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This Copyright Transfer Agreement ("Agreement") becomes effective and binding upon both the Seller and the Buyer when the Buyer completes the purchase of the logo described above via Logomax. The completion of the purchase transaction signifies the Buyer's acceptance of all terms and conditions set forth in this Agreement.
Upon the Buyer completing the purchase transaction, the Seller transfers to the Buyer all copyrights and associated intellectual property rights in the original, uncustomized Logo, as well as the final customized version of the Logo that has been customized by Logomax according to the Buyer's requests and subsequently approved by the Buyer. This transfer grants the Buyer full and exclusive ownership, including the unrestricted right to use, reproduce, modify, distribute, publicly display, and sell both the original and the approved customized version of the Logo in any form, medium, or technology.
The Buyer, having obtained full and exclusive ownership of the Logo, including all associated intellectual property rights, shall have the right to assign, sublicense, or otherwise transfer these rights without restriction. However, any such assignment or transfer must be consistent with the terms of this Agreement and must not violate any applicable laws. The Seller shall not retain any right to control or approve any subsequent assignments or sublicenses by the Buyer.
The Seller provides a limited warranty that, to the best of its knowledge and after conducting reasonable due diligence, the original, uncustomized Logo provided at the time of sale does not infringe upon the intellectual property rights of any third party. The Seller makes no further warranties beyond this representation.
Post-Purchase Responsibilities: From the moment of the sale, the responsibility to ensure that the Logo, including any modifications, customizations, or usage thereof, does not violate any intellectual property laws or infringe on any third-party intellectual property rights is entirely the Buyer's. The Buyer assumes all risks associated with the intellectual property of the Logo post-purchase. The Buyer agrees to conduct their own due diligence and is responsible for any legal issues that may arise due to copyright infringement or other intellectual property claims.
The Seller's total maximum obligation and liability to the Buyer and all authorized users for all claims shall be limited to the effectively paid sales price of the Logo by the Buyer. Notwithstanding the foregoing, in no event shall the Seller's liability exceed three hundred United States Dollars (USD $300), regardless of the amount actually paid.
The Buyer agrees to indemnify, defend, and hold the Seller and its officers, employees, shareholders, and directors harmless from any and all claims, liabilities, losses, damages, and expenses, including reasonable attorneys' fees and costs, arising from any breach of this Agreement by the Buyer, including any claims of infringement of intellectual property rights by third parties in relation to the Logo after its purchase. The Buyer further agrees to indemnify the Seller for all costs and expenses that the Seller incurs in enforcing the terms of this Agreement.
The transfer of copyright under this Agreement is conditional upon the receipt of the full agreed payment by the Seller. Should the payment not be received in full, or should it be subject to a chargeback, dispute, or otherwise reclaimed by the Buyer, this Agreement shall be rendered null and void. Consequently, while all rights granted herein, including but not limited to the use, reproduction, modification, and sale of the Logo, shall immediately revert to the Seller, the Buyer remains liable for any misuse or illegal actions involving the Logo that occurred prior to and following such revocation of rights. The Buyer must cease all use of the Logo, destroy all copies thereof, and refrain from any further use, sale, or distribution of the Logo. Additionally, the Seller retains the right to pursue legal action for any damages or liabilities resulting from the Buyer’s actions both before and after the reversion of rights.
Upon purchase, the Buyer gains full ownership of the Logo. The Buyer may not use the Logo in a manner that falsely implies endorsement by the Seller or misrepresents the nature of the relationship between the Buyer and the Seller. The Buyer is prohibited from using the Logo for any illegal, defamatory, or libelous purposes, or in any context that promotes adult content, hate speech, violence, or discrimination. Additionally, the Buyer should avoid using the Logo in any way that infringes upon existing intellectual property rights of third parties, including trademarks and copyrights.
This Agreement shall be governed by and construed in accordance with the Federal laws of Mexico. Any disputes arising under this Agreement shall be resolved in the competent courts of Santiago de Querétaro, and the parties hereby consent to the jurisdiction of such courts.
This Agreement ensures that all essential elements required for a valid contract have been satisfied. These elements include the clear expression of consent by both parties, the provision of consideration through the exchange of rights and payments, and the lawful purpose of this Agreement. It is understood that the responsibilities to ensure that the Logo does not violate any intellectual property laws or third-party rights post-purchase rest entirely with the Buyer. The Buyer accepts all risks associated with the intellectual property of the Logo after the transaction.
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make it enforceable while preserving its intent as closely as possible, or, if modification is not possible, such provision shall be severed from this Agreement. In either case, the remaining provisions of this Agreement shall continue in full force and effect. This Agreement does not require a physical or digital signature to be valid; the completion of the purchase transaction by the Buyer on Logomax constitutes a binding acceptance of these terms.
This document and any other documents referred to herein constitute the entire agreement between the parties with respect to the purchase of the Logo and supersede all prior agreements, proposals, and communications, both written and oral, regarding this subject.