IMPORTANT NOTICE: By downloading, installing, or using ANY of Silverhawk's Creations graphics, whether from the CD, diskette, or from Silverhawk's Creations' website, or from any other website, including any associated files or documentation, you are agreeing to be bound by the terms of this Agreement. USING THE GRAPHICS IN ANY WAY AFFIRMS YOUR ACCEPTANCE OF THIS AGREEMENT AND ITS TERMS. If you do not agree to ALL the terms of this Agreement, you must not order, download or use the Software, and you must promptly delete it from your computer or server's directory.
GRANT OF LICENSE: Silverhawk's Creations grants you a non-exclusive, non-transferable, and limited license to use the artwork contained in this software for an indefinite period of time, upon full payment and in accordance with the terms herein. The images contained on this CD may only be used by those individuals who have made payment of $50.00, ($80.00 commercial), plus shipping and handling fees, to Silverhawk's Creations.
PROPER CREDIT TO SILVERHAWK'S CREATIONS MUST ACCOMPANY ANY AND ALL USES OF THESE GRAPHICS, AS DESCRIBED BELOW.
Silverhawk's Creations graphics may be used only in their original, unmodified state, as enhancements to internet web pages. The graphics may not be displayed or offered on any website for the purpose of redistribution.
IN ALL CASES where any of the artwork is used ON OR IN ANY INTERNET or INTRANET WEB SITE, AN ACTIVE HYPERLINKED CREDIT MUST APPEAR ON EACH PAGE. The current location of Silverhawk's Graphics at the time of this writing is "http://www.samsilverhawk.com"
COPYRIGHTS, TITLE AND OWNERSHIP: All images and designs are created and owned by Silverhawk's Creations, and as such, are protected by United States copyright laws and international treaty provisions. This Agreement does not consititute or imply a sale of the original artwork, or any copy, nor does it grant others any intellectual property rights in the artwork. Title, ownership rights, intellectual property rights and copyrights to the original artwork, including online displays and any printed documentation, and any copies of any Silverhawk's Creations artwork, whether or not modified by anyone, remain solely with Sam Silverhawk of Silverhawk's Creations.
You may not alter Silverhawk's graphics in any way. Alterations include, but are not limited to, re-sizing, cropping, compressing, cutting, filtering, coding incorrect sizes in html, re-coloring or tinting, or using any part or pieces to make another graphic. You may not charge, or request donations for, any copy(s) of Silverhawk's Creations artwork or any derivative forms of these graphics. You may not distribute the graphics with any other product(s), commercially or otherwise, including but not limited to software, hardware, books, compilation CDs or the like, without the expressed written consent of Silverhawk's Creations.
DISTRIBUTION: You may not distribute Silverhawk's Creations graphics to anyone by any means, including but not limited to hard copy or electronic means, BBS, online services, or sending via E-mail.
You may not reprint or resyndicate the images, in whole or in part, as a clip-art or design book, CD, collection, or as stock engravings, mats, stock printing, patterns, prints, negatives, positives, or the like.
The graphics may not be included in or used to create ANY printed materials or other items such as cards, stationery, banners, logos, signs, posters, T-shirts, cups, newspapers, newsletters, magazines, term papers, published documents, etc., without the expressed written permission of Silverhawk's Creations.
TERMINATION: Unauthorized copying of the graphics, or failure to comply with any of the terms, restrictions, conditions, or limitations herein, will result in automatic termination of this license, and will make available to Sam Silverhawk and/or Silverhawk's Creations all other legal remedies.
INDEMNIFICATION: You agree to indemnify, defend, and hold Sam Silverhawk, Silverhawk's Creations, its parent, subsidiaries, and affiliated companies, and its suppliers, harmless from any and all liabilities, costs, expenses, including reasonable attorneys fees related to any violation of this Copyright, Disclaimer, and Usage Agreement by you.
THE GRAPHICS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WHATSOEVER SHALL SILVERHAWK'S CREATIONS, ITS SUPPLIERS, OR RESELLERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER PECUNIARY LOSS), ARISING OUT OF THE USE OR INABILITY TO USE THIS SILVERHAWK'S CREATIONS PRODUCT, EVEN IF THE COMPANY OR ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Mention of third-party products is for informational purposes only and constitutes neither an endorsement or a recommendation. Silverhawk's Creations assumes no responsibility with respect to the performance or use of these products.
If the copy of the Software you received was accompanied by a printed or other form of "hard-copy" License Agreement, whose terms vary from this Agreement, then the hard-copy License Agreement governs your use of the Software.
General Provisions. This Agreement will be governed by the laws of the State of Nevada. The Legal Venue for any issues that arise will be Douglas County, Nevada, U.S.A, and any dispute shall be adjudicated solely by the competent federal or state court situated in Carson City, Nevada.
Entire Agreement. This Agreement is the entire Agreement between us and supercedes any verbal or other communications or advertising with respect to the Software and/or documentation. This License may only be amended in writing, and only by Sam Silverhawk of Silverhawk's Creations, or an authorized agent thereof.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If you have any questions, you may contact in writing:
P.O. Box 15
(c)1998-2000 Sam Silverhawk, of Silverhawk's Creations