1. Definitions
"End Product" means the Final Work that Deftsoft delivers to Buyer as a result of Buyer purchasing Deftsoft's Service offered in the Listing.
"End User" means the natural human person who actually uses Deftsoft's deliverable, Final Work paid for by Buyer.
"Non-Commercial Use" is use for solely personal purposes by a natural person (a real human being not a legal entity)—includes uses in artistic, educational, scholarly, and personal projects that will not be marketed, promoted, or sold.
"Commercial Use" is use in any reproduction or purpose that is marketed, promoted, or sold and incorporates a financial transaction. This includes any use by a business or company for private or commercial applications.
2. Parties to Agreement
This Limited License is between Deftsoft "Licensor" and Buyer "Licensee" for non-commercial use of the End Product
HostJane acts as an independent, arbitrating party to this licensing agreement.
3. Allowed Uses - Limited Commercial Use
Buyer can only use Deftsoft's Final Work for lawful purposes only—in other words, for stuff that doesn't break the law.
Buyer is granted a limited, non-exclusive, transferable, and sublicensable worldwide license, to use Deftsoft's End Product for the following Commercial or Non-Commercial purposes with up to 250,000 End Users:
- Digital products/services for Commercial or Non-Commercial Use; Quantity requirement - 1 title or 1 service; used, downloaded, or sold up to 250,000 times
- Physical products/services for Commercial or Non-Commercial Use; Quantity requirement - 1 title or 1 service; used, downloaded, or sold up to 250,000 times
- Digital or print publications for Commercial or Non-Commercial Use; Quantity requirement - 1 title or 1 service; used, downloaded, or sold up to 250,000 times
- Single (1) commercial or personal social media account for Commercial or Non-Commercial Use;
- Physical (printed, paid or unpaid) ads; Quantity requirement - 1 ad up to 250,000 lifetime views
- Digital (paid or unpaid) ads; Quantity requirement - 1 ad up to 250,000 lifetime views
- On-demand applications (including but not limited to "print-on-demand", "made to order", create-on-demand, download on demand" services); Quantity requirement - 1 title or 1 service; used, downloaded, or sold up to 250,000 times
- Internet streaming of motion picture and audiovisual content for Non-Commercial Use; Quantity requirement - 1 title or 1 service; used, downloaded, or sold up to 250,000 times
- Broadcast use of motion picture and audiovisual content (including but not limited to network, cable, satellite, pay-per-view, video on demand, audio visual works); Quantity requirement - up to 250,000 lifetime views
- Use in trademarks, trade-names, service marks, or design marks; Quantity requirement - up to 250,000 lifetime views
- Use in software for sale; Quantity requirement - 1 title or 1 service; used, downloaded, or sold up to 250,000 times
- Making public or sharing the End Product in any way that allows third-parties to download, extract, or redistribute the End Product; Quantity requirement - 1 title or 1 service; used, downloaded, or sold up to 250,000 times
4. Prohibited Uses
- Any use that breaks the law (including without limitation uses that unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, doxxing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable);
- If the End Product contains an image of a natural person, even if the End Product is model-released,
Buyer can’t use it in a way that creates a fake identity, implies personal endorsement of a product by the person, or in a way that is defamatory, obscene or demeaning, or in connection with sensitive subjects;
- Any use that falsely represents the End Product (or a modification or derivative thereof) as
Buyer's own copyright work;
- Use in content
Buyer does not have the necessary rights to use or reproduce, or in content Buyer knows is inaccurate;
5. Ownership & Copyright
5.1 Under this Limited License, Buyer is not granted any intellectual property rights, title, or interest in the delivered Final Work, which are retained by Deftsoft.
5.2 Deftsoft's End Product is protected by United States and international copyright and other laws and treaties. Review what is and what is not protected by copyright.
Review what is and what is not protected by copyright.
5.3 Buyer commercial or non-commercial use of Deftsoft's End Product must comply and align with the permitted Commercial or Non-Commercial Uses in Sections 3 and 4 of this agreement.
5.4 If Deftsoft's End Product contains a component sourced by Deftsoft from elsewhere and different license terms apply to the component (such as third-party license, GNU General Public Licence (GPL) or another open source license or Creative Commons (CC) license), the component must be identified by Deftsoft in the Listing, prior to purchase by Buyer.
Split Licensing
The other license will apply to that component instead of this license. This license will apply to the rest of the End Product.
6. Crediting Deftsoft
Unless otherwise agreed with Deftsoft, all use requires a legible credit in the form: "[End Product] © [Deftsoft]” in close proximity to where the End Product is used.
Fair Use and Use in Buyer Work
Any use of Deftsoft's original End Product, in a separate Buyer Work or for Fair Use purposes, must be disclaimed in any copyright registration.
7. Termination by Deftsoft
7.1 Deftsoft or HostJane may terminate this License Agreement at any time if Licensee breaches any of the terms of this or any other agreement.
7.2 In the event of termination, Licensee must immediately at her or his own expense:
Cease using the End Product;
Delete or destroy any copies (including but not limited to any social media account, platform, or website)
If requested, confirm to Deftsoft or HostJane in writing that Licensee has complied with these requirements.
8. Content Withdrawal by Deftsoft
8.1 Deftsoft may discontinue licensing the End Product at any time in her or his sole discretion.
8.2 Upon notice from Deftsoft, or upon Licensee’s knowledge that End Product may be subject to a claim of infringement of a third party’s right, Licensee must immediately at her or his own expense:
Cease using the End Product;
Delete or destroy any copies (including but not limited to any social media account, platform, or website)
If requested, confirm to Deftsoft or HostJane in writing that Licensee has complied with these requirements.
9. Audit by Deftsoft
9.1 Upon reasonable notice, Licensee agrees to provide to Deftsoft or HostJane sample copies of projects or end uses that contain End Product by providing Deftsoft or HostJane with free of charge access to any pay-walled or otherwise restricted access website or platform where the End Product is reproduced.
9.2 In addition, upon reasonable notice, HostJane, Inc. may, at its discretion, either through its own employees or through a third party, audit Licensee’s records directly related to this License Agreement and Licensee’s use of the End Product in order to verify compliance with the payment and other terms of this License Agreement.
9.3 If any audit reveals an underpayment by Licensee to Deftsoft and HostJane, Inc. for use of End Product outside of the scope of this Non-Commercial License, the Licensee shall pay HostJane, Inc. the amount of the underpayment and any other remedies to which HostJane, Inc, is entitled, and to reimburse HostJane, Inc. for the costs of conducting the audit.
10. Choice of Law and Forum
10.1 All matters relating to End Product and the License Agreement and any dispute or claim arising therefrom or related thereto (in each case, including, without limitation, non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wyoming without giving effect to any choice or conflict of law provision or rule (whether of the State of Wyoming or any other jurisdiction).
10.2 Any legal suit, action or proceeding arising out of, or related to, the End Product or this License Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wyoming although Deftsoft and HostJane retains the right to bring any suit, action or proceeding against Licensee for breach of this License Agreement in Licensee’s country of residence or any other relevant country.
10.3 Licensee waives any and all objections to the exercise of jurisdiction over Licensee by such courts and to venue in such courts to the maximum extent permitted by law.
11. Arbitration and Time Limits
11.1 At HostJane's sole discretion, except to the extent prohibited by law, HostJane may require either party to submit any disputes arising from the use of the End Product and this license agreement, including, without limitation disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the rules of arbitration of the American Arbitration Association applying Wyoming law.
11.2 To the maximum extent permitted by law, any cause of action or claim Deftsoft or Buyer may have arising out of or relating to the End Product or this license agreement must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
12. Waiver and Severability
12.1 No waiver of by HostJane of any term or condition set forth in this License Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Deftsoft or HostJane to assert a right or provision under this License Agreement shall not constitute a waiver of such right or provision.
12.2 If any provision of this License Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the License Agreement, including the Terms of Use, will continue in full force and effect.
13. Disclaimer of Warranties
LICENSEE’S USE OF THE END PRODUCT IS AT LICENSEE’S OWN RISK. THE END PRODUCT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HOSTJANE AND Deftsoft HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Limitation on Liability
IN NO EVENT WILL HOSTJANE, ITS AFFILIATES OR THEIR LICENSORS (INCLUDING, WITHOUT LIMITATION, THE SHOP OWNERS), SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, Deftsoft or Buyer'S USE, OR INABILITY TO USE, THE END PRODUCT, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL THE LIABILITY OF HOSTJANE, ITS AFFILIATES OR THEIR LICENSORS (INCLUDING, WITHOUT LIMITATION, THE SHOP OWNERS), SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, Deftsoft or Buyer'S USE USE, OR INABILITY TO USE, THE END PRODUCT, EXCEED THE FEES THAT LICENSEE PAID FOR THE END PRODUCT. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Indemnification
Licensee agrees to defend, indemnify and hold harmless HostJane, its affiliates, licensors (including, without limitation, Deftsoft) and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including but not limited to reasonable attorneys’ fees) arising out of or relating to Licensee’s (or anyone acting on Licensee’s behalf, including, without limitation, service providers) (i) violation of this License Agreement, (ii) use of the End Product in violation of law, rules or regulations, or (iii) use of the End Product violation of third party rights where such violation is due to the modification of the End Product.
16. Entire Agreement
16.1 This License Agreement (together with the HostJane General Terms of Service) constitutes the sole and entire agreement between Buyer "Licensee" and Deftsoft "Licensor" with respect to the End Product and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the End Product.
16.2 This License Agreement supersedes any conflicting terms set forth in the Terms of Service with respect to the End Product.
17. Intepretation
Unless the context requires otherwise, in any part of this License Agreement: (i) "including" (and any of its derivative forms, e.g. "includes"), "e.g." and "for example" means "including but not limited to"; and (ii) use of the singular imports the plural and vice versa. This License Agreement shall not be interpreted against HostJane.
18. Modification
18.1 HostJane may modify this License Agreement by posting an updated version on the HostJane website, at any time, without notice.
18.2 The then current version of the License Agreement posted at the time of purchase shall apply to contemporaneous purchases (even if the End Product is used after the License Agreement is updated).
18.3 Updated versions of the License Agreement shall not apply retroactively to prior purchases unless either (1) Licensee is notified of its option to apply the updated terms to prior purchases and expressly agrees in writing or (2) such modification (i) does not adversely affect any rights of Licensee and (ii) HostJane notifies Licensee of the changes and that they will apply retroactively (e.g., via email to the address on file).
19. Notices
Notices required to be sent—
Between Buyer and Deftsoft
Should be sent via Users' accounts on HostJane.com.
Between Licensee or Licensor and HostJane
Notices to HostJane should be sent via HostJane's Contact Portal.
HostJane shall send notices by email to the address provided by Licensee and Licensor during account creation or purchase.
