Screen Beans^®
Site License Agreement  (sample)

In exchange for a fee paid, the following Screen Beans artwork products are licensed to you:

<Product Licensed>

This license extends the End User License you already hold for this product so that you may share use of the artwork with additional users at your work place.

This End User License Agreement (“EULA”) is a legal agreement between you and A Bit Better Corporation. Please read the agreement carefully. You agree to be bound by the terms of the EULA by installing, copying, or using the images.  If you do not agree, do not install, copy, or use the images.  You may return the complete software product with proof of purchase to A Bit Better Corporation within 30 days for a full refund.

Screen Beans character artwork (the “Images”) is provided to you (the “Licensee”) under non-exclusive license.  This means that other parties may be granted rights to use the same characters and images.  The following provisions define the ways you may use the Images.

1. Grant of License

Provided you comply with all terms and conditions of this EULA, A Bit Better Corporation grants you the following rights:

1.1 Installation

You may install the Images in a way convenient for your use and the use of up to twenty-four (24) other users.  You may access the artwork over a network, provided the number of different users with access cannot exceed the limit of twenty-five (25).  You may also make one back-up copy of the software for installation if the original is lost or destroyed.

1.2 Use of Artwork

You may use the Screen Beans Images for informational, illustrative, or decorative purposes in your own not-for-sale printed communication (e.g., advertisements, publications, newsletters, reports, presentations). Use of Screen Beans Images in advertisements placed in for-sale magazines, newsletters, and newspapers is permitted.

You may use the Screen Beans Images for informational, illustrative, or decorative purposes in your own electronic and/or multimedia communication (e.g., presentations, training programs, video, and web pages).

You may use the Screen Beans Images for illustrative purposes in your own not-for-sale promotional items such as coffee mugs or T-shirts.

You are not licensed to do any of the following:

• You may not sell, license, or distribute copies of any of the Images in original electronic form. (See section 2)
• You may not sell, license, or distribute copies of the Images in any format by themselves or as part of any product, service, or collection that is offered for sale or where the primary value of the product or service is in the Images.
• You may not grant consumers of your product or service any rights to license or distribute the Images.
• You may not create obscene or scandalous works, as defined by federal law at the time the work is created, using the Images.
• You may not use or permit the use of any Screen Beans image, or any part thereof, as a trademark or service mark, or claim proprietary rights of any sort.
• You may not distribute the Images in any format by posting them on a network or web site for the purpose of downloading.

2. Distribution of Original Images

You may use the original Screen Beans Images for your personal use only.  Original Images are in vector format and are resolution independent. Items including the Images may only be distributed in printed form or in a fixed-resolution bitmap copy. 

If you use the Images in a presentation or other project where the computer files with original Images are shared with co-workers or others, then additional licensing is required.   If you use Screen Beans Images in work you do for a client (web site design, brochure design, etc.) where the original computer files are given to the client, then additional licensing is required for the client.

3. Credit Line

If a Screen Beans Image is incorporated into a publication, document, or promotional item with intended effective distribution to more than 50 people, then the copyright of the artwork must be acknowledged as follows:

Screen Beans Art © A Bit Better Corporation

The credit line should normally appear near the artwork, but may instead be incorporated in the front matter of a publication or in the credit section of a media project.

4. Reservation of Rights

A Bit Better Corporation reserves all rights not expressly granted to you in this EULA.  The Images are protected by copyright and other intellectual property laws and treaties.  A Bit Better Corporation owns the title, copyright, and other intellectual property rights to the Images.  Images are licensed, not sold.  Screen Beans is a registered trademark of A Bit Better Corporation.

5. Transfer

You may not rent, lease, sublicense or lend the Images or any part thereof. You may, however, transfer all your rights to use the Software to another person or legal entity provided that you transfer this Agreement, all copies of the software in all formats and all documentation to such person or entity and that you retain no copies, including copies stored on a computer, images stored in any application files, or stored on a backup device. All your rights under this license will then cease.

6. Term

Rights hereunder shall continue until the earlier of (a) Licensee’s transfer of all rights to the software as provided in section 5 or (b) Licensee’s failure to comply with any of the terms and conditions of this license.

7. Limitations

In no event will A Bit Better be liable for any consequential, incidental or special damages, including any lost profits or lost savings or for any claim by any third party.

8. Miscellaneous

This Agreement constitutes the entire understanding between the parties with respect to the subject matter and supersedes any prior representation or understanding.  The Agreement may not be amended except in a written document signed by both parties.  Should a court find any provision of this Agreement unenforceable, the remaining provisions shall be interpreted so as to best effect the intent of the parties.  This Agreement shall be governed by, and interpreted in accordance with, the laws of the State of California.

9. Arbitration

Any and all controversies, claims and disputes relating to this Agreement shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitration(s) may be entered in any court having jurisdiction thereof. The arbitration shall be held in Santa Clara County, California, USA, and the arbitrator shall apply California law.