License Agreement

This License Agreement (hereinafter “Agreement”) is an agreement between You (hereinafter referred to as “you”, “your” or “Licensor”) and Laura Arnhold, Literacious (hereinafter referred to as “us”, “we”, “our,” or “Licensor”).

This Agreement governs your purchase, downloads, or subscription to products from our website https://www.literacious.com or other websites including, but not limited to Etsy (the “Website”) and by using or purchasing our Printable Kids’ Reading Journal (the “Products”), you acknowledge that you have read and agreed to this Agreement, as well as our website Terms and Conditions (https://www.literacious.com/terms-and-conditions/).

LICENSE GRANT

In accordance with this Agreement, we grant you a nonexclusive, limited license to use the Products. This license is non-transferable and revocable, and any attempts to transfer or assign it are void. The scope of use is restricted to the Products you purchased or are allowed to download for free and may not be used for any other purpose.

PERSONAL USE

You are granted a personal, non-transferable and non-exclusive right to use the Products only for your own non-commercial purposes. You agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on these products in any manner without our written permission. You agree not use any part of the Product in any manner that would infringe upon the rights of third parties.

These products are intended for personal and single-family use only with no distribution rights. You may make as many copies for your own family as needed. If you are interested in using this in the classroom, please contact us at laura@literacious.com and inquire about pricing for classroom use.

You may not edit these printable, share these files with anyone else, claim them as your own, stop or sell them on any website, print, sell, or distribute them to others.

COMMERCIAL USE

Commercial use shall be defined as using the Product in order to generate revenue either directly or indirectly by; charging money, exchanging goods/services, soliciting donations or any other form of generating revenue.

You may not use the Products for any commercial or business purpose. If you wish to use the Products in a commercial manner, please contact us at laura@literacious.com and inquire about obtaining a license.

You are allowed to use the Product for commercial use only if you have obtained a valid, paid license from us. Even with such a license, you are still not allowed to distribute the Products for use by third parties and/or for any other commercial purposes. You must also ensure that any copies of the Product made available online or via any other medium contain all copyright and other proprietary notices contained in the originals. Any unauthorized use or reproduction of the Products is strictly prohibited and will be met with legal action.  Any unauthorized commercial use shall result in immediate termination of the license granted herein and may subject you to legal action for breach of contract.

OWNERSHIP AND RESERVATION OF RIGHTS

We retain all ownership, title and intellectual property rights in and to the Products. Except for the license granted in this Agreement, all rights are reserved. Neither this Agreement nor the use of the Products grants you any interest or ownership in our copyright, trademark, or other proprietary rights in the Products. We retain sole ownership of all such proprietary rights. You are not permitted to use any of our trademarks, logos, or brand names without our express written permission.

WARRANTY AND LIMITATION OF LIABILITY

The licensor warrants that it has the right to enter into this Agreement and grant you the licenses set forth herein. The licensor makes no other warranties with respect to the Products and disclaims any implied warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement.

In no event shall the licensor be liable for any damages (including, but not limited to, direct, indirect, incidental or consequential) arising out of the use of or inability to use the Products.

TERMINATION

This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of the Products in your possession or control. This Agreement will also terminate automatically if you fail to comply with the terms and conditions set forth herein.

GOVERNING LAW

This Agreement is made in and shall be construed and enforced in accordance with the laws of Pennsylvania, USA without regard to conflict of law provisions. The parties agree that all disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the Pennsylvania, USA courts. The parties hereby irrevocably and unconditionally consent to such jurisdiction and waive any objection thereto.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and the licensor regarding your use of the Products including our website Privacy Policy, Disclaimer, and Terms and Conditions and supersedes any prior agreements or understandings whether written or oral. If any provision of this Agreement is held to be invalid, illegal or unenforceable, such provision shall be enforced to the maximum extent possible and the remaining provisions shall remain in full force and effect.

By using, downloading or otherwise accessing the Products, you acknowledge that you have read this Agreement, understand it, agree to be bound by its terms and conditions and consent to the exclusive jurisdiction of the country identified above for any dispute arising out of or relating to this Agreement or the use of the Products.

This digital file is for personal use only, and may not be copied, edited, shared, resold or redistributed in any way. If you are a teacher, please contact: laura@literacious.com to discuss bulk sales of any of the products available on Etsy.

This product is for personal use only and is not to be used for commercial purposes or resold.