DIGITAL CONTENT AGREEMENT
By acquiring Digital Content, you have acquired from The Movement Box Dance Studio, LLC. ("TMB"), a license to use the Digital Content in accordance with the terms and conditions of this Agreement (the "License"). By accessing Digital Content you (the "licensee") agree to use it solely as provided in this Agreement and to comply with all of the terms and conditions of this Agreement.
Upon accepting the terms of this Agreement, TMB grants to you a non-exclusive, non-assignable, non-transferable, non-sublicenseable, non-commercial, personal license to use TMB Digital Content as follows:
Licensee has the right to use the Digital Content for personal purposes only.
Licensee may load Digital Content into temporary memory or into a permanent storage device, solely for your private and personal use in accordance with this Agreement.
Licensee's rights to the Digital Content are worldwide;
Licensee may not rent, sublicense, sell, assign, convey or transfer Digital Content, this Agreement or any of its rights under this Agreement. Licensee may not include the Digital Content in an electronic template intended to be Reproduced by third parties on electronic or printed products;
Licensee may not sell, license or distribute any derivative work based on the Digital Content;
Licensee may not post the Digital Content online in any capacity;
Licensee may not use Digital Content in electronic items for resale;
Licensee may not use Digital Content on physical items for resale;
Licensee may not use any part of Digital Content, or any alteration or modification of the same, in any way that is defamatory, pornographic, obscene, libelous, fraudulent, or unlawful.
Claim any portion of Digital Content or any modification of Digital Content as your own.
Any use of Digital Content other than is specifically authorized in this End-User License Agreement is strictly prohibited. TMB will have the right to determine, in its sole discretion, whether a use is within the scope of the permitted uses or the prohibited uses described above. Unauthorized use will result in immediate termination of this license including but not limited to legal action.
You acknowledge that the Digital Content belongs to TMB or its Licensor or Licensors, and that TMB or its Licensor or Licensors retain all right, title, and interest in and to the Digital Content not expressly granted under this Agreement, including, without limitation, all copyrights.
THE TMB DIGITAL CONTENT IS PROVIDED BY TMB "AS IS." TMB HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, EXPRESS, IMPLIED, OR OTHERWISE, OR ARISING FROM TRADE OR CUSTOM, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TMB DISCLAIMS ANY WARRANTY THAT THE TMB DIGITAL CONTENT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
TMB and its licensors will not be liable for damages of any kind, including general, direct, special, incidental, and consequential damages, resulting from or arising out of your possession or use of the TMB Digital Content (including data loss or corruption), regardless of whether such liability is based in tort, contract, or otherwise. If the foregoing limitation is held to be unenforceable, the maximum liability to you will not exceed the amount of the license fees paid by you for the TMB Digital Content.