TOON FILES LICENSE AGREEMENT

PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY BEFORE PURCHASING ASSETS FROM TOON FILES. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE OUR FILES. USING ANY PART OF THE TOON FILES LIBRARY INDICATES THAT YOU AGREE TO THE TERMS OF THIS EULA.

This EULA is by and between you (both the individual installing/using TOON FILES assets and any single legal entity on behalf of which such individual is acting) (“you” or “your”) and, collectively, Toon Files (“TOON FILES”) (collectively, “Licensor”).

  1. General
    1. You agree to use TOON FILES only for lawful purposes.
  2. Definition
    1. “TOON FILES” means all content, materials and information available at http://toonfiles.com props, characters, backgrounds and effects.
  3. TOON FILES License; Restrictions
    1. You are granted a limited, non-exclusive, and non-transferable right to use TOON FILES assets for personal and commercial use as set forth in this EULA. You may create and sell videos using TOON FILES assets. You may make as many re-prints or copies of the TOON FILES assets (in whole or in part) for up to the total amount of licenses purchased by you. Each copy and re-print must include all copyright information contained on or in the original. Except as permitted by applicable law and this EULA, you will not (in whole or in part) copy, duplicate, reproduce, license or sublicense TOON FILES assets or transfer, loan, lease, or convey TOON FILES assets or any right in the TOON FILES assets to anyone else without the prior duly executed written agreement of TOON FILES. Assets from TOON FILES (in whole or in part) may not be sold by you, nor otherwise distributed in any manner that results in any direct or indirect charge or expense to the user thereof.
  4. Disclaimer; Limitation of Liability
    1. TOON FILES ASSETS ARE PROVIDED “AS IS.” TOON FILES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO TOON FILES AND ANY WEBSITE WITH WHICH IT IS LINKED. TOON FILES ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF, OR RESULTS TO BE OBTAINED FROM USING, TOON FILES, NOR ANY INFERENCES THEREOF. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS, AND OTHER MATERIAL INCLUDED WITH OR IN TOON FILES OR ANY WEBSITE WITH WHICH IT IS LINKED.
    2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, TOON FILES, AND THEIR RESPECTIVE AFFILIATES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUPPLIERS AND CONTRACTORS SHALL IN NO EVENT BE LIABLE FOR ANY CLAIMS, CHARGES, AND DAMAGES, LIABILITIES, LOSSES, AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING, WITHOUT LIMITATION, ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A COMPUTER OR ELECTRONIC VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OF CHARACTER, EVEN IF TOON FILES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF TOON FILES, OR ANY WEBSITE WITH WHICH IT IS LINKED.
  5. Indemnification
    1. You will indemnify and hold harmless TOON FILES, and their respective affiliates, and all respective officers, directors, shareholders, employees, successors and assigns (of all of them) from and against any and all claims, demands, losses, liabilities, damages, settlements, expenses and costs (including, without limitation, attorneys’ fees and court and professional costs) which arise out of or relate to any third party claim or threat thereof that your use of TOON FILES is unlawful or not otherwise permitted by this EULA. TOON FILES shall not be liable to any user or anyone else for any inaccuracy, error or omission, regardless of cause, in TOON FILES, or for any damages resulting therefrom, whether direct or indirect.
    2. You acknowledge and agree that you use of any third party web site linked from TOON FILES that TOON FILES has no responsibility or liability for the content of the information of such third party web sites.
    3. Domain names and trademarks of other sites (web links from within TOON FILES to outside sites), or contained information accessed at other web sites, are the property of their respective owners. No affiliation with, endorsement of, or sponsorship by TOON FILES of any other web site are not to be inferred.
  6. Applicable Law
    1. This EULA shall be governed by the laws of the State of California, without giving effect to any choice of law principles. This EULA will not be governed by the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded. Exclusive jurisdiction over and venue of any suit arising out of or relating to this EULA will be in the state and federal courts of Orange County, California. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be invalid or unenforceable, the remainder of this EULA shall continue in full force and effect. The waiver by a party of any default or breach of this EULA will not constitute a waiver of any other or subsequent default or breach. You may not assign, sell, transfer, delegate or otherwise dispose of, whether voluntarily or involuntarily, by operation of law or otherwise, this EULA or any rights or obligations under this EULA without TOON FILES’s prior written consent. Any purported assignment, transfer or delegation by you will be null and void. This EULA constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this EULA.
  7. Contact Information
    1. If you have questions concerning this EULA, please contact TOON FILES: http://toonfiles.com/contact