someFrogs Products Usage Terms & Conditions
When you purchase or download an application from our royalty-free collection, it will be accompanied by and subject to the following terms and conditions. You'll find these provisions to be straightforward, and industry standard:
SOMEFROGS ROYALTY-FREE LICENSE AGREEMENT
1. ESSENTIAL INFORMATION
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF ANY APPLICATION AND FORMS A LEGAL AGREEMENT BETWEEN YOU AND SOMEFROGS Corporation (hereafter “SOMEFROGS ”). By downloading an application from SOMEFROGS you agree to be bound by the terms of this agreement. SOMEFROGS reserves the right to change these terms at any time, and you agree to be bound by such changes.
a) Geographic limits:
This License Agreement governs your use of SOMEFROGS ’ Royalty Free Application(s) ("the Application(s)"), provided by SOMEFROGS . SOMEFROGS grants you a non-exclusive and non-transferable license for the use of the Application(s) only as provided below. All other rights to the Application(s), CD-ROM and accompanying materials (if applicable), including without limitation, copyright and all other rights, are retained by SOMEFROGS .
b) Number of Users:
THIS IS ONE(1) PERSON DEVELOPER-LICENSE AGREEMENT. You are permitted to use the Application(s). THIS IS NOT A SIMULTANEOUS USE LICENSE. You may not allow more any other designated people, whether employees or contractors, access to or use of the Application(s). You may not use the Application(s) on a server or create any other application library that permits access to other designated people.
c) Permitted Uses. You may:
(i) Back up, copy, or archive the Application(s) as necessary for internal use, and only as necessary for that use. Any copy or archive you make must include the Application's copyright information.
(ii) Use the Application(s) in any electronic or print media, including advertising and editorial use, and consumer merchandise.
(iii) Use the Application(s) for any items for resale, including book covers and consumer merchandise, provided these products are not intended to allow the re-distribution or re-use of the Application(s).
(iv) Modify or alter the Application(s) as necessary for your use, as allowed for elsewhere in these terms and conditions, provided that the rights to any derivative work shall belong to SOMEFROGS . You may use such derivative work only as permitted in accordance with these terms and conditions. All copyrights with respect to such derivative work are assigned to SOMEFROGS , which assignment the parties hereby agree is valid under the U.S. Copyright Law. If requested by SOMEFROGS , you agree to execute a written assignment of any such copyrights with respect to such derivative work.
(v) In the normal course of workflow, convey to a third party (such as a printer) temporary copies of the Application(s) that are integral to your work product and without which the product could not be completed.
(d) Prohibited Uses: You may not:
(i) Transfer the rights to the Application(s), CD-ROM or accompanying materials (if applicable), except as specifically provided for elsewhere in this Agreement. All other rights are reserved by SOMEFROGS .
(ii) Reverse engineer, decompile, or disassemble any part of the Application(s), CD-ROM or accompanying materials (if applicable), subject to applicable law.
(iii) Copy or reproduce the Application(s), CD-ROM or accompanying materials (if applicable), except as specifically provided for in paragraph 2(c).
(iv) Remove any copyright or trademark from any place where it appears on the Application(s) or its accompanying materials.
(vii) Re-sell, distribute or sub-license the Application(s), CD-ROM (if applicable), or the rights to use the Application(s) to anyone for any purpose, except as specifically provided for elsewhere in this agreement. SOMEFROGS is in the business of licensing applications to its customers. It is the specific intent of this provision to prohibit a purchaser or licensee of SOMEFROGS ’s applications from using the Application(s) to enter, either directly or indirectly, a similar or competing business. It is also prohibited to use the Application(s) in a product whereby the purchaser or licensee of that product can then use the Application(s) for its own purposes.
e) Rights of Agents
Agents are granted the rights listed in this agreement provided that these rights are used solely in a final product published by a single client as the final end user.
3. PAYMENT TERMS
No rights are granted until the invoice is paid in full.
4. TERMS AND DEVELOPMENT CREDIT
This License is effective until it is terminated. You can terminate this License by destroying the Application(s), along with any copies or archives of it, and any CD-ROM or accompanying materials (if applicable), and ceasing to use the Application(s) for any purpose.
The License also terminates if at any time you fail to comply with the terms of this Agreement. If this happens, you hereby agree to destroy all copies and archives of the Application(s), to cease using the Application(s) for any purpose, and to confirm to SOMEFROGS in writing that you have complied with these requirements.
SOMEFROGS requests the phrase DEVELOPMENT: SOMEFROGS appear adjacent to the Application or on a credit page.
5. LIMITED WARRANTY
SOMEFROGS represents that it has the right to enter into this Agreement and has the right to grant this License under these terms.
SOMEFROGS warrants that the Application(s) and/or CD-ROM (if applicable) will be free from defects in materials and workmanship under normal use for a period of 30 days from the date you download or receive it.
EXCEPT AS PROVIDED ABOVE, THE APPLICATION(S), CD-ROM AND ACCOMPANYING MATERIALS (IF APPLICABLE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOMEFROGS DOES NOT WARRANT THAT THE APPLICATION(S) WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APPLICATION(S) IS WITH YOU. SHOULD THE APPLICATION(S) PROVE DEFECTIVE, YOU (AND NOT SOMEFROGS OR AN AUTHORIZED PERSONNEL OR OTHER OFFICIAL AFFILIATE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Certain states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from state to state.
6. LIMITATION OF REMEDIES
a) Replacement or Refund:
SOMEFROGS ’ entire liability and your exclusive remedy, with respect to any claims arising out of your use of the Application(s) or CD-ROMs (if applicable), or out of your actions in downloading the Application(s), shall be as follows:
Downloaded Applications: You may be permitted to download the Application(s) again, at a location SOMEFROGS will provide for you. If you continue to be unable to download the Application(s), SOMEFROGS will refund your money, provided SOMEFROGS determines in its sole and absolute discretion that you have been unable to download the Application(s) successfully.
CD-ROMs: As provided for in the warranty above, you can receive a replacement CD-ROM by returning the CD-ROM and a copy of your receipt to SOMEFROGS , or to a distributor authorized by SOMEFROGS . If SOMEFROGS or its authorized distributor is unable to provide you with a replacement CD-ROM which is free from defects in materials or workmanship, you may terminate this Agreement by returning the CD-ROM and SOMEFROGS will refund your money.
b) No Money Damages:
Under no circumstances whatsoever will SOMEFROGS be liable to you for any damages, including any lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use the Application(s) even if SOMEFROGS or a distributor authorized by SOMEFROGS has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold SOMEFROGS harmless against all claims or liability asserted against SOMEFROGS arising out of or in connection with any breach of any of the terms of this Agreement.
a) Restricted Rights to the US Government:
If the Application(s) is purchased by or provided to the United States Government then it is provided with restricted rights. Such restricted rights are defined in the Defense Department Supplement to the Federal Acquisitions Regulations (“FAR”) in paragraph S2.227.19(c)(2) of the FAR. Your use of the Application(s) must be in compliance with all laws and regulations including those pertaining to currency, trademarks, and moral rights.
b) Additional Rights:
If you would like to discuss the acquisition of further rights than are provided for under this Agreement, please contact SOMEFROGS at Contact Us concerning a separate license.
c) Uniform Commercial Code:
You agree that this Agreement is subject to Article 2 of the Uniform Commercial Code and agree to be bound by same.
d) Governing Law:
You agree that the Application(s) will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. You, the user, shall at your own expense promptly obtain and arrange for the maintenance of all non-USA government approvals, if any, and comply with all laws and regulations as may be necessary, for company’s performance under this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
If any provision of this Agreement is held to be not enforceable, such provision shall be reformed only to the extent to make it enforceable.
f) Taxes and other:
You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of license granted to you, or of your use of the Application(s), pursuant to this Agreement.
SOMEFROGS reserved the right to elect at a later date to replace the Application(s) with an alternative for any reason. Upon notice of such replacement, the license for the replaced Application(s) terminates for any products that do not already exist, and this license automatically applies to the replacement Application(s). You agree not to use the replaced Application(s) for future products and to take all reasonable steps to discontinue use of the replaced Application(s) in products that already exist.
This Agreement, its validity and effect, shall be solely interpreted under, and solely governed by, the laws of the State of New Jersey. Any claims shall be brought solely in the Federal District Court of the District of New Jersey and you expressly consent to the exclusive jurisdiction of the courts of the State of New Jersey. You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery.
10. LEGAL FEES AND JURISDICTION
If SOMEFROGS is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse SOMEFROGS for its legal fees, costs and disbursements if SOMEFROGS is successful.
You may not assign or transfer to anyone else the rights granted to you in this Agreement, without our prior written consent.
12. ENTIRE CONTRACT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND COMSTOCK, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND COMSTOCK RELATING TO THE SUBJECT OF THIS AGREEMENT. THE EXPLANATIONS TO FAQ'S AND OTHER EXPLANATIONS AND CONTENT PROVIDED IN COMSTOCK'S WEBSITE ARE FOR YOUR INFORMATION ONLY AND ARE NOT, AND SHALL NOT BE CONSTRUED AS, PART OF THIS AGREEMENT.