A. IMPORTANT - READ CAREFULLY: This End-User License Agreement is a legal agreement between you hereby referred to as the Licensee, and Progressive Sporting Systems Inc. hereby referred to as Licensee for the product Trainer Clipart hereby refered to as the software. The software product includes computer software, the medias belonging to it, printed materials and electronic documentation. With installing, copying or any other usage of this software product, you agree to the terms of this agreement. If you do not agree to the terms of this agreement, you are not allowed to use or copy this software product. Further you are engaged to remove the software product from you computer.

B. COPYRIGHT

The software is protected by copyright laws of United States and international copyright treaties. Copyright and property right of the software product are set to the authors of the software. You do not purchase any rights on the software except those called in this license agreement. You agree that all copies of this software include the same hints about property and copyright like on and in this software.

C. WARRANTY

The author of this software product has verified the software as best as possible to make sure the main achievements as described work while normal usage on compatible equipment. Regarding to the complexity of computer software we can not guarantee that the software or documents does not contain errors or works without intermissions on any equipment and software configuration or that it can fulfil any other of your needs. So the software and the documentation are distributed in the state as present and you accept all risks with the usage. The author does not take any warranty either express or implied to the software or the documentation about its fitness generally or its qualification for special purposes except those warranties that have to be applied through obliged laws and that cannot be excluded. You know that you have to regularly backup your data and that you have to affect additional security provisions if a software error is supposed.

D. SOFTWARE END-USER LICENSE AGREEMENT

1. Licensee acknowledges that this is only a limited nonexclusive license. Licensor is and remains the owner of all titles, rights, and interests in the software.

2. This License permits Licensee to install the Software on more than one computer system, as long as the software will not be used on more than one computer system simultaneously. Licensee will not make copies of the software or allow copies of the Software to be made by others, unless authorized by this agreement or in writing by the Licensor. Licensee may make one (1) copy of the Software for backup purposes only.

3. This Software is subject to a limited warranty. Licensor warrants to Licensee that the physical medium on which this Software is distributed is free from defects in materials and workmanship under normal use, the Software will perform according to its printed documentation, and to the best of Licensor’s knowledge Licensee’s use of this Software according to the printed documentation is not an infringement of any third party’s intellectual property rights. This limited warranty lasts for a period of 90 days after delivery. To the extent permitted by law, THE ABOVE-STATED LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. No agent of Licensor is authorized to make any other warranties or to modify this limited warranty. Any action for breach of this limited warranty must be commenced within one year of the expiration of the warranty. Because some jurisdictions do not allow any limit on the length of an implied warranty, the above limitation may not apply to this Licensee. If the law does not allow disclaimer of implied warranties, then any implied warranty is limited to 90 days after delivery of the Software to Licensee. Licensee has specific legal rights pursuant to this warranty and, depending on Licensee’s jurisdiction, may have additional rights.

4. In case of a breach of the Limited Warranty, Licensee’s exclusive remedy is as follows: Licensee will return all copies of the Software to Licensor, at Licensee’s cost, along with proof of purchase. (Licensee can obtain a step-by-step explanation of this procedure, including a return authorization code, by contacting Licensor on the web at www.PssAthletics.com, At Licensor’s option, Licensor will either send Licensee a replacement copy of the Software, at Licensor’s expense, or issue a full refund.

5. Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE’S USE OF THIS SOFTWARE. Licensee’s jurisdiction may not allow such a limitation of damages, so this limitation may not apply.

6. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee’s business operations.

7. Licensor has the right to terminate this License Agreement and Licensee’s right to use this Software upon any material breach by Licensee.

8. Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.

9. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software.

10. This License Agreement is governed by the law of Iowa applicable to Iowa contracts.

11. This License Agreement is valid without Licensor’s signature. It becomes effective upon the earlier of Licensee’s signature or Licensee’s use of the Software.

E. ADDITIONAL LICENSE CONSIDERATIONS

The following serves as a limited record of permitted and prohibited uses.  This list is subject to change without notification and does not serve as a comprehensive agreement to permitted and prohibited uses.

PERMITTED USES. You may use the images to create documentation of training programs/handouts/etc that will be printed off, or digitally distributed within a secure document.  

PROHIBITED USES. You many not use the images to create software or any other media that will allow a third party to use the images without first licensing them.

For additional Licensing information, please contact Progressive Sporting Systems Inc via our support desk: http://completesupportsolutions.com/pssathletics