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End User License Agreement

This End-User Agreement is a legal contract between you, as either an individual or a business entity, and Elite Image Software Corporation (“EliteImage”).

READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE USING ELITE IMAGE’S PROPRIETARY SOFTWARE (the “Software”). THE SOFTWARE IS COPYRIGHTED AND IT IS LICENSED TO YOU UNDER THIS AGREEMENT, NOT SOLD TO YOU. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.


1. Grant of License. Elite Image hereby grants to you, and you accept, a limited, nonexclusive license to use the software as authorized by this Agreement. For purposes of this Agreement, the “Software” includes any updates, enhancements, modifications, revisions, or additions made to the Software by Elite Image and made available to end users through Elite Image’s website (www.eliteimage.ca) (the “Website”).


2. General. The Terms and Conditions outlined herein shall apply to the sale, including any email or web-based sale, by Elite Image to you of the design services, marketing materials, and print products described on the Website and any costs or additional services related thereto (the “Services”). When a completed credit card authorization is submitted to Elite Image, this Agreement, including these Terms and Conditions, will constitute a binding contract between you and Elite Image. No agreement collateral hereto shall have any effect unless in writing and signed by an authorized signatory of Elite Image. You are licensed to use the Software, and the Services are provided to you, on the condition that you abide at all times by these Terms and Conditions.


3. End Use. It is your sole responsibility to determine the suitability of the Services described on the Website for your contemplated use, and to comply with all applicable laws and using and disseminating the materials that comprise the Services.


4. No Warranty. Elite Image expressly disclaims all warranties, express or implied, including all warranties of merchantability or fitness for a particular purpose, as well as any warranties alleged to have arisen from custom, usage, or a course of dealings between you and Elite Image. You waive any and all rights with respect to such warranties.


5. Proprietary Rights to Software. You acknowledge that the Software is proprietary to Elite Image. You also acknowledge and agree that between you and Elite Image, Elite Image shall own and shall continue to own all right, title, and interest in and to the Software, including all intellectual property rights under copyright, trade secret, patent, or trademark laws. This Agreement does not grant you any ownership interest in or to the Software, but only a limited right to use the Software that is revocable by Elite Image if you do not abide by these Terms and Conditions. You agree that you may not reverse engineer, decompile, disassemble, or otherwise translate the Software. You agree to maintain the confidentiality of the Software and you agree to take reasonable steps to ensure that your employees, independent contractors and other individuals who are authorized by you to use the Software maintain the confidentiality of the Software.


6. Terms of Payment. Payment for the Services and for use of the Software will be made by credit card. Harmonized Services Tax will be applied on all sales. By submitting your credit card information to Elite Image, you authorize Elite Image to charge applicable fees and taxes for the Services to your credit card.


7. Scope of Services. The Services include up to 2 revisions of design materials. Elite Image reserves the right to charge additional fees if you request more than 2 revisions.


8. Additional Costs. The Services do not include additional costs incurred for website programming, photography, photo shoots, applicable taxes, and shipping. If you request these additional costs and services, you agrees to pay the additional fees and costs associated with them.


9. Graphics and Consent. If you provide graphic materials, you consent to Elite Image’s use of your name and/or logo for the purpose of providing the Services.


10. Delivery. Services are generally delivered within 7 to 10 days of you providing graphic materials in print-ready format and a credit card authorization. Elite Image is not liable for any delay due to act of god, your acts, damage or delay in transportation, inability to obtain necessary labour or materials from usual sources, or other causes beyond the reasonable control of Elite Image. In the event of delay due to any such cause, the date or time for delivery will be
adjusted to reflect the actual length of time lost by reason of such delay.


11. Termination. This Agreement is effective upon submission of your credit card authorization to Elite Image, and shall continue in effect until terminated by either party. Elite Image shall have the right to disable your access to the website upon termination. This Agreement shall terminate automatically if you fail to comply with any of the Terms and Conditions.


12. Assignment. Neither party shall assign or transfer this contract without the prior written consent of the other party.


13. Limitations of Liability. Any claims made in respect of Services must be made within 7 days of delivery of the Services. The total liability of Elite Image with respect to the Services is limited to the amount paid by you for the Services. You acknowledges and agrees that Elite Image cannot be held liable for any loss of business or potential future loss of business.


14. Governing Law. The rights and obligations of the parties shall be governed by the laws of the Province of British Columbia.


15. Severability. If any provision of these Terms and Conditions is invalid, void or unenforceable in whole or in part for any reason, the remaining provisions shall remain in full force and effect.


16. Acknowledgement. By submitting your credit card authorization to Elite Image, you acknowledge having read and understood these Terms and Conditions.