Policies and Licenses

Policies and Licenses

Celtx Public License
Art Packs Sales Policy
Art Packs Terms of Use
Studio Sales Policy
Studio Terms of Use
Writer's Pack Sales Policy
Writer's Pack Terms of Use
Learning Series Sales Policy
Learning Series Terms of Use
Add-Ons License and Sales Policies
Volume Installs License and Sales Policies

CePL - Version 1.3

AMENDMENTS

The Celtx Public License Version 1.3 ("CePL") consists of the Mozilla Public License Version 1.2 with the following Amendments, including Exhibit A-CELTX Public License. Files identified with "Exhibit A-CELTX Public License" are governed by the Celtx Public License Version 1.3.

Additional Terms applicable to the Celtx Public License.

I. Effect.

These additional terms described in this Celtx Public License -- Amendments shall apply to the Celtx Code and to all Covered Code under this License.

II. "Celtx's Branded Code" means Covered Code that Celtx distributes and/or permits others to distribute under one or more trademark(s) which are controlled by Celtx but which are not licensed for use under this License.

III. Celtx and logo.

This License does not grant any rights to use the trademark "Celtx", and/or the Celtx logo even if such marks are included in the Original Code or Modifications.

IV. Intentionally Left Blank

V. Use of Modifications and Covered Code by Initial Developer

V.1. In General.

The obligations of Section 3 apply to Celtx, except to the extent specified in this Amendment, Section V.2 and V.3.

V.2. Other Products.

Celtx may include Covered Code in products other than the Celtx's Branded Code which are released by Celtx during the two (2) years following the release date of the Original Code, without such additional products becoming subject to the terms of this License, and may license such additional products on different terms from those contained in this License.

V.3. Alternative Licensing.

Celtx may license the Source Code of Celtx's Branded Code, including Modifications incorporated therein, without such Celtx Branded Code becoming subject to the terms of this License, and may license such Celtx Branded Code on different terms from those contained in this License.

VI. Litigation.

Notwithstanding the limitations of Section 11, the provisions regarding litigation in Section 11(a), (b) and (c) of the License shall apply to all disputes relating to this License.

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Celtx PUBLIC LICENSE - CePL

Version 1.3

1. Definitions.

1.0.1. "Commercial Use" means distribution or otherwise making the Covered Code available to a third party.

1.1. "Contributor" means each entity that creates or contributes to the creation of Modifications.

1.2. "Contributor Version" means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.

1.3. "Covered Code" means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.

1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted in the software development community for the electronic transfer of data.

1.5. "Executable" means Covered Code in any form other than Source Code.

1.6. "Initial Developer" means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.

1.7. "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.

1.8. "License" means this document.

1.8.1. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.

1.9. "Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:

A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.

B. Any new file that contains any part of the Original Code or previous Modifications.

1.10. "Original Code" means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.

1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.

1.11. "Source Code" means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.

1.12. "You" (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.

2. Source Code License.

2.1. The Initial Developer Grant.

The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:

(a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and

(b) under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof).

(c) the licenses granted in this Section 2.1(a) and (b) are effective on the date Initial Developer first distributes Original Code under the terms of this License.

(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices.

2.2. Contributor Grant.

Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license

(a) under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and

(b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).

(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first makes Commercial Use of the Covered Code.

(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor.

3. Distribution Obligations.

3.1. Application of License.

The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.

3.2. Availability of Source Code.

Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.

3.3. Description of Modifications.

You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.

3.4. Intellectual Property Matters

(a) Third Party Claims.

If Contributor has knowledge that a license under a third party's intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled "LEGAL" which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact.

If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.

(b) Contributor APIs.

If Contributor's Modifications include an application programming interface and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the LEGAL file.

Contributor represents that, except as disclosed pursuant to Section 3.4(a) above, Contributor believes that Contributor's Modifications are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License.

3.5. Required Notices.

You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code.

You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.

3.6. Distribution of Executable Versions.

You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.

3.7. Larger Works.

You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.

4. Inability to Comply Due to Statute or Regulation.

If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.

5. Application of this License.

This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code.

6. Versions of the License.

6.1. New Versions.

4067479 Canada Inc. t/a Celtx ("CELTX") may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.

6.2. Effect of New Versions.

Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by CELTX. No one other than Celtx has the right to modify the terms applicable to Covered Code created under this License.

6.3. Derivative Works.

If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), You must (a) rename Your license so that the phrases "Celtx" or any confusingly similar phrase do not appear in your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from Celtx Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)

7. DISCLAIMER OF WARRANTY.

COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

8. TERMINATION.

8.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.

8.2. If You initiate litigation by asserting a patent infringement claim (excluding declatory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is referred to as "Participant") alleging that:

(a) such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above.

(b) any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant.

8.3. If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.

8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.

9. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

10. Intentionally Left Blank.

11. MISCELLANEOUS.

This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by the laws of the Dominion of Canada excluding its conflict-of-law provisions, whose Courts shall have exclusive jurisdiction over all matters arising from this agreement or the use of the Covered Code. Any litigation relating to this License and/or Celtx shall be subject to the jurisdiction of the Supreme Courts of the Province of Ontario, Canada, with the exception of any right of appeal to the Supreme Court of Canada, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.

12. RESPONSIBILITY FOR CLAIMS.

As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.

13. MULTIPLE-LICENSED CODE.

Initial Developer may designate portions of the Covered Code as "Multiple-Licensed". "Multiple-Licensed" means that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of the CePL or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A.

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EXHIBIT A - Celtx Public License.

The contents of this file are subject to the Celtx Public License Version 1.3 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.celtx.com/CePL/

Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.

The Original Code is Celtx.

Contributor(s): ______________________________________.

Celtx Art Pack Sales Policy

Terms of Sale

Art Packs can be purchased using a credit card or Paypal account.
You will be billed immediately upon purchase.
A receipt will be provided to you on completion of the purchase.
On the successful purchase of an Art Pack you will be provided with a URL (ie. link) to the Art Pack install file for installing the Art Pack in the Celtx software application (the 'Art Pack URL').
The Art Pack URL will be active for one (1) hour after purchase.
In the event you need to re-install an Art Pack, a new URL will be provided to you on your producing a valid receipt for the prior purchase.
There are no refunds or credits. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all applicable taxes, levies, or duties.
The terms of use for the images contained in an Art Pack are as per the Terms of Use for the Art Pack.

Modifications to the Terms of Sale

1. Celtx reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Art Pack service (or any part thereof) with or without notice.
Prices of all Art Packs are subject to change.
Celtx shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Art Pack service.

Contact Information

info@celtx.com
Celtx
357 Duckworth Street
St. John's, NL
A1B 1H6
Canada

Celtx Setup Tool - Art Pack Images

License - Summary

You are permitted:

To use or transform the Images in any way.
To copy and transmit the Images.
To use the Images royalty free in any media project whether commercial or not.

You cannot:

Resell or distribute the Images 'as they are'. For example, you cannot download the Images and sell them to others.

License - Full

This agreement is the basis under which the Image(s) in the Celtx Setup Tool Art Pack(s) are licensed for use.

"Images" is defined as the image(s) purchased from the Celtx web site for use in the Celtx Setup Tool.

The Celtx Software is licensed under the Celtx Public License (CePL).

All rights not expressly granted are reserved.

Licence Grant.
Subject to the Restrictions, We hereby grant You a worldwide, royalty-free, non-exclusive, perpetual licence to the Images on the following terms:
1. You can use or transform the Images in any way;
2. You can copy and transmit the Images;
3. You can use the Images in any media project whether commercial or not;
4. You cannot impose any terms on the Images that alter or restrict the terms of this Licence or the recipient’s exercise of the rights granted hereunder; and
5. You cannot resell or distribute the Images “as is” to others.
Warranties and Disclaimer
We offer the Images as is and make no representations or warranties of any kind concerning the Images, express, implied, statutory or otherwise.
In no event, will We be liable to You on any legal theory for any damages arising out of this Licence or the use of the Images.
Termination
Notwithstanding any other provision in this License, this Licence and the rights granted hereunder will terminate upon any breach by You of the terms of this Licence.
Individuals or entities who have received the Images from You will not have their licences terminated provided such individuals or entities remain in full compliance with this Licence.
We reserve the right to release the Images under different licence terms or to stop distributing the Images at any time; provided, however that any such election will not serve to withdraw this Licence, and this Licence will continue in full force and effect unless terminated.
Miscellaneous

If any provision of this Licence is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Licence, and such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

No term of this Licence shall be deemed waived and no breach consented to by Us unless it is in writing.

This Licence constitutes the entire agreement between the parties with respect to the Images.

Celtx Studios Sales Policy

Payment and Refund test

A valid credit card is required for paying accounts.
You will be billed immediately upon purchase.
The Service is billed in advance, either on an annual or monthly basis depending on the option chosen at the time of purchase, and is non-refundable.
There are no refunds or credits for partial year or months of service, or refunds for a partial year or months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all applicable taxes, levies, or duties.

Cancellation and Termination

You are solely responsible for properly cancelling your Account. To cancel your account at any time, you must email us at csinfo at celtx dot com
When your account is terminated, your Content will no longer be accessible via your Celtx Studio. We may, but are under no obligation to retain an archival copy of your Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy of your Content for our internal business purposes.
If you cancel the Service before the end of your current paid up period, your cancellation will take effect on the expiry of the paid up period and you will not be charged again.
Celtx, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account.

Modifications to the Service and Prices

Celtx reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to your Celtx Studio and/or by sending you notice of the same to the email address you provided in your registration information.
Celtx shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Contact Information

info@celtx.com
Celtx
357 Duckworth Street
St. John's, NL
A1B 1H6
Canada

The Celtx (Studios) Terms of Use

By using the Celtx Web site (the "Site") the Celtx Software ("Software"), the Celtx Server ("Server"), the Celtx Studios ("Studios") and/or the Celtx Project Central ("Project Central") (collectively, "Services") you are agreeing to be bound by the following terms and conditions:

Basic Terms

You must be 13 years or older to use the Services.
You are responsible for any activity that occurs under your username.
You are responsible for keeping your password secure.
Your use of the Services is subject to the Privacy Policy.
You must not abuse, harass, threaten, impersonate or intimidate other users.
You may not use the Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the Celtx Forum, Celtx Project Central or Celtx Studios.
You must not modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services or Celtx.
You must not create or submit unwanted email ("Spam") to any member of the Services.
You must not transmit any worms or viruses or any code of a destructive nature.
You must not, in the use of Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL CELTX BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

Violation of any of these terms will result in the termination of your Celtx account. While Celtx prohibits such conduct, you understand and agree that we cannot be responsible for the content posted on any of the Services and you nonetheless may be exposed to such materials and that you use the Services at your own risk.

General Conditions

We reserve the right to modify or terminate the Services for any reason, without notice at any time.
We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via email according to the preference expressed on your account. What constitutes a "material change" will be determined by us acting in our sole discretion exercised in good faith and using common sense.
The use of the Software is subject to a license agreement (the "License Agreement"). Notwithstanding anything to the contrary in this Terms of Use, where the Terms of Use and the License Agreement differ, the License Agreement shall prevail.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
The Services are provided "as is" and without warranties of any kind either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.
By accessing this Site, you agree that all matters relating to your use of the Services shall be governed by and construed in accordance with the laws of the Dominion of Canada, without giving effect to any principles of conflicts of law, whose Courts shall have exclusive jurisdiction to resolve all disputes arising from the use of the Services.

Copyright

We claim no intellectual property rights over the material you use or create using the Software or which you publish to the Celtx Server, the Celtx Studios or Celtx Project Central. Your profile and any materials uploaded remain yours.
You can remove your profile at any time by deleting your account.
By publishing material to the Celtx Studios ("Studio Materials") you agree that only you, or those to whom you provide your username and password, will have access to your Studio Materials and you therefore agree to allow us to store them accordingly.
By sharing Studio Materials through the Celtx Studios ("Shared Materials") you agree to allow any other Celtx users with whom you have shared your materials to view and edit your Shared Materials and you therefore agree to allow us to display and store them accordingly.
By publishing material to Project Central ("Public Materials") you agree to allow anyone with access to the Internet to view and share your Public Materials and you therefore agree to allow us to display and store them accordingly.
We encourage users to consider licensing their creations under a Creative Commons license.
The trademarks, logos and service marks ("Marks") displayed on the Services are the property of Celtx. You are not permitted to use the Marks unless you either comply with the Logo License or have the prior written consent of Celtx.
We will undertake commercially reasonable efforts to obey all relevant copyright laws. We will review claims of copyright infringement received and remove content deemed by us, acting in our sole discretion, to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
1. a physical or electronic signature of the copyright owner or the person authorized to act on its behalf:
2. a description of the copyrighted work claimed to have been infringed;
3. a description of the infringing material and information reasonably sufficient to permit us to locate the material;
4. your contact information, including your address, telephone number, and email;
5. a sworn statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. a sworn statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

Claims can be sent to info@celtx.com or Celtx Copyright, P.O. Box 23126, St. John's, NL, A1B 4J9, Canada.

Celtx Writer's Pack Sales Policy

Terms of Sale

Writer's Packs can be purchased using a credit card or Paypal account.
You will be billed immediately upon purchase.
A receipt will be provided to you on completion of the purchase.
On the successful purchase of an Writer's Pack you will be provided with a URL (ie. link) to the Writer's Pack install file for installing the Writer's Pack in the Celtx software application (the 'Writer's Pack URL').
The Writer's Pack URL will be active for one (1) hour after purchase.
In the event you need to re-install an Writer's Pack, a new URL will be provided to you on your producing a valid receipt for the prior purchase.
There are no refunds or credits. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all applicable taxes, levies, or duties.
The terms of use for the images contained in an Writer's Pack are as per the Terms of Use for the Writer's Pack.

Modifications to the Terms of Sale

1. Celtx reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Writer's Pack service (or any part thereof) with or without notice.
Prices of all Writer's Packs are subject to change.
Celtx shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Writer's Pack service.

Contact Information

info@celtx.com
Celtx
357 Duckworth Street
St. John's, NL
A1B 1H6
Canada

Celtx Writer's Pack Licence Agreement

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of Celtx nor the names of its contributors nor the tradenames, logos or trademarks of Celtx may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDER AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Celtx Learning Series Sales Policy

Terms of Sale

The Learning Series projects can be purchased using a credit card or Paypal account.
You will be billed immediately upon purchase.
A receipt will be provided to you on completion of the purchase.
On the successful purchase of a Learning Series project you will be provided with a URL (ie. link) to the Learning Series project for downloading the Learning Series project in the Celtx software application (the 'Learning Series project URL').
The Learning Series project URL will be active for one (1) hour after purchase.
In the event you need to re-install a Learning Series project, We have a self-serve Purchase Support feature that you can use to create a new link to any Learning Series project you have purchased. http://celtx.com/purchaseSupport.html
There are no refunds or credits. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all applicable taxes, levies, or duties.
The terms of use for the Learning Series are as per the Licence Agreement for the Learning Series.

Modifications to the Terms of Sale

Celtx reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Learning Template (or any part thereof) with or without notice.
Prices of all Learning Templates are subject to change.
Celtx shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Learning Series.

Contact Information

info@celtx.com
Celtx
357 Duckworth Street
St. John's, NL
A1B 1H6
Canada

Celtx Learning Series Licence Agreement

License - Summary

You are permitted:

Subject to stated conditions, To use the Learning Series in any way.
To copy and transmit the Learning Series for your own personal purposes.

You cannot:

Resell or distribute the Learning Series 'as they are'. For example, you cannot download the Learning Series and sell them to others.

License - Full

This agreement is the basis under which the Learning Series are licensed for use.

"Learning Series" is defined as the individual Learning Series Project purchased from the Celtx web site for use in the Celtx Software.

The Celtx Software is licensed under the Celtx Public License (CePL).

All rights not expressly granted are reserved.

Licence Grant.
Subject to the Restrictions, We hereby grant You a worldwide, royalty-free, non-exclusive, non-commercial, perpetual licence to the Learning Series on the following terms:
1. You can use or transform the Learning Series in any way; and
2. You can copy and transmit the Learning Series for your own personal purposes;
3. You cannot impose any terms on the Learning Series that alter or restrict the terms of this Licence or the recipient’s exercise of the rights granted hereunder; and
4. You cannot resell or distribute the Learning Series to others.
Warranties and Disclaimer
We offer the Learning Series as is and make no representations or warranties of any kind concerning the Learning Series, express, implied, statutory or otherwise.
In no event, will We be liable to You on any legal theory for any damages arising out of this Licence or the use of the Learning Series.
Termination
Notwithstanding any other provision in this License, this Licence and the rights granted hereunder will terminate upon any breach by You of the terms of this Licence.
We reserve the right to release the Learning Series under different licence terms or to stop distributing the Learning Series at any time; provided, however that any such election will not serve to withdraw this Licence, and this Licence will continue in full force and effect unless terminated.
Miscellaneous

No term of this Licence shall be deemed waived and no breach consented to by Us unless it is in writing.

This Licence constitutes the entire agreement between the parties with respect to the Learning Series.

Add-Ons License and Sales Policies

Sales Policy for Celtx Art Packs

Terms of Sale

Art Packs can be purchased using a credit card or Paypal account.
You will be billed immediately upon purchase.
A receipt will be provided to you on completion of the purchase.
On the successful purchase of an Art Pack you will be provided with a URL (ie. link) to the Art Pack install file for installing the Art Pack in the Celtx software application (the 'Art Pack URL').
The Art Pack URL will be active for one (1) hour after purchase.
The Art Packs are sold on a “per person” basis, meaning you are permitted to install the purchased Art Pack on any computer that you own.
In the event you need to re-install an Art Pack, a new URL will be provided to you on your producing a valid receipt for the prior purchase.
There are no refunds or credits. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all applicable taxes, levies, or duties.
The terms of use for the images contained in an Art Pack are as per the Terms of Use for the Art Pack.

Modifications to the Terms of Sale

1. Celtx reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Art Pack service (or any part thereof) with or without notice.
Prices of all Art Packs are subject to change.
Celtx shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Art Pack service.

Contact Information

info@celtx.com
Celtx
357 Duckworth Street
St. John's, NL
A1B 1H6
Canada

License Agreement for Art Pack Images

License - Summary

You are permitted:

To use or transform the Images in any way.
To copy and transmit the Images.
To use the Images royalty free in any media project whether commercial or not.

You cannot:

Resell or distribute the Images "as they are". For example, you cannot download the Images and sell them to others.

License - Full

This agreement is the basis under which the Image(s) in the Celtx Setup Tool Art Pack(s) are licensed for use.

"Images" is defined as the image(s) purchased from the Celtx web site for use in the Celtx Setup Tool.

The Celtx Software is licensed under the Celtx Public License (CePL).

All rights not expressly granted are reserved.

Licence Grant.
Subject to the Restrictions, We hereby grant You a worldwide, royalty-free, non-exclusive, perpetual licence to the Images on the following terms:
1. You can use or transform the Images in any way;
2. You can copy and transmit the Images;
3. You can use the Images in any media project whether commercial or not;
4. You cannot impose any terms on the Images that alter or restrict the terms of this Licence or the recipient's exercise of the rights granted hereunder; and
5. You cannot resell or distribute the Images "as is" to others.
Warranties and Disclaimer
We offer the Images as is and make no representations or warranties of any kind concerning the Images, express, implied, statutory or otherwise.
In no event, will We be liable to You on any legal theory for any damages arising out of this Licence or the use of the Images.
Termination
Notwithstanding any other provision in this License, this Licence and the rights granted hereunder will terminate upon any breach by You of the terms of this Licence.
Individuals or entities who have received the Images from You will not have their licences terminated provided such individuals or entities remain in full compliance with this Licence.
We reserve the right to release the Images under different licence terms or to stop distributing the Images at any time; provided, however that any such election will not serve to withdraw this Licence, and this Licence will continue in full force and effect unless terminated.
Miscellaneous

No term of this Licence shall be deemed waived and no breach consented to by Us unless it is in writing.

This Licence constitutes the entire agreement between the parties with respect to the Images.

Sales Policy for Celtx Writer's Pack

Terms of Sale

Writer's Packs can be purchased using a credit card or Paypal account.
You will be billed immediately upon purchase.
A receipt will be provided to you on completion of the purchase.
On the successful purchase of an Writer's Pack you will be provided with a URL (ie. link) to the Writer's Pack install file for installing the Writer's Pack in the Celtx software application (the 'Writer's Pack URL').
The Writer's Pack URL will be active for one (1) hour after purchase.
The Writer's Pack is sold on a “per person” basis, meaning you are permitted to install the purchased Writer's Pack on any computer that you own.
In the event you need to re-install an Writer's Pack, a new URL will be provided to you on your producing a valid receipt for the prior purchase.
There are no refunds or credits. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all applicable taxes, levies, or duties.
The terms of use for the Writer's Pack are as per the Terms of Use for the Writer's Pack.

Modifications to the Terms of Sale

Celtx reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Writer's Pack service (or any part thereof) with or without notice.
Prices of all Writer's Packs are subject to change.
Celtx shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Writer's Pack service.

Contact Information

info@celtx.com
Celtx
357 Duckworth Street
St. John's, NL
A1B 1H6
Canada

License Agreement for Celtx Writer's Pack

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of Celtx nor the names of its contributors nor the tradenames, logos or trademarks of Celtx may be used to endorse or promote products derived from this software without specific prior written permission.

Sales Policies and License Agreements for Celtx Plus for Volume Installs

Sales Policy for Celtx Plus for Volume Installs

Terms of Sale

Celtx Plus can be purchased using a credit card or Paypal account.
You will be billed immediately upon purchase.
A receipt will be provided to you on completion of the purchase.
On the successful purchase of Celtx Plus (purchased for bulk installs) you will be provided with a URL (ie. link) to the Celtx Plus install file. You may use the Celtx Plus install file to install Celtx Plus on any number of computers up to the maximum number of installs purchased.
When purchased in bulk, Celtx Plus can be installed on any number of computers up to the maximum number of installs purchased.
You are not permitted to re-sell Celtx Plus.
There are no refunds or credits. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all applicable taxes, levies, or duties.
The terms of use for the images contained in an Art Pack are as per the Terms of Use for the Art Pack.

Modifications to the Terms of Sale

Celtx reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Terms of Sale for Celtx Plus (or any part thereof) with or without notice.
Prices for Celtx Plus is subject to change.

Contact Information

info@celtx.com
Celtx
357 Duckworth Street
St. John's, NL
A1B 1H6
Canada

License Agreement for Art Pack Images

License - Summary

You are permitted:

To use or transform the Images in any way.
To copy and transmit the Images.
To use the Images royalty free in any media project whether commercial or not.

You cannot:

Resell or distribute the Images "as they are". For example, you cannot download the Images and sell them to others.

License - Full

This agreement is the basis under which the Image(s) in the Celtx Art Pack(s) are licensed for use.

"Images" is defined as the image(s) purchased from the Celtx web site for use in the Celtx Software.

The Celtx Software is licensed under the Celtx Public License (CePL).

All rights not expressly granted are reserved.

Licence Grant
Subject to the Restrictions, We hereby grant You a worldwide, royalty-free, non-exclusive, perpetual licence to the Images on the following terms:

You can use or transform the Images in any way;
You can copy and transmit the Images;
You can use the Images in any media project whether commercial or not;

Restrictions

You cannot impose any terms on the Images that alter or restrict the terms of this Licence or the recipient's exercise of the rights granted hereunder; and
You cannot resell or distribute the Images "as is" to others.

Warranties and Disclaimer
We offer the Images as is and make no representations or warranties of any kind concerning the Images, express, implied, statutory or otherwise. In no event, will We be liable to You on any legal theory for any damages arising out of this Licence or the use of the Images.
Termination
Notwithstanding any other provision in this License, this Licence and the rights granted hereunder will terminate upon any breach by You of the terms of this Licence.
Individuals or entities who have received the Images from You will not have their licences terminated provided such individuals or entities remain in full compliance with this Licence.
We reserve the right to release the Images under different licence terms or to stop distributing the Images at any time; provided, however that any such election will not serve to withdraw this Licence, and this Licence will continue in full force and effect unless terminated.
Miscellaneous
If any provision of this Licence is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Licence, and such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
No term of this Licence shall be deemed waived and no breach consented to by Us unless it is in writing.
This Licence constitutes the entire agreement between the parties with respect to the Images.

License Agreement for Celtx Writer's Pack

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of Celtx nor the names of its contributors nor the tradenames, logos or trademarks of Celtx may be used to endorse or promote products derived from this software without specific prior written permission.