PixelBrite.com®

BY DOWNLOADING AND/OR USING SOFTWARE FROM PIXELBRITE.COM, FLEXCSS.COM OR ANY PIXEL BRITE CREATIONS INC. WEBSITE, THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ("LICENSEE") IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE LICENSEE MUST NOT INSTALL OR USE ANY OF THE SOFTWARE DEVELOPED BY PIXEL BRITE CREATIONS, INC.

FlexCSS™ License and Terms of Use

LICENSE AGREEMENT. In this Agreement "Licensor" shall mean Pixel Brite Creations, Inc. except under the following circumstances: (i) if Licensee acquired the Product as a bundled component of a third party product or service, then such third party shall be Licensor; and (ii) if any third party software is included as part of the default installation and no License is presented for acceptance the first time that third party software is invoked, then the use of that third party software shall be governed by this Agreement, but the term "Licensor," with respect to such third party software, shall mean the manufacturer of that software and not Pixel Brite Creations, Inc. With the exception of the situation described in (ii) above, the use of any included third party software product shall be governed by the third party's License agreement and not by this Agreement; whether that License agreement is presented for acceptance the first time that the third party software is invoked, is included in a file in electronic form, or is included in the package in printed form. If more than one License agreement was provided for the Product, and the terms vary, the order of precedence of those License agreements is as follows: a signed agreement, a License agreement available for review on the PixelBrite.com website, a printed or electronic agreement that states clearly that it supersedes other agreements, a printed agreement provided with the Product, and an electronic agreement provided with the Product. This license agreement refers to “Licensee” as the individual or business that has purchased a FlexCSS™ product from PixelBrite.com. FREE PERSONAL-LICENSE users obtaining the FlexCSS™ software free of charge have additional special limitations outlined in paragraph one (1) of this license and are limited to using the software on one (1) personally created and owned website. Pixel Brite Creations, Inc. hereby grants Licensee a revocable, non-transferable and non-exclusive license to use FlexCSS™ purchased through our website PixelBrite.com or flexcss.com, (the “products”) in accordance with these Terms and Conditions (the “license”) issued by Pixel Brite Creations, Inc. Pixel Brite Creations, Inc. includes this license with the product download; however, the License is presented online at PixelBrite.com. The online license at PixelBrite.com will supersede this license. Downloading and using FlexCSS™ assumes agreement to the terms and provisions of the license located at: http://www.pixelbrite.com/flexcss-license Licensor warrants that it has the right to grant the foregoing license free and clear of third party intellectual property claims. NOTE: The term Software, Source code, Product, and FlexCSS™ are used interchangeably in the terms below:

 

1. Limited Usage Granted: Licensor grants Licensee a non-exclusive, revocable, and non-transferable License to use for personal or internal business purposes the FlexCSS™ software product and source code version of the Product in the case of HTML/CSS/JavaScript or otherwise executable, and associated images, provided any copy must contain all of the original proprietary, trademark, and copyright notices. This software may not be included or incorporated into templates or other products which would distribute FlexCSS™ as a bundled product, publication, distribution method, printed, or document, nor does it give the right to copy this product into another collective body of work. Additional licenses must be purchased for use on more than five websites. This license is exclusive to websites and not domains.FREE PERSONAL-LICENSE: Licensor grants non-exclusive, revocable, and a non-transferable single FREE PERSONAL-LICENSE to individuals or corporate entities to use the FlexCSS™ plus Styles Bundle 1.0 software free of charge on up to one (1) personally created and owned website. Permission to use the software is only granted for individuals obtaining the software from their personally created and valid PixelBrite.com account. The FREE PERSONAL-LICENSE does not grant the right for developers, website designers, or any individual to incorporate the FlexCSS™ software into client websites, templates, or other products. Individuals, website designers, businesses, and other entities incorporating the FlexCSS™ software into more than one personally created and owned website are required to purchase the FlexCSS™ software and appropriate licenses. The FREE PERSONAL-LICENSE is limited to one per person or business. 2. Licensee is granted permission to use the FlexCSS™ software (version 1.0) on up to five concurrently running, personally created, personally published websites. This license is non-transferable.(EXCLUDES FREE PERSONAL-LICENSE) 3. This License does not entitle Licensee to receive from Pixel Brite Creations, Inc. hard-copy documentation, support ticket assistance, technical support, telephone assistance, enhancements or updates to the Product, unless a specific Product has been purchased by the Licensee that clearly states otherwise. 4. Licensee may not display or reproduce the software, logos, packaging, source code, included images, documentation, PDF's, or any portion of the software and documentation located in the product bundle, download, or websites of pixelbrite.com and flexcss.com in an effort to document or profit from the product features, contents, or any portion of the software. Licensee may not transfer, print, reproduce, publish, sell, create derivative works from, distribute, share, or in any way exploit any of the Content of FlexCSS™, PixelBrite.com or flexcss.com, except in a method conforming to "Modification (Item 4)" of this License. Licensee may not distribute the software package in any form, except for its intended purpose. Licensee acknowledges that the FlexCSS™ product, flexcss.com and pixelbrite.com, contain or may contain material (collectively the “Content”) which is protected by trademark, copyright or other proprietary rights. Licensee is only permitted to use the material as expressly authorized by Pixel Brite Creations, Inc. 5. Modifications: Except as otherwise expressly permitted in this Agreement, Licensee may not: (i) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product (except to the extent applicable laws specifically prohibit such restriction); (ii) redistribute, encumber, sell, rent, lease, sublicense, publish, or otherwise transfer rights to the Product; (iii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product; or (iv) publish any results of benchmark tests run on the Product to a third party without Licensor's prior written consent. Licensee may disassemble, customize, and recompile the software for personal use only, with all copyright, trademark, and other proprietary notices remaining intact, including headers of all CSS files and Copyrights associated with images. Derivative works may not be profited from, sold, or distributed, without authorization and license from Pixel Brite Creations, Inc. 6. Appropriate License fees are applicable if the product is being used directly or indirectly in any commercial application or web site. Multiple copies of the product will each require separate Licenses. If Licensee wishes to receive the Product on media, there will be a charge for the media as well as shipping and handling. Licensee is responsible for any and all taxes. 7. Without prejudice to any other rights, Licensor may terminate this Agreement if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall destroy all copies of FlexCSS™ and discontinue use on any websites. 8. Title, ownership rights, and intellectual property rights in the Product shall remain with Pixel Brite Creations, Inc. and/or its suppliers. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with PixelBrite.com or its suppliers' ownership of or rights with respect to the Product. The Product is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Product is the property of the applicable content owner and is protected by applicable law. The License granted under this Agreement gives Licensee no rights to such content. 9. Unauthorized use: Licensee may not place FlexCSS™, modified or unmodified, on a diskette, CD, storage-device, website, pdf, or any other medium and offer them for redistribution or resale of any kind without prior written consent from Pixel Brite Creations, Inc. 10. Delivery: After a payment has been processed, the FlexCSS™ download will be available at PixelBrite.com, with emailed instructions on where to retrieve the software sent to the email address provided by Licensee. This may take up to 48 hours but typically is processed within minutes of placing the purchase. 11. Licensee may not sub-license, sell, assign, share, or transfer this license or Licensee login credentials for PixelBrite.com. Doing so is a violation of this License as well as the Terms of Use for PixelBrite.com which may result in termination of Licensee account, FlexCSS™ license, and incur other legal ramifications. 12. Licensee may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are the property of Pixel Brite Creations, Inc. FlexCSS™ is provided “as is” without warranty of any kind, either expressed or implied. In no event shall FlexCSS™ be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products. 13. Refund policy: Non-tangible goods such as FlexCSS™ and software downloads, in accordance with the Terms of Service at Pixel Brite Creations, Inc. (PIXELBRITE.COM) and stated here, do not have refunds issued for any reason. Software and downloadable products are sold "as-is" without warranty. 14. DISCLAIMER OF WARRANTY. THE PRODUCT IS SOLD ON AN"AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THIS PRODUCT IS NOT GUARANTEED OR DOES NOT CLAIM TO FUNCTION ON ANY SPECIFIC WEB BROWSER. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS BORNE BY LICENSEE. PIXEL BRITE CREATIONS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY OF COMPUTER PROGRAMS, AND FITNESS FOR A PARTICULAR PURPOSE. SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT LICENSOR OR ITS SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY THE PRODUCT HAVE INHERENT LIMITATIONS, AND LICENSEE MUST DETERMINE THAT THE PRODUCT SUFFICIENTLY MEETS ITS REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 15. LIMITATION OF LIABILITY. LICENSEE AGREE S TO INDEMNIFY AND HOLD PIXEL BRITE CREATIONS, INC. HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF LICENSEE USE OF FLEXCSS™, PIXELBRITE.COM OR FLEXCSS.COM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY PIXEL BRITE CREATIONS, INC. UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. PIXEL BRITE CREATIONS, INC. IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. 16. HIGH RISK ACTIVITIES. The Product is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Product could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, Licensor and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. Licensee agrees that Licensor and its suppliers will not be liable for any claims or damages arising from the use of the Product in such applications. 17. Pixel Brite Creations reserves the right to change this License and Terms and Conditions at PixelBrite.com without notice. Pixel Brite Creations, Inc. reserves the right to modify or discontinue any account held at its websites, including PixelBrite.com and FlexCSS.com. Pixel Brite Creations, Inc. shall not be liable to Licensee or any third party should Pixel Brite Creations, Inc. exercise its right to modify, suspend, terminate, limit or discontinue any feature, service, or account. 18. Copyrights / Trademarks The trademarks, logos and service marks ("Marks") displayed on the PixelBrite.com website and contained in the FlexCSS Software are the property of Pixel Brite Creations, Inc., its subsidiaries and affiliates. You are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web without the written permission of its owner. All information and content including any software programs available on or through the PixelBrite.com website or the Service ("Content"), or the Software is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or in any way exploiting the Marks, in whole or in part. You may access and use the Marks available on or through the Service solely as contemplated under this Supplement. Any other commercial or public use of the Marks is strictly prohibited. 19. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. (b) This Agreement may be amended only by Pixel Brite Creations, Inc. (c) If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. (d) The controlling language of this Agreement is English. If Licensee has received a translation into another language, it has been provided for Licensee's convenience only. (e) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (f) Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein except in the case of a merger or the sale of all or substantially all of Licensee's assets to another entity. (g) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (h) If any Pixel Brite Creations, Inc. professional services are being provided, then such professional services are provided pursuant to the terms of a separate Professional Services Agreement between Pixel Brite Creations, Inc. and Licensee. The parties acknowledge that such services are acquired independently of the Product licensed hereunder, and that provision of such services is not essential to the functionality of such Product. (i) Licensor may use Licensee's name in any customer reference list or in any press release issued by Licensor regarding the licensing of the Product and/or provide Licensee's name and the names of the Product licensed by Licensee to third party affiliates. 20. The use of FlexCSS™ and Pixel Brite Creations, Inc. websites shall be governed by and construed in accordance with the internal laws of the State of Florida. Licensee agrees to submit to the non-exclusive jurisdiction of any United States Federal or Florida State Court sitting in Pasco County, Florida in any action or proceeding arising out of or relating to the use of pixelbrite.com, flexcss.com, or FlexCSS™ products. 21. If any provision of the Licensee are held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.