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 refereed 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 your computer.
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.
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
D. SOFTWARE END-USER LICENSE
1. Licensee acknowledges that this is only a
limited non exclusive license. Licensor is and remains the owner of all titles, rights, and interests in the
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, NON INFRINGEMENT, 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
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
E. ADDITIONAL LICENSE
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
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.
You may not display the images as is, modified, or within any none secure document on your website or any other 3rd
For additional Licensing information, please
contact Progressive Sporting Systems Inc via our support desk: http://completesupportsolutions.com/pssathletics
Last Updated: 1.31.2010