Coffee bean grinder
|XS||333 x 500||4.6 x 6.9||72||0.14MB||1|
|S||667 x 1000||9.3 x 13.9||72||0.58MB||2|
|M||1067 x 1600||3.6 x 5.3||300||1.47MB||3|
|L||1600 x 2400||5.3 x 8||300||3.28MB||4|
|XL||2133 x 3200||7.1 x 10.7||300||5.87MB||5|
|XXL||2667 x 4000||8.9 x 13.3||300||9.14MB||6|
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Old school coffee beans grinder in the 1900s
Content License Agreement
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- use the Content in design template applications intended for resale, whether online or not, including but not limited to templates for websites, Flash, business card, electronic direct mailer, electronic greeting card, brochure design, etc;
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- install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users;
- use or display the Content in an electronic format that allows it to be downloaded or distributed via mobile devices or shared in any manner of file sharing arrangement;
- use Content identified as “Editorial Use Only”, for any commercial, promotional, endorsement, advertising or merchandising use. For clarification, in this Agreement “Editorial Use Only” of Content means use relating to events that are newsworthy or of general interest and expressly excludes any advertorial sections (i.e. sections or supplements featuring brand and/or product names or sections or supplements by which you receive a fee from a third-party advertiser or sponsor);
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- either individually or in combination with others, reproduce the Content, or an element of the Content, in excess of 500,000 times without duly obtaining an Extended License, in which event you shall be required to pay an additional royalty fee equal to US $0.01 for each reproduction which is in excess of 500,000 reproductions. This additional royalty does not apply to advertisements in websites or to broadcast by television, web-cast or theatrical production; or
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5. Excess Reproduction Run
In the event you be in breach of subparagraph 4(a)(xv) above, you further agree to notify VIVIstock in case you (or a combination of you and others involved with you) reproduce the Content, or an element of the Content in excess of 500,000 times. Such disclosure notice must be sent to VIVIstock each and every month after which the Content, or an element of the Content, has been reproduced in aggregate over the term of this Agreement in excess of 500,000 times. Each such notice must contain the number of reproductions made in any particular month, provided however the first such notice will only require disclosure of those reproductions which are in excess of 500,000. VIVIstock shall bill you for the fees relating to such excess use and you shall agree to pay the amount reflected therein 30 days upon receipt.
6. Agreement’s Term of Effectivity
(a) This Agreement is effective until termination. You can terminate this Agreement by destroying the Content and any Permitted Derivative Works, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose. The Agreement also terminates without notice from VIVIstock if at any time you fail to comply with any of its terms. Upon termination, you must immediately (i) cease using the Content and for any purpose; (ii) destroy or delete all copies and archives of the Content or accompanying materials; and (iii) if requested, confirm to VIVIstock in writing that you have complied with these requirements.
(b) VIVIstock reserves the right to choose at a later date to revoke or amend the license granted by this Agreement and replace the Content with a substitute for any reason. Upon notice, sent to the address or contact information provided by you for your member account, or such other address as you may advise us in writing to use, now and then, of such replacement, the license for the replaced Content immediately terminates for any products that do not already exist, and this license automatically applies to the replacement Content. You agree not to use the replaced Content, or any Permitted Derivative Works, for future products and to take all reasonable steps to discontinue use of the replaced Content, or any Permitted Derivative Works, in products that already exist.
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(d) Certain jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from jurisdiction to jurisdiction.
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(a) Provided that the Content is only used in accordance with and not in breach of this Agreement and as your sole and exclusive remedy for breach of the representations and warranties set forth in Section 7 (a) above, VIVIstock shall, subject to the terms of Sections 8(b),(c),(d) and (e) defend, indemnify and hold harmless you, your parent, subsidiaries and affiliates and respective directors, officers and employees from all damages, liabilities and expenses (including reasonable outside legal fees), arising out of or connected with any actual or threatened lawsuit, claim or legal proceeding alleging that the possession, distribution or use of the Content by you is in breach of the representations and warranties set forth in Section 7(a) above. The foregoing states VIVIstock’s entire indemnification obligation under this Agreement.
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(d) NOTWITHSTANDING ANY OTHER TERM HEREIN, VIVISTOCK SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR LOSSES ARISING AS A RESULT OF MODIFCATIONS MADE TO THE CONTENT BY YOU OR THE CONTEXT IN WHICH THE CONTENT IS USED BY YOU.
(e) NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY OF VIVISTOCK UNDER THIS AGREEMENT AND ANY OTHER AGREEMENT UNDER WHICH YOU HAVE LICENSED THE SAME CONTENT, REGARDLESS OF THE FILE SIZE, OR THE USE OR EXPLOITATION OF ANY OR ALL OF THE CONTENT IN ANY MANNER WHATSOEVER AND THE OBLIGATION OF VIVISTOCK UNDER SECTION 8(a) SHALL BE LIMITED TO AN AGGREGATE OF TEN THOUSAND ($10,000) US DOLLARS. FOR GREATER CLARITY, VIVISTOCK’S LIABILITY TO YOU IN RESPECT OF THE CONTENT SHALL NOT EXCEED TEN THOUSAND ($10,000) US DOLLARS REGARDLESS OF THE NUMBER OF TIMES THAT YOU LICENSE THE SAME CONTENT FROM VIVISTOCK.
(f) SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
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You agree to indemnify, defend and hold VIVIstock, its affiliates, its Content providers and their respective directors, officers, employees, shareholders, partners and agents (collectively, the “VIVIstock Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) incurred by any VIVIstock Party as a result of or in connection with any breach or alleged breach by you or anyone acting on your behalf of any of the terms of this Agreement.
10. General Provisions
(b) VIVIstock’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be interpreted as a waiver of any provision or right.
(c) This Agreement is personal to you and is not assignable by you without VIVIstock’s prior written consent. VIVIstock may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms.
(d) If all or part of any provision of this Agreement is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place of such whole or part provision an enforceable provision or provisions, that as nearly as possible reflects the terms of the unenforceable whole or part provision.
(e) You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Content, pursuant to this Agreement.
(f) This Agreement will be governed under the laws of the state of Singapore (without reference to conflicts of laws principles). This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time the Content was downloaded, or such other address as you may advise us in writing to use, from time to time.
(g) Any and all disputes arising out of, under or in relation to this Agreement, including without limitation, its validity, interpretation, performance and breach, shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by a single Arbitrator appointed in accordance with such rules. The arbitration shall take place in Singapore and shall be conducted in the English language.
(h) The parties have requested that this Agreement and all related documents be drawn up in English.
If you have concerns with regard to this Agreement, please contact VIVIstock at [email protected] or via phone at +65-6235-9275.
12. Statement of Acknowledgement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL COUNSEL PRIOR TO AGREEING TO IT. IN CONSIDERATION OF VIVISTOCK AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND VIVISTOCK, WHICH SUPERSEDES ANY PROPOSAL, DEAL, OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND VIVISTOCK RELATING TO THE SUBJECT OF THIS AGREEMENT.
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