End-User License Agreement (EULA)

Effective Date: December 1, 2024

This End-User License Agreement ("EULA") is a legally binding agreement between you ("User" or "Licensee") and JewelKitPro, a business registered in Belgium, regarding your use of JewelKitPro’s digital design components ("Components"). By accessing or using the Components, you agree to be bound by the terms of this EULA.

1. License Grant

1.1 Scope of License:
JewelKitPro grants the Licensee a limited, revocable, non-exclusive, non-transferable license to download, access, and use the Components solely for the purpose of personal or commercial jewelry design, in accordance with the terms outlined in this EULA.

1.2 Permitted Uses:
The Licensee may:

  • Incorporate the Components into jewelry design projects.
  • Use the resulting designs for personal or commercial purposes, provided such designs comply with the restrictions outlined in this Agreement.

2. Restrictions

2.1 Prohibited Actions:
The Licensee shall not:

  • Reproduce, distribute, sublicense, resell, rent, lease, or otherwise transfer the Components to any third party.
  • Modify, reverse engineer, decompile, or disassemble the Components.
  • Use the Components in a manner that infringes upon any intellectual property rights or violates applicable laws.

2.2 No Unauthorized Distribution:
The Licensee agrees not to share or make the Components available to third parties, whether for free or for commercial purposes.

2.3 Compliance:
All use of the Components must comply with JewelKitPro’s usage policies as published on its website or communicated to the Licensee.

3. Intellectual Property

3.1 Ownership of Components:
The Components, including all associated copyrights, trademarks, trade secrets, and other intellectual property rights, remain the exclusive property of JewelKitPro. No ownership rights are transferred to the Licensee under this Agreement.

3.2 Ownership of Generated Designs:
Designs created by the Licensee using the Components ("Generated Designs") are the sole property of the Licensee. JewelKitPro makes no claim of ownership over the Generated Designs.

3.3 Licensee’s Feedback:
Any feedback, suggestions, or ideas provided by the Licensee regarding the Components may be used by JewelKitPro without obligation or compensation to the Licensee.

4. Term and Termination

4.1 Term:
This EULA is effective as of the Effective Date and will remain in effect unless terminated by JewelKitPro or the Licensee.

4.2 Termination by JewelKitPro:
JewelKitPro may terminate this Agreement immediately if:

  • The Licensee violates any term of this Agreement.
  • The Licensee’s subscription or access to the JewelKitPro platform expires or is otherwise canceled.

4.3 Effect of Termination:
Upon termination:

  • The Licensee must immediately cease all use of the Components.
  • Any stored copies of the Components must be deleted from the Licensee’s systems.

4.4 Survival:
Sections related to intellectual property, liability, and governing law shall survive termination of this Agreement.

5. Limitation of Liability

5.1 Disclaimer of Warranties:
The Components are provided "as is" and "as available," without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

5.2 Limitation of Liability:
To the fullest extent permitted by law, JewelKitPro shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with the use or inability to use the Components, even if JewelKitPro has been advised of the possibility of such damages.

5.3 Aggregate Liability:
JewelKitPro’s total liability under this Agreement shall not exceed the total amount paid by the Licensee for access to the Components in the 12 months preceding the claim.

6. Governing Law and Dispute Resolution

6.1 Governing Law:
This EULA is governed by the laws of Belgium, without regard to its conflict of laws principles.

6.2 Dispute Resolution:
Any disputes arising from this Agreement shall first be attempted to be resolved amicably. If unresolved, disputes shall be submitted to the exclusive jurisdiction of the courts in Brussels, Belgium.

7. Miscellaneous

7.1 Entire Agreement:
This EULA constitutes the entire agreement between the parties regarding the use of the Components and supersedes any prior agreements or understandings.

7.2 Amendments:
JewelKitPro reserves the right to update or amend this EULA at any time. Continued use of the Components constitutes acceptance of the updated terms.

7.3 Severability:
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

7.4 Assignment:
The Licensee may not assign or transfer their rights under this Agreement without prior written consent from JewelKitPro.

By accessing and using the JewelKitPro Components, you acknowledge that you have read, understood, and agreed to the terms of this EULA.

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