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This End User License Agreement (“Agreement”) governs your use of icons you purchase from Fred LeBlanc (individually or collectively, the “Icons”). By making a purchase, you agree to be bound by the terms and conditions of this Agreement.

1. Standard License Terms

(a) Fred LeBlanc (“LeBlanc”) owns all rights, including the worldwide copyright, in the Icons. In consideration for your purchase, LeBlanc grants to you a non-exclusive, non-transferable, royalty-free license to use the Icons for the Permitted Uses defined below. All rights not granted to you are retained by LeBlanc.

(b) You may install and use the Icons on no more than five computers under your ownership or control at any given time.

2. Permitted Uses

Subject to the restrictions of Prohibited Uses below, you may use the Icons for the following purposes (“Permitted Uses”), provided that such uses do not violate the rights of any third party:

(a) as a design element in printed or electronic magazines, newspapers, book covers, and interiors of books;

(b) as a design element on a website, provided that no Icon is displayed at a resolution greater than 512x512 pixels at greater than 72dpi;

(c) in mobile applications, video games, or other software products for distribution or use by others, provided such use does not allow the re-distribution or re-use of the Icons;

(d) on items for personal use or resale, including consumer merchandise (T-shirts, posters, etc.), provided such use does not allow the re-distribution or re-use of the Icons;

(e) as part of marketing, advertising, or promotional materials, including presentations, print ads, mailers, handouts, and packaging;

(f) as decor in an office, lobby, or public area, restaurant, or retail store; and

(g) as design elements in video, film, or television broadcasts.

3. Prohibited Uses

You may not make any use of the Icons that is not expressly permitted above. In addition, the following uses are expressly prohibited (“Prohibited Uses”):

(a) distributing any Icons electronically or in hard copy, except as specifically authorized under paragraph 2 above;

(b) reselling (either as a set or individually), sublicensing, distributing, or otherwise making available any Icons for use or distribution separately or detached from a product or website;

(c) sharing any Icons across a network, on the Internet, on physical media, or in any other way;

(d) using any Icons as all or part of any logo or trademark;

(e) using any Icons in connection with any pornographic, defamatory or illegal materials;

(f) using any Icons in any product for electronic resale purposes such as website templates or ebooks, where the Icon is an essential part of the product offering; or

(g) using any Icons in any open-source software application which may allow Icons to be extracted by end users.

4. Term

(a) This Agreement is effective until it is terminated. You may terminate this Agreement by deleting the Icons, along with any copies or archives thereof, and stopping use of the Icons for any purpose. The Agreement also terminates without notice from LeBlanc if at any time you fail to comply with any of its terms. Upon termination, you must immediately (i) stop using the Icons for any purpose, and (ii) delete the Icons and all copies and archives thereof.

(b) Upon notice from LeBlanc, or upon your knowledge that any Icon is subject to a threatened, potential or actual claim of infringement of another's right for which LeBlanc may be liable, you must immediately and at your own expense (i) stop using that Icon; (ii) delete that Icon from your computer and storage systems; and (iii) ensure that all parties for whom you have prepared works which include the Icons, including but not limited to clients, printers or ISPs, do likewise. LeBlanc shall provide you with replacement Icons (which shall be determined by LeBlanc in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.

5. No Warranties

THE ICONS ARE IS PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. LEBLANC DOES NOT REPRESENT OR WARRANT THAT THE ICONS WILL MEET YOUR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND SUITABILITY OF THE ICONS IS WITH YOU. Certain jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

6. Indemnification

You agree to indemnify, defend and hold LeBlanc harmless from and against any and all claims, liability, losses, damages, costs and expenses (including attorney’s fees) incurred by it as a result of or in connection with (i) any breach or alleged breach by you or anyone acting on your behalf of any of the terms of this Agreement, (ii) any uses, other than Permitted Uses, of the Icons by you or any parties for whom you have prepared works which include the Icons.

7. General Provisions

(a) LeBlanc’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

(b) This Agreement is personal to you and is not assignable by you without LeBlanc’s prior written consent.

(c) This Agreement is entered into, and shall be governed by and construed under the laws of the Commonwealth of Massachusetts. Each party hereby submits to the exclusive jurisdiction of the state and federal courts of the Commonwealth of Massachusetts.

Should you have any questions concerning this Agreement, please don’t hesitate to contact us.