License Agreement

FineArtStudioOnline Online Application Terms of Service / End User License Agreement (EULA) This Online Application End User License Agreement ("Agreement") is by and between BoldBrush, Inc a Texas Corporation dba FineArtStudioOnline ("FASO"), in Bexar County, Texas, and you, your heirs, assigns, agents and contractors (collectively, "You") and is made effective as of the date of Your electronic execution of this Agreement. This Agreement sets forth the terms of service and conditions of Your use of the FASO Online Application ("Software") and FASO website. In addition this Agreement is ONLY between You and FASO and You understand that You have not entered into any agreements with any other party by entering into this Agreement. By using FASO's Software, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement. You also agree that FASO may alter or amend the terms of this Agreement in the future and You agree to be bound by any such alterations or amendments of this Agreement as are posted and available for viewing on the FASO website. In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You`ve established with FASO, whether or not the transactions were in Your behalf and whether or not the transactions were made with your knowledge or authorization. You acknowledge that FASO's acceptance of any application made by You for services provided by FASO will take place at FASO's offices located in San Antonio, Bexar County, Texas, USA. 1. Application and Service Details 1.1 The Application Subject to your full compliance with the terms of this Agreement, FASO grants You a non-exclusive license to use the Software for the purpose of designing and publishing web sites for use on the Internet. You are free to use Software from any computer, but the same project may not be modified on more than one computer at one time. You may customize or modify the appearance of Software only as provided and allowed by the instructions. You may not otherwise alter or modify the Software. You further agree not to reverse engineer, decompile or otherwise attempt to discover, reveal or uncover the source code. You are not authorized to combine the Software with any other software program or application, nor are You authorized to integrate any plug-in or enhancement, which uses or relies upon Software other than those provided with the Software. You are licensed to publish an unlimited number of web sites using this Software. However, you will be required to pay a license fee for each web site published. 1.2 The Online Wizards Forms, and Plug-ins produced by the online wizards are licensed for the exclusive use of the original purchaser on one Website. You are free to modify these in any way as long as You use them on one web site only. Paying for a single form and using it on multiple web sites is NOT authorized. 1.3 Application Particulars The Software is an online web site preparation tool, which is designed to assist You in designing and publishing web sites for use on the Internet. Using Software will give You the ability to personalize, customize and design Your web site to suit Your individual needs. Among other things, You will be able to: Select from several pre-designed layouts which can be customized with a variety of images and color schemes; Engage in Internet sales and marketing by advertising Your business on the Internet; Share Your information with others by listing information; Design and customize Your website by adding text, images, pre-designed page layouts and plug-ins; Display photos of your choice;. Market your work with email newsletter manager; and Use Web Site Hosting Services You are responsible for ensuring that Your web site conforms to all, and does not violate any, local, state, federal, and international laws. Further, You are responsible for securing authorization or permission to use any copyrighted, trademarked, patented or otherwise legally protected images, text, or other web site elements or materials that are not provided by FASO. You affirmatively acknowledge that FASO is relying on Your representation concerning Your proper use of all content on any web site You create or control. If your web site includes GIF images and you are NOT using the Software, you must ensure that your GIF images are licensed by Unisys or were created with Unisys Authorized Software. Moving your web site from one hosting server or provider to another is Your responsibility. FASO will not transfer or FTP Your web site to another hosting provider. 1.4 Legal Agreements You acknowledge that You and a FASO approved Hosting Provider ("Hosting Provider") have entered into a Hosting Service Agreement ("Hosting Agreement"). You agree to be bound by the agreements that govern all domain names hosted through the Hosting Provider, including the Hosting Service Agreement,; this Agreement,; and all policies and procedures as posted on its web site. 1.5 The Limitations The Software is not intended to assist You in engaging in unlawful or morally objectionable activities. Therefore, FASO explicitly reserves the right to terminate Your license if it comes to FASO`s attention that You are using the Software to participate in objectionable activities, which include, but are not limited to, the following: sending unsolicited email or spam; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States, and of its states, and/or foreign; activities designed to encourage unlawful behavior by others, such as intellectual property infringement, hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; or activities designed to harm minors in any way. 2. FASO's rights BoldBrush Technology, LLC (developer of FASO) owns and retains all rights to the Software, software, source code, web site templates, forms, and documentation. You are entitled to use this Software, the web templates, forms and documentation to build web sites and post them to the Internet only as provided in this Agreement. The Software and any copies You are authorized to make are the intellectual property of BoldBrush Technology LLC. The source code and its organization are the exclusive property of BoldBrush Technology, LLC and the Software is protected by copyright, including United States Copyright Law. Except as expressly stated in Section 1 above, this Agreement does not grant You any rights in the Software and all rights are reserved by BoldBrush Technology LLC. You also, by entering into this agreement, acknowledge that BoldBrush Technology LLC is the SOLE copyright owner of the Software, software, source code, web templates, forms and documentation and all other files and associated works of authorship except for your content and your images. FASO additionally expressly reserves the right to: Censor any web site hosted on its servers that, in the Company`s sole opinion, is deemed inappropriate. Review every Web Hosting account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those accounts that exceed allowable levels. Modify pricing through email notification. Terminate Your license for unsolicited, commercial email or SPAM; illegal access to other computer networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and other activities whether lawful or unlawful that FASO determines to be harmful to subscribers, operations, its reputation, or otherwise. Terminate Your license if Your use of the Software results in, or is the subject of, legal action or threatened legal action against FASO or any of its affiliates or partners, regardless of whether or not such legal action or threatened legal action is eventually determined to be with or without merit. The decision to terminate Your license shall be made solely by FASO, and in so doing, FASO shall not be required to consider the merits of legal action or whether threatened legal action will actually come to pass. Terminate your license without cause upon notice to you. 3. Liability & Indemnification FASO PROVIDES THE SOFTWARE "AS IS" AND WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL FASO BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, UNSECURED TRANSACTIONS, INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF FASO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM ANY DEFECT OR ERROR IN THE APPLICATION. YOU SHALL INDEMNIFY, DEFEND BY COUNSEL REASONABLY ACCEPTABLE TO FASO, PROTECT AND HOLD FASO HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSSES, COSTS, DAMAGES, EXPENSE, OF EVERY NATURE, INCLUDING CONSULTANTS` AND ATTORNEYS` FEES AND COURT COSTS, DEMANDS, CAUSES OF ACTION, OR JUDGMENTS DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO YOUR USE THE SOFTWARE. YOU AGREE THAT IN ANY EVENT, THE MAXIMUM AMOUNT OF LIABILITY OF FASO TO YOU SHALL BE THE AMOUNT THAT YOU HAVE PAID FASO FOR A THIRTY (30) DAY PERIOD OF USING THE SOFTWARE, AND YOU HEREBY WAIVE ANY POTENTIAL OF OBTAINING ANY FURTHER RECOMPENSE, UNDER ANY THEORY WHATSOEVER, FROM FASO. 4. Severability If any part of this Agreement is determined to be unenforceable or invalid, that part of the Agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect. 5. venue; waiver of trial by jury This agreement shall be deemed entered into and performable wholly in the state of Texas. This Agreement shall be judged according to the laws of the State of Texas without regard to conflict of laws issues. You agree that exclusive venue for any legal action relating to or arising out of this Agreement, or concerning both You and FASO in any way, shall be solely in a court of competent jurisdiction located in Bexar county, Texas, to which jurisdiction You hereby personally submit.. 6. Intellectual Property Microsoft, MS, Windows, Windows 95, Windows 98, Windows NT, and Internet Explorer are registered trademarks of Microsoft Corporation in the United States and/or other countries. Netscape, Netscape Communicator, and Netscape Navigator are registered trademarks of Netscape Communications Corporation in the United States and/or other countries. AOL and America Online are registered trademarks of America Online, Inc in the United States and/or other countries. InterNIC is a registered Service Mark of the U.S. Department of Commerce. Network Solutions is a registered trademark of Network Solutions, Inc in the United States and/or other countries. .GIF technology licensed is from Unisys Corporation. This license does NOT allow you to use Unisys compression technologies other than through the Application. Hosting with other Internet Service Providers (ISP) requires you or your ISP to obtain a license with Unisys Corporation for placing .GIF images on the Internet. Macromedia, Flash, Flash Generator and Macromedia Flash are trademarks or registered trademarks of Macromedia, Inc. in the United States and/or other countries. Real Audio and Real Producer are registered trademarks of RealNetworks, Inc. All other trademarks are the property of their respective owners. 7. Notices You agree that all notices (except for notices concerning breach of this Agreement) from FASO to You may be posted on our web site. Notices concerning breach will be sent to You at either the postal address or email address You have on file with FASO. In either case, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to FASO shall be made by email, sent to the address we provide on our web site, or by first class mail to the address below: FineArtStudioOnline PO Box 700534 San Antonio, Texas 78270 Revised: 5/27/2011 Copyright BoldBrush Technology, LLC. All Rights Reserved.

FineArtStudioOnline Online Application Terms of Service / End User License Agreement (EULA)

This Online Application End User License Agreement ("Agreement") is by and between BoldBrush, Inc a Texas Corporation dba FineArtStudioOnline ("FASO"), in Bexar County, Texas, and you, your heirs, assigns, agents and contractors (collectively, "You") and is made effective as of the date of Your electronic execution of this Agreement. This Agreement sets forth the terms of service and conditions of Your use of the FASO Online Application ("Software") and FASO website. In addition this Agreement is ONLY between You and FASO and You understand that You have not entered into any agreements with any other party by entering into this Agreement. By using FASO's Software, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement. You also agree that FASO may alter or amend the terms of this Agreement in the future and You agree to be bound by any such alterations or amendments of this Agreement as are posted and available for viewing on the FASO website.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You`ve established with FASO, whether or not the transactions were in Your behalf and whether or not the transactions were made with your knowledge or authorization. You acknowledge that FASO's acceptance of any application made by You for services provided by FASO will take place at FASO's offices located in San Antonio, Bexar County, Texas, USA.

1. Application and Service Details

1.1 The Application

Subject to your full compliance with the terms of this Agreement, FASO grants You a non-exclusive license to use the Software for the purpose of designing and publishing web sites for use on the Internet. You are free to use Software from any computer, but the same project may not be modified on more than one computer at one time. You may customize or modify the appearance of Software only as provided and allowed by the instructions. You may not otherwise alter or modify the Software. You further agree not to reverse engineer, decompile or otherwise attempt to discover, reveal or uncover the source code. You are not authorized to combine the Software with any other software program or application, nor are You authorized to integrate any plug-in or enhancement, which uses or relies upon Software other than those provided with the Software. You are licensed to publish an unlimited number of web sites using this Software. However, you will be required to pay a license fee for each web site published.

1.2 The Online Wizards

Forms, and Plug-ins produced by the online wizards are licensed for the exclusive use of the original purchaser on one Website. You are free to modify these in any way as long as You use them on one web site only. Paying for a single form and using it on multiple web sites is NOT authorized.

1.3 Application Particulars

The Software is an online web site preparation tool, which is designed to assist You in designing and publishing web sites for use on the Internet. Using Software will give You the ability to personalize, customize and design Your web site to suit Your individual needs. Among other things, You will be able to:

Select from several pre-designed layouts which can be customized with a variety of images and color schemes;
Engage in Internet sales and marketing by advertising Your business on the Internet;
Share Your information with others by listing information;
Design and customize Your website by adding text, images, pre-designed page layouts and plug-ins;
Display photos of your choice;.
Market your work with email newsletter manager; and
Use Web Site Hosting Services

You are responsible for ensuring that Your web site conforms to all, and does not violate any, local, state, federal, and international laws. Further, You are responsible for securing authorization or permission to use any copyrighted, trademarked, patented or otherwise legally protected images, text, or other web site elements or materials that are not provided by FASO. You affirmatively acknowledge that FASO is relying on Your representation concerning Your proper use of all content on any web site You create or control. If your web site includes GIF images and you are NOT using the Software, you must ensure that your GIF images are licensed by Unisys or were created with Unisys Authorized Software. Moving your web site from one hosting server or provider to another is Your responsibility. FASO will not transfer or FTP Your web site to another hosting provider.

1.4 Legal Agreements

You acknowledge that You and a FASO approved Hosting Provider ("Hosting Provider") have entered into a Hosting Service Agreement ("Hosting Agreement"). You agree to be bound by the agreements that govern all domain names hosted through the Hosting Provider, including the Hosting Service Agreement,; this Agreement,; and all policies and procedures as posted on its web site.

1.5 The Limitations

The Software is not intended to assist You in engaging in unlawful or morally objectionable activities. Therefore, FASO explicitly reserves the right to terminate Your license if it comes to FASO`s attention that You are using the Software to participate in objectionable activities, which include, but are not limited to, the following: sending unsolicited email or spam; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States, and of its states, and/or foreign; activities designed to encourage unlawful behavior by others, such as intellectual property infringement, hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; or activities designed to harm minors in any way.

2. FASO's rights

BoldBrush Technology, LLC (developer of FASO) owns and retains all rights to the Software, software, source code, web site templates, forms, and documentation. You are entitled to use this Software, the web templates, forms and documentation to build web sites and post them to the Internet only as provided in this Agreement. The Software and any copies You are authorized to make are the intellectual property of BoldBrush Technology LLC. The source code and its organization are the exclusive property of BoldBrush Technology, LLC and the Software is protected by copyright, including United States Copyright Law. Except as expressly stated in Section 1 above, this Agreement does not grant You any rights in the Software and all rights are reserved by BoldBrush Technology LLC. You also, by entering into this agreement, acknowledge that BoldBrush Technology LLC is the SOLE copyright owner of the Software, software, source code, web templates, forms and documentation and all other files and associated works of authorship except for your content and your images.

FASO additionally expressly reserves the right to:

Censor any web site hosted on its servers that, in the Company`s sole opinion, is deemed inappropriate.
Review every Web Hosting account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those accounts that exceed allowable levels.
Modify pricing through email notification.
Terminate Your license for unsolicited, commercial email or SPAM; illegal access to other computer networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and other activities whether lawful or unlawful that FASO determines to be harmful to subscribers, operations, its reputation, or otherwise.
Terminate Your license if Your use of the Software results in, or is the subject of, legal action or threatened legal action against FASO or any of its affiliates or partners, regardless of whether or not such legal action or threatened legal action is eventually determined to be with or without merit. The decision to terminate Your license shall be made solely by FASO, and in so doing, FASO shall not be required to consider the merits of legal action or whether threatened legal action will actually come to pass.
Terminate your license without cause upon notice to you.

3. Liability & Indemnification

FASO PROVIDES THE SOFTWARE "AS IS" AND WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL FASO BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, UNSECURED TRANSACTIONS, INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF FASO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM ANY DEFECT OR ERROR IN THE APPLICATION.
YOU SHALL INDEMNIFY, DEFEND BY COUNSEL REASONABLY ACCEPTABLE TO FASO, PROTECT AND HOLD FASO HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSSES, COSTS, DAMAGES, EXPENSE, OF EVERY NATURE, INCLUDING CONSULTANTS` AND ATTORNEYS` FEES AND COURT COSTS, DEMANDS, CAUSES OF ACTION, OR JUDGMENTS DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO YOUR USE THE SOFTWARE. YOU AGREE THAT IN ANY EVENT, THE MAXIMUM AMOUNT OF LIABILITY OF FASO TO YOU SHALL BE THE AMOUNT THAT YOU HAVE PAID FASO FOR A THIRTY (30) DAY PERIOD OF USING THE SOFTWARE, AND YOU HEREBY WAIVE ANY POTENTIAL OF OBTAINING ANY FURTHER RECOMPENSE, UNDER ANY THEORY WHATSOEVER, FROM FASO.

4. Severability

If any part of this Agreement is determined to be unenforceable or invalid, that part of the Agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

5. venue; waiver of trial by jury

This agreement shall be deemed entered into and performable wholly in the state of Texas. This Agreement shall be judged according to the laws of the State of Texas without regard to conflict of laws issues. You agree that exclusive venue for any legal action relating to or arising out of this Agreement, or concerning both You and FASO in any way, shall be solely in a court of competent jurisdiction located in Bexar county, Texas, to which jurisdiction You hereby personally submit..

6. Intellectual Property

Microsoft, MS, Windows, Windows 95, Windows 98, Windows NT, and Internet Explorer are registered trademarks of Microsoft Corporation in the United States and/or other countries.
Netscape, Netscape Communicator, and Netscape Navigator are registered trademarks of Netscape Communications Corporation in the United States and/or other countries.
AOL and America Online are registered trademarks of America Online, Inc in the United States and/or other countries.
InterNIC is a registered Service Mark of the U.S. Department of Commerce.
Network Solutions is a registered trademark of Network Solutions, Inc in the United States and/or other countries.
.GIF technology licensed is from Unisys Corporation. This license does NOT allow you to use Unisys compression technologies other than through the Application. Hosting with other Internet Service Providers (ISP) requires you or your ISP to obtain a license with Unisys Corporation for placing .GIF images on the Internet.
Macromedia, Flash, Flash Generator and Macromedia Flash are trademarks or registered trademarks of Macromedia, Inc. in the United States and/or other countries.
Real Audio and Real Producer are registered trademarks of RealNetworks, Inc.
All other trademarks are the property of their respective owners.

7. Notices

You agree that all notices (except for notices concerning breach of this Agreement) from FASO to You may be posted on our web site. Notices concerning breach will be sent to You at either the postal address or email address You have on file with FASO. In either case, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to FASO shall be made by email, sent to the address we provide on our web site, or by first class mail to the address below:

FineArtStudioOnline
PO Box 700534
San Antonio, Texas 78270

Revised: 5/27/2011
Copyright BoldBrush Technology, LLC. All Rights Reserved.

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