LICENSE AGREEMENT AND LIMITATION OF LIABILITY

THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE LICENSEE, AND CYNTHIA DAVIS DESIGNS D/B/A WALLOVERS (HEREINAFTER REFERRED TO AS “WALLOVERS”), THE LICENSOR.

BY USING THIS STENCIL, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE UNUSED STENCIL AND ACCOMPANYING ITEMS (INCLUDING THE WRITTEN MATERIALS AND OTHER CONTAINERS TO THE PLACE OF PURCHASE FOR A FULL REFUND. THIS AGREEMENT SUPERSEDES ALL PRIOR AGREEMENTS, PROPOSALS, AND REPRESENTATIONS BETWEEN YOU AND WALLOVERS REGARDING ALL WALLOVERS PRODUCTS.

  • GRANT OF LICENSE. WALLOVERS GRANTS TO YOU THE RIGHT TO USE ONE COPY OF THE ENCLOSED WALLOVERS STENCIL. THIS LICENSE IS NOT TRANSFERABLE.
  • OWNERSHIP AND COPYRIGHT. THE STENCIL IS OWNED BY WALLOVERS; IT IS LICENSED TO YOU AND IS NONTRANSFERABLE. IT IS NOT SOLD. THE STENCIL IS ALSO PROTECTED BY UNITED STATES COPYRIGHT LAWS. YOU MUST TREAT THE STENCIL LIKE OTHER COPYRIGHT PROTECTED MATERIALS SUCH AS BOOKS OR MUSIC RECORDINGS. YOU MAY NOT COPY, REPRODUCE, TRANSFER, RENT, LEASE OR LEND IT TO ANY THIRD PERSON OR ENTITY IN ANY MANNER WHATSOEVER WITHOUT THE PRIOR WRITTEN AUTHORIZATION OF WALLOVERS.
  • LIMITED WARRANTY. WALLOVERS WARRANTS THAT THE STENCIL IS FREE OF MATERIAL DEFECTS IN CONSTRUCTION AND WORKMANSHIP. IF THERE IS A DEFECT IN WORKMANSHIP, YOU MAY RETURN THE STENCIL COVERED BY THIS WARRANTY TO THE PLACE YOU PURCHASED IT WITHIN THIRTY (30) DAYS OF PURCHASE AND WALLOVERS OR ITS DEALER WILL REPLACE IT WITHOUT CHARGE. THIS IS YOUR ONLY REMEDY FOR BREACH OF WARRANTY. YOU ASSUME ALL RISKS WITH RESPECT TO THE ACCURACY, QUALITY, RELIABILITY AND PERFORMANCE OF THE STENCIL AND ACCOMPANYING MATERIALS. ANY AND ALL WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF PURCHASE.
  • NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL WALLOVERS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE STENCIL, EVEN IF WALLOVERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
  • NO OTHER WARRANTIES OR REMEDIES. WALLOVERS DISCLAIMS ALL OTHER WARRANTIES AND REMEDIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE STENCIL AND THE ACCOMPANYING WRITTEN MATERIALS.
  • DISPUTES. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF CONNECTICUT AND ALL DISPUTES SHALL BE RESOLVED WITHIN THE STATE OF CONNECTICUT BY ARBITRATION UNDER AMERICAN ARBITRATION WITH ONE ARBITRATOR, WITH ANY HEARING TO BE CONDUCTED IN TRUMBULL, CONNECTICUT. THE PREVAILING PARTY IN ANY ACTION BROUGHT IN CONNECTION WITH ANY PROVEN INFRINGEMENT OF WALLOVERS’S PROPRIETARY RIGHTS WILL BE ENTITLED TO RECOVER ITS COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES.

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