1. LICENSE. The QuickArt images and other software (hereafter, the "Software") accompanying this License, whether on diskette or memory card (hereafter, "disk"), compact disc such as CD or DVD (hereafter, "disc"), Internet transfer, or on any other media (technologies, known or unknown) and the related documentation are licensed to you by Wheeler Arts. You own the disk/disc on which the Software is recorded but Wheeler Arts and/or Wheeler Arts' Licensors retain title to the Software and related documentation. This License allows you to use the Software on a single computer and make one copy of the Software in machine-readable form for backup purposes only. You must reproduce on such copy the Wheeler Arts copyright notice and any other proprietary legends that were on the original copy of the Software. You may not transfer your license rights in the Software to another party.
In purchasing (licensing) this Software, you acquire the right to use these QuickArt images in your creative works. However, the copyright on QuickArt prohibits the reproduction (offered, given, shared or sold) as clip art or photographs (single image or collection of images) in any media (paper or electronic, including the Internet and other technologies, known or unknown) without the written permission of Wheeler Arts or paying additional royalties.
This License allows you (a single user) to use your licensed copy in your office, home, or travel, as long as that QuickArt is in use only on a single machine (dedicated computer) at any given time. "Use" means loading the software into RAM, as well as installation on a hard disk or other storage device (other than a multi-user network or multi-user server).
2. RESTRICTIONS. The Software contains copyrighted and other proprietary material. In order to protect them, and except as permitted by applicable legislation, you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a different form. You may not network, rent, lease, loan, distribute, or create derivative works based upon the Software in whole or in part. You may not electronically transmit the Software to another party's computer, over a multi-user network, or by means of a multi-user server without the written permission of Wheeler Arts or a multi-user license from Wheeler Arts.
By altering QuickArt, it still remains the property of Wheeler Arts and may not be distributed (offered, given, shared or sold) without written permission or paying additional royalties.
3. FOR COMMERCIAL USE. By purchasing (licensing) QuickArt, you buy the right to use such images in your commercial product(s) as long as QuickArt does not comprise 50% or more of any item -- publication, coloring book, stencil, embroidery creation, greeting card, rubber stamp, Web page, etc. (Note: Commercial products include items available to the public.) If QuickArt comprises 50% or more of a commercial item, additional royalties are required.
If QuickArt is used on a commercial product, Wheeler Arts must be credited on the product as the copyright owner of the QuickArt images. For QuickArt non-photo images: It is acceptable to put this credit notice only in one location, such as on the credits page. Credit to read: "QuickArt® images © Wheeler Arts. All rights reserved. www.wheelerarts.com". For QuickArt photo images: Credit must accompany each photograph by including "© Wheeler Arts" on or next to that image.
If QuickArt comprises 50% or more of a commercial product, including any item for public or business distribution, contact Wheeler Arts for information about additional royalties.
4. FOR WEB SITE USE. By purchasing (licensing) QuickArt, you buy the right to use such images in one Web site (Internet domain and its pages). QuickArt images, or portions thereof, may not be included in more than one Web site without a multi-site license from Wheeler Arts.
If QuickArt is used in a Web site, Wheeler Arts must be credited within each Web page that it appears as copyright owner of the QuickArt images. Credit to read: "QuickArt® images © Wheeler Arts". A link to http://www.wheelerarts.com must accompany the credit and QuickArt images within each Web page that they appear. Credit must accompany each QuickArt photograph by including "© Wheeler Arts" on or next to that image.
QuickArt images, or portions thereof, may not be made available in any Web page as a download or copy option (including "Download Image to Disk" and "Copy Image" within a browser) without the written permission of Wheeler Arts.
5. FOR ONLINE NEWSLETTER USE. By purchasing (licensing) QuickArt, you buy the right to use such images in your e-newsletter (newsletter sent over the Internet). However, if QuickArt is included in an e-newsletter, Wheeler Arts must be credited within that e-mail message and on all attached QuickArt as copyright owner of such images. Credit to read: "QuickArt® images © Wheeler Arts". A reference or link to http://www.wheelerarts.com must accompany the credit and QuickArt images within each e-newsletter that they appear.
6. DIGITIZING FOR EMBROIDERY OR SEWING. By purchasing (licensing) QuickArt, you buy the right to use such images in your digitizing creations for your own use. You may use digitized QuickArt images on clothing or other sewn items for personal distribution. For distributing commercial items containing digitized QuickArt images, see provision 3 (above). You may not distribute (offer, share, sell or give away) any of the QuickArt images, or portions thereof, before or after they are digitized without written permission of Wheeler Arts or paying additional royalties.
7. ROYALTIES. Please contact Wheeler Arts for information and prices on additional royalties for: installing QuickArt on a network, distributing QuickArt over the Internet or by any other media, a multi-user license, a multi-site license, commercial product(s) where QuickArt comprises 50% or more of an item, or distributing digitized QuickArt.
8. TERMINATION. This License is effective until terminated. You may terminate this License at any time by destroying the Software, all copies and related documentation thereof. This License will terminate immediately without notice from Wheeler Arts if you fail to comply with any provision of this License. Upon termination you must destroy the Software, all copies and related documentation thereof.
9. EXPORT LAW ASSURANCES. You agree and certify that neither the Software nor any other technical data received from Wheeler Arts, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by you outside of the United States, you agree that you will not re-export the Software nor any other technical data received from Wheeler Arts, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software.
If you are licensing QuickArt on behalf of any unit or agency
of the United States Government, the following provisions apply.
The Government agrees:
(i) if the Software is supplied to the Department of Defense (DoD), the Software is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the Software and its documentation as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and
(ii) if the Software is supplied to any unit or agency of the United States Government other than DoD, the Government's rights in the Software and its documentation will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR.
11. LIMITED WARRANTY ON MEDIA. Wheeler Arts warrants the disk/disc on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of 90 days from the date of purchase (delivery) as evidenced by a copy of the receipt. Wheeler Arts' entire liability and your exclusive remedy will be replacement of the disk/disc not meeting Wheeler Arts' limited warranty and which is returned to Wheeler Arts or a Wheeler Arts' authorized representative with a copy of the receipt. Wheeler Arts will have no responsibility to replace a disk/disc damaged by accident, abuse or misapplication. Any implied warranties on the disk/disc, including the implied warranties of merchantability and fitness for a particular purpose, are limited in duration to 90 days from the date of delivery. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.
12. DISCLAIMER OF WARRANTY ON SOFTWARE. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided "AS IS" and without warranty of any kind. Wheeler Arts expressly disclaims all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Wheeler Arts does not warrant that the functions contained in the Software will meet your requirements, or that the operation of the Software will be uninterrupted or error-free, or that defects in the Software will be corrected. Furthermore, Wheeler Arts does not warrant or make any representations regarding the use or the results of the use of the Software or related documentation in terms of their correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by Wheeler Arts or a Wheeler Arts' authorized representative shall create a warranty or in any way increase the scope of this warranty. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
13. LIMITATION OF LIABILITY. Under no circumstances including negligence, shall Wheeler Arts be liable for any incidental, special or consequential damages that result from the use or inability to use the Software or related documentation, even if Wheeler Arts or a Wheeler Arts' authorized representative has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Wheeler Arts' total liability to you for all damages, losses, and causes of action [whether in contract, tort (including negligence) or otherwise] exceed the amount paid by you for the Software.
14. CONTROLLING LAW AND SEVERABILITY. This License shall be governed by and construed in accordance with the laws of the United States and the State of Illinois. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
15. COMPLETE AGREEMENT. This License constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing by a duly authorized representative of Wheeler Arts.
RETURN POLICY: Physical products carry a 30-day refund option. Download purchases are non-refundable.
QUICK ART (QuickArt)
is a registered trademark of Wheeler Arts. All rights reserved.
Wheeler Arts, 66 Chestnut Court, Champaign, IL 61822 USA
Web sites: www.WheelerArts.com and www.QuickArt.com
Updated: May 2005