Preset Licensing Agreement
The License Agreement (“Agreement” and "Terms") is a legal contract between you and Creative Genius, LLC dba Pura Vida Bracelets (“Pura Vida Bracelets," Us," "Our" and "We"). In this agreement, "Presets" and "Files" are defined as the product you purchase from Pura Vida Bracelets as identified on your sales receipt. “You,” “Your,” “End User” and “Licensee” are defined as and refer to the customer who has purchased a license to use the Presets.
When you purchase Presets from Pura Vida Bracelets, you are purchasing a license to use our Presets under a particular set of conditions. It is important to read and understand this agreement because it defines your rights as the Licensee, acceptable use of the Presets, and the rights that Pura Vida Bracelets reserves.
Purchasing, downloading, installing, or using the Files indicates your confirmation that you understand and agree to the terms of this Agreement and that you have the authority to bind the person or entity specified on your sales receipt (“Licensee”) to the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not permitted to purchase, download, install, or use our Presets.
Pura Vida Bracelets remains the sole owner of all right, title, and interest in the Presets. Under no circumstances may the licensed Files be sold or given away to any third party. The Licensee agrees to treat the Files as conﬁdential information and exercise reasonable care to avoid unauthorized distribution of the Files. Except as expressly provided in these Terms, we do not grant you any rights or ownership in respect to the Files. We reserve all rights not granted under these Terms.
Upon purchase of our Files, you are granted a limited, non-exclusive, non-assignable, non-transferable, revocable License to download, install, and use our Presets for personal and professional use to edit your personal and/or professional photographs. The license does not grant you any ownership to our Presets, nor is it considered a sale of any rights to our Presets. You are only granted a License to use our Presets in accordance with these Terms.
You are welcome to use the Presets to edit your personal and professional photos. However, you are not permitted to resell our Presets, make derivative works, or share the Presets with any unlicensed third party. If we have reason to believe that you have breached these Terms, you agree to relinquish your license, cease use, and destroy all copies of the Files. Furthermore, we will use all available remedies at law to prevent additional prohibited use and to remedy past prohibited use.
The Files may be installed and used only on the devices of the Licensee. You may not use the Files in any manner that makes them accessible to the public or non-licensed third parties. You may not distribute the Files or any copy thereof to any third party. If a third party such as a friend, client, designer, independent contractor, employee, or a freelancer creating content for the benefit of the Licensee, needs to install the files for any reason, they must purchase their own license directly from Pura Vida Bracelets.
You are strictly prohibited from modifying, adapting, making derivative works, reverse-engineering, sharing, selling, gifting, licensing, sub-licensing, transferring, assigning, hosting, distributing, copying, posting onto any public network, or otherwise commercially exploiting the Presets. Further, you are not permitted to purchase or access the Presets with the intent to build similar or competitive Presets. If we have reason to believe that you have breached these Terms, you agree to relinquish your license, cease use, and destroy all copies of the Files. Furthermore, we will use all available remedies at law to prevent additional prohibited use and to remedy past prohibited use.
Please be sure to back up the Presets on an external storage device. Pura Vida Bracelets is not responsible for lost Files for any reason. However, we may be willing to re-issue the Presets once a valid purchase receipt has been provided. Pura Vida Bracelets is not responsible for any direct or indirect loss or damage arising from the use of our Presets.
Pura Vida Bracelets expressly reserves the right to amend or modify future versions of this License Agreement at any time and without prior notification. If you have any questions or need clarification on the terms of this agreement, please get in touch with us via email at [email protected]idabracelets.com.