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Terms of Service
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PLEASE READ THE FOLLOWING LICENSE AGREEMENT TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING FROM OR USING SILVERLIGHTTEMPLATES.COM. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SILVERLIGHTTEMPLATES.COM.

SilverlightTemplates.com License Agreement

Purpose

You would like to use the SilverlightTemplates.com website ("The Site") to sell one or more Silverlight-based HTML Templates or User Controls. SilverlightTemplates.com is willing to grant You a limited license to use the The Site to sell your work on the terms and conditions set forth in this Agreement.

1. Accepting this Agreement and Definitions

1.1 Acceptance

In order to use SilverlightTemplates.com, You must first agree to this License Agreement. If You do not or cannot agree to this License Agreement, You are not permitted to use SilverlightTemplates.com. Do not continue with registration nor use The Site.

You accept and agree to the terms of this License Agreement on Your own behalf and/or on behalf of Your company, organization or educational institution as its authorized legal representative, by doing either of the following:
  1. Checking the box displayed at the end of this Agreement; or
  2. Clicking an "Agree" or similar button, where this option is provided by SilverlightTemplates.com

1.2 Definitions

Whenever capitalized in this Agreement:

"The Site" means SilverlightTemplates.com and its systems, and owned and/or controlled by SilverlightTemplates.com

"Application", "Work", "Works of Art" or "Software" means one or more programs developed by You in compliance with this License Agreement

"Authorized Developers" means any individual working with You or Your organization.

"Documentation" means any technical or other specifications or documentation that you may provide to for use in connection with Your Software.

"Updates" means bug fixes, updates, upgrades, modifications, enhancements, supplements, and new releases or versions of Your Software sold on SilverlightTemplates.com.

"Review Process" refers to the evaluation of Software by an authorized Member of The Site, prior to it being made available for purchase.

2. Internal Use License and Restrictions

2.1 Permitted Uses and Restrictions

Subject to the terms and conditions of this Agreement, SilverlightTemplates.com hereby grants You, for the duration of this agreement, a limited, non-exclusive, personal, revocable, non-sublicensable and non-transferable license to:
  1. Upload Silverlight-based software for sale on SilverlightTemplates.com
  2. Provide updates to your software.
  3. Remove your upload before the completion of the Review Process.

SilverlightTemplates.com reserves the right to review Your Work for blatant issues; such as non-functionality; which, may lead to the termination of this agreement.

2.2 Authorized Use

As long as You or Your company has Registered and entered into an agreement with SilverlightTemplates.com, you may upload your work to SilverlightTemplates.com.

2.3 Copies

  1. You agree not to place the Work, upload to SilverlightTemplates.com, to any other site on the Internet for free.
  2. You agree not to submit any Work uploaded to SilverlightTemplates.com to any other site on the the Internet for purchase.

2.4 Ownership

SilverlightTemplates.com retains all rights, title, and interest in to the SilverlightTemplates.com website including any updates or modifications it may make.

2.5 No Resale of Work

Except as otherwise set forth in this Agreement, You agree not to rent, lease, lend, upload to or host on any website or server, sell, redistribute, or sublicense your work, template or effort that is sold on SilverlightTemplates.com, in whole or in part. Once you upload your work for sale on SilverlightTemplates.com, You may not use that Software or Work of Art or any services provided hereunder for any purpose not expressly permitted by this Agreement.

You agree not to install, use or run your Work on any website that uses the Work you have uploaded to SilverlightTemplates.com. You may not and You agree not to, or to enable others to, copy (except as expressly permitted under this Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, decrypt, or create derivative works of any others of your Work sold on this site.

You agree not to exploit any services provided hereunder in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity at SilverlightTemplates.com. Any attempt to do so is a violation of the rights of SilverlightTemplates.com.

If You breach any of the foregoing restrictions, You may be subject to prosecution and damages. All licenses not expressly granted in this Agreement are reserved and no other licenses, immunity or rights, express or implied are granted by SilverlightTemplates.com, by implication, estoppel, or otherwise. This Agreement does not grant You any rights to use any trademarks, logos or service marks belonging to anyone

2.6 Promotions

SilverlightTemplates.com may extend, enhance, or otherwise notify potential Buyers on your work or services provided hereunder at any time without notice. You acknowledge that SilverlightTemplates.com has no express or implied obligation to announce the promotion.

3. Your Obligations

3.1 General

You certify to SilverlightTemplates.com and agree that
  • You are of the legal age of majority in the jurisdiction in which You reside (at least 18 years of age in many countries) and have the right and authority to enter into this Agreement on Your own behalf, or if You are entering into this Agreement on behalf of Your company, organization or educational institution, that You have the right and authority to legally bind Your company, organization or educational institution to the terms and obligations of this Agreement;
  • All information provided by You to SilverlightTemplates.com or Your end users in connection with this Agreement or Your Application, including without limitation Licensed Application Information, will be current, true, accurate and complete and, with regard to information You provide to SilverlightTemplates.com, You will promptly notify SilverlightTemplates.com of any changes to such information;
  • You will comply with the terms of and fulfill Your obligations under this Agreement and You agree to monitor and be responsible for Your Authorized Developers' use of the SilverlightTemplates.com website and their compliance with the terms of this Agreement;
  • You will be solely responsible for all costs, expenses, losses and liabilities incurred, and activities undertaken by You and Authorized Developers in connection with the SilverlightTemplates.com site and its services.
  • You will not act in any manner which conflicts or interferes with any existing commitment or obligation You may have and no agreement previously entered into by You will interfere with Your performance of Your obligations under this Agreement.

3.2 Use of the SilverlightTemplates.com website

As a condition to using the SilverlightTemplates.com and its services, You agree that:
  • You will only use the SilverlightTemplates.com and any services for the purposes and in the manner expressly permitted by this Agreement and in accordance with all applicable laws and regulations;
  • You will not use the SilverlightTemplates.com website or any services therein for any unlawful or illegal activity, nor to develop any Application which would commit or facilitate the commission of a crime, or other tortious, unlawful or illegal act;
  • Your Application will be developed in compliance with the Documentation and the Program Requirements, the current set of which is set forth in Section 3.3 below
  • To the best of Your knowledge and belief, Your Application will not violate, misappropriate, or infringe any copyrights, trademarks, rights of privacy and publicity, trade secrets, patents, or other proprietary or legal rights;
  • You will not, through use your use of the SilverlightTemplates.com website, services or otherwise, create any Application or other program that would disable, hack or otherwise interfere with the Security of a Buyer's computer systems;

3.3 Program Requirements for Applications

Any Application you intend to sell on SilverlightTemplates.com must meet all of the following criteria and requirements, as they may be modified by SilverlightTemplates.com from time to time:
  • Applications may only use Documented APIs in the manner prescribed by its owners.
  • An Application may not itself install or launch other executable code by any means, unless fully disclosed.
  • An Application may only read data from or write data to an Application's designated container area on the device.

Local Laws, User Privacy, Location Services and Mapping

Applications must comply with all applicable criminal, civil and statutory laws and regulations, including those in any jurisdictions in which Your Applications may be offered or made available. In addition, for Applications that use location-based APIs or that collect, transmit, maintain, process, share, disclose or otherwise use a user's personal information or data:
  • You and the Application must comply with all applicable privacy and data collection laws and regulations with respect to any collection, transmission, maintenance, processing, use, etc. of the user's location data or personal information by the Application.
  • Applications may not be designed or marketed for the purpose of harassing, abusing, stalking, threatening or otherwise violating the legal rights (such as the rights of privacy and publicity) of others.
  • Applications may not perform any functions or link to any content or use any robot, spider, site search or other retrieval application or device to scrape, retrieve or index services provided by SilverlightTemplates.com, or to collect, disseminate or use information about users for any unauthorized purpose.
Applications must not disable, override or otherwise interfere with any Operating System/Native system alerts, warnings, display panels, consent panels and the like.

4. Content and Materials

Any recordings and musical compositions embodied in Your Work must be wholly-owned by You or licensed to You on a fully paid-up basis and in a manner that will not require the payment of any fees, royalties and/or sums.

If Your Application includes or will include any other content, You must either own all such content or have permission from the content owner to use it in Your Application.

Applications may be rejected if they contain content or materials of any kind (text, graphics, images, photographs, sounds, etc.) that in SilverlightTemplates.com reasonable judgment may be found objectionable.

5. Content and Materials

Applications must not contain any malware, malicious or harmful code, program, or other internal component (e.g. computer viruses, trojan horses, "backdoors") which could damage, destroy, or adversely affect other software, firmware, hardware, data, systems, services, or networks.

If Your Application includes any open source code or work, You agree to comply with all applicable licensing terms. You also agree not to use any open source code in the development of Your Application in such a way that would cause the non-open source portions of Your Software to be subject to any open source licensing terms or obligations.

6. Additional Services

From time to time, SilverlightTemplates.com may provide access to additional services for You to use in connection with Your Work. Some of these additional services may be subject to separate terms and conditions in addition to this Agreement. If You elect to use such services, Your usage will also be subject to those separate terms and conditions. In addition, such services may not be available in all languages or in all countries.

7. Changes to Requirements or Terms

SilverlightTemplates.com may change the Program Requirements or the terms of this Agreement at any time.

New or modified Program Requirements will not retroactively apply to Applications already in distribution. In order to continue using SilverlightTemplates.com site or its services, You must accept and agree to the new Requirements and/or new terms of this Agreement. If You do not agree to new Requirements or new terms, Your use of the The Site and any services will be suspended or terminated. You agree that Your acceptance of such new Agreement terms or Program Requirements may be signified electronically, including without limitation, by Your checking a box or clicking on an "agree" or similar button. Nothing in this Section shall affect SilverlightTemplates.com's rights.

8. Application Submission and Selection

You may submit Your Application for consideration by SilverlightTemplates.com for distribution via the website once You decide that Your Application has been adequately tested and is complete. By submitting Your Application, You represent and warrant that Your Application complies with the Documentation and Program Requirements then in effect. You further agree that You will not attempt to hide, misrepresent or obscure any features, content, services or functionality in Your submitted Applications from SilverlightTemplates.com review or otherwise hinder SilverlightTemplates.com from being able to fully review such Applications.

If requested by SilverlightTemplates.com, You agree to answer questions and provide information and materials reasonably requested by SilverlightTemplates.com regarding Your Work.

9. Selection by SilverlightTemplates.com for Distribution and Sale

You understand and agree that SilverlightTemplates.com may, in its sole discretion:
  • Determine that Your Application does not meet all or any part of the Documentation or Program Requirements then in effect;
  • Reject Your Application for distribution for any reason, even if Your Application meets the Documentation and Program Requirements
SilverlightTemplates.com shall not be responsible for any costs, expenses, damages, losses (including without limitation lost business opportunities or lost profits) or other liabilities You may incur as a result of Your Application development.

10. Revocation

You understand and agree that SilverlightTemplates.com may cease distribution of Your Application(s) at any time.

11. Indemnification

To the extent permitted by law, You agree to indemnify, defend and hold harmless SilverlightTemplates.com, its directors, officers, employees, independent contractors and agents from any and all claims, losses, liabilities, damages, expenses and costs (including without limitation attorneys fees and court costs) (collectively "Losses") incurred by SilverlightTemplates.com as a result of: Your breach of this Agreement; a breach of any certification, covenant, representation or warranty made by You in this Agreement.

12. NO WARRANTY

Software sold by SilverlightTemplates.com may contain inaccuracies or errors that could cause failures or loss of data. SilverlightTemplates.com or its licensors do not provide any warranty on software sold on The Site.

13. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SILVERLIGHTTEMPLATES.COM BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT.

Rev. 10-October-2009

EULA-1A