Please read this license agreement: You may decline this license agreement and receive a full refund prior to 1) opening the shipping envelope or package, 2) activating an online account, 3) initiating a download, or 4) using or attempting to use any Creative Director set content.
Opening the shipping envelope or package, activating an online account, initiating a download, or using or attempting to use any AdCracker / Creative Director set content. means you have accepted this licensing agreement and agree as follows:
This is the entire and only licensing agreement between licensor Steven L McNamara ("McNamara") - his affiliates, successors, heirs and assigns - and You, the licensee. As used in this agreement, "You" refers to the purchaser of record as well as all companies, legal entities and individuals involved in the purchase or use of McNamara / Creative Director set content. The software files, copy and text on this product ("Product") are the copyrighted and registered property of Steven L. McNamara. All rights reserved. © 2019 Steven Lorin McNamara. All example ads, trademarks, brands, and images are the property of their respective owners.
You have purchased a limited use user license. You have the non-exclusive right to use McNamara / Creative Director set files and content with certain restrictions. You do not own any files or any McNamara / Creative Director set content, including any text, html, flv. Swf. Flash, jpeg or other files. You have purchased a right to use the information contained on the Product.
The Creative Director set contains exclusive, proprietary content. Refunds are at the sole discretion of McNamara / Creative Director set, and you may not receive a refund after you have obtained access to Creative Director set content, either online or on any other media.
Here's what you can do: You may view the McNamara / Creative Director set files from the media of distribution - Internet, CD-ROM, Flash drive or other media - on one computer at a time. You may print pages for your sole and exclusive personal or business or educational use. For educational and training purposes, you may present, in person, Creative Director set content to one or more individuals in a non-tangible, non-printable manner, for example, on a laptop screen, or via a projector onto a screen - never on printed or printable pages, except included PDF documents identified specifically as handouts.
Here's what you can not do: PLEASE DO NOT POST Creative Director set CONTENT ON THE INTERNET or an INTRANET. You may not sell, charge admission to view, publish or distribute free of charge, any pages, files, forms, text, images or other McNamara / Creative Director set content. You may not transfer any files or content from one computer to another over a network, or via the Internet. You may not make any files or content available for others to view or use over a network or the Internet. You may not modify, remove, edit or translate the text or software or other content. You may not display or publish or offer links to any McNamara / Creative Director set content in any medium.
You are responsible for compliance with this licensing agreement and the protection of McNamara's copyrights. You consent to the use of monitoring software, bots or agents to verify compliance with this licensing agreement. You agree to on-site verification of this agreement by an appointed representative of Creative Director set or McNamara. You acknowledge that by defaulting on this license agreement McNamara is substantially harmed, and that actual damages are difficult to calculate. Therefore, you agree to pay stipulated default damages for breach of this licensing agreement of USD $2,500. Furthermore, you understand and agree that any infringement of McNamara's copyrights by you is willful copyright infringement, and you agree to pay the maximum statutory damages for willful copyright infringement under 17 USC Section 504(c), including all costs and attorney fees. You also agree to satisfy all other legal remedies available to McNamara. Jurisdiction, venue and forum for any dispute or enforcement of this license shall be governed by the laws of the United States of America and the State of Oregon or California or McNamara's residence, at McNamara's election or as a matter of legal compliance.
Disclaimer of Warranty and Limitation of Liability YOU ACKNOWLEDGE THAT YOU ARE USING THE MCNAMARA / Creative Director set CONTENT AT YOUR OWN RISK. THE PRODUCT IS PROVIDED "AS IS" AND MCNAMARA AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF THE PRODUCT. MCNAMARA / Creative Director set AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR USE OF THE PRODUCT, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE PRODUCT, YOUR USE OF OR RELIANCE ON THE PRODUCT OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE FROM THE PRODUCT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. 06.27.18 © McNamara / AdCracker