Vanity Barcodes End User License Agreement
Vanity Barcodes™ End User License AgreementBy purchasing a Vanity Barcode, you agree to the terms of Vanity Barcode's End User License Agreement. This is a contract between you and Vanity Barcodes. Please note that this is a license to use Vanity Barcode's customized barcode designs as prepared for the specific code you provide for customization, NOT an agreement of unlimited ownership. This license is non-transferable. If you do not agree to the terms, you are not permitted to use Vanity Barcodes barcode designs. Please read the terms carefully:
LimitationsUpon payment of the non-refundable design customization fee, Vanity Barcodes grants you a non-exclusive, non-transferable, limited right to use Vanity Barcodes customized barcode designs for personal or commercial use.
Altering DesignsVanity Barcodes prepared for your unique UPC or similar barcode number are customized especially for you. Your rights to use are limited ONLY TO THE BARCODE NUMBERS YOU PROVIDE to Vanity Barcodes for customization. You do not retain rights to change, modify, resize or adjust the barcode in any way. If the purchased Vanity Barcode is altered by you in any way, there is no assurance that the code will scan properly.
Intellectual Property RightsYou acknowledge and agree that Vanity Barcodes, and the trademarks associated with Vanity Barcodes, are the intellectual property owned by Miller Creative LLC. Vanity Barcodes artwork and barcode designs are protected by copyright including without limitation, by United States Copyright Law, international treaty provisions, and applicable laws in the jurisdiction of use.
License TransferYou may not rent, lease, sublicense, distribute, lend nor transfer Vanity Barcodes vector artwork without Vanity Barcodes' prior written consent.
Non-permitted UseYou are granted only the rights expressly stated in this Agreement, and you may not use Vanity Barcodes vector artwork for any other use. Without limitation, below are examples of uses that are NOT permitted under this Agreement and require purchase of a separate license from Vanity Barcodes: (1) You may not change the number represented in the Vanity Barcodes vector artwork provided to you; (2) You may not resell or redistribute Vanity Barcodes vector artwork in any form. (3) Vanity Barcodes vector artwork may not be used as a primary design element on apparel, mugs and similar stand-alone merchandise for resale. (3) You may not use design elements provided as part of your Vanity Barcode vector artwork separately from the barcode number and associated scannable 1D code bars as provided to you in a vector file with your purchase.
TerminationThe license rights granted under this Agreement will immediately and automatically terminate without notice if you fail to comply with any term or condition of this Agreement. Upon termination, you must destroy all copies of Vanity Barcodes vector artwork. The balance of the Agreement shall survive any such termination of license rights.
WarrantyVanity Barcodes vector barcodes are designed to comply with the current barcode scanning technology. Codes are developed and tested to minimize potential for scan errors. Due to the various materials and surfaces that Vanity Barcodes can be printed on, and various environments in which the designs may be subject which are beyond our control, we cannot be held liable for scanning errors in final printed packaging, brochures or other printed material. Barcodes are provided in 100% Black with scan-blind accent colors. We cannot assure any other color will scan and cannot be held liable for scan errors due to color change or print errors. Warranty assures Vanity Barcodes vector artwork will scan from a high quality laser print on white paper, with no changes made in size or color. We recommend having final design or packaging incorporating your Vanity Barcode vector artwork to be test-scanned by your print vendor or qualified 3rd party. Altering a Vanity Barcode in any way voids the warranty. Alterations include changes to: size, line thickness, color, graphical layout, distortion, scaling, scannable and non-scannable areas of the design.
Disclaimer; No RefundsEXCEPT AS EXPRESSLY PROVIDED IN THE FOREGOING PARAGRAPH, VANITY BARCODES VECTOR ARTWORK IS PROVIDED “AS IS.” VANITY BARCODES DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING VANITY BARCODES ARTWORK. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY WHICH MAY NOT BE LIMITED OR EXCLUDED BY LAW APPLICABLE IN YOUR JURISDICTION, VANITY BARCODES MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO OTHER MATTERS, INCLUDING WITHOUT LIMITATION, NON INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Your license for Vanity Barcodes vector artwork is nonreturnable and nonrefundable.
Damages; LimitationsTO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL VANITY BARCODES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE VANITY BARCODES VECTOR ARTWORK, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF VANITY BARCODES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Vanity Barcode's cumulative liability for any loss or damage to you (other than as may be required by applicable law in cases involving personal injury) exceed the amount of three hundred and seventy five dollars (US$375.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
Governing LawThis Agreement is governed by the laws of New Jersey, U.S.A., excluding conflict of laws provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. You expressly agree that any disputes related to this Agreement will be resolved in the Superior Court of Ocean County, New Jersey, USA, or the United States District Court for the District of New Jersey, U.S.A., and you consent to personal jurisdiction and venue of those courts. If any part of this Agreement is found void and unenforceable the balance of the Agreement will remain valid and enforceable according to its terms.
This Agreement represents the entire agreement between you and Vanity Barcodes in connection with its subject matter. This Agreement supersedes any other "Vanity Barcodes End User License Agreement" which may be included with Vanity Barcodes vector artwork or previously displayed on this web site, and/or any prior agreements between you and Vanity Barcodes in connection with its subject matter. This Agreement may only be modified by Vanity Barcodes in a writing that expressly states that such writing is intended to modify this Agreement.