Product License

General terms of usage agreement

License Agreement

THIS IS A LEGAL AGREEMENT BETWEEN YOU ("LICENSEE") AND TEMPLATE CENTRAL, A SUBSIDIARY OF HOT CHILLI MEDIA AND DESIGN PTY LTD. THIS AGREEMENT APPLIES TO LICENSES ISSUED VIA THE WEB AND VIA LOCAL SALES REPRESENTATIVES, AND IS APPLICABLE TO ONLINE, DIGITAL AND ANALOGUE (PHYSICAL) DELIVERY OF LICENSED MATERIAL (THE "AGREEMENT").

Template Central Subscribers

Subscribers are permitted to:

1. Download software (products from Template Central) as per their subscription type.
2. Use our templates/downloaded products as the basis for developing their own private and/or client/customer work.
3. Use the downloaded software for personal and/or business projects for themselves and/or their clients
4. Download up to 50 products per day

You are NOT permitted to:

1. Redistribute the software for sale.
2. Use the software for any purpose or in a manner which implies Template Central endorsement of, or association with any product, service, activity or entity.
3. Use the software or any modification of the software to create obscene, libelous or scandalous works, as defined by the Federal Government at the time the work is created. 
4. Use Template Central resources for any competitor product.
5. Use our software with a product which is similar to or competes with any of the features of any Template Central product.
6. Distribute the username and password to any person outside of the subscriber organization.
7. License the software.
8. Rebrand our software when developing them further for individual clients/customers.
9. Sell our software directly to any client and/or customer.

General Terms 

1. This licence authorises the subscriber to download templates and Software from the Template Central Website and to develop and maintain websites and/or presentations and/or other documents for the promotion of the User's goods and services, and for their customers/clients.
2. This Licence is for a term of 12 months from the date of payment.
3. At the expiration of the said 12 months the User will cease to download Templates and/or Software unless their subscription is renewed. The user can continue to use the already downloaded software as per the license outlined in point 1 of this agreement.
4. The User under this Licence will use each template and Software to develop his own Website (s) and/or presentation(s) and/or other document(s) for his own private and non-commercial use, or for the purpose of developing their client/customer work.
5. During the said 12 months the User may download other templates for the said purposes only and may have more than one Website or presentation provided each Website or presentation is for his personal or business use only or that of his client/customer and provided the User will not sell or assign to another party the whole or any part or interest in any such Website or presentation whether during the said 12 months or at any time thereafter.
6. All Software on this Website is the copyright property of Hot Chilli Media and Design Pty Ltd (Hot Chilli) and/or its suppliers. Use of the Software is governed by the Copyright Legislation of Australia and the country in which downloading is intended or undertaken and is further regulated by the Licence Agreement between Hot Chilli and the person undertaking the downloading from this site (if any).
7. Where the Copyright Legislation of the country in which the person downloading the Software is resident is not applicable, then the Copyright Act of Australia shall apply to the Software and its downloading or other use. The Copyright Legislation of such country and the Copyright Act of Australia shall hereinafter be referred to as 'the Legislation'. Breach of the Legislation may result in severe civil damages and/or criminal penalties and violators will be proceeded against promptly and energetically.
8. Subject to the Legislation, copying or reproduction of the Software to any media or other server or to be held in any form or media for further reproduction or redistribution is expressly prohibited except to the extent that reproduction or redistribution is expressly permitted by the Licence Agreement entered into between Hot Chilli and the person firm downloading, copying or storing the Software.
9. Download Limitations. Licensee is prohibited from downloading more than fifty (50) templates/products per day during the Term of the Agreement. Hot Chilli reserves the right to monitor the quantity of Licensed Material downloaded by Licensee, and to immediately terminate access or rights to the Licensed Material in the event of abusive or suspected fraudulent use of the Licensed Material.
10. No warranty whatsoever is given in relation to the Software other than that implied by mandatory statutory law and/or by the Licence by which the person downloading same acquired the right to download the Software.
11. When ordering the Software the order will be accepted upon the condition that the above conditions are part of the sale and on the condition that under no circumstances will Hot Chilli be liable for any special, indirect or consequential damages or any damages whatsoever resulting from the failure of the Software to download on demand, failure to perform on demand, loss of use, data or profits, whether in an action of contract, negligence or other tortious action arising out of or in connection with the use or performance of the Software. The liability of Hot Chilli to damages is limited to the cost of replacing the Software free of charge to the licensee authorised who by Licence from Hot Chilli first download the Software.
12. Where pursuant to express licence the Software or any part thereof is lawfully supplied to a third party, then the licensee/supplier should make clear to the third party that Hot Chilli does not endorse or associate itself with any product, service, activity or entity whether that of the licensee or any other person or company.
13. Where the Software or the whole or any part of the Software is pursuant to a Licence from Hot Chilli provided to a third party, then the licensee supplying that third party will ensure that the third party is bound for valuable consideration by all of the above notices, terms and conditions before the Software or part thereof is released to that third party and in this respect the licensee providing the third party with the Software shall indemnify Hot Chilli for any loss suffered by Hot Chilli by virtue of a third party not being bound by the said notices, terms and conditions.
14. The word 'Software' shall except where the context otherwise requires, include the following: 
    (i) specifications; 
    (ii) templates, file layouts, including the design and name of data files;
    (iii) source code and object code; 
    (iv) instructions and manuals, including detailed procedures to be followed, whether expressed as programs for a computer or as procedures or instructions for an operator or any other person, and documents such as hardware manuals and drawings; 
    (v) routines and programming languages and systems, and the collection of related utilities, and all other programs that are desirable for properly presenting a given machine to a User including data files; 
    (vi) systems and applications programs
    (vii) color schemes, design layouts, design elements, icons, style sheets and imagery.
15. 'Hot Chilli' means Hot Chilli Media and Design Pty Ltd ACN 093 084 676.
16. Where the User is in breach of these terms and conditions, then this Licence will be automatically and thereby cancelled and the right of the User to continue using the templates or the Software on the World Wide Web or anywhere else, shall be at an end. Such a breach of these terms and conditions shall constitute a breach of the copyrights of Hot Chilli and a breach of this Licence resulting in the User being liable to pay damages to Hot Chilli. Such damages will be calculated by multiplying the licence fee previously paid herein by 1000 and by the number of times that the User breached these terms and conditions.
17. Template Central may, in its sole discretion: (i) monitor, as frequently as Template Central determines, anything you download from our Website, (ii) limit downloads to a fixed amount of downloads per 24 hour period so as to ensure the best possible service to all subscribers to our Website, (iii) track any abuse of your username and password, (iv) suspend or terminate your account, without notice, if Template Central believes there is a violation of this Agreement, the website terms and/or any abuse of your username and password.
18. These terms and conditions are subject to change without notice.

Refund Policy

All Sales are Final. Template Central does offer refunds for downloaded software, subscriptions or any design product and/or service purchased through our Website. Only in cases of fraud will payments be refunded. This policy is in place due to an abuse of credit card chargebacks and theft of information.

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