LICENSE AGREEMENT
THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE PURCHASER, AND YANKEE STENCIL COMPANY, WHEN YOU PURCHASE A STENCIL FROM THIS WEBSITE AT
WWW.YANKEESTENCIL.COM OR ANY OTHER VENUE OFFERING OUR STENCILS FOR SALE; YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT PURCHASE OUR STENCILS. This agreement supersedes all prior agreements, proposals, and representations between you and Yankee Stencil Company.
1. GRANT OF LICENSE. Yankee Stencil Company grants you the right to use your stencils purchased from us for hobby or commercial purpose. You may use our stencils to in the production of signs and products for resale. Our stencils may not be used in mass reproduction and a seperate EULA must be purchased if you plan to have product manufactured overseas using our designs.
2. OWNERSHIP AND COPYRIGHT. The STENCIL design is owned or licensed by Yankee Stencil Company and is licensed to you. It is not sold. The STENCIL is also protected by United States copyright laws. You must treat the STENCIL like any other copyright protected material (e.g., a book, fonts or musical recordings). You may not copy or reproduce the STENCIL in any manner whatsoever. You may not rent, lease or lend the STENCIL.
3. LIMITED WARRANTY. Yankee Stencil Company warrants that the STENCIL is free of defects in material and workmanship. If you return any of the stencils covered by this warranty to the place you obtained it within 30 days of shipment, Yankee Stencil Company, or its dealer will replace the STENCIL 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 implied warranties are limited to 30 days. Some states & provinces' do not allow limitations on duration of an applied warranty, so the above limitation may not apply to you.
4. NO LIABILTIY FOR CONSEQUEMTIAL DAMAGES. In no event shall Yankee Stencil Company, 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 Yankee Stencil Company has been advised of the possibility of such damages. Because some states and provinces do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
5. NO OTHER WARRANTIES OR REMEDIES. Yankee Stencil Company disclaims all other warranties and remedies, either expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose with respect to the STENCIL and the accompanying written materials. This limited warranty gives you specific legal rights. You may have others, which vary depending on the country which you reside.
6. DISPUTES. This agreement is governed by the laws of the State New Jersey, U.S.A and the Province of Ontario, Canada and is enforceable by Yankee Stencil Company and/or their distributors and dealers. Disputes will be resolved by arbitration under American Arbitration Association Rules of Arbitration with one arbitrator and conducted at Yankee Stencil Company's discrection in the state of New Jersey. The prevailing party in any action brought in connection with an alleged infringement of Yankee Stencil Company proprietary rights will be entitled to recover its costs and expenses, including attorneys fees.