE except for that which is specifically listed in section ALLOWED USAGE (3).
3) ALLOWED USAGE
Subject to the restrictions and limitations described under NOT ALLOWED USAGE (4) , the following are “allowed usages” of CONTENT and TEMPLATE:
5) CONFIDENTIALITY
Each party agrees that it shall not disclose to any third party any information concerning the customers, trade secrets, methods, processes or procedures or any other confidential, financial or business information of the other party, which it learns during the course of its performance of this EULA, without the prior written consent of such other party. This obligation shall survive the cancellation or other termination of this EULA.
6) NON-TRANSFER OF RIGHTS
You may not rent, lease, sell, sublicense, assign or transfer your rights in the TEMPLATE or CONTENT.
7) PUBLICITY
You shall not refer to the existence of this EULA in any press release, website, advertising or any publicly distributed or accessible material, without the prior written consent of POWERSLIDES.
8) LIMITATION OF LIABILITY
EXCEPT AS REQUIRED BY LAW, POWERSLIDES AND ITS EMPLOYEES, DIRECTORS, LICENSORS, CONTRIBUTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS EULA OR THE USE OF OR INABILITY TO USE THE TEMPLATE OR CONTENT, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED.
9) DISCLAIMER OF WARRANTY
YOU ACCEPT THE TEMPLATE AND CONTENT “AS IS” AND WITH ALL FAULTS (IF ANY). POWERSLIDES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. POWERSLIDES MAKES NO WARRANTY OR REPRESENTATIONS WHATSOEVER REGARDING THE CONTENT AND YOUR USE OF IT, OR THE SUITABILITY OF THE CONTENT TO MEET YOUR SPECIFIC NEEDS. THE CONTENT IS DETAILED, BUT GENERIC IN FORM. THERE MAY BE LAWS APPLICABLE IN YOUR STATE/PROVINCE/COUNTRY THAT NEED TO BE ADDRESSED IN ANY FINAL CONTENT.
10) VIOLATIONS OF THIS EULA
POWERSLIDES reserves all rights not specifically granted to you above. POWERSLIDES will have the right to proceed against you in the event that you infringe against POWERSLIDES’s rights. Any use not within the precise scope of the license set forth herein will be considered an infringement. You acknowledge and agree that POWERSLIDES’s damages in the event of your violation of this EULA will be substantial and that POWERSLIDES will suffer irreparable harm in such event. As such, POWERSLIDES shall have the right to obtain equitable remedies, including but not limited to recovery of damages, obtaining injunctions, recovering statutory damages, recovering attorney fees, and any other available legal remedy.
12) WAIVER & SEVERABILITY
POWERSLIDES’s waiver of any breach of this EULA shall not constitute an amendment to this EULA or POWERSLIDES’s waiver of subsequent breaches. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of this EULA, which will remain valid and enforceable according to its terms.
13) ELECTRONIC NOTICES
You consent that POWERSLIDES may provide you with information and notices regarding the TEMPLATE, CONTENT and POWERSLIDES via the email address you designate when registering your account or thereafter. POWERSLIDES may provide notices to you via (i) email if you have provided POWERSLIDES with a valid email address, or (ii) by posting the notice on the POWERSLIDES website or the CONTENT download site which POWERSLIDES owns and operates. You may withdraw your consent for electronic notices.
14) AMENDMENTS
POWERSLIDES reserves the right to unilaterally amend all offers, pricing terms or other matters pertaining to the TEMPLATE and CONTENT, POWERSLIDES’s website or this EULA. No course of dealing or trade usage shall be deemed to amend the terms of this EULA.
15) COMPLETE AGREEMENT
This is the entire EULA between POWERSLIDES and you relating to the TEMPLATE and CONTENT and it supersedes any prior representations, discussions, undertakings, warranties, communications or advertising relating to the TEMPLATE.