MAXX IMAGES

Image Licensing Terms

For your reading pleasure!

website use terms & conditions

return and refund policy

privacy policy

comping licensing terms

rights managed
royalty free

maXx photo subscription
licensing terms


rights managed licensing terms

royalty free licensing terms

maXx images
40260
aflo foto agency rf
alaskan express
amana images
arco images rf
artbox
atoz
aurora photos inc., rf
best view stock
beyond fotomedia
big cheese photo
blend boost
blend images
bluemoon stock
bsip rf
built images
caiaimage
camera lucida rf
citizen stock rf
creativ collection
cultura
denkou images
design pics
dinodia photo rf
doc-stock gmbh rf
ecostock rf
emotive
extreme sports photo rf
eyecandy images
easyfotostock
f1online rf
flystock
fogstock
food collection
fotosearch rf
free imagination
fstop
glow asia
glow images
gulf images
hana
hola images
huntstock inc.
i dream stock rf
ice tea images
illustration works inc., rf
imagebroker rf
imageDJ
image source
image zoo
ingram publishing
insadco photography rf
inspirestock
johner images rf
kablonk!
medical rf
mixa
moodboard rf
mylife photos
no strings
novarc images rf
novo images
naturbild
novo images
old visuals
panoramic images rf
photoalto
photo stock LA
photo bank yokohama rf
photosindia
pixmann
pixtal
premium stock photograrphy rf
purestock
QxQ
radius images
rubberball
science photo library rf
simple stock shots
smart magna
sozaijiten
spaces images rf
supraphoto
tetra images
the irish image collection rf
tips images rf
tongro
tops photo group rf
universal images group rf
uppercut images rf
vico collective - vico rf
waterframe rf
wavebreak media ultra
westend 61
wikishots
world travel images inc. rf
zen shui
zoonar gmbh rf

Terms and Conditions of use of our Website

The right to use this website and its content is granted to you only if you agree to be bound by the terms and conditions hereby stated ("Website Terms"). By clicking "Accept" and/or by using this website, you agree to be bound by the Website Terms ("Agreement"). If you do not wish to be bound by these terms, do not check the box indicating agreement and discontinue the use of this site.

We reserve the right to change the Website Terms at any time without notice, and your use of the site will be subject to the most current version posted on the site at the time of your use.

Ownership of our site

This site is owned and operated by maXx images inc., PO Box 30064, North Vancouver, British Columbia, Canada, V7H 2Y8, duly registered in the province of British Columbia. All rights on the content featured or displayed on this site, including but not limited to, images, text, graphics, illustrations and software (the" Content") are owned by maXx images inc., its licensors and its content providers. All elements of maXx images website, including without limitations, the general design and the Content are protected by trademark and copyright laws or other laws and international treaties relating to intellectual property rights.

Use of the Content

Unless explicitly permitted by maXx images inc., you may not reproduce, distribute, transmit or otherwise exploit the Content or any portion thereof. Your use of any image shall be governed by the licensing terms applicable to your use. maXx images inc.'s licensing terms are incorporated into this Agreement by reference. You shall indemnify maXx images inc., its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred as a result of your breach of this agreement or your unauthorized use of the Content or related rights.

Disclaimers

maXx images inc. excludes to the fullest extent permitted by applicable law any warranty, express or implied, that the site or any services will be uninterrupted or error-free. maXx images inc. shall not be liable for any damages of any kind arising out of your use of, your inability to use or the performance of this site. Although maXx images inc. uses its best efforts to ensure the accuracy of the Content on the site, this site may contain errors, mistakes or inaccuracies. We make no guarantees as to the accuracy, correctness or reliability of the Content. maXx images inc. may change the Content of this site, at any time, without prior notice. There may be links to other websites from the maXx images inc.'s website; however as those websites are not under the control of maXx images inc. we are not responsible for any content contained therein or any damages you may suffer in relation to your use of such websites. You hereby agree to waive any and all claims against maXx images inc. regarding the inclusion of links to outside websites or your use of those websites.

Divisibility

Should any clause of this Agreement be found unenforceable, whenever possible this will not affect any other clause and each will remain in full force and effect.

Law and Venue

This Agreement shall be interpreted, construed and governed by the laws of Canada, and all disputes arising under the present shall be submitted to the jurisdiction of the Courts of the Province of British Columbia. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed.

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Return and Refund Policy

Return and Refund Policy

Rights Managed Visual Content Purchase
If any licensed Rights Managed Visual Content is not reproduced by you in any way, you can, within ten (10) days of the date of the invoice, request in writing the cancellation of the license. MaXx Images may then proceed to cancel the invoice. If the cancellation notice is received more than ten (10) days but less than thirty (30) days after the invoice date, a cancellation fee equal to 50% of the amount of the invoice will be charged. After 30 days of the date of the invoice, no cancellations will be accepted and the full amount invoiced shall be paid. Nothing in this policy shall apply to service, administration and shipping fees which shall be payable according to the terms stated on the invoice and shall be non-refundable.

Royalty Free Visual Content Purchase
All Royalty Free licensed Visual Content purchased from maXx images' website or emailed to client by a maXx images representative is non-returnable. All sales are final on all Royalty Free licensed Visual Content.

Royalty Free Virtual Compact Disc (VCD) Purchase
Refunds will be accepted for a Virtual Royalty Free CD-ROM, within ten (10) days from the date of the invoice, as long as no image included in the CD-ROM has been downloaded from your personal area "My Images" on the MaXx Images website. In order to initiate the refund process, send us an email at info@maxximages.com clearly indicating the following information: 1. name, last name, telephone number and email address 2. the reason for your return 3. the product code and VCD title 4. the invoice number To initiate any refund process, we must receive all complete details as mentioned above. Upon receipt of this information, we will confirm your download history to ensure no on-line downloads have taken place from your personal area "My images" on the MaXx Images website. We will then send you a legal document which you will need to sign and return to us, and which will confirm that you have not used nor downloaded any of the images contained in the VCD.

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Privacy Policy

MAXX IMAGES INC.'S PRIVACY POLICY

MaXx Images Inc. respects your right to privacy. This privacy policy tells you about our practices in regards to any information we collect online.

Personal Information

In order to provide service to our customers we may require you to provide us with certain information such as your name, address, phone number and e-mail address. This information will be kept in a confidential file for which MaXx Images Inc. is responsible to be used for internal purposes only and more particularly to send you products, updates on our latest promotions and new services.

By providing this information to MaXx Images Inc. you are agreeing to allow us to share this information with MaXx Images Inc. ?s partners, subsidiaries or affiliates in order to allow them to provide you, as well, with special benefits, offers or promotions. You may, at anytime, access, correct, update or require us to remove your personal information from our mailing list by sending us an e-mail at info@maxximages.com.

MaXx Images Inc. does not sell or lease information about its customers to third parties. MaXx Images Inc. shall not provide any of your personal information to other companies or individuals without your permission. However, we may need to provide your name and delivery address to third parties that MaXx Images Inc. uses for delivering purpose or when we are required by law.

MaXx Images Inc. will take all reasonable steps to protect the confidentiality of your personal information, however be aware that perfect security on the Internet does not exist.

Use of cookies

When you visit MaXx Images Inc. website, we place a "cookie" in the hard drive of your computer. A "cookie" is a small piece of data that a website can store on your web browser and later retrieve. Cookies allow MaXx Images Inc. to make its website more useful by storing information about your preferences. For example, cookies enable this website to recognize the information you have consented to give us, such as the lightboxes you have created and determine what areas of the website are most of your interest. You can set your browser?s option not to accept cookies, though as a result you may not then be able to access all of the features of MaXx Images Inc. site.

If you have any questions about MaXx Images Inc. ?s privacy policy or concerns about personal information you have supplied, please contact us at 1-888-511-3939 or info@maxximages.com.

 

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Comping Licensing Terms for Rights Managed

Comping Licensing Terms for Rights Managed

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MAXX IMAGES INC. (MAXX IMAGES). PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING AND/OR USING ANY IMAGE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT DOWNLOAD OR USE ANY VISUAL CONTENT CONTAINED IN THIS SITE.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER AND/OR PRINCIPAL, THIS LICENSE AND ALL THE RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AND/OR PRINCIPAL AS WELL AS TO YOU AS A REPRESENTATIVE AND/OR AGENT OF YOUR EMPLOYER AND/OR PRINCIPAL. YOU HEREBY FURTHER WARRANT AND REPRESENT TO MAXX IMAGES THAT YOU HAVE FULL AND EXPRESS AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER AND/OR PRINCIPAL AND THAT YOU WILL NOT USE ANY IMAGE OBTAINED FROM MAXX IMAGES. FOR THE BENEFIT OF ANY OTHER PERSON OR ENTITY WITHOUT ENTERING INTO A SEPARATE LICENSE WITH MAXX IMAGES.

ALL VISUAL CONTENT (Visual Content: means photographic material, illustrations, video-clips/footage or other visual content, whether generated optically, electronically, digitally or by any other means, which shall also include keywords, descriptions, credits and captions associated therewith) INCLUDED IN THIS SITE IS COPYRIGHTED AND ALL RIGHTS TO THE VISUAL CONTENT IS OWNED BY MAXX IMAGES AND/OR ITS LICENSORS. BY THE PRESENT AGREEMENT YOU ARE ONLY GRANTED THE LIMITED RIGHT TO USE THE VISUAL CONTENT FOR COMPS AND LAYOUTS IN ACCORDANCE WITH THE TERMS OF THE PRESENT AGREEMENT. ALL RIGHTS THAT ARE NOT SPECIFICALLY GRANTED TO YOU BY THIS AGREEMENT ARE RESERVED.

1. Grant of license for comping use only

1.1 By this Agreement, MaXx Images grants to you, for a period of thirty (30) days (hereinafter the "Term"), a non-exclusive, non sub-licensable, non assignable and non-transferable right to use the Visual Content you have selected solely for internal evaluation and/or to create preliminary layouts and comps. You may make only one copy of the Visual Content into your personal computer for the limited purposes of examination and preliminary layouts and comps. You hereby agree upon expiration of the Term to immediately stop using the Visual Content and destroy any digital copy of the Images.

2. Unauthorized uses

2.1 By the present agreement, you ARE NOT granted the right to:

2.1.1 use the Visual Content in any final materials including but not limited to, advertising, marketing, editorial materials or any other commercial application of the Visual Content.

2.1.2 sublicense, sell, distribute or make available for use or distribution, by any means, the Images whether in whole or in part.

2.1.3 place and distribute the Visual Content in any online or other electronic distribution system (except that you may transmit comps digitally or electronically to your clients for their review).

2.1.4 use the Visual Content for any form of pornography, or in a libelous, defamatory, fraudulent, infringing or other illegal manner.

2.1.5 use the Visual Content or allow the use of the Visual Content in any way that violates the right to privacy or publicity.

2.1.6 use the Visual Content outside the parameters of use stated in Section 1 above.

2.2 Without limiting MaXx Images? rights on the Visual Content, any unauthorized use of the Visual Content constitutes copyright infringement entitling MaXx Images to exercise all rights and remedies under applicable copyright laws and treaties.

2.3 You agree to indemnify and hold MaXx Images and its licensors harmless from any and all claims, liabilities, damages, costs and expenses including lawyer's fees, arising from any unauthorized use the Visual Content.

3. Severability

3.1 Should any provision of this Agreement be found invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected and shall remain in full force and effect.

4. Law and venue

4.1 This Agreement, and all matters collateral thereto, shall be governed by and construed in accordance with the laws of Canada, excluding the application of its conflicts of law rules, and any dispute arising hereunder shall be litigated solely in a court of competent jurisdiction in British Columbia, Canada. Notwithstanding the foregoing, this provision shall not prevent MaXx Images, from addressing any competent court, tribunal or venue to which it might be entitled, in order to seek for interim measures or any other legal remedies.

This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed.

 

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Comping Licensing Terms for Royalty Free

Comping Licensing Terms for Royalty Free

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MAXX IMAGES INC.(MAXX IMAGES) PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING AND/OR USING ANY IMAGE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT DOWNLOAD OR USE ANY VISUAL CONTENT CONTAINED IN THIS SITE.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER AND/OR PRINCIPAL, THIS LICENSE AND ALL THE RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AND/OR PRINCIPAL AS WELL AS TO YOU AS A REPRESENTATIVE AND/OR AGENT OF YOUR EMPLOYER AND/OR PRINCIPAL. YOU HEREBY FURTHER WARRANT AND REPRESENT TO MAXX IMAGES THAT YOU HAVE FULL AND EXPRESS AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER AND/OR PRINCIPAL AND THAT YOU WILL NOT USE ANY IMAGE OBTAINED FROM MAXX IMAGES FOR THE BENEFIT OF ANY OTHER PERSON OR ENTITY WITHOUT ENTERING INTO A SEPARATE LICENSE WITH MAXX IMAGES.

ALL THE VISUAL CONTENT ?(Visual Content: means photographic material, illustrations, video-clips/footage or other visual content, whether generated optically, electronically, digitally or by any other means, which shall also include keywords, descriptions, credits and captions associated therewith) INCLUDED IN THIS SITE ARE COPYRIGHTED AND ALL RIGHTS TO THESE IMAGES ARE OWNED BY MAXX IMAGES AND/OR ITS LICENSORS. BY THE PRESENT AGREEMENT YOU ARE ONLY GRANTED THE LIMITED RIGHT TO USE THE VISUAL CONTENT FOR COMPS AND LAYOUTS IN ACCORDANCE WITH THE TERMS OF THE PRESENT AGREEMENT. ALL RIGHTS THAT ARE NOT SPECIFICALLY GRANTED TO YOU BY THIS AGREEMENT ARE RESERVED.

1. Grant of license for comping use

1. By this Agreement, MaXx Images grants to you, for a period of thirty (30) days (hereinafter the "Term"), a non-exclusive, non sub-licensable, non assignable and nontransferable right to use the Visual Content you have selected solely for internal evaluation and/or to create preliminary layouts and comps. You may make only one copy of the Visual Content into your personal computer for the limited purposes of examination and preliminary layouts and comps. You hereby agree upon expiration of the Term to immediately stop using the Visual Content and destroy any digital copy of the Visual Content.

2. Unauthorized uses

2.1 By the present agreement, you ARE NOT granted the right to:

2.1.1 use the Visual Content in any final materials including but not limited to, advertising, marketing, editorial materials or any other commercial application of the Visual Content.

2.1.2 sublicense, sell, distribute or make available for use or distribution, by any means, the Visual Content whether in whole or in part.

2.1.3 place and distribute the Image in any online or other electronic distribution system (except that you may transmit comps digitally or electronically to your clients for their review).

2.1.4 use the Visual Content for any form of pornography, or in a libelous, defamatory, fraudulent, infringing or other illegal manner.

2.1.5 use the Visual Content or allow the use of the Visual Content in any way that violates the right to privacy or publicity.

2.1.6 use the Visual Content outside the parameters of use stated in Section I above.

2.2 Without limiting MaXx Images? rights on the Visual Content, any unauthorized use of the Visual Content constitutes copyright infringement entitling MaXx Images to exercise all rights and remedies under copyright laws and treaties and other applicable laws.

2.3 You agree to indemnify and hold MaXx Images and its licensors harmless from any and all claims, liabilities, damages, costs and expenses including lawyer's fees, arising from any unauthorized use of an Image.

3. Severability

3.1 Should any provision of this Agreement be found invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected and shall remain in full force and effect.

4. Law and venue

4.1 This Agreement, and all matters collateral thereto, shall be governed by and construed in accordance with the laws of Canada, excluding the application of its conflicts of law rules, and any dispute arising hereunder shall be litigated solely in a court of competent jurisdiction in British Columbia, Canada. Notwithstanding the foregoing, this provision shall not prevent MaXx Images, from addressing any competent court, tribunal or venue to which it might be entitled, in order to seek for interim measures or any other legal remedies.

This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed.

 

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maXx photo subcription End User License Agreement

maXx images inc.
End User License Agreement End User License Agreement

1. Preamble

1.1 The present Agreement stipulates the conditions under which customers (hereinafter referred to as "customers") may use the photos, illustrations and other media contents made available by maXx images inc. (hereinafter referred to as "Supplier") through the website www.maXximages.com photo subscription service.
1.2 The End User License Agreement applies in addition to the Terms and Conditions of Use which apply to the website and which have been entered into by all authors and customers (hereinafter collectively referred to as "members"). In the event of inconsistencies between the End User License Agreement and the Terms and Conditions of Use, the provisions of the present End User License Agreement shall apply.

2. Licenses

2.1 Standard license
2.1.1 Supplier grants customers a non-exclusive license, unlimited as to time and place, to use the content for admissible purposes in accordance with the provisions below.
2.1.2 All other rights to the content and with respect to the contents, including all copyrights,shall remain with Supplier and the author of the contents respectively.
2.1.3 Transfer: (a) As a rule, the license is non-transferable. (b) Exception: The right to use the content may be transferred only to one single third party if the transfer is made within the scope of implementation of a customer project, for example by an advertising agency. Repeated use in projects of different customers is not permitted. In such a case, another license must be acquired for each customer.
2.1.4 Purpose of use: (a) The contents may be used by customers in any media (such as online use of any kind,print use, TV, cinema, theatre, videograms (CD, DVD, etc.), interactive and multimedia use, etc.), with the restriction that the contents may not be the basis or the main component of the product distributed by the customer. This restriction applies only for the event that the contents are offered within the scope of resale products (resale product = goods which are not given free of charge but are offered for sale, such as calendars, posters, postcards, canvas prints, cups, toys, stuffed animals, sporting articles, household, bathroom and kitchen goods, clothing articles, coffee-table books and similar articles; utilization of images for advertising and sales promotions are covered by this standard license). A merchandising license must be acquired for such products intended for resale. (b) If the content is labeled "only for editorial purposes", the content may be used only for editorial purposes (for example reporting, teaching material).
2.1.5 Right of processing: The content may be altered as long as it can be assumed that the alterations will not entail any disadvantages for the author, the model shown or for other third parties, as for example interference with the authors' personal rights, damage to reputation, infringement of proprietary rights. In no event may the contents be distorted by the alteration.
2.1.6 Expiration of Use: Images incorporated into projects during the subscription term may be used indefinitely in the same project and in other projects. Images downloaded but not used during the subscription term must be deleted upon subscription expiry.

2.2 Merchandising license
2.2.1 Supplier grants customers a non-exclusive license, unlimited as to time and place, to use the content for admissible purposes in accordance with the provisions below. No merchandising license can be acquired if the content is labeled "only for editorial purposes".
2.2.2 All other rights to the content and with respect to the contents, including all copyrights, shall remain with Supplier and the author of the contents respectively.
2.2.3 Transfer: (a) As a rule, the license is non-transferable. (b) Exceptions: - The right to use the content may be transferred only to one single third party if the transfer is made within the scope of implementation of a customer project, for example by an advertising agency. Repeated use in projects of different customers is not permitted. In such a case, another license must be acquired for each customer. - The transfer of rights of use within the scope of press releases is permitted if the offer to download contents is not freely accessible and is always marked to the effect that the content may only be used in connection with the press release.
2.2.4 Purpose of use: The contents may be used by customers in any media (such as online use of any kind, print use, TV, cinema, theatre, videograms (CD, DVD, etc.), interactive and multimedia use, etc.). This includes in particular the right of commercial exploitation of the contents by manufacturing and distributing goods of all kinds (products intended for resale such as posters, calendars, dolls, games, toys, stuffed animals, sporting articles, household, bathroom and kitchen goods, clothing articles, printed matter including comics, sound carriers, headgear, buttons, etc.), in particular interactive and multimedia products (such as computer games).
2.2.5 Right of processing: The content may be altered as long as it can be assumed that the alterations will not entail any disadvantages for the author, the model shown or for other third parties, as for example interference with the authors' personal rights, damage to reputation, infringement of proprietary rights. In no event may the contents be distorted by the alteration.

2.3 License for layout images/contents
2.3.1 Supplier grants customers restricted use of all contents, with or without watermarks, for the sole purpose of preparing drafts, sample layouts, and demo presentations in view of the purchase of a content.
2.3.2 The free layout images/contents may not be used in end products - either for internal or for external purposes.
2.3.3 Layout images/contents may not be made accessible to the public, meaning they may not be used on another website, a server with free online access, or a company's intranet.

3. Copyright Notice
Within the scope of use for editorial purposes, customers must name - in the manner customary for each type of utilization and together with the contents itself as far as this is technically possible - both Supplier and the author (with the name given upon uploading the contents) in the following form: "? name of the author/maXximages.com".

4. Use Not Permitted
The contents may not be used
(a) for pornographic, sexist, defamatory, slanderous or racist images or for depictions offensive to minorities or religious feelings;
(b) in a manner disparaging for the author or the person(s) depicted, or if it can be assumed that the author or the person depicted may not approve of the publication (despite a so-called model release - declaration of release). For clarification: This applies to all images depicting the person in a situation which may violate such persons personal rights, including sexual acts or implied sexual acts or preferences, use or abuse of drugs, crimes, physical or mental abuse or pain, or any other situation likely to be deemed offensive to any person depicted in the contents (for example dating pages, escort services, erotic offers, pornographic offers, pages morally harmful for adolescents). In this event, an express written approval from the person concerned must be obtained through Supplier (against a flat fee);
(c) as trademark, registered design, logo or company symbol or as part thereof;
(d) for the use in templates intended for resale, for example templates for websites, flash templates, templates for business cards, for electronic greeting cards and for the design of brochures;
(e) for inadmissible communication measures, either direct or indirect (for example spamming);
(f) for other wrongful acts.

5. Transfer of the Rights of Use
5.1 The rights of use are transferred in accordance with the respective license at the time the ordering process is completed
5.2 The transfer is subject to the condition precedent that the license fee payable is paid within the time for payment specified in the invoice. The time decisive for observing the time limit for payment is the receipt of the payment by Supplier.
5.3 In case of late payment, the rights of use revert to Supplier. This shall not affect the customer's obligation to pay.
5.4 Upon payment, the rights of use are granted again retroactively as from the time of first transfer.

6. License Fee
6.1 The fee becomes due and payable immediately upon completion of the ordering process. The terms of license fee payment contained in the Terms and Conditions of Use apply.
6.2 If the customer does not publish or utilize the content, Supplier is obligated neither to take the content back nor to refund the license fee.

7. Limited Representations and Warranties
7.1 Customers are responsible for obtaining the approvals required for each use of the contents if such approvals have not been obtained by then. This applies in particular to depictions of persons, works of art or architecture, places not accessible to the public or other depictions containing names, firm names, marks, registered designs or copyright protected works (Section 2 of the Copyright Law) or affecting other proprietary rights of third parties.
7.2 If it is not stated in the image description that a model release exists in the data concerning the content on the website, the rights of use are granted without model release. The customer shall be responsible for obtaining all necessary releases. However, Supplier is prepared to cooperate with the customer in obtaining such releases (for a flat fee).
7.3 If it is not stated in the data concerning the contents on the website that a property release exists, the rights of use are granted without property release. The customer shall be responsible for obtaining all necessary releases (such as a release with respect to any possible proprietary rights apart from the property release, see 7.4). However, Supplier is prepared to cooperate with the customer in obtaining such releases (for a flat fee).
7.4 Supplier is not in possession of releases/permits from manufacturers of commercial products (for example motor vehicles, airplanes, packaging material, designer clothing, etc.). However, releases are often obtainable on a case-to-case basis. It is the sole responsibility of the customer to ascertain whether a permit from the proprietary right owner is required in connection with utilization of contents. The customer is responsible for obtaining all necessary releases. However, Supplier is prepared to cooperate with the customer in obtaining such releases (for a flat fee).
7.5 Irrespective of this, Supplier has no obligation to cooperate, nor does Supplier owe any success.
7.6 Supplier's liability and the liability of its vicarious agents for the breach of contractual duties and for tort are restricted to intent and gross negligence. This shall not apply in the event of any damage to life, body and health, claims due to a violation of cardinal obligations and compensation for damage caused by default. In this respect, Supplier is liable for each degree of its fault or the fault of its vicarious agents.
7.7 Liability for the violation of cardinal obligations shall be limited to foreseeable, typically occurring damage.

8. Final Provisions
8.1 The Province of British Columbia shall be the exclusive place of jurisdiction for customers who are businessmen, legal entities under public law or special funds under public law.
8.2 This contract of use is subject exclusively to the substantive law of Canada.
8.3 Should individual clauses be invalid, this shall not affect the validity of the remaining clauses.

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Rights Managed Licensing Terms

 

MAXX IMAGES LICENSING AND DELIVERY TERMS

I. Definitions:
1.1
Under the present terms and conditions (hereinafter the ?Agreement?), the following definitions shall apply:
1.1.1 maXx images: means maXx images inc. as supplier and licensor of the Visual Content.
1.1.2 Client: means the person or entity who requests and receives the Visual Content and to whom, where applicable, the Visual Content is licensed.
1.1.3 Delivery Memo: means the document issued by maXx images, listing all the Visual Content supplied to the Client.
1.1.4 Editorial Use: means the use of the Visual Content relating to events that are newsworthy or of public interest and identified as such on the maXx images?s website and expressly excludes any advertorial sections (i.e. sections or supplements in relation to which the Client/Final Client receives a fee from a third-party advertiser or sponsor).
1.1.5 End-Use: means the final work product created by the Client or Final Client which incorporates a Reproduction of the Visual Content, as authorized hereunder.
1.1.6 Final Client: means, where applicable, the person or entity on whose behalf the Client requests and licenses the Visual Content.
1.1.7 Visual Content: means the visual content which may consist in photographs, illustrations, video-clips/footage or other visual content, whether generated optically, electronically, digitally or by any other means which is licensed by maXx images to the Client/Final Client under the present Agreement.
1.1.8 Invoice: means the document issued by maXx images which shall include, without limitation, a list of the Visual Content selected, the license granted to the Client or Final Client, the corresponding fee for such license and the payment terms.
1.1.9 Reproduction: means any form of copying or publication, of the whole or part, of the Visual Content by any means whatsoever. Reproduction also includes any distortion or manipulation, of the whole or part, of the Visual Content and the creation of any derivative work from, or that incorporates, the Visual Content.
1.1.10 Rights Managed Visual Content (RM Visual Content): means the Visual Content whose use is subject to the Rights Managed Licensing Terms, as set out in Section III herein.
1.1.11 Royalty Free Visual Content (RF Visual Content): means the Visual Content whose use is subject to the Royalty Free Licensing Terms, as set out in section IV herein.
1.1.12 User: means any employee or subcontractor of the Client or Final Client who downloads, manipulates, edits, modifies or saves the digital file containing the Visual Content and is otherwise directly involved in the creative process utilizing the Visual Content; or incorporates the Visual Content within any derivative work.

II. Terms of Delivery of the Visual Content
2.1
Before supplying any Rights Managed Visual Content for Reproduction, the Client must provide maXx images with all the required information regarding the intended use.
2.2
The Visual Content is supplied on LOAN and NO property or copyright in any Visual Content shall pass to the Client or Final Client on its submission or on licensing of the Visual Content.
2.3
Unless maXx images is otherwise notified in writing by the Client, within 48 hours of receipt of the Visual Content, all Visual Content received shall be considered to be suitable and appropriate and in perfect condition.
2.4
Upon termination or expiration of the license for the use of any Rights Managed Visual Content, the Client shall cease any and all use of it and promptly erase or destroy any reproducible copies of the same.
2.5
Client must retain the copyright symbol, the name of maXx images, the Visual Content's identification number and any other information as may be embedded in the electronic file containing the original Visual Content. Client shall maintain a robust firewall to safeguard against unauthorized third-party access to the Visual Content.
2.6
The following credit line is required for any editorial use of any Visual Content ?? Photographer?s name/maXximages.com? or "? maXximages.com? if no other name is mentioned with the Visual Content. For commercial uses, you shall include the credit described above when customary and appropriate.

III. Licensing terms for Rights Managed Visual Content (RM Visual Content)
3.1
Unless otherwise specified in the Invoice, the RM Visual Content is licensed on a non-exclusive basis and is strictly limited to the use, medium, period of time, print run, placement, size of image, territory, language and any other restrictions specified on the Invoice, which is incorporated into the present Agreement by this reference, and as incorporated together with the present terms constitutes the full license granted.
3.2
Unless otherwise stated in the Invoice, all licenses on the RM Visual Content are non-exclusive and granted for a single publication, single size, single territory, in one single language, and for a term of one (1) year from the date the applicable Invoice is issued. All rights not specifically granted to the Client are reserved.
3.3
The license granted on the RM Visual Content to the Client is non-transferable and non-assignable and may not be transferred or assigned to anyone without the prior written authorization of maXx images. This means that any work that the Client produces using the RM Visual Content must be for the Client?s own use or for the use of its direct employer or client, who must be the end-user of its work (Final Client) and as long as all relevant data pertaining to any such end-user is clearly stated in the Invoice for having been provided to maXx images prior to licensing. Notwithstanding the foregoing, the rights to use and reproduce the RM Visual Content may be exercised by subcontractors of the Client/Final Client for preparation of the End-Use, provided that such subcontractors agree to abide bythe terms of this Agreement.
3.4
The RM Visual Content cannot be used for any of the purposes listed in Section V of this Agreement.
3.5
The license fee on the RM Visual Content depends on the nature of the rights granted; therefore the Client undertakes to obtain an additional license before undertaking any expanded use of the RM Visual Content.
3.6
The RM Visual Content which is restricted to Editorial Use may not be used for any commercial, promotional, endorsement, advertising or merchandising use without the prior written authorization of maXx images.

3.7 The RM Visual Content restricted to Editorial Use may be cropped or otherwise edited for technical quality, provided that the editorial integrity of the Licensed Material is not compromised, but shall not, under any circumstances, otherwise be altered.
3.8 The Client may only make one (1) high-resolution backup copy of the RM Visual Content for security purposes only and therefore shall not make any other additional high resolution copy of the RM Visual Content without the prior written authorization of maXx images.

IV. Licensing Terms for the Royalty Free Visual Content (RF Visual Content)
4.1
The license granted on the RF Visual Content is a perpetual, non-exclusive, non-transferable, non-sublicensable worldwide right to Reproduce the RF Visual Content identified in the Invoice an unlimited number of times in any and all media for all purposes other than those uses prohibited in this Section and under Section V of this Agreement.
4.2
The Client who purchases a license may have the RF Visual Content Reproduced by subcontractors of Client for preparation of the End-Use, provided that such subcontractors agree to abide by the provisions of this Agreement.
4.3
The Client may not, without obtaining the prior written consent of maXx images and the payment of an additional license fee: (i) include the RF Visual Content in an electronic template intended to be Reproduced by third parties on electronic or printed products; or (ii) use or display RF Visual Content on websites or in any other medium involving the sale, license or other distribution of "on demand" products where the primary value of the product resides in the RF Visual Content itself including, without limitation, postcards, mugs, t-shirts, calendars, posters, screensavers or wallpapers on mobile telephones, or similar items.
4.4
The Client may store the RF Visual Content in a digital library, network configuration or similar arrangement to allow the RF Visual Content to be viewed by its employees, contractors and Final Client, so long as there are no more than ten (10) Users. Client must purchase additional seat licenses if there are more than ten (10) Users before such additional use begins.

V. Restriction on Use of the Visual Content
5.1
The Visual Content cannot be used in the following ways:
5.1.1 for any pornographic, unlawful purpose or use or to defame any person or violate any person's right of privacy or publicity or to infringe upon any copyright, trade name, trademark ?or service mark of any person or entity. Advance written permission from maXx images is required for use of any Visual Content for sensitive subjects, including without limitation, topics that may depict the subject matter of the Visual Content in a negative or unfavourable light.
5.1.2 used as or form part of a logo, trade name, service mark or trademark or used to infringe on anyone?s logo, trade name, service mark or trademark.
5.1.3 to sell, license or distribute any derivative work containing any Visual Content (End-Use) in a way that would allow a third party to download, extract or access the Visual Content as a stand-alone file.
5.1.4 to be used in a way to allow or invite a third party to download, extract or access the Visual Content as a stand-alone file.

VI. Releases and Third Party Rights
6.1
Unless maXx images expressly states otherwise in writing, and given that the Client and/or the Final Client are the only parties apprised of the specific context in which the Visual Content shall be used, the Client hereby acknowledges that the license granted by maXx images does not include a license to, and maXx images makes no warranties or representations that it licenses any rights related to any person depicted in the Visual Content, nor maXx images can guarantee to be in possession (or the validity or effectiveness and scope if applicable) of the necessary authorizations from the persons depicted in the Visual Content for the intended use of the Visual Content. The same shall apply with regard to the authorizations that may be required for the use of names, brands, logos, entities or corporations which may also appear in the Visual Content.
6.2
Also, unless otherwise agreed in writing, and given that the Client or the End-User is the only party privy to the specific context in which the Visual Content shall be used, maXx images neither transfers nor guarantees that it possesses any exploitation rights to the designs and works of art (e.g. architectural works), that may appear reproduced in the Visual Content. Therefore, when the license is granted to reproduce the Visual Content, the reproduction being authorized pertains solely to the Visual Content, independently of any rights that may correspond to the copyright holders of the work appearing in said Visual Content.
6.3 Unless otherwise agreed in writing, maXx images shall not undertake to obtain the authorizations referred to in previous paragraphs 6.1 and 6.2, whereby the Client and/or the End-User must be the ones responsible to obtain such authorizations, if necessary. Therefore, the Client and/or the End-User shall be solely responsible to third parties for the use of the Visual Content, therefore holding maXx images absolutely harmless to that end.
6.4
maXx images shall not be held liable for any conflict that may arise as a result of any digital or analogue manipulation of the Visual Content, incorrect, improper or unauthorized use of the Visual Content, such as, for instance, those that serve to illustrate texts or contexts (of any kind, including advertising and commercial ones) that may harm the rights or interests of persons, companies, corporations, etc, and, in particular, when they may be considered slanderous, defamatory or infringing on third party rights, or otherwise illegal.

VII. Payment
7.1
The Client is responsible for ensuring that all information appearing on the Invoice is true, accurate and complete.
7.2 All license fees are exclusive of any applicable sales or other transactional taxes, which are the sole responsibility of the Client (if any).
7.3
A late payment charge of one and one-half percent (2%) per month or the highest amount allowed by law shall be applied on any unpaid balance after the due date for payment stipulated on the Invoice. The maximum amount permitted by Provincial or State law shall be imposed on each returned check.

?VIII. Credit or Cancellation
8.1
If any Rights Managed licensed Visual Content is not reproduced by the Client in any way, the Client can, within thirty (30) days of the Invoice date, request in writing, the cancellation of the license. maXx images may then proceed to cancel the licence and issue a credit to the Client?s account or credit card in the following ways:
8.1.1 an amount up to 100% of the license fee may be credited, if the request is received within 10 days of the Invoice date; or
8.1.2 an amount up to 50% of the license fee may be credited, if the request is received between 11 and 30 days of the Invoice date.
8.1.3 after thirty (30) days of the Invoice date, no cancellations will be accepted on the Visual Content and the full amount invoiced must be paid.
8.2 All Royalty Free licensed Visual Content purchased from maXx images' website or emailed to client by a maXx images representative is non-returnable. All sales are final on all Royalty Free licensed Visual Content.

IX. Limited Warranty and Limitation of Liability
9.1 maXx images warrants i) any digital copy of any Visual Content to be free from defects in material and workmanship for ninety (90) days from delivery and ii) it has all necessary rights and authority to enter into and perform this Agreement. The Client?s sole and exclusive remedy for a breach of this warranty is the replacement of the defective Visual Content. MAXX IMAGES GRANTS NO RIGHTS AND MAKES NO WARRANTIES WITH REGARDS TO THE USE OF NAMES, TRADEMARKS, TRADE DRESS, DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY VISUAL CONTENT, AND YOU MUST SATISFY YOURSELF THAT ALL THE NECESSARY RIGHTS AND CONSENTS REGARDING ANY OF THE ABOVE, AS MAY BE REQUIRED FOR THE INTENDED USE HAVE BEEN OBTAINED. WHILE MAXX IMAGES MAKES EFFORTS TO USE ACCURATE CAPTION INFORMATION, MAXX IMAGES DOES NOT WARRANT THAT SUCH INFORMATION IS ACCURATE. MAXX IMAGES MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED REGARDING ANY VISUAL CONTENT INCLUDING, WITHOUT LIMITATION, THAT THE VISUAL CONTENT IS ERROR FREE, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9.2 EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER MAXX IMAGES NOR ANY MAXX IMAGES SUBSIDIARY, SUCCESSOR, PARENT, AFFILIATE, PARTNER, OFFICER, DIRECTOR, EMPLOYEE, CONTENT PROVIDER, LICENSOR, DISTRIBUTOR OR AGENT SHALL BE LIABLE FOR ANY DAMAGES, OR LOSS OF PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF THE USE OR INABILITY TO USE THE VISUAL CONTENT OR OTHERWISE.
9.3 THE REPRESENTATIONS AND WARRANTIES MADE BY MAXX IMAGES IN THIS AGREEMENT APPLY ONLY TO THE VISUAL CONTENT AS DELIVERED BY MAXX IMAGES AND WILL BE INVALID IF THE VISUAL CONTENT IS USED IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT.

X. Data Protection
10.1
maXx images hereby informs the Client that any personal data that is provide to maXx images for the purposes of servicing the Client, which may include, but is not limited to, personal data of the Client?s representative or any other individual which may be required to fulfil this Agreement.
10.2
This information will be processed and controlled by maXx images and used for internal purposes only and more particularly to fulfil licensing transactions, maintain the Client?s account and send marketing communication to inform the Client of new products or services or for promotional purposes to send the Client updates on our latest promotions and offers.
10.3
By making this information available to maXx images the Client is agreeing to allow us to share this information with maXx images?s partners, subsidiaries, affiliates, any third party content provider, necessary payment processors or third parties whose services are required to carry out Client?s order. We also reserve the right to disclose the Client?s personal information if required to do so by law or in order to comply with any legal process.
10.4
The Client represents and warrants to maXx images that, prior to disclosing to maXx images any personal data of any individual required to fulfil this Agreement (other than the individual who accepts this Agreement in his/her name and on his/her behalf), the Client shall notify this individual of: i) his/her disclosure of his/her personal data to maXx images for the purposes specified in the present Agreement, ii) the personal data which is being disclosed in this regard and; iii) maXx images's identity and address. The Client accepts and agrees to indemnify and hold harmless maXx images for their failure to comply with this obligation.
10.5
The Client may, at any time, access, correct, update or require us to delete his/her personal data by sending a petition by e-mail to licensing@maxximages.com regular mail to the following address: PO Box 30064, North Vancouver, British Columbia, Canada, V7H 2Y8.

XI. Unauthorized uses and Indemnification
11.1
Any use of any Visual Content in a manner not expressly authorized by/or in breach of the present Agreement constitutes infringement of copyright, entitling maXx images to exercise all rights and remedies available under applicable copyright and other laws.
11.2
The Client agrees to indemnify and hold harmless maXx images and its content providers, officers, directors, employees, contractors, subsidiaries, partners, affiliates, licensors and distributors or agents against all claims (including without limitation, claims by third parties), liability, damages, judgments, settlements, costs and expenses, including reasonable legal fees and expenses, arising out of or related to i) the Client?s breach of any terms and conditions or restrictions of the present Agreement (including any terms, conditions and restrictions included on the Invoice); ii) the Client?s use or modification of the Visual Content or the combination of any Visual Content with any text or other Visual Content; iii) Client?s failure to obtain from third parties all necessary permissions to usethe Visual Content; and iv) any unauthorized use of the Visual Content.

XII. Severability
12.1
Should any provision of this Agreement be found invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected and shall remain in full force and effect. Such provisions shall be revised only to the extent necessary to make them enforceable.

XIII. Entire Agreement, Waiver
13.1
This Agreement contains all the terms of the license agreement for the Visual Content and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of both parties. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other communication sent by you, the terms of this Agreement shall govern. No action of maXx images, other than an express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of maXx images in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by maXx images of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy by maXx images on any one occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion.

XIV. Law and Venue

14.1 This Agreement and all matters collateral thereto shall be governed by and construed in accordance with the laws of the Canada, excluding the application of its conflicts of law rules, and any dispute arising hereunder shall be litigated solely in a court of competent jurisdiction in British Columbia, Canada. Notwithstanding the foregoing, this provision shall not prevent MaXx Images, from addressing any competent court, tribunal or venue to which it might be entitled, in order to seek for interim measures or any other legal remedies.
14.2 This Agreement shall not be governed by the United Nations Convention on Contracts for the ?International Sale of Goods, the application of which is expressly disclaimed.

If you are unsure of your rights under this License Agreement or would like to acquire additional rights, please contact us at our toll free number 1-888-511-3939 or send us an email to info@maxximages.com.

 

 

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Royalty Free Licensing Terms maXx images

When purchasing royalty free image(s) and/or cd(s) you are bound by the End User License Agreement. Please note the specific collection the image(s) and/or cd(s) and/or video you have selected are from and click on the collection's name on the left to review their End User License Agreement.

In the event that the End User License Agreement of a specific collection is not applicable in your jurisdiction, then the maXx images' End User License Agreement posted below will apply.


Royalty Free License Information for maXx images inc.

This End User License Agreement is applicable to the following collections:

aflo
alaskan express
Arco Images RF
atoz
Aurora Photos Inc., RF
Best View Stock
Bluemoon Stock
BSIP RF
Built Images
Caiaimage
Camera Lucida RF
Citizen Stock RF
Creativ Collection
Cultura
Denkou Images
Dinodia Photo RF
Doc-Stock GMBH RF
Ecostock RF
Extreme Sports Photo RF
F1online RF
Flystock

 

Glow Asia
Glow Image s
Hola Images
Gulf Images
Huntstock Inc.
Ice Team Images
I Dream Stock RF
Illustration Works Inc, RF
Images Zoo
Insadco Photogrpahy RF
Johner
Koblonk!
Mixa
Mylife Photos
No Strings
Moodboard RF
Naturbild
Novarc Images RF
NOVO Images
Old Visuals
Panoramic Images RF
Photo Stock LA
Pixmann
Premium Stock Photography RF
Science Photo Library
Simple Stock Shots
Smart Magna
Spaces Images RF
Stockbroker
Supraphoto
Tips Images RF
Top Photo Group RF
Universal Images Group RF
WaterFrame RF
Wavebreak Media Ultra
World Travel Images Inc., RF
Wikishots
Zoonar GmbH RF

All other collections whose End User License Agreement
is not applicable in your jurisdiction.

MAXX IMAGES LICENSING AND DELIVERY TERMS

I. Definitions:
1.1
Under the present terms and conditions (hereinafter the ?Agreement?), the following definitions shall apply:
1.1.1 maXx images: means maXx images inc. as supplier and licensor of the Visual Content.
1.1.2 Client: means the person or entity who requests and receives the Visual Content and to whom, where applicable, the Visual Content is licensed.
1.1.3 Delivery Memo: means the document issued by maXx images, listing all the Visual Content supplied to the Client.
1.1.4 Editorial Use: means the use of the Visual Content relating to events that are newsworthy or of public interest and identified as such on the maXx images?s website and expressly excludes any advertorial sections (i.e. sections or supplements in relation to which the Client/Final Client receives a fee from a third-party advertiser or sponsor).
1.1.5 End-Use: means the final work product created by the Client or Final Client which incorporates a Reproduction of the Visual Content, as authorized hereunder.
1.1.6 Final Client: means, where applicable, the person or entity on whose behalf the Client requests and licenses the Visual Content.
1.1.7 Visual Content: means the visual content which may consist in photographs, illustrations, video-clips/footage or other visual content, whether generated optically, electronically, digitally or by any other means which is licensed by maXx images to the Client/Final Client under the present Agreement.
1.1.8 Invoice: means the document issued by maXx images which shall include, without limitation, a list of the Visual Content selected, the license granted to the Client or Final Client, the corresponding fee for such license and the payment terms.
1.1.9 Reproduction: means any form of copying or publication, of the whole or part, of the Visual Content by any means whatsoever. Reproduction also includes any distortion or manipulation, of the whole or part, of the Visual Content and the creation of any derivative work from, or that incorporates, the Visual Content.
1.1.10 Rights Managed Visual Content (RM Visual Content): means the Visual Content whose use is subject to the Rights Managed Licensing Terms, as set out in Section III herein.
1.1.11 Royalty Free Visual Content (RF Visual Content): means the Visual Content whose use is subject to the Royalty Free Licensing Terms, as set out in section IV herein.
1.1.12 User: means any employee or subcontractor of the Client or Final Client who downloads, manipulates, edits, modifies or saves the digital file containing the Visual Content and is otherwise directly involved in the creative process utilizing the Visual Content; or incorporates the Visual Content within any derivative work.

II. Terms of Delivery of the Visual Content
2.1
Before supplying any Rights Managed Visual Content for Reproduction, the Client must provide maXx images with all the required information regarding the intended use.
2.2
The Visual Content is supplied on LOAN and NO property or copyright in any Visual Content shall pass to the Client or Final Client on its submission or on licensing of the Visual Content.
2.3
Unless maXx images is otherwise notified in writing by the Client, within 48 hours of receipt of the Visual Content, all Visual Content received shall be considered to be suitable and appropriate and in perfect condition.
2.4
Upon termination or expiration of the license for the use of any Rights Managed Visual Content, the Client shall cease any and all use of it and promptly erase or destroy any reproducible copies of the same.
2.5
Client must retain the copyright symbol, the name of maXx images, the Visual Content's identification number and any other information as may be embedded in the electronic file containing the original Visual Content. Client shall maintain a robust firewall to safeguard against unauthorized third-party access to the Visual Content.
2.6
The following credit line is required for any editorial use of any Visual Content ?? Photographer?s name/maXximages.com? or "? maXximages.com? if no other name is mentioned with the Visual Content. For commercial uses, you shall include the credit described above when customary and appropriate.

III. Licensing terms for Rights Managed Visual Content (RM Visual Content)
3.1
Unless otherwise specified in the Invoice, the RM Visual Content is licensed on a non-exclusive basis and is strictly limited to the use, medium, period of time, print run, placement, size of image, territory, language and any other restrictions specified on the Invoice, which is incorporated into the present Agreement by this reference, and as incorporated together with the present terms constitutes the full license granted.
3.2
Unless otherwise stated in the Invoice, all licenses on the RM Visual Content are non-exclusive and granted for a single publication, single size, single territory, in one single language, and for a term of one (1) year from the date the applicable Invoice is issued. All rights not specifically granted to the Client are reserved.
3.3
The license granted on the RM Visual Content to the Client is non-transferable and non-assignable and may not be transferred or assigned to anyone without the prior written authorization of maXx images. This means that any work that the Client produces using the RM Visual Content must be for the Client?s own use or for the use of its direct employer or client, who must be the end-user of its work (Final Client) and as long as all relevant data pertaining to any such end-user is clearly stated in the Invoice for having been provided to maXx images prior to licensing. Notwithstanding the foregoing, the rights to use and reproduce the RM Visual Content may be exercised by subcontractors of the Client/Final Client for preparation of the End-Use, provided that such subcontractors agree to abide bythe terms of this Agreement.
3.4
The RM Visual Content cannot be used for any of the purposes listed in Section V of this Agreement.
3.5
The license fee on the RM Visual Content depends on the nature of the rights granted; therefore the Client undertakes to obtain an additional license before undertaking any expanded use of the RM Visual Content.
3.6
The RM Visual Content which is restricted to Editorial Use may not be used for any commercial, promotional, endorsement, advertising or merchandising use without the prior written authorization of maXx images.

3.7 The RM Visual Content restricted to Editorial Use may be cropped or otherwise edited for technical quality, provided that the editorial integrity of the Licensed Material is not compromised, but shall not, under any circumstances, otherwise be altered.
3.8 The Client may only make one (1) high-resolution backup copy of the RM Visual Content for security purposes only and therefore shall not make any other additional high resolution copy of the RM Visual Content without the prior written authorization of maXx images.

IV. Licensing Terms for the Royalty Free Visual Content (RF Visual Content)
4.1
The license granted on the RF Visual Content is a perpetual, non-exclusive, non-transferable, non-sublicensable worldwide right to Reproduce the RF Visual Content identified in the Invoice an unlimited number of times in any and all media for all purposes other than those uses prohibited in this Section and under Section V of this Agreement.
4.2
The Client who purchases a license may have the RF Visual Content Reproduced by subcontractors of Client for preparation of the End-Use, provided that such subcontractors agree to abide by the provisions of this Agreement.
4.3
The Client may not, without obtaining the prior written consent of maXx images and the payment of an additional license fee: (i) include the RF Visual Content in an electronic template intended to be Reproduced by third parties on electronic or printed products; or (ii) use or display RF Visual Content on websites or in any other medium involving the sale, license or other distribution of "on demand" products where the primary value of the product resides in the RF Visual Content itself including, without limitation, postcards, mugs, t-shirts, calendars, posters, screensavers or wallpapers on mobile telephones, or similar items.
4.4
The Client may store the RF Visual Content in a digital library, network configuration or similar arrangement to allow the RF Visual Content to be viewed by its employees, contractors and Final Client, so long as there are no more than ten (10) Users. Client must purchase additional seat licenses if there are more than ten (10) Users before such additional use begins.

V. Restriction on Use of the Visual Content
5.1
The Visual Content cannot be used in the following ways:
5.1.1 for any pornographic, unlawful purpose or use or to defame any person or violate any person's right of privacy or publicity or to infringe upon any copyright, trade name, trademark ?or service mark of any person or entity. Advance written permission from maXx images is required for use of any Visual Content for sensitive subjects, including without limitation, topics that may depict the subject matter of the Visual Content in a negative or unfavourable light.
5.1.2 used as or form part of a logo, trade name, service mark or trademark or used to infringe on anyone?s logo, trade name, service mark or trademark.
5.1.3 to sell, license or distribute any derivative work containing any Visual Content (End-Use) in a way that would allow a third party to download, extract or access the Visual Content as a stand-alone file.
5.1.4 to be used in a way to allow or invite a third party to download, extract or access the Visual Content as a stand-alone file.

VI. Releases and Third Party Rights
6.1
Unless maXx images expressly states otherwise in writing, and given that the Client and/or the Final Client are the only parties apprised of the specific context in which the Visual Content shall be used, the Client hereby acknowledges that the license granted by maXx images does not include a license to, and maXx images makes no warranties or representations that it licenses any rights related to any person depicted in the Visual Content, nor maXx images can guarantee to be in possession (or the validity or effectiveness and scope if applicable) of the necessary authorizations from the persons depicted in the Visual Content for the intended use of the Visual Content. The same shall apply with regard to the authorizations that may be required for the use of names, brands, logos, entities or corporations which may also appear in the Visual Content.
6.2
Also, unless otherwise agreed in writing, and given that the Client or the End-User is the only party privy to the specific context in which the Visual Content shall be used, maXx images neither transfers nor guarantees that it possesses any exploitation rights to the designs and works of art (e.g. architectural works), that may appear reproduced in the Visual Content. Therefore, when the license is granted to reproduce the Visual Content, the reproduction being authorized pertains solely to the Visual Content, independently of any rights that may correspond to the copyright holders of the work appearing in said Visual Content.
6.3 Unless otherwise agreed in writing, maXx images shall not undertake to obtain the authorizations referred to in previous paragraphs 6.1 and 6.2, whereby the Client and/or the End-User must be the ones responsible to obtain such authorizations, if necessary. Therefore, the Client and/or the End-User shall be solely responsible to third parties for the use of the Visual Content, therefore holding maXx images absolutely harmless to that end.
6.4
maXx images shall not be held liable for any conflict that may arise as a result of any digital or analogue manipulation of the Visual Content, incorrect, improper or unauthorized use of the Visual Content, such as, for instance, those that serve to illustrate texts or contexts (of any kind, including advertising and commercial ones) that may harm the rights or interests of persons, companies, corporations, etc, and, in particular, when they may be considered slanderous, defamatory or infringing on third party rights, or otherwise illegal.

VII. Payment
7.1
The Client is responsible for ensuring that all information appearing on the Invoice is true, accurate and complete.
7.2 All license fees are exclusive of any applicable sales or other transactional taxes, which are the sole responsibility of the Client (if any).
7.3
A late payment charge of one and one-half percent (2%) per month or the highest amount allowed by law shall be applied on any unpaid balance after the due date for payment stipulated on the Invoice. The maximum amount permitted by Provincial or State law shall be imposed on each returned check.

?VIII. Credit or Cancellation
8.1
If any Rights Managed licensed Visual Content is not reproduced by the Client in any way, the Client can, within thirty (30) days of the Invoice date, request in writing, the cancellation of the license. maXx images may then proceed to cancel the licence and issue a credit to the Client?s account or credit card in the following ways:
8.1.1 an amount up to 100% of the license fee may be credited, if the request is received within 10 days of the Invoice date; or
8.1.2 an amount up to 50% of the license fee may be credited, if the request is received between 11 and 30 days of the Invoice date.
8.1.3 after thirty (30) days of the Invoice date, no cancellations will be accepted on the Visual Content and the full amount invoiced must be paid.
8.2 All Royalty Free licensed Visual Content purchased from maXx images' website or emailed to client by a maXx images representative is non-returnable. All sales are final on all Royalty Free licensed Visual Content.

IX. Limited Warranty and Limitation of Liability
9.1 maXx images warrants i) any digital copy of any Visual Content to be free from defects in material and workmanship for ninety (90) days from delivery and ii) it has all necessary rights and authority to enter into and perform this Agreement. The Client?s sole and exclusive remedy for a breach of this warranty is the replacement of the defective Visual Content. MAXX IMAGES GRANTS NO RIGHTS AND MAKES NO WARRANTIES WITH REGARDS TO THE USE OF NAMES, TRADEMARKS, TRADE DRESS, DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY VISUAL CONTENT, AND YOU MUST SATISFY YOURSELF THAT ALL THE NECESSARY RIGHTS AND CONSENTS REGARDING ANY OF THE ABOVE, AS MAY BE REQUIRED FOR THE INTENDED USE HAVE BEEN OBTAINED. WHILE MAXX IMAGES MAKES EFFORTS TO USE ACCURATE CAPTION INFORMATION, MAXX IMAGES DOES NOT WARRANT THAT SUCH INFORMATION IS ACCURATE. MAXX IMAGES MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED REGARDING ANY VISUAL CONTENT INCLUDING, WITHOUT LIMITATION, THAT THE VISUAL CONTENT IS ERROR FREE, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9.2 EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER MAXX IMAGES NOR ANY MAXX IMAGES SUBSIDIARY, SUCCESSOR, PARENT, AFFILIATE, PARTNER, OFFICER, DIRECTOR, EMPLOYEE, CONTENT PROVIDER, LICENSOR, DISTRIBUTOR OR AGENT SHALL BE LIABLE FOR ANY DAMAGES, OR LOSS OF PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF THE USE OR INABILITY TO USE THE VISUAL CONTENT OR OTHERWISE.
9.3 THE REPRESENTATIONS AND WARRANTIES MADE BY MAXX IMAGES IN THIS AGREEMENT APPLY ONLY TO THE VISUAL CONTENT AS DELIVERED BY MAXX IMAGES AND WILL BE INVALID IF THE VISUAL CONTENT IS USED IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT.

X. Data Protection
10.1
maXx images hereby informs the Client that any personal data that is provide to maXx images for the purposes of servicing the Client, which may include, but is not limited to, personal data of the Client?s representative or any other individual which may be required to fulfil this Agreement.
10.2
This information will be processed and controlled by maXx images and used for internal purposes only and more particularly to fulfil licensing transactions, maintain the Client?s account and send marketing communication to inform the Client of new products or services or for promotional purposes to send the Client updates on our latest promotions and offers.
10.3
By making this information available to maXx images the Client is agreeing to allow us to share this information with maXx images?s partners, subsidiaries, affiliates, any third party content provider, necessary payment processors or third parties whose services are required to carry out Client?s order. We also reserve the right to disclose the Client?s personal information if required to do so by law or in order to comply with any legal process.
10.4
The Client represents and warrants to maXx images that, prior to disclosing to maXx images any personal data of any individual required to fulfil this Agreement (other than the individual who accepts this Agreement in his/her name and on his/her behalf), the Client shall notify this individual of: i) his/her disclosure of his/her personal data to maXx images for the purposes specified in the present Agreement, ii) the personal data which is being disclosed in this regard and; iii) maXx images's identity and address. The Client accepts and agrees to indemnify and hold harmless maXx images for their failure to comply with this obligation.
10.5
The Client may, at any time, access, correct, update or require us to delete his/her personal data by sending a petition by e-mail to licensing@maxximages.com regular mail to the following address: PO Box 30064, North Vancouver, British Columbia, Canada, V7H 2Y8.

XI. Unauthorized uses and Indemnification
11.1
Any use of any Visual Content in a manner not expressly authorized by/or in breach of the present Agreement constitutes infringement of copyright, entitling maXx images to exercise all rights and remedies available under applicable copyright and other laws.
11.2
The Client agrees to indemnify and hold harmless maXx images and its content providers, officers, directors, employees, contractors, subsidiaries, partners, affiliates, licensors and distributors or agents against all claims (including without limitation, claims by third parties), liability, damages, judgments, settlements, costs and expenses, including reasonable legal fees and expenses, arising out of or related to i) the Client?s breach of any terms and conditions or restrictions of the present Agreement (including any terms, conditions and restrictions included on the Invoice); ii) the Client?s use or modification of the Visual Content or the combination of any Visual Content with any text or other Visual Content; iii) Client?s failure to obtain from third parties all necessary permissions to usethe Visual Content; and iv) any unauthorized use of the Visual Content.

XII. Severability
12.1
Should any provision of this Agreement be found invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected and shall remain in full force and effect. Such provisions shall be revised only to the extent necessary to make them enforceable.

XIII. Entire Agreement, Waiver
13.1
This Agreement contains all the terms of the license agreement for the Visual Content and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of both parties. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other communication sent by you, the terms of this Agreement shall govern. No action of maXx images, other than an express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of maXx images in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by maXx images of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy by maXx images on any one occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion.

XIV. Law and Venue

14.1 This Agreement and all matters collateral thereto shall be governed by and construed in accordance with the laws of the Canada, excluding the application of its conflicts of law rules, and any dispute arising hereunder shall be litigated solely in a court of competent jurisdiction in British Columbia, Canada. Notwithstanding the foregoing, this provision shall not prevent MaXx Images, from addressing any competent court, tribunal or venue to which it might be entitled, in order to seek for interim measures or any other legal remedies.
14.2 This Agreement shall not be governed by the United Nations Convention on Contracts for the ?International Sale of Goods, the application of which is expressly disclaimed.

 

If you are unsure of your rights under this License Agreement or would like to acquire additional rights (or additional seat licenses), please contact us at our toll free number 1-888-511-3939 or send us an email at info@maxximages.com.

 

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Royalty Free License Information for Big Cheese Photo

END USER LICENSE AGREEMENT

This license agreement ("Agreement") is between you ("Licensee"), and BIG CHEESE PHOTO, LLC. and governs your use of Licensor's Images. YOUR PURCHASE OR USE OF ANY IMAGE OR CD-ROM PRODUCT SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, RETURN THE IMAGE(S) UNUSED FOR A FULL REFUND.

1. License
Subject to the terms of this license agreement, BIG CHEESE PHOTO, L.L.C. grants Licensee a worldwide, non-transferable, non-exclusive right to reproduce, transmit and display, in whole or in part, BIG CHEESE PHOTO, L.L.C. Royalty Free Image(s) (whether available as part of a CD-ROM collection of images or downloaded as a single image) an unlimited number of times, in any and all media for the purposes described below. BIG CHEESE PHOTO, L.L.C. represents that it has the right to grant the license herein. All other rights to the Image(s), CD-ROM and accompanying materials (if applicable), including without limitation, copyright and all other rights, are retained by BIG CHEESE PHOTO, L.L.C.

2. Permitted Uses

  • Any print media, including advertising and promotional materials, editorial publications and consumer merchandise;

  • Any Internet, intranet, Online or web-based media provided the resolution of the images does not exceed 72dpi;

  • Broadcast and theatrical exhibitions;

  • Products intended for resale; provided these products are not intended to allow the re-distribution or re-use of the Image(s); and

  • Additional uses approved in writing by BIG CHEESE PHOTO, L.L.C.
    Licensee may alter, crop, modify or adapt the Images in connection with the above permitted uses. Licensee may make a back-up copy of the Image(s) for internal back-up purposes provided BIG CHEESE PHOTO, L.L.C.'S copyright and any image identifying information is retained with the file. Limited, temporary transfers of the Images are permitted to third parties integral to the creation of the final product, provided such third parties agree to abide by the terms of this agreement.

3. Number of Users / Seat License
Licensee may use the Images on a server, image library or network configuration to be viewed by Licensee provided that no more than 10 persons (including part-time and freelance employees or agents) of Licensee can access the Images. This is NOT a simultaneous user agreement. Before permitting access to more than 10 persons, Licensee must purchase a separate seat license from BIG CHEESE PHOTO,L.L.C. for each additional individual user. Contact: info@maxximages.com

4. Restrictions on Use Except as provide herein, Licensee may not

  • sublicense, sell, assign, convey or transfer any of its rights under this Agreement.

  • sell, license or distribute its final product in such a way that permits Licensee's end users to extract or access the Images as a stand-alone file.

  • Incorporate the Images into a logo, trademark or service mark.

  • Distribute, post or upload the Image(s) online in a downloadable format.

  • Use any Image in a pornographic, defamatory, libelous or otherwise illegal manner, whether directly or in context or juxtaposition with other materials.

5. Product Endorsement Or Sensitive Use Disclaimer
If any Image featuring a model is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or if the depiction of the model is used in connection with a subject that would be unflattering, embarrassing or unduly controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that the person is a model and the Image is being used for illustrative purposes only.

6.Releases
Model releases are available on Image(s) containing models upon request. Names are removed to protect the privacy of the model. Other than model releases for recognizable persons, BIG CHEESE PHOTO, L.L.C. grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Image, and Licensee must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained.

7. Indemnity
Licensee agrees to indemnify and hold BIG CHEESE PHOTO, L.L.C. harmless against all claims arising out of or in connection with any breach of this Agreement.

8. Warranties
BIG CHEESE PHOTO, L.L.C. warrants the Images to be free from defects in material and workmanship for 30 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the Image(s). BIG CHEESE PHOTO, L.L.C. MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BIG CHEESE PHOTO, L.L.C. SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE IMAGES, OR OTHERWISE, EVEN IF BIG CHEESE PHOTO, L.L.C. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. Licensee may have additional rights under state law.

9. Payment Terms
No rights to use the Image(s) are granted until the invoice relating to the Image(s) is paid in full. A service charge of two percent (2%) per month, or such lesser amount allowed by law, will be charged thereafter on any unpaid balance. And claims for adjustment of terms must be made to BIG CHEESE PHOTO, L.L.C. within five (5) days of the receipt of the invoice.

10. Termination
The license contained in this Agreement will terminate automatically without notice from BIG CHEESE PHOTO, L.L.C. if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately (i) stop using the Image(s), (ii) destroy or, upon the request of BIG CHEESE PHOTO, L.L.C., return the Images to BIG CHEESE PHOTO, L.L.C., and (iii) delete or remove the Images from Licensee's premises, computer systems and storage (electronic or physical).

11. Revocation
Licensor reserves the right to revoke the license to use any Image(s) for good cause and elect to replace such Image with an alternative Image. Upon notice of any revocation of a license for any Image(s), Licensee shall immediately cease using such Image (s), shall take all reasonable steps to discontinue use of the replaced Image(s) in products that already exist and shall inform all end-users and clients of same.

12. Severability
If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be reformed only to the extent to make it enforceable.

13. Choice of Law
This Agreement will be governed in all respects by the laws of the State of Washington, without reference to its laws relating to conflicts of law. Licensee agrees that the state and federal courts sitting in King County, in the State of Washington , are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement.

14. Waiver
No action of BIG CHEESE PHOTO, L.L.C., other than express written waiver, may be construed as a waiver of any provision of this Agreement.

15. Entire Contract
This contract contains all the terms of the license agreement and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of both parties.

If you wish to use the Images in a manner not permitted under this License Agreement, please contact MaXx Images at 1-888-511-3939.

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Royalty Free License Information for Design Pics

This End User License Agreement is applicable to the following collections:

Design Pics
The Irish Image Collection Royalty Free


DESIGN PICS INC. "ROYALTY-FREE" END USER LICENSE AGREEMENT

NOTICE: This is a legal contract made between you ("Licensee") and Design Pics Inc. ("Licensor") and should be read carefully.

By acquiring any or all images through your membership, CD Collections, or the purchase of single images, you agree to be bound by this agreement. If you do not agree, do not proceed to download or utilize any images and your membership or purchase fees will be refunded where applicable as provided below.

1. Conditions of Agreement: When you acquire an image(s) (hereinafter "Image" or "Images") from Licensor, in all cases you do so pursuant to this Royalty-Free License Agreement (the "Agreement"). If you do not agree to comply with all the terms and conditions of this Agreement, then you cannot proceed to download or use any images, you cannot use or copy the Images in any fashion, you must delete any and all copies you have and, where you have not as yet obtained any Images, your membership fees or purchase price will be subject to refund.


2. Grant of Limited License: If you accept this Agreement, then you are granted a limited, revocable, personal, non-transferable, and non-exclusive license (the "License") to copy, modify and use the Image(s) an unlimited number of times in your personal, professional, internal, editorial and client projects in any of the following final projects or works:

? printed materials including newsletters, brochures, pamphlets, booklets, etc.,
? annual reports, manuals, presentations, printed or electronic,
? sales tools, promotional materials, billboards & exhibits,
? advertising and promotional campaigns, printed or electronic
? editorial works including magazines, newspapers, books, etc.,
? calendars, greeting cards, posters, banners, trade show displays, etc.,
? packaging including software, music CD?s, video tapes, DVD?s, retail, etc.,
? broadcast & theatrical presentations
? on-line newspapers, book presentations, web-site and multimedia design projects (on the strict condition that the image resolution of each Image so used may not exceed 72dpi).

3. Conditions of Grant of License: The grant of License with respect to each Image is subject to the following conditions, any breach of which you acknowledge will cause loss and damage to Licensor:

a) All images used, published or displayed on the World Wide Web or in any online, multi-media or other electronic or digital format may only be used, published or displayed in a resolution and format of 72 DPI or less, to prevent unauthorized replication or copying of the image from the web site in which the image is used;

b) No print quality images (whether low, medium or high resolution files) can be placed on-line in a downloadable or FTP (file transfer protocol) format;

c) Images may not be copied in whole or in part for any purpose other than for use by you as non-exclusive licensee, and may not be copied for re-sale, other than for inclusion in work generated by you;

d) You may not sell, license, or distribute work in any way which allows the client to access the images as a stand-alone file.

e) You may not rent, transfer or grant any rights to the Images, or any compilation, derivative or collective work containing the Images, to any third party without the prior written consent of Licensor;

f) You may not use, promote, offer or market Images for resale, redistribution, sublicense, rent, lease, or re-license;

g) You may not post Images on any electronic bulletin board, news group or on UseNet or similar facility or service;

h) You may not use, or permit others to use, Images, or any portion of an Image, in such a fashion as to create or have the Image be associated with any pornographic, libellous, defamatory, obscene, immoral, demeaning, fraudulent or objectionable design, image, website, publication, document, record, or use of any kind;


i) You may not use, or permit others to use, Images to create an endorsement or opinion, for or against, any political party, product or service, cause or organization or with respect to "sensitive" subjects which include by way of example, but are not limited to, hygiene products, promotion of sexual enhancement drugs, promotion of adult materials, sexual topics, sexuality, pornography, brochures with respect to child abuse, mental health issues, or similarly potentially controversial topics without express written permission from Licensor;

j) Images may not be used in association with any discriminatory content, whether with respect to age, gender, racial or ethnic origin, sexual orientation, marital status, physical or mental handicap, or similar matters, or content constituting hate literature;

k) Images, or any part thereof, may not be used or incorporated in any way as to form part of a logo, trademark, or service mark.

l) Images may not be used in a fashion contrary to applicable law and may not be shipped, transferred or exported into any country where so doing would be illegal, or used in any manner prohibited by Canadian laws, restrictions or regulations;

m) Use of any Image in a manner not expressly permitted in this Agreement is prohibited.

n) Licensor grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, or copyrighted designs or works of art or architecture, registered or unregistered, depicted in any Licensed Material, and Licensee must satisfy itself that all necessary rights or consents regarding any the above, as may be required for reproduction, have been obtained;

o) Licensor reserves the right to revoke the license to use a specific image for good cause and elect to replace the image with an alternative image. In the unlikely event that this should occur, upon notice of the revocation of a license for a particular image, Licensee shall immediately cease using such image and shall ensure that its clients and customers do likewise.

4. Further Limitations on Use: In the event that it is possible, for any reason, that, with respect to any works containing Images, that a use of the Image and the model(s) appearing therein may fall under the above noted conditions, you agree to seek the consent of Licensor before proceeding and further that you will not use Images in such circumstances without first obtaining such consent, which must be in writing. Written consent must be provided for the use of the image(s) under these circumstances. If in doubt, you agree to contact Licensor management by email to clarify the use of the image. Please contact info@designpics.com or call 1-877-337-5433 to inquire about image use consent.

5. Term and Termination: If you do not comply with the terms and conditions of this Agreement, the License shall be automatically terminated, in which case you will have no further permission, license or right to possession or use of Images and you must remove all copies of Images from media in which they are contained and no printed copies of the Images will be permitted for publication or distribution. You must further remove all digital copies of such Images from all hard drives or digital storage devices and destroy all digital copies contained on any removable hard drives, CD?s, DVD?s or any other media on which the images can be found. This license shall remain in force unless and until terminated.

6. Ownership: This Agreement grants a limited license allowing use of Images under the terms and conditions of this Agreement and not otherwise. You do not own the Images and no proprietary interest or any right or title is transferred to you. All right, title, interest and copyrights in the Images remain with Licensor or its licensors or contributing photographers. Images are protected by Canadian and international laws regarding copyrights and moral rights, as well as international treaties and other applicable laws. Licensor retains all rights not expressly granted by this license agreement, including all morale rights to the Images.

7. Limited Warranty: Licensor warrants the Images to be free from defects in material and workmanship for 90 days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of the Image or a refund of the pro-rated purchase price of that Image, at the option of Licensor.

8. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THERE ARE NO OTHER REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS, GUARANTEES OR COVENANTS, EXPRESS, IMPLIED OR OTHERWISE, GIVEN BY LICENSOR OR AFFECTING ANYTHING TO BE DELIVERED BY LICENSOR UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU HEREBY WAIVE AND LICENSOR HEREBY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OR CONDITION ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT DEROGATING FROM ANY OTHER LIMITATION OF LIABILITY CONTAINED IN THIS AGREEMENT, YOU AGREE THAT THE AGGREGATE OF ALL LIABILITY ON THE PART OF LICENSOR FOR BREACH OF ANY WARRANTY CONTAINED IN THIS AGREEMENT OR OF ANY OTHER PROVISION OF THIS AGREEMENT OR OF ANY AGREEMENT CONTEMPLATED BY THIS AGREEMENT OR ANY OTHER BREACH GIVING RISE TO LIABILITY, INCLUDING A BREACH OF A CONDITION OR FUNDAMENTAL TERM OR FUNDAMENTAL BREACH OR BREACHES OR IN ANY OTHER WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY AGREEMENT CONTEMPLATED BY THIS AGREEMENT, FOR ANY AND ALL CAUSES OF ACTION WHATSOEVER AND, REGARDLESS OF THE FORM OF ACTION (INCLUDING BREACH OF CONTRACT, STRICT LIABILITY OR TORT INCLUDING NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY), SHALL BE LIMITED TO YOUR ACTUAL DIRECT PROVABLE DAMAGES IN AN AMOUNT NOT TO EXCEED THE SUM OF ONE HUNDRED DOLLARS ($100.00) IN UNITED STATES CURRENCY.
YOU AGREE THAT, EVEN IF LICENSOR HAS BEEN ADVISED BY YOU OF THE POSSIBILITY OF SUCH DAMAGES, IN NO EVENT WILL LICENSOR BE LIABLE FOR DAMAGES IN THE NATURE OF PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST BUSINESS REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS OR REVENUES, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, ECONOMIC LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY CLAIM AGAINST YOU BY ANY OTHER PARTY.
THIS AGREEMENT PROVIDES LICENSES AND SERVICES AND IS NOT A SALE OF GOODS AND IN ANY EVENT THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF GOODS IS EXPRESSLY DISCLAIMED AND NOT APPLICABLE TO THIS AGREEMENT.

9. Equitable Remedies and Injunctions: You agree and acknowledge that a breach of this Agreement by you will cause Licensor irreparable harm from which no adequate remedy exists at law, and for which damages will not be an adequate remedy, and that upon any such breach or threatened breach Licensor shall be entitled to injunctive relief without prejudice to any other right in law or equity and without the necessity of prior demand or proof of damage.

10. Governing Law: This Agreement will be governed by the laws in force in the Province of Alberta, excluding the application of its conflicts of law rules. Subject to the rights of Licensor to make application for injunctive or other equitable relief in any court of competent jurisdiction, you hereby agree that the jurisdiction for enforcement of this Agreement and any disputes related to it shall be the Court of Queen?s Bench, or its successor, at Edmonton, Alberta, Canada and you specifically attorn to the jurisdiction of the said court.

11. Severability: If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software (images) will not be shipped, transferred or exported into any country or used in any manner prohibited by Canadian Federal Law, restrictions or regulations.

12. Enurement: This Agreement shall enure to the benefit of the parties and their respective heirs, executors and permitted assigns.

13. Assignment: You may not assign this Agreement which is a mere license personal to you.

By proceeding with the purchase and or use of any images from Design Pics, you have fully agreed to the above terms and conditions as set out in this agreement.

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Royalty Free License Information for Food Collection

By downloading any image or installing the CD you must agree to be bound by the terms of this agreement.
If you are entering this agreement on behalf of your employer, the license granted and restrictions and limitations recited herein apply to your employer as well as to you to you as a representative of your employer. Should you cease working for your employer, your employer may continue to operate under this agreement. You, however, as an individual, may not make a copy or transfer any image or CD to a new place of employment or to your own company.

Permitted usage
StockFood grants a non-exclusive, non-transferable right to use and reproduce Images from the CD or from individual downloadable images in the following ways: Any printed materials, including brochures, ads, billboards, CD covers, graphic design, internal presentations, Internet, intranet, and in any electronic media, including advertising and editorial use and consumer merchandise. Limitation of usage is that no products are intended to allow the re-distribution or reuse of the Image(s). The content may be licensed by one company or individual and may not be resold, or transferred, to any other company or individual. Content may be used for multiple clients or projects provided that the same design firm or agency is creating all the work. Furthermore, the image(s) or CD may be served over a network or placed on a CD or DVD jukebox provided the maximum number of users does not exceed 10 people within the same company. Additional seat licenses are available for more than ten permitted users. If you require additional users, contact us about a seat license upgrade at (800) 967 0229.

Restrictions
You can not resell any image(s) or CD or any modification of any image(s) directly. Without a further resale license, you cannot create objects based on the value of the content for resale in production runs greater than 10,000. This includes greeting cards, postcards, calendars, stationery, posters, t-shirts, ties, photo mugs and mouse pads, offered for sale (wholesale and retail). You may not lease, license or sub-license any image(s) as the end product when the content is not included in a design project. Without limitation you may not utilize any Image(s) as a trademark or service mark. You agree not to use any Image(s) in a defamatory manner or context or for any unlawful purpose or use, for any pornographic or obscene use, or in conjunction with any other materials that may be deemed to be pornographic or defamatory, either by changing it or by any accompanying text. You agree to hold StockFood harmless from any and all claims and expenses arising from the use of any content.

Indemnity
You shall indemnify and defend StockFood and its Image providers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement; the use or modification of any Image(s)or combination of any Image with any other material; your failure to abide by any restriction regarding the use of an Image; or any claim by a third party related to the use of an Image, alone or in combination with any other material.

Warranty
StockFood warrants the Image(s) to be free from defects in material and workmanship for 30 days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of the Image(s) or a refund of the purchase price, at the option of StockFood, we make no other warranty nor agree to any other condition, representation or undertaking, either express or implied, of any nature, including as to merchantability, satisfactory quality, fitness for any particular use or compatibility with any computer or other kind of equipment. StockFood shall not be liable to User or any other person or entity for any general, punitive, special, direct, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of User's use of the digital media, this Agreement, any invoice regarding the digital media or otherwise.

Waiver
The terms set forth in this policy represent our entire agreement concerning the delivery of any content to you, your review and usage thereof. All prior understandings or representations, whether oral or written, base on industry custom or past dealings, are hereby merged in this Agreement. No terms or conditions may be added unless made in writing and signed by both of us. No action of ours, other than an express written waiver, may be construed as a waiver of any part of this Agreement, and no employee is authorized to waive it orally. In the event we waive any specific part of this Agreement, it does not mean we waive any other part.

Complete Agreement
This Agreement shall be governed by the laws of the State of Maine, except its conflict of laws rules. Any disputes arising from this Agreement or its enforceability shall be settled by binding arbitration to be held in Portland Maine. This Agreement may not be assigned, nor modified by any purchase order, without StockFood written consent.

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Royalty Free License Information for Image Source, Artbox, Hola Images and World Portraits

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND IMAGE SOURCE LIMITED ("IMAGE SOURCE"). BY INSTALLING THE CD-ROM YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, PROMPTLY RETURN THE CD-ROM TO MAXX IMAGES IN ITS ORIGINAL PACKAGING WITHIN 3 DAYS FROM THE DATE YOU ACQUIRED IT FOR A FULL REFUND.

If you are entering into this Agreement on behalf of your employer, the License granted and the restrictions and limitations on the use of the images set forth below apply to your employer as well as to you as a representative of your employer. Should you cease working for your employer, your employer may continue to use the images under the terms of this Agreement.

LICENSE GRANT AND RESTRICTIONS

Image Source grants you, and your employer if you are licensing images on behalf of your employer, a non-transferable, non-exclusive, worldwide, perpetual License to store, reproduce and use the specific photographic image(s) that you have purchased during this transaction, and any authorised derivatives or copies thereof (collectively the "Images") for your own commercial or non-commercial use, other than those uses specifically restricted herein. The Images may be shared by creating an image library, image storage jukebox, network configuration or similar arrangement as long as no more than ten (10) individuals (including you) employed by the same entity have access to the Images. You expressly acknowledge that this is not a "simultaneous users License" and you may not have more than ten (10) specific people access the Images even if only ten (10) people are accessing the Images at anyparticular time.

Specifically, you may:

? use the Images on a worldwide, unlimited and perpetual basis as a part of advertising and promotional materials, packaging; multi-media including web-design, broadcasting, publishing; materials for personal, non-commercial use.

Specifically, you may not:

? sublicense, re-license, rent or lease any of the Images to third parties separate or independent from a specific product, website, or similar;

? copy or publish any of the Images to a network or bulletin board, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the ten (10) authorised users, without prior written consent from Image Source or its Sales Agent; you acknowledge that for extended usage by more individuals than provided for by this License Agreement, you will have to retrieve Extended License Rights promptly from Image Source;

? automatically under the terms of this Agreement use the Images in commercial products where the Images make up a significant part of the re-sale value of the product (i.e., postcards, posters, calendars, etc.). For such usages of an Image you must acquire an extended one-time Commercial Product Image License from Image Source;

? use any of the Images to promote a business that sells or licenses photographic images, or otherwise competes with Image Source in any manner;

? sub-license, resell or otherwise distribute the Images to third parties except as an integral part of your product or web-page and only for the life and extent of such a product;

? make the high-resolution (300 dpi) Images accessible for download beyond the scope of the License rights provided by this License Agreement or place the Images on-line in a downloadable FTP format;

? use the Images in ways that might be construed as explicitly pornographic, defamatory, libellous or otherwise unlawful;

WARRANTY AND DISCLAIMER

Image Source warrants the digital copy of the Images in the form stored on this Image Source CD-ROM and duly purchased by you or your employer, to be free from defects in material and workmanship for 90 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the digital copy of the Images or refund of the purchase price, at Image Source?s sole option. IMAGE SOURCE MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not permit the exclusion of implied warranties, and you may have other rights, which may vary from state to state. NEITHER IMAGE SOURCE NOR ITS LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES ARISING OUT OF THIS LICENSE, THE USAGE OF THE IMAGES INCLUDING ANY CLAIM FOR LOST PROFITS OR LOST SAVINGS, OR FOR ANY CLAIM OF A THIRD PARTY OR OTHERWISE.

TERMINATION OF LICENSE GRANT

The License Grant and your right to use the Images shall automatically terminate, without prior notice or refund of any moneys paid, if you violate any part of this Agreement. In the event of termination, you must immediately destroy all copies of the Images or, at Image Source?s request, return them to Image Source.

RESERVATION OF RIGHTS AND PROTECTION OF INTELLECTUAL PROPERTY

All rights to the Images are owned by Image Source and / or its licensors and are protected by United Kingdom copyright laws, international treaty provisions and other applicable laws. Image Source and its licensors retain all rights not expressly granted under this Agreement. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this Agreement.

OTHER CONDITIONS

Use of the Images must be in compliance with all applicable laws, statutes and regulations including, but not limited to, laws and regulations relating to currency and the law of moral rights. Image Source reserves the right to discontinue the use of any Image for any reason and elect to replace the Image with an alternate Image. Upon notice of any discontinuance of a License for a particular Image, you, your employer and your client, if applicable, agree not to use the Image in the future. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The laws of England and Wales whose courts are the courts of exclusive jurisdiction govern this License Agreement. The provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods shall not apply.

If you wish to use the Images in a manner not permitted under this License Agreement, please contact MaXx Images at 1-888-511-3939.

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Royalty Free License Information for PhotoAlto and Zen Shui

The user shall have no ownership rights whatsoever to this image (available from the present site, hereinafter referred to as the "image") and benefits solely from this user's license granted according to the terms and conditions described herein.

Important : Prior to initial use of this image, read carefully the stipulations of this License Agreement. After having downloaded the image, the purchaser is irrefragably presumed to have taken cognizance of the contents of this license. Under the terms of this agreement, the purchaser is understood to be any natural person or legal entity having acquired this image on their own behalf.
Should this be a natural person, the purchaser is considered to be the sole user of this image, and consequently, the sole holder of this usage license.
Should the purchaser be a legal entity, this license shall cover all of this legal entity's members, associates, employees or staff, in accordance with the conditions established in paragraph 3 of this license.
These persons shall be considered, for the purposes of this license, as users and holders of this license, and shall be irrefragably presumed to have taken cognizance of the contents of the license and to have agreed, without reservations, to its terms.
In general terms, usage irrefragably presupposes that the user has taken cognizance of the contents of this license and has agreed, without reservation, to its contents.
Any other usage shall be considered as a violation of the copyright held by the company PhotoAlto.

Single Image Purchase

1 - User's license :
PhotoAlto - 9, rue Pierre Dupont - 75010 Paris - France tel : 33(0)1 44 89 22 22, info@photoalto.com, hereby licenses all users of this product to use this image on the strict condition that the following terms and conditions are duly complied with:
- All copyrights and other related rights are owned by PhotoAlto or its suppliers.
- Use automatically entails the absolute assumption that the user has read and understood this agreement and accepts to be bound by the terms herein without reservation.

2 - User's rights :
The user has the right to:
- Reproduce, display, print, adapt and publish the photographic image using any and all media, subject to the conditions described below.
- Make one (1) back-up copy of the image for archive or storage purposes.
- Make use of the image on behalf of a third party who is not the holder of the present license, provided that this usage does not allow the said third party free access to the photographic image(s), which would result in this third party being considered a user according to the definition provided herein.
The user remains responsible and shall act as guarantor for the third party with regard to PhotoAlto and concerning adherence to the terms herein.

3 - Use restrictions :
The user has no right to:
- Copy the image or the accompanying written materials, except in those cases specifically authorized in this license agreement.
- Reproduce the image as is, for commercial purposes.
The user is hereby informed that unauthorized commercial use will result in the user being civilly and/or criminally liable for copyright infringement.
- Reproduce or provide the image to more than 20 (twenty) people, particularly through the duplication of the file or by making it available via Internet, intranet, or extranet networks or through file sharing.
- Create a scandalous, obscene or immoral work using the photographic image.
- Distribute or sell the image by associating it with another product in competition with the image.
- Use the photographic image relating to any identifiable persons, goods or entities in any way likely to bring the image of such persons, goods or entities into disrepute, in particular by conferring upon it anything of a scandalous, obscene, immoral or similarly degrading nature, or which might suggest any link or association with any product, service or concept, by giving it a controversial, unfair, parasitical or defamatory nature.
- Crop individual people from groups larger than 4 persons and use them as individuals in your design.
- Rent, sell, lend or otherwise grant rights to the image outside of the cases referred to above.
This license entitles the user to the copyright of the photographs and the image rights of the models photographed. The user may not, however, use or reprocess the image in such a way that they might infringe upon tangible or intangible property rights (e.g. reframing a monument in close-up).
In consequence thereof, the user is fully liable for any use he may make of the photographic image which may require specific permission from third parties in respect to any tangible or intangible property rights which may be claimed and which are expressly excluded from the terms of this license.
PhotoAlto disclaims any responsibility relative to the use of these photographs which could constitute an infringement on the rights of third parties.
In case of any doubt, the user may contact PhotoAlto at the above address (art.1).

4 - Photographer :
Pursuant to the provisions of Articles L 121-1 et seq. of the French Intellectual Property Code, all use of the photographic images is subject to the citation of the photographer and PhotoAlto.

5 - Duration :
This User's License shall remain in full force and effect throughout the entire duration of use of the image. It shall be terminated in the event that the user does not comply with the terms and conditions herein.
Upon expiration of this License Agreement, the user hereby agrees to destroy all copies made of the image.

6 - Warranty :
PhotoAlto hereby guarantees the workmanship of this image for three days starting from and including the date of purchase.
In the event of a defect due to downloading appearing during the three day period, PhotoAlto's distributor will replace the defective image.

7 - Disclaimer of warranty and liability :
The image is provided as is, under the guarantees provided above. All risks related to the results or performance of the image are assumed by the user.

8 - This English-language contract is a translation; in the event of a dispute, the contract having precedence is the original contract written in French.

To request a personalized licensing contract with additional rights (paragraph 3-3), please contact PhotoAlto at info@photoalto.com.

CD-ROM Purchase

The user shall have no ownership rights whatsoever to this CD-ROM and benefits solely from this user's license granted according to the terms and conditions described herein.

Important : Prior to initial use of this CD-ROM, read carefully the stipulations of this License Agreement.
Upon opening the present CD-ROM for the first time, the purchaser is irrefragably presumed to have taken cognizance of the contents of this license. Under the terms of this agreement, the purchaser is understood to be any natural person or legal entity having acquired this CD-ROM on their own behalf. Should this be a natural person, the purchaser is considered to be the sole user of this CD-ROM, and consequently, the sole holder of this usage license. Should the purchaser be a legal entity, this license shall cover all of this legal entity's members, associates, employees or staff, in accordance with the conditions established in paragraph 3 of this license.
These persons shall be considered, for the purposes of this license, as users and holders of this license, and shall be irrefragably presumed to have taken cognizance of the contents of the license and to have agreed, without reservations, to its terms.
In general terms, usage irrefragably presupposes that the user has taken cognizance of contents of this license and to have agreed, without reservation, to its contents.
Any other usage shall be considered as a violation of the copyright held by the company PhotoAlto.
Use automatically entails the absolute assumption that the user has read and understood this agreement and accepts to be bound by the terms herein without reservation.

1 - User's license :
PhotoAlto - 9, rue Pierre Dupont - 75010 Paris - France - tel : 33(0)1 44 89 22 22, info@photoalto.com, hereby licenses all users of this product to use this CD-ROM, containing photographic images, as packaged and sold, on the strict condition that the following terms and conditions are duly complied with:
- All copyrights and other related rights are owned by PhotoAlto or its suppliers.
- Use automatically entails the absolute assumption that the user has read and understood this agreement and accepts to be bound by the terms herein without reservation.

2 - User's rights :
The user has the right to:
- Reproduce, display, print, adapt and publish the photographic images obtained from the CD-ROM using any and all media, subject to the conditions described below.
- Make one (1) back-up copy of the CD for archive or storage purposes.
- Make use of one or more photographic images on behalf of a third party who is not the holder of the present license, provided that this usage does not allow the said third party free access to any and/or all of the photographic images, which would result in this third party being considered a user according to the definition provided herein.
The user remains responsible and shall act as guarantor for the third party with regard to PhotoAlto and concerning adherence to the terms herein.

3 - Use restrictions :
The user has no right to:
- Copy the CD-ROM or the accompanying written materials, except in those cases specifically authorized in this license agreement.
- Reproduce as is the CD-ROM, or its contents or part of its contents for commercial purposes.
The user is hereby informed that unauthorized commercial use will result in the user being civilly and/or criminally liable for copyright infringement.
- Reproduce or provide the CD-ROM or any part of its contents to more than 20 (twenty) people, particularly through the duplication of the files or by making them available via Internet, intranet, or extranet networks or through file sharing.
- Create a scandalous, obscene or immoral work using the photographic images contained in the CD-ROM.
- Distribute or sell the photographic images contained in the CD-ROM by associating them with another product in competition with the CD-ROM.
- Use the photographic images relating to any identifiable persons, goods or entities in any way likely to bring the image of such persons, goods or entities into disrepute, in particular by conferring upon them anything of a scandalous, obscene, immoral or similarly degrading nature, or which might suggest any link or association with any product, service or concept, by giving them a controversial, unfair, parasitical or defamatory nature.
- Crop individual people from groups larger than 4 persons and use them as individuals in your design.
- Rent, sell, lend or otherwise grant rights to the CD-ROM outside of the cases referred to above.
This license entitles the user to the copyright of the photographs and the image rights of the models photographed.
The user may not, however, use or reprocess the images in such a way that they might infringe upon tangible or intangible property rights (e.g. reframing a monument in close-up).
In consequence thereof, the user is fully liable for any use he may make of the photographic images which may require specific permission from third parties in respect to any tangible or intangible property rights which may be claimed and which are expressly excluded from the terms of this license.
PhotoAlto disclaims any responsibility relative to use of these photographs which could constitute an infringement on the rights of third parties.
In case of any doubt, the user may contact PhotoAlto at the above address (art.1).

4 - Photographer :
Pursuant to the provisions of Articles L 121-1 et seq. of the French Intellectual Property Code, all use of the photographic images is subject to the citation of the photographer and PhotoAlto.

5 - Duration :
This User's License shall remain in full force and effect throughout the entire duration of use of the CD-ROM. It shall be terminated in the event that the user does not comply with the terms and conditions herein.
Upon expiration of this License Agreement, the user hereby agrees to destroy all copies made of the CD-ROM.

6 - Warranty :
PhotoAlto hereby guarantees the workmanship of this product for 90 days starting from and including the date of purchase.
In the event of faulty workmanship or a manufacturing defect, PhotoAlto hereby guarantees that it will replace any defective products which are returned to the address indicated in this Agreement.

7 - Disclaimer of warranty and liability :
The CD-ROM is provided as is, under the guarantees provided above. All risks related to the results or performance of the CD-ROM shall be assumed by the user.

8 - This English-language contract is a translation; in the event of a dispute, the contract having precedence is the original contract written in French.

To request a personalized licensing contract with additional rights (paragraph 3-3), please contact PhotoAlto at info@photoalto.com.

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Royalty Free License Information for Pixtal

PIXTAL END USER LICENSE AGREEMENT

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PIXTAL (APLICACIONES DE LA IMAGEN, S.L.) PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING AND/OR USING ANY PIXTAL ROYALTY FREE PRODUCT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT DOWNLOAD OR USE ANY IMAGES CONTAINED IN THIS SITE.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER AND/OR PRINCIPAL, THIS LICENSE AND ALL THE RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AND/OR PRINCIPAL AS WELL AS TO YOU AS A REPRESENTATIVE AND/OR AGENT OF YOUR EMPLOYER AND/OR PRINCIPAL. YOU HEREBY FURTHER WARRANT AND REPRESENT TO PIXTAL THAT YOU HAVE FULL AND EXPRESS AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER AND/OR PRINCIPAL AND THAT YOU WILL NOT USE ANY ROYALTY FREE PRODUCT OBTAINED FROM PIXTAL FOR THE BENEFIT OF ANY OTHER PERSON OR ENTITY WITHOUT ENTERING INTO A SEPARATE LICENSE WITH PIXTAL .

ALL IMAGES ARE COPYRIGHTED AND ALL RIGHTS TO THESE IMAGES ARE OWNED BY PIXTAL AND ITS LICENSORS. PIXTAL RETAINS ALL RIGHTS NOT SPECIFICALLY GRANTED TO YOU BY THIS AGREEMENT. YOUR RIGHT TO USE ANY PIXTAL ROYALTY FREE PRODUCT IS SUBJECT TO YOUR FULL PAYMENT OF THE LICENSE AND THE RESTRICTIONS SET FORTH IN THIS AGREEMENT.

I. Rights Granted

1.1 Conditioned upon your full payment of the license and your compliance with the terms of the invoice and this Agreement (including all restrictions), Pixtal grants you a personal, non-exclusive and non-transferable right to use and reproduce, for your own commercial or non-commercial use, on a worldwide and perpetual basis, the Pixtal Royalty Free images (regardless of the form in or media on which the Royalty Free Images are delivered to you, including, but not limited to electronic or online transmission, CDs or DVDs) (hereinafter "the Image(s)"), in the following ways:

a) Print usage: refers to any type of printed, tangible materials including advertising, promotional materials, publications or products (including products offered for sale except as prohibited in Section II below).

b) Non-print usage: refers to any digital or electronic materials including websites (but not website templates), multimedia presentations and CD-ROMs provided that no Image is at a resolution greater than 480 by 640 pixels (72 dpi) and each Image is incorporated into a design in such a fashion that it is clearly not intended to be separately downloaded, copied or distributed by any third party.

NOTE: IMAGES ARE NOT SOLD; THEIR USE IS LICENSED TO YOU.

II. Restriction on Use

2.1 The rights hereby granted to you are non-transferable which means that any work that you produce using an Image must be for your own use, or for the use of your direct employer or client, who must be the end-user of your work. You may not sublicense, sell, assign, convey, dispose of, loan, give or otherwise transfer to anyone any CD, DVD or alike (hereinafter the "Disc Product") or any of the Images or the right to use the Disc Product or the Images except insofar as an Image has been included by you into one of the authorized uses referred to in Section I above and nothing you produce shall grant or purport to grant to any third party a right to use or reproduce the Images. You hereby agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the Images.

2.2 If you are entering into this License Agreement for the benefit of, and/or as an agent on behalf of your direct employer (Employer) or client (Final Client), then you represent and warrant that i) such Employer and/or Final Client has authorized you to enter into this License Agreement and that the licenses granted hereunder are on that Employer?s and/or Final Client?s behalf, that such Employer and/or Final Client has agreed to be bound hereby and that you have actual and express authority to act on behalf of and bind such Employer and/or Final Client to the terms of the present License Agreement; ii) the Images and the End-Use of the same are solely for the benefit of Employer and/or the Final Client and that you will not use the Images or End Use for the benefit of any other person or entity without entering into a separate license with Pixtal; and iii) you will comply with all the terms hereof and shall be jointly and severally liable for any breach of the terms hereof by the Employer and/or the Final Client.

2.3 Even though you may sell or license derivative works incorporating the Images, you may not use any Image for sale or license where the primary value resides in the Image itself (For example, you may not sell posters or prints of any Image) nor include any Image in an electronic template intended to be reproduced by third parties on electronic or printed products.

2.4 You may not sell, license or distribute any derivative work containing any Image in a way that would allow a third party to download, extract or access the Image as a stand-alone file.

2.5 If Images are licensed by a company, they may be shared by creating an Image library, Image storage jukebox, network configuration or similar arrangement as long as no more than ten (10) specific employees (hereinafter the "Users") within the same company and no more than one User at a time get access to the Images, unless a separate seat license is purchased for each additional User, before such additional use begins. This is not a simultaneous user agreement.

2.6 Except as specifically provided in the previous paragraph, the Images may not be shared or copied and you may not create a network of servers, either with or without a central location to enable others to share the Images.

2.7 The Images may not be used as part of a logo, trade name, service mark or trademark or used to infringe on anyone?s logo, trade name, service mark or trademark.

2.8 The Images may not be posted online nor placed in any other electronic distribution system in a downloadable format, FTP or similar nor enabled to be distributed via mobile telephone devices.

2.9 The Images may not be used for any pornographic, unlawful purpose or use or to defame any person or violate any person's right of privacy or publicity or to infringe upon any copyright, trade name, trademark or service mark of any person or entity. Advance written permission from Pixtal is required for use of Images for sensitive subjects, including without limitation, topics that may depict the subject matter of an Image in a negative or unfavorable light or subject persons to ridicule, and topics regarding all sexual issues, substance abuse, physical or mental abuse, alcohol, drugs, tobacco, AIDS, cancer or serious physical or mental ailments, or the disparagement of a person or product.

2.10 Upon notice of discontinuance of a license for any particular Image, you agree not to use such Image in the future. To the fullest extent permitted by law, your sole remedy for any recalled Image shall be, at Pixtal's sole discretion, the replacement of such recalled Image with another Image or the refund of any license fee paid attributable to such recalled Image.

2.11 If the Images are used in an editorial manner, you must include the following credit adjacent to the Images: "© Pixtal"

III. Unauthorized uses and Indemnity 3.1 Any use of any Image and/or Disk Product in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling Pixtal to exercise all rights and remedies available to it under copyright laws around the

world. You shall be responsible for any damages resulting from any such copyright infringement, including without limitation any claims by a third party and you hereby agree to indemnify and hold harmless Pixtal and its subsidiaries, successors, affiliates, parent, officers, directors, employees, contractors, content providers, licensors, distributors or agents, against all claims (including without limitation, claims by third parties), liability, damages, judgments, settlements, costs and expenses, including reasonable legal fees and expenses, arising out of or related to any use of the Disk Products or Images other than the uses specifically permitted by this Agreement.

IV. Limited Warranty and limitation of liability

4.1 Pixtal warrants that: it has all necessary rights and authority to enter into and perform this Agreement; ii) any Disk Product will be free from defects in material and workmanship for ninety (90) days from delivery. The Client?s sole and exclusive remedy for a breach of this warranty is the replacement of the Disk Product or refund of the purchase price, at Pixtal?s sole option. PIXTAL GRANTS NO RIGHTS AND MAKES NO WARRANTIES WITH REGARDS TO THE USE OF NAMES, TRADEMARKS, TRADE DRESS, DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY IMAGE, AND YOU MUST SATISFY YOURSELF THAT ALL THE NECESSARY RIGHTS AND CONSENTS REGARDING ANY OF THE ABOVE, AS MAY BE REQUIRED FOR THE INTENDED USE HAVE BEEN OBTAINED. WHILE PIXTAL MAKES EFFORTS TO USE ACCURATE CAPTION INFORMATION, PIXTAL DOES NOT WARRANT THAT SUCH INFORMATION IS ACCURATE. PIXTAL MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED REGARDING ANY IMAGES INCLUDING, WITHOUT LIMITATION, THAT THE IMAGES ARE ERROR FREE, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

4.2 EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER PIXTAL NOR ANY PIXTAL?S SUBSIDIARY, SUCCESSOR, PARENT, AFFILIATE, PARTNER, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR, CONTENT PROVIDER, LICENSOR, DISTRIBUTOR OR AGENT SHALL NOT BE LIABLE FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF THE USE OR INABILITY TO USE THE IMAGES OR OTHERWISE, EVEN IF PIXTAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. PIXTAL?S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE IMAGES SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE LICENSE PAID FOR THE PARTICULAR IMAGE.

4.3 THE REPRESENTATIONS AND WARRANTIES MADE BY PIXTAL IN THIS AGREEMENT APPLY ONLY TO THE IMAGES AND DISK PRODUCTS AS DELIVERED BY PIXTAL AND WILL BE INVALID IF THE IMAGES ARE USED IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT.

V. Waiver

5.1 No action of Pixtal , other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of Pixtal in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by Pixtal of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy by Pixtal on any one occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion.

VI. Severability

6.1 Should any provision of this Agreement be found invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected and shall remain in full force and effect. Such provisions shall be revised only to the extent necessary to make them enforceable.

VII. Entire Agreement

7.1 This Agreement contains all the terms of the license agreement for the Royalty Free products and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of both parties. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other communication sent by you, the terms of this Agreement shall govern.

VIII. Law and Venue

8.1 This Agreement, and all matters collateral thereto, shall be governed by and construed in accordance with the laws of Spain, excluding the application of its conflicts of law rules, and any dispute arising hereunder shall be litigated solely in a court of competent jurisdiction in Barcelona, Spain. Notwithstanding the foregoing, this provision shall not prevent Pixtal, from addressing any competent court, tribunal or venue to which it might be entitled, in order to seek for interim measures or any other legal remedies.

8.2 This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed.

The terms of this Agreement shall supersede and replace any other terms of use which may be included in any prepackaged Disk Product delivered to you.

If you are unsure of your rights under this License Agreement or would like to acquire additional rights (or additional seat licenses), please contact us at our toll free number 900 256 900 (from Spain) or +34 93 300 2552 (from outside Spain) or send us an email at pixtal@pixtal.com.

© 2006 PIXTAL®. All rights reserved

If you wish to use the Images in a manner not permitted under this License Agreement, please contact MaXx Images at 1-888-511-3939.

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Royalty Free License Information for PureStock

Purestock - Royalty-Free License Agreement

THIS LICENSE AGREEMENT IS A LEGAL AND BINDING AGREEMENT ("AGREEMENT")BETWEEN YOU, THE USER ("LICENSEE"), AND SUPERSTOCK, INC. THIS LICENSEAGREEMENT APPLIES TO LICENSES ISSUED VIA THE WEB AND VIA PHYSICALDELIVERY ON A CD-ROM PRODUCT OR OTHER DIGITAL STORAGE MEDIA. IF THELICENSEE DOES NOT AGREE AND HAS NOT EXERCISED THE RIGHTS GRANTEDUNDER THIS AGREEMENT, THE LICENSEE MAY PROMPTLY RETURN THE UNOPENEDAND UNUSED CD-ROM AND ALL ACCOMPANYING MATERIALS IN THE ORIGINALPACKAGING FOR A REFUND OF THE PURCHASE PRICE. IMAGES LICENSED VIA THEWEB MAY NOT BE RETURNED OR REFUNDED.

1. LicenseSubject to the terms of this License Agreement, SUPERSTOCK, INC.("SUPERSTOCK") grants Licensee a perpetual, worldwide, non-transferable, nonexclusiveright to reproduce, transmit and display, in whole or in part,SUPERSTOCK?S Royalty-Free Image(s) (whether available as part of a CD-ROMcollection of images or downloaded as single images) an unlimited number of times,in any and all media for the Permitted Uses described below. All other rights to theImage(s), CD-ROM, software and accompanying materials (if applicable), includingwithout limitation, copyright and all other rights, are retained by SUPERSTOCK. Allrights not specifically granted are retained by SUPERSTOCK.

2. Permitted Uses? Any print media, including advertising and promotional materials, editorialpublications and consumer merchandise;? Any Internet, intranet, Online or web-based media provided the resolution ofthe images does not exceed 72dpi;? Broadcast and Theatrical exhibitions;? Products intended for resale; provided these products are not intended toallow the re-distribution or re-use of the Image(s);and? Additional uses approved in writing by SUPERSTOCKLicensee may alter, crop, modify or adapt the Image(s) in connection with the abovepermitted uses. Licensee may make a back-up copy of the Image(s) for internalback-up purposes provided SUPERSTOCK?S copyright and any image identifyinginformation embedded with the digital file is retained with the file. Limited,temporary transfers of the Image(s) are permitted to third parties integral to thecreation of the final product, provided such third parties agree to abide by the termsof this Agreement.

3. Number of Users / Seat LicenseLicensee may store the Images on a server, image library or network configurationto be viewed by Licensee or its clients provided that no more than 10 persons canaccess the Image(s). Before permitting access to more than 10 persons, Licenseemust upgrade the seat license from SUPERSTOCK.

4. Restrictions on UseExcept as provide herein, Licensee may not? Sublicense, sell, assign, convey or transfer any of its rights under thisAgreement, but Licensee may sell or license derivative works incorporatingthe Image(s). However, Licensee may not include the Image(s) in anelectronic template intended to be used by third parties on electronic orprinted products.? Sell, license or distribute its final product in such a way that permitsLicensee's end users to extract or access the Image(s) as a stand-alone file.? Incorporate the Image(s) into a logo, trademark or service mark.? Distribute, post or upload the Image(s) online in a downloadable format orenable it to be distributed via mobile telephone devices.? Use any Image in a pornographic, defamatory, libelous or otherwise illegalmanner, whether directly or in context or juxtaposition with other materials.? Decompile, reverse engineer, disassemble or otherwise reduce the softwareon the CD_ROM or other storage media to a human readable form.

5. Product Endorsement or Sensitive Use Disclaimer

If any Image(s) featuring a model is used in a manner that would lead a reasonableperson to believe that the model personally uses or endorses a product or service, orif the depiction of the model is used in connection with a subject that would beunflattering, embarrassing or unduly controversial to a reasonable person, Licenseemust accompany each such use with a statement that indicates that the person is amodel and the Image(s) is being used for illustrative purposes only. Theserequirements are without prejudice to the obligations of SUPERSTOCK regarding useof the Image(s) contained elsewhere throughout this Agreement.

6. ReleasesModel releases are available on Image(s) containing models upon request. Namesare removed to protect the privacy of the model. Other than model releases forrecognizable persons, SUPERSTOCK grants no rights and makes no warranties withregard to the use of names, trademarks, trade dress, registered, unregistered orcopyrighted designs, or works of art or architecture depicted in any Image(s).Licensee must satisfy itself that all the necessary rights or consents regarding any ofthe above, as may be required for reproduction, have been obtained.

7. IndemnityLicensee agrees to defend, indemnify and hold SUPERSTOCK and its parent,subsidiaries and affiliates and their respective officers, directors and employeesharmless from all damages, liabilities and expenses (including reasonable attorneys'fees and costs), arising out of or as a result of claims by third parties relating toLicensee's use of any Image(s) outside the scope of this Agreement or any otherbreach by Licensee of this Agreement.

8. Warranties and Limitation of LiabilitySUPERSTOCK represents that it has the right to grant the license herein andwarrants the Image(s) to be free from defects in material and workmanship for 30days from delivery. The sole and exclusive remedy for a breach of the foregoingwarranty is the replacement of the CD-ROM or refund of the purchase price, atSUPERSTOCK?s option.SUPERSTOCK MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING,INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUPERSTOCK SHALLNOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANYGENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL ORINCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS ORLOSSES ARISING OUT OF LICENSEE'S USE OF THE IMAGES, OR OTHERWISE, EVENIF SUPERSTOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,COSTS OR LOSSES. SUPERSTOCK?S MAXIMUM LIABILITY ARISING OUT OF OR INCONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE IMAGE(S)(WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENTPERMITTED BY LAW, BE LIMITED TO THE VALUE OF 10 TIMES THE VALUE PAID BYTHE LICENSEE FOR THE IMAGES.Licensee may have additional rights under state law.

9. Payment TermsNo licenses are granted until full payment of SUPERSTOCK?S invoice is received.Unless credit terms have specifically been agreed directly between SUPERSTOCK andthe Licensee, payment of SUPERSTOCK's invoices must be received on the sooner offourteen (14) days of its date net, without any discounts, or prior to the publicationof any Image(s). The licensee agrees to pay SUPERSTOCK a service charge of two(2) percent per month on any unpaid balance after this time period for the use of theImage(s).Any disputes concerning the invoice must be submitted in writing, within five (5)business days of the invoice date, or the licensee shall be deemed to have acceptedthe invoice as issued.

10. Cancellation Policy for Royalty-Free Images:Due to the liberal nature of the licenses for Royalty-Free images, all licenses arefinal; no refunds or credits will be allowed. The breaking of the CD-ROM seal isconsidered to be the complete fulfillment of SUPERSTOCK?s obligations.

11. Copyright Infringement and Liquidated DamagesIn the event that the licensee utilizes any Image(s) without or prior to the grantingof a license, SUPERSTOCK reserves the right to seek damages through legal channelsunless the licensee agrees to reimburse SUPERSTOCK, as liquidated damages, a sumequal to ten (10) times the market value price charged for such use of a Royalty-Free image(s).If the licensee fails to make the payment as outlined above, within ten (10) days ofSUPERSTOCK?s invoicing such fee, this liquidated damage provision shall be void andSUPERSTOCK reserves the right to sue for copyright infringement, includingattorneys' fees and all associated costs.

12. TerminationThe license contained in this Agreement will terminate automatically without noticefrom SUPERSTOCK if Licensee fails to comply with any provision of this Agreement.Upon termination, Licensee must immediately (i) stop using the Image(s), (ii)destroy or, upon the request of SUPERSTOCK, return the Image(s) to SUPERSTOCK,and (iii) delete or remove the Image(s) from Licensee's premises, computer systemsand storage (electronic and physical).

13. RevocationLicensor reserves the right to revoke the license to use any Image(s) for good causeand elect to replace such Image(s) with an alternative Image. Upon notice of anyrevocation of a license for any Image(s), Licensee shall immediately cease usingsuch Image (s), shall take all reasonable steps to discontinue use of the replacedImage(s) in products that already exist and shall inform all end-users and clients ofsame.

14. SeverabilityIf one or more of the provisions contained in the Agreement is found to be invalid,illegal or unenforceable in any respect, the validity, legality and enforceability of theremaining provisions shall not be affected. Such provisions shall be reformed only tothe extent to make it enforceable.

15. Choice of Law/Attorney?s feesThis Agreement will be governed in all respects by the laws of the State of FLORIDA,without reference to its laws relating to conflicts of law. Licensee agrees that theCircuit or County Court of the State of Florida for Duval County and the United StatesDistrict Court for the District of FLORIDA located in Jacksonville are the agreed andappropriate forums for any such suit, and consent to service of process by registeredmail or overnight courier with proof of delivery. The United Nations Convention onContracts for the International Sale of Goods does not govern this Agreement. IfSUPERSTOCK is obligated to go to court to enforce any of its rights, the Licenseeagrees to reimburse SUPERSTOCK for its legal fees and disbursements ifSUPERSTOCK is successful.

16. WaiverNo action of SUPERSTOCK, other than express written waiver, may be construed as awaiver of any provision of this Agreement.

17. Entire ContractThis contract contains all the terms of the license agreement and no terms orconditions may be added or deleted unless made in writing and signed by anauthorized representative of both parties.

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Royalty Free License Information for Rubberball

This license agreement ("Agreement") is between you, the party licensing imagery through this Agreement ("Licensee"), and RubberBall Productions ("Licensor"). Licensee's use of the Digital Media as defined below constitutes your acceptance of the terms of this Agreement.

1. License Terms

1.1 Covered Materials.

1.1.1 The photographs, fonts, illustrations, film clips, software and any and all other media and content in any form delivered to Licensee by Licensor, whether via CD-ROM, DVD-R, by download from Licensor's website or otherwise (collectively, the "Digital Media") are licensed, not sold, to Licensee by Licensor for use pursuant to the terms of this Agreement.

1.1.2 Licensee may own the media on which the Digital Media are recorded, but Licensor, for itself or on behalf of its contributors, retains ownership of the Digital Media.

1.1.3 Any reference in this Agreement to the Digital Media shall be to each individual item within the Digital Media and also to the Digital Media taken as a whole.

1.2 Permitted / Non-Permitted Uses and Rights. Subject to the terms of this Agreement:

1.2.1 Licensee has the non-exclusive, non-transferable, non-sublicensable right to copy, reproduce, transmit and display the Digital Media an unlimited number of times in any and all media for the following purposes: Advertising and promotional materials; Online or Electronic Distribution Systems, including Web page Design to a maximum resolution of 72 dpi; Broadcast and Theatrical Exhibitions; Publications and Products not for resale; and Any other uses approved in writing by Licensor.

1.2.2 Licensee may not use the Digital Media for the following purposes without the express consent of RubberBall: Clothing, greeting cards, stationary, posters and other materials for resale where the primary value of the media is based upon the Digital Media.

1.2.3 Licensee has the right to have the Digital Media reproduced by subcontractors of Licensee, provided that such subcontractors agree to abide by the restrictions of this Agreement.

1.2.4 Licensee may alter, crop, manipulate and create derivative works of the Digital Media.

1.2.5 Licensee's rights to the Digital Media are worldwide and perpetual.

1.2.6 Licensor reserves all rights not expressly granted to Licensee herein.

1.3 Number of Users / Seat License Licensee may create a digital library, network configuration, or similar arrangement to allow the Digital Media to be viewed by employees, partners and clients of Licensee, but under no circumstance may the Digital Media be used by more than 10 employees of Licensee. Licensee must purchase a separate seat license from Licensor for each additional individual user, before such additional use begins. Contact RubberBall Productions to negotiate an applicable seat license.

1.4 Restrictions

1.4.1 Licensee may not sublicense, sell, assign, convey or transfer any of its rights under this Agreement but Licensee may sell or license derivative works incorporating the Digital Media in accordance with the Permitted Uses. Licensee may not sell, license or distribute its work in such a way that Licensee's customer can extract or access the Digital Media as a stand-alone file.

1.4.2 Digital Media shall not be incorporated into a logo, trademark or service mark.

1.4.3 Licensee may not post the Digital Media online in a downloadable format.

1.4.4 If any Digital Media featuring a model is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service (for example, any Digital Media is used in a testimonial advertisement), Licensee must accompany each such use with a statement that indicates that the person is a model and the Digital Media is being used for illustrative purposes only. Licensee shall not under any circumstances use a photo with a recognizable person in a way that may be construed as humiliating, libelous or defamatory to the person. Any use of one or more Digital Images in connection with morally sensitive subjects such as bodily or mental disability, or those subjects unduly controversial to a reasonable person, must receive an explicit written agreement from RubberBall Productions allowing each use.

1.4.5 The Digital Media may not be used in a pornographic, defamatory, libelous or otherwise illegal manner, whether directly or in context or juxtaposition with other materials.

1.4.6 Licensee must retain the copyright symbol, the name of RubberBall Productions and the Digital Media's identification number as part of the electronic file and as otherwise contained on the original Digital Media.

1.4.7 Licensor grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Licensed Material, and Licensee must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained.

2. Indemnity

2.1 Licensee agrees to indemnify and hold RubberBall Productions harmless against all claims arising out of any breach of this Agreement.

3. Warranties

3.1 Licensor warrants the Digital Media to be free from defects in material and workmanship for 30 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the Digital Media.

3.2 LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE DIGITAL MEDIA, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LICENSOR SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE DIGITAL MEDIA, THIS AGREEMENT, ANY INVOICE REGARDING THE DIGITAL MEDIA OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES.

4. Termination and Revocation

4.1 The license contained in this Agreement will terminate automatically without notice from Licensor if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately (i) stop using the Digital Media, (ii) destroy or, upon the request of Licensor, return the Digital Media to Licensor (in the case of analogue materials), and (iii) delete or remove the Digital Media from Licensee's premises, computer systems and storage (electronic or physical).

4.2 Licensor reserves the right to revoke the license to use the Digital Media for good cause and elect to replace such Digital Media with alternative Digital Media. Upon notice of any revocation of a license for any particular Digital Media, Licensee shall immediately cease using such Digital Media and shall ensure that its clients and customers do likewise.

5. Severability

5.1 If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be reformed only to the extent to make it enforceable.

6. Choice of Law

6.1 This Agreement will be governed in all respects by the laws of the State of Utah, U.S.A., without reference to its laws relating to conflicts of law. Any disputes arising from this Agreement or its enforceability shall be settled by binding arbitration to be held in Orem, Utah. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement.

6.2 Notwithstanding the foregoing, Licensor shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against Licensee in the event that, in the opinion of Licensor, such action is necessary or desirable.

7. Waiver

7.1 No action of Licensor, other than express written waiver, may be construed as a waiver of any provision of this Agreement.

8. Entire Contract

8.1 This contract contains all the terms of the license agreement and no termsor conditions may be added or deleted unless made in writing and signed by an authorized representative of both parties.

8.2 This license, dated 9/25/02, takes precedence over all previous RubberBall Productions Royalty Free License Agreements.

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Royalty Free License Information for TongRo

User License Agreement for TongRo Image Stock Royalty-Free Products

1. Definition

A. The term "product" or "products" as a single product or collectively means every and all kinds of images of photos, illustrations, and so forth which are recorded, contained in the forms or types of film, CD or DVD or made in the forms of digital data that are protected by the copyrights or other intellectual property rights of TongRo Image Stock.

B. "Reproduction" and "Reproduce" mean any form of copying or publication of the whole or part of the products, via any medium by whatever means, and the distortion or manipulation of the whole or any part of the products and the creation of any derivative work from the products.

C. The term "licensee" means a person which is licensed to reproduce a product or products outside the Republic of Korea.

2. Licensed Rights

A. The scope of right licensed to licensee to use or reproduce a product or products is as follows:

1) For advertisement or promotion

2) For broadcast or display on theater

3) For printed publications or merchandise

4) For electronic or digital publications including web-designs wherein the maximum image resolution shall be 72 dpi.

5) For other purposes agreed with TongRo Image Stock.

B. The licensed right or rights are applied worldwide and permanent.

3. Limitation

A. Licensee can store the products in a digital form or forms on a network so that his or her users, partners or clients can see them. However, in case the products are used by 10 or more persons, additional seat license shall be obtained from TongRo Image Stock. For additional seat license, licensee can inquire TongRo image Stock or its sales agency.

B. Licensee cannot sublicense, sell, transfer, assign, deliver or transmit this Agreement or any right under this Agreement. Licensee shall not include the product for the purpose of reproduction in an electronic or digital form or printed products by any third party.

C. Licensee cannot sell, license or distribute any derivation which includes the product in any form allowing any third party to download, abstract or access to the product as a single file.

D. The product cannot be applied to a logo, a trademark, a service mark, etc.

E. Licensee cannot upload the product in a form so that it can be or may be distributed online or by a cellular phone or by a wireless phone.

F. If any products featuring a model is used in (i) a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service; or (ii) connection with a subject that would be unflattering or unduly controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that the person is a model and the product is being used for illustrative purposes only.

G. The product cannot be used in connection with or for pornography, defamation or any illegal element.

H. Licensee must comply with this limitation by TongRo Image Stock before or when delivering or transmitting the product.

I. In case the product is used in or for any editorial purpose, licensee must indicate the following information without fail:

TongRo Image Stock

J. Though the caption information of the product is made accurately, TongRo Image Stock does not guarantee the accuracy or correctness of the information.

4. Copyright

As mentioned in this Agreement, the copyright for the product belongs to TongRo Image Stock and is not transferred to licensee. (However, the right for using the person, architecture, place, trademark, etc. in the product may not be possessed by TongRo Image Stock, and licensee shall obtain the license to use such.)

5. Warranty and Limitation of Liability

A. TongRo Image Stock guarantees the following:

1) TongRo Image Stock possesses and holds all necessary rights for performing this Agreement.

2) The product will not have an error or defective for service for 30 days from the date of shipment. (The maximum liability for compensation to licensee is the replacement with another product.)

B. When using the product as its original form according to this Agreement, licensee shall not violate any copyright, morality, trademark or intellectual property right and shall not violate privacy or rights of publicity.

C. TongRo Image Stock makes no other warranties, expresses or implied, regarding the product, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. TongRo Image Stock shall not be liable to licensee or any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of licensee's use of the product or otherwise, even if TongRo Image Stock has been advised of the possibility of such damages, costs or losses.

D. The statement and guarantee of TongRo Image Stock under this Agreement is applied only to the product that TongRo Image Stock delivers or transmits. In case licensee has used the product for or in the place which is not licensed under this Agreement or in case licensee has failed to perform this Agreement, it shall not be applied.

6. Validation, Change and Termination of Agreement

A. In case the seal of the package is broken or images are downloaded online, this Agreement is applied to licensee. In addition, this license Agreement is validated only when the product is registered online or the filling out the form accompanied is delivered to TongRo Image Stock or its sales agency by mail or fax.

B. The contents of this Agreement can be changed or revised by TongRo Image Stock on its independent discretion, and the revision or change will be posted on the website of TongRo Image Stock and will be e-mailed only to licensees who registered the product.

C. The contents of the product can be added or deleted by TongRo Image Stock on its independent discretion. Such addition or deletion will be posted on the website of TongRo Image Stock and will be e-mailed only to licensees who registered the product.

D. The license under this Agreement shall be automatically terminated by TongRo Image Stock without notice when licensee does not comply with the provisions of this Agreement. When terminated so, licensee must immediately i) cease to use the product, ii) destroy or return the product upon the request of TongRo Image Stock, iii) delete the product from the computer or storing device of licensee.

E. TongRo Image Stock can withdraw the license or can replace any product with another.

7. Other Provisions

A. Unauthorized Use

Any use of the product which is not licensed under this Agreement or any failure to perform any provision of this Agreement shall be violation of and infringement upon the copyright. For any such unauthorized use of the product, TongRo Image Stock has the rights for compensation under the Universal Copyright Convention concerning such violation or infringement. Licensee shall be responsible for the results of an infringement on any copyright including any claim by a third party.

B. Governing Law

This Agreement shall be governed by the law of the Republic of Korea. Any dispute or enforcement arising from or in connection with this Agreement shall be arbitrated and resolved by the law of the Republic of Korea.

C. Severability

In case one or more provisions of this Agreement becomes invalid or illegal or enforced by law, the rest of the provisions of this Agreement shall not be affected thereby. Such a provision or provisions shall be revised within the necessary scope.

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Royalty Free License Information for Beyond Fotomedia

Beyond Fotomedia Anne Sarmiento + Michele Vitucci GbR, Banatstrasse 13, 81377 München, Federal Republic of Germany

Tel: +49 (0)89 71 00 04 94 Fax: +49 (0)89 71 00 05 14 info@Beyondfoto.com

Beyond Fotomedia ROYALTY FREE LICENSE AGREEMENT

If you are entering into this Agreement on behalf of your employer, the License granted and the restrictions and limitations on the use of the images set forth below apply to your employer as well as to you as a representative of your employer. Should you cease working for your employer, your employer (but not you) may continue to use the images under the terms of this Agreement.

1. LICENSE GRANT AND RESTRICTIONS

1.1 Beyond Fotomedia Anne Sarmiento + Michele Vitucci GbR ("Beyond Fotomedia") grants you a non-transferable, nonexclusive, worldwide, perpetual license to store, reproduce and use the specific image(s) that you have purchased during this transaction, and any authorized derivatives or copies thereof, (collectively the "Images") for your own commercial or non-commercial use as set out in clause 1.3 below, but not for any other purposes.

1.2.1 The Images may be shared by creating an image library, image storage jukebox, network configuration or similar arrangement as long as no more than ten (10) individuals (including you) employed by the same entity have access to the Images (subject to clause 1.2.2 below). You expressly acknowledge that this is not a "simultaneous users license" and you may not have more than ten (10) specific people access the Images even if only ten (10) people are accessing the Images at any particular time.

1.2.2 If you are an intermediary (e.g. an advertising or design agency) the Images must only be used by one client of yours, who must agree to be bound by the terms of this Agreement. For the Images to be used by another client you will first have to purchase Extended License Rights from Beyond Fotomedia. You may allow individuals employed by your client to have access to the Images, provided the total number of individuals with access to the Images (including all those within your organization and the client) remains no more than ten (10).

1.3 Specifically, you may:

1.3.1 use the Images any number of times on a worldwide, unlimited and perpetual basis as a part of advertising and promotional materials, packaging; multi-media including web design, broadcasting, film/video/DVD, publishing; materials for personal, non-commercial use;

1.3.2 alter, manipulate and crop the Images;

1.3.3 use the Images in any other manner approved in writing by Beyond Fotomedia.

1.4 Specifically, you may not:

1.4.1 sublicense, re-license, rent, resell or lease any of the Images to third parties separate or independent from a specific product, website, or similar;

1.4.2 copy or publish any of the Images to a network or bulletin board, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the ten (10) authorized users, without prior written consent from Beyond Fotomedia or its Sales Agent; you acknowledge that for extended usage by more than ten (10) individuals, you will first have to purchase Extended License Rights from Beyond Fotomedia;

1.4.3 under the terms of this Agreement use the Images in commercial products where the Images make up a significant part of the re-sale value of the product (i.e., postcards, posters, calendars, etc.). For such usages of an Image you must acquire an extended onetime Commercial Product Image License from Beyond Fotomedia;

1.4.4 use any of the Images to promote a business that sells or licenses photographic images, or otherwise competes with Beyond Fotomedia in any manner;

1.4.5 sub-license, resell or otherwise distribute the Images to third parties except as an integral part of your product or web-page and only for the life and extent of such a product;

1.4.6 make the high-resolution (300 dpi or above) Images accessible for download beyond the scope of the license rights provided by this Agreement or place the Images on-line in an FTP or other digital format;

1.4.7 incorporate any of the Images in a logo, trade mark or service mark;

1.4.8 use the Images in ways or contexts that might reasonably be construed as pornographic, defamatory, libelous or otherwise unlawful;

1.4.9 use the Images in such a way as to imply that any model depicted in the Images personally uses or endorses a product or service (for example, in testimonial advertising);

1.4.10 use Images depicting any model in any unduly controversial or unflattering context, unless accompanied with a statement indicating that the person is a model and the Images are being used for illustrative purposes only (for instance when the model(s) in the image used are being connected with illnesses, minority, religious or political groups);

1.4.11 delete or alter the copyright symbol, the name Beyond Fotomedia, or identification number or any other information from the electronic file by which the Images are supplied to you or from any copies of those files.

2. WARRANTY AND DISCLAIMER

2.1 Beyond Fotomedia warrants the digital copy of the Images in the form duly purchased by you or your employer to be free from technical defects for 90 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the digital copy of the Images or refund of the purchase price, at Beyond Fotomedia?s sole option.

Beyond Fotomedia shall not, however, be liable if defects arise as a result of any modification, variation or addition to the Images not performed by us or caused by any abuse, corruption or incorrect use of the Images with equipment or software which is incompatible. Beyond Fotomedia MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OUR LIABILITY TO YOU FOR ANY LOSSES SHALL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE IMAGES. Some states do not permit the exclusion of implied warranties, and you may have other rights, which may vary from state to state. NEITHER Beyond Fotomedia NOR ITS LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS LICENCE, THE USAGE OF THE IMAGES INCLUDING ANY CLAIM FOR LOST PROFITS OR LOST SAVINGS, OR FOR ANY CLAIM OF A THIRD PARTY OR OTHERWISE. HOWEVER, NOTHING IN THIS LICENCE LIMITS LIABILITY FOR FRAUDULENT MISREPRESENTATION OR OUR LIABILITY TO YOU IN THE EVENT OF DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE.

2.2 It is a condition of this Agreement that you obtain all necessary rights, model releases or consents which may be required for reproduction and use of the Images. We make no warranties with regard to the use of names, people, buildings, trade marks or copyright material depicted in any Image.

3. CONSEQUENCES OF BREACH

3.1 Without prejudice to Beyond Fotomedia?s other rights and remedies, the License and your right to use the Images shall automatically terminate, without prior notice or refund of any moneys paid, if you breach any express or implied term of this Agreement. In the event of termination, you must immediately destroy or delete all copies of the Images or, at Beyond Fotomedia?s request, return them to Beyond Fotomedia.

3.2 You agree to indemnify Beyond Fotomedia and hold Beyond Fotomedia harmless against all claims arising out of any breach by you of this Agreement.

4. RESERVATION OF RIGHTS AND PROTECTION OF INTELLECTUAL PROPERTY

4.1 All rights to the Images are owned by Beyond Fotomedia and / or its licensors and are protected internationally by copyright and other applicable laws. Beyond Fotomedia and its licensors retain all rights not expressly granted under this Agreement. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to comply with the terms of this Agreement.

5. OTHER CONDITIONS

5.1 Use of the Images must be in compliance with all applicable laws, statutes and regulations. Beyond Fotomedia reserves the right to discontinue the use of any Image for any reason and elect to replace the Image with an alternative Image. Upon notice of any discontinuance of a License for a particular Image, you and your client, if applicable, agree not to use the Image in the future. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the remaining terms of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement represents the entire Agreement between the parties relating to its subject matter and may not be amended except in writing signed by an authorized representative of both parties.

5.2 The laws of the Federal Republic of Germany whose courts are the courts of exclusive jurisdiction govern this Agreement, save that Beyond Fotomedia shall have the right to bring proceedings in any jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Beyond Fotomedia, such action is necessary or desirable.

If you wish to use the Images in a manner not permitted under this License Agreement,

please contact Beyond Fotomedia Anne Sarmiento + Michele Vitucci GbR at info@Beyond Fotomedia.com or by telephoning +49 (0) 89 71 00 04 94.

Copyright © Beyond Fotomedia Anne Sarmiento + Michele Vitucci GbR. www.beyondfoto.com. All rights reserved.

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Royalty Free License Information for Blend Images

TERMS AND CONDITIONS OF USE OF IMAGES

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ONE OR MORE OF THE FOLLOWING COMPANIES: Blend Images, LLC and maXx images inc, (COLLECTIVELY HEREINAFTER REFERRED TO AS "LICENSOR(S)"). BY BREAKING THE CD-ROM SEAL OR DOWNLOADING ANY MEDIA AND/OR SOFTWARE FROM OUR WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, PROMPTLY RETURN THE CD-ROM AND ALL ACCOMPANYING MATERIALS IN THE ORIGINAL CARTON FOR A FULL REFUND OR CLICK ON YOUR BROWSER'S BACK BUTTON ON THE WEBSITE TO DECLINE THIS AGREEMENT.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.

GRANT OF LICENSE

There may be low-resolution comping images (the "Low-Resolution Digital Media") and there may be high-resolution images (the "High-Resolution Digital Media") on each disc or internet download. Licensor(s) grants to you and your employer, if you are licensing on behalf of your employer, a non-exclusive, non-sublicensable right to use any software obtained from Licensor(s) ("Software") and any of Licensor(s)' Low-Resolution Digital Media and High-Resolution Digital Media and any derivatives or copies (collectively, the "Digital Media"), on your personal computer. The Digital Media, Software and disc may not be shared by creating a disc library, Digital Media storage jukebox, network configuration or similar arrangement and you may not create a network of servers, either with or without a central location, which enables others to share the Digital Media, Software or discs. You may not utilize the Digital Media, Software or disc in any manner that is not expressly permitted in this license agreement. All rights not specifically granted above are retained by Licensor(s). One copy of the Digital Media and Software may be made for backup purposes only, but may be used only if the original Digital Media or Software becomes defective, or is destroyed or otherwise irretrievably lost. Except as specifically provided in this license agreement, no Digital Media, Software or disc may be shared or copied. Software may be used only in conjunction with the Digital Media.

The Low-Resolution Digital Media may be used in materials for PERSONAL, NONCOMMERCIAL use and TEST or SAMPLE use, including COMPS and LAYOUTS. The Low-Resolution Digital Media may also be used for ONLINE or other ELECTRONIC DISTRIBUTION SYSTEMS (including web page design) and BROADCASTS or THEATRICAL EXHIBITIONS; up to a maximum resolution of 72dpi. The High-Resolution Digital Media may be used on a worldwide and perpetual basis as a part of:

  1. ADVERTISING and PROMOTIONAL MATERIALS (including packaging);
  2. ANY PRODUCTS (including for-sale products) or PUBLICATIONS (electronic or print); and
  3. materials for PERSONAL, NONCOMMERCIAL use and TEST or SAMPLE use, including COMPS and LAYOUTS.

No High-Resolution Digital Media may be sublicensed, resold or otherwise made available for use or distribution separately or detached from a product or web page. For example, High-Resolution Digital Media may be used as an integral part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by website users. Similarly, clients may be provided with copies of High-Resolution Digital Media (including digital files) as an integral part of work product, but may not be provided with High-Resolution Digital Media or permitted to use High-Resolution Digital Media separately. Use of the High-Resolution Digital Media, or any part thereof, as a trademark or service mark, is not permitted. Pornographic use, use which would be defamatory or libelous absent the consent of the model or use which is otherwise unlawful is prohibited. If High-Resolution Digital Media featuring a person is used in a manner that implies endorsement, use of, or a connection to a product or service by that model, or a potentially unflattering or controversial subject, you must print a statement which indicates that the person is a model and is used for illustrative purposes only.

You may not include the Digital Media in any electronic template or application, including those which are web-based, where the purpose is to create multiple impressions of an electronic or printed product, including but not limited to, website designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter.

Additional Rights Available: If you are unsure of your usage rights under this agreement, contact your local office.

WARRANTY

Licensor(s) warrant the Digital Media, Software and disc to be free from defects in material and workmanship for 90 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the Digital Media, Software or disc or refund of the purchase price, at Licensor(s)' option. LICENSOR(S) MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not permit the exclusion of implied warranties, and you may have other rights which may vary from state to state. NEITHER LICENSOR(S) NOR THEIR LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES ARISING OUT OF THIS LICENSE OR OTHERWISE.

GENERAL

You may not decompile, reverse engineer, disassemble, or otherwise reduce to human-readable form any Software contained on this disc. All rights to the Digital Media, Software and disc are owned by Licensor(s) and/or their licensors and are protected by United States copyright laws, international treaty provisions and other applicable laws. Licensor(s) and its licensors retain all rights not expressly granted by this agreement. The Digital Media, Software and disc are licensed only to you or your employer if you are licensing on behalf of your employer. However, this license agreement and the license to use the Digital Media and Software may be transferred to another person or legal entity if the following conditions are met: you, or your employer if you are licensing on behalf of your employer,

  1. transfer the Digital Media, Software and disc without keeping or storing any copy,
  2. do not to utilize the Digital Media or Software in the future in any manner,
  3. transfer this physical agreement to the transferee; and
  4. the transferee agrees to be bound by the terms hereof.

The license contained in this license agreement will terminate automatically without notice from Licensor(s) if you or your employer if you are licensing on behalf of your employer, fail to comply with any provision of this license agreement. Upon termination, you, and your employer if you are licensing on behalf of your employer, must immediately

  1. stop using the Digital Media, Software and disc,
  2. return the Digital Media, Software and disc and all copies of all of them to Licensor(s), and
  3. delete any Digital Media and Software and all copies of all of them from all magnetic media and destroy all other copies, or upon request of Licensor(s), return all such copies to Licensor(s).

Use of the Digital Media and Software must be in compliance with all applicable law, including, but not limited to, laws and regulations relating to currency and the law of moral rights. Licensor(s) reserves the right to discontinue the use of any Digital Media for any reason and elect to replace the Digital Media with an alternate Digital Media. Upon notice of any discontinuance of a license for a particular Digital Media, you, your employer and your client if applicable, agree not to use such Digital Media in the future. The Digital Media, Software and disc are "Restricted Computer Software" and when provided to or for or used on behalf of, the United States of America, its agencies and/or instrumentalities ("the U.S. Government"), are provided with "Restricted Rights." Use, duplication, and disclosure by the U.S. Government is subject to restrictions as set forth under the United States copyright laws, this agreement and as provided in DFARS 227.7202-1(a), and 227.7202-3(a) (1995), DFARS 252.227.7013(c), FAR 12.212(a) (1995), or FAR 52.227-19(a)-(d), as applicable.

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Royalty Free License Information for ImageDJ

Thank you for purchasing the images of IMAGEDJ CORPORATION. ("IMAGEDJ").
It is our goal to produce the finest photography available anywhere to our valued customers.

This is a legal agreement between you, the end user, and IMAGEDJ. Read this Agreement carefully before using this product. By using this product, you agree to accept the terms of this Agreement. If you do not agree to the terms of this Agreement, please promptly return this product in the original package to the distributor/dealer from whom you purchased this product for a full refund.

COPYRIGHT
The contents of this images album and the associated software are the property of IMAGEDJ and are protected by applicable copyright laws. IMAGEDJ reserves all rights which are not expressly granted by this Agreement.

TRADEMARK
The trademarks, logos and/or designs appearing in the images of this album are the trademarks, logos and/or designs of their respective trademark or copyright owners, and a license or consent for the use of the same shall be sought from the respective owners.

LICENSE
IMAGEDJ grants you a non-exclusive and non-transferable license to modify and use the images stored on the CD-ROM(s) in this package for designing advertisements, posters, web pages, direct mail, product packaging, catalogs, business cards, annual reports, among others, and applying them thereon. However, without the prior written approval of IMAGEDJ, you may not (a) use the CD-ROM(s) or more than one computer or computer terminal at the same time; (b) copy or reproduce the CD-ROM(s) or the IMAGEDJ products catalog in its entirety; (c) rent or lease the CD-ROM(s); (d) rent, transfer or grant any rights to the images stored thereon to any other person or entity; (e) post the images on any electronic bulletin board; (f) put the images on line in a downloadable format; (g) use the images on a website at a resolution higher than 72dpi; or (h) use or allow another person or entity to use the images to create scandalous, obscene, or immoral images.

LIMITED WARRANTY
IMAGEDJ warrants this product to be free from defects in material and workmanship for a period of thirty (30) days from the date of purchase. IMAGEDJ's entire liability, and your sole remedy for a breach of this warranty shall be limited to the replacement of the CD-ROM(s) or a refund of the purchase price, at IMAGEDJ's option. IMAGEDJ makes no other warranty, whether express or implied, of merchantability, fitness for a particular purpose, or compatibility with any computer or other kind of equipment. Neither IMAGEDJ nor its distributors/dealers shall be liable to you for any direct, indirect, incidental or consequential damages whatsoever arising from the use of, or the inability to use, this product. This limited warranty shall be void in the event of product defects or failure resulting from accident, abuse or misapplication.

GOVERNING LAW
This Agreement is governed by the laws of Taiwan. If any provision of this Agreement is found to be void and unenforceable, it shall not affect the validity of the other provisions, which shall remain valid and enforceable according to their terms.

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Royalty Free License Information for Ingram Publishing

Important: carefully read the licence contained here before using this product. Installing, copying, or otherwise using this product indicates your acknowledgment that you have read this licence and agree to be bound by and comply with its terms. This licence agreement is your proof of licence. Please treat it as valuable property.

A. LICENCE:

Ingram Publishing ("we" or "us") provides you with storage media containing a computer program, computer software, including its code, objects including their API?s as well as any images, photographs, templates, animations, video, audio, music, text and "applets" incorporated into the software, the accompanying printed materials, a License, and "online" or electronic documentation (together called the "Product") and we grant you a license to use the Product in accordance with the terms of this License. Any supplemental software code and supporting materials provided to you as part of support services provided for the Product shall be considered part of the Product and subject to the terms and conditions of this License. The copyright and all other rights to the Product shall remain with us or our licensors. You must reproduce any copyright or other notice marked on the Product on all copies you make.

B. YOU MAY:

1. install and use one copy of the Product on a single computer. You may also make and use a second copy of the Product on a home or portable computer provided that copy is never loaded in the RAM of the home or portable computer at the same time its is loaded in the RAM of the primary computer.

2. You may also store or install a copy of the Product on a storage device, such as a network server, used only to install or run the Product on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the Product is installed or run from the storage device.

3. make one copy of the Product for archive or backup purposes.

4. if this Product includes Clipart and/or Photo Images, use the Clipart and or Photo Images only if you comply with the terms set out in the Guidelines for the Use of Clipart and Professional Photo Images below.

5. transfer the Product to someone else only if you assign all of your rights under this License, cease all use of the Product, erase or destroy any copy (including the hard disk copy) made in support of your use of the Product, and ensure that the person to whom you wish to transfer the Product agrees to the terms of this License.

C. YOU MAY NOT:

1. use the Product or make copies of it except as permitted in this License.

2. translate, reverse engineer, decompile, or disassemble the Product except to the extent the foregoing restriction is expressly prohibited by applicable law.

3. rent, lease, assign, or transfer the Product except as set out in paragraph B above.

4. modify the Product or merge all or any part of the Product with another program.

5. redistribute the fonts or sound files included with the Product

6. separate the component parts of the Product for use on more than one computer.

D. TERM:

This license shall remain in effect only for so long as you are in compliance with the terms and conditions of this agreement. This license will terminate if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Product. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.

E. LIMITATION OF WARRANTIES AND LIABILITY:

EXCEPT FOR THE EXPRESS WARRANTY ABOVE, THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

F. GENERAL:

This License is the entire agreement between us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of England and Wales, excluding that body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect.

GUIDELINES FOR THE USE OF

VECTOR ART AND PHOTOGRAPHIC IMAGES

This product contains numerous photographic and/or vector images (collectively referred to as the "Images") which are either owned by Ingram or licensed from a third-party. As a user of this product you are free to use, modify and publish the Images as you wish subject to the restrictions set out below. If you are uncertain as to whether your intended use is in compliance with the Guidelines set out below, we recommend that you seek the advice of your own lawyer or legal counsel. Ingram will not provide you with an opinion as to whether your use is in compliance with these Guidelines.

A. YOU MAY
, subject to any restrictions set out below:

1. incorporate any Image(s) into your own original work and publish, display and distribute your work in any media. You may not, however, resell, sublicense or otherwise make available the Image(s) for use or distribution separately or detached from a product or web page. For example, the Image(s) may be used as part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by others. Similarly, clients may be provided with copies of the Image(s) (including digital files) as an integral part of a work product, but may not be provided with the Image(s) or permitted to use the Image(s) separately or as part of any other product;

2. make one (1) copy of the Image(s) for backup or archival purposes.

B. YOU MAY NOT

1. create scandalous, obscene, defamatory or immoral works using the Image(s) nor use the Image(s) for any other purpose which is prohibited by law;

2. use or permit the use of the Image(s) or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Image(s) or any part thereof;

3 1.use the Image(s) in electronic format, on-line or in multimedia applications unless the Image(s) are incorporated for viewing purposes only and no permission is given to download and/or save the Image(s) for any reason.

4.
rent, lease, sublicense or lend the Image(s), or a copy thereof, to another person or legal entity. You may, however, transfer all your license to use the Image(s) to another person or legal entity, provided that (i) you transfer the Image(s) and this License, including all copies (except copies incorporated into your work product as permitted under this License), to such person or entity, (ii) that you retain no copies, including copies stored on a computer or other storage device, and (iii) the receiving party agrees to be bound by the terms and conditions of this License;

5.
use any Image(s) except as expressly permitted by this License.

6. You agree not to use any image in a defamatory manner or context, either by changing it or by any accompanying text. Advance written permission is required for use of images that depict any illegal goods or activities, or any sensitive subjects, including but not limited to, contraception, matters of a sexual nature, substance abuse, domestic violence, alcohol, tobacco, AIDS, cancer, acts of violence and other serious physical or mental ailments.

You agree to hold Ingram Publishing Limited harmless from any and all claims and expenses arising from your use of an image. If you utilize an image prior to paying our invoice, or without our expressed permission in regard to sensitive subjects, we are relieved of any claim concerning the image's use or publication because it was published without permission. Ingram Publishing Limited reserves the right not to permit reproduction of an image for any reason whatsoever. Under all circumstances, our liability is strictly limited to the invoice price for the use of the images involved.

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Royalty Free License Information for Inspirestock

THIS IS A BINDING LEGAL AGREEMENT BETWEEN Inspirestock AND YOU, OR, IF YOU MAKE THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE SAME RIGHTS, LIMITATIONS AND RESTRICTIONS APPLY TO YOUR EMPLOYER. BY USING THIS COMPACT DISC, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE AGREEMENT, PROMPTLY RETURN THE UNUSED COMPACT DISC IN THE ORIGINAL PACKAGING FOR A FULL REFUND.

GRANT OF LICENSE

Inspirestock (Inspirestock hereafter) grants you the non-exclusive, non-transferable license to use and modify the images contained on this compact disc subject to the restrictions contained herein. The Compact Disc may not be copied in its entirety but it can be shared by no more than 8 persons within the same entity, across the same computer network. You may not rent, transfer or grant any rights to the images contained hereon, or any compilation, or collective work containing such images to any third party or organization without prior written consent of Inspirestock.

This license agreement DOES PERMIT the following uses of the images.

You may use these images in your personal, professional, internal, editorial and client projects including printed materials, advertisements, packaging, presentations, video, on-line or multimedia projects.

This license agreement DOES NOT PERMIT the following uses of the images.

1. You may not post any image or images from this disc on any electronic bulletin board, put the images on-line in a downloadable format, or use the images in a website at a resolution higher than 640 x 480 pixels at 72dpi.

2. You may not use, or allow anyone else to use any of these images to create pornographic, libellous, obscene or defamatory images.

3. Images are not to be resold or transferred to another party.

4. An image may not be incorporated into an artwork for which a claim of new copyright may be obtained.

To the best of the Company?s knowledge, the photographic content in this compact disc are not defamatory, obscene or blasphemous, and do not infringe any rights of copyright or other intellectual property or proprietary rights of third parties, but no right of action shall accrue against the Company in the event of the said photographic works being deemed or found to be defamatory, obscene or blasphemous or an infringement of third party rights. The Company warrants that all permissions and consents required in relation to the exploitation of persons and individuals featured in the said photographic works have been obtained but that this permission expressly and exclusively relates only to activities and uses permitted by the terms of this Agreement as outlined above.

Using an image or images from this disc in a way not covered or specifically prohibited by this agreement, without prior written consent from Inspirestock, is a violation of copyright law. This license is in force until it is terminated. If you do not comply with the terms and conditions above, this license automatically terminates. At termination, the product must be returned to Inspirestock immediately.

LIMITED WARRANTY AND LIMITATIONS OF LIABILITY

Inspirestock warrants this CD to be free from defects in material and workmanship for 60 days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of the disc or refund of the purchase price, at Inspirestock?s option. NEITHER Inspirestock, ITS DISTRIBUTORS NOR ITS LICENSORS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES ARISING OUT OF THIS LICENSE OR YOUR OR ANY THIRD PARTY?S USE OF THE IMAGES. IF Inspirestock SHALL HAVE ANY LIABILITY OF ANY KIND TO YOU OR ANY THIRD PARTY BY VIRTUE OF THIS LICENSE OR YOUR OR ANY THIRD PARTY?S USE OF THE IMAGES, YOU AGREE THAT THE TOTAL AGGREGATE LIABILITY OF Inspirestock SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE DISC. THIS LIMITATION OF LIABILITY REFLECTS AN ALLOCATION OF RISK BETWEEN YOU AND Inspirestock IN VIEW OF THE NOMINAL LICENSE FEE CHARGED.

COPYRIGHT

All images contained on this CD are owned by Inspirestock or its licensors and are protected by the international treaty provisions and other applicable laws. No title to or intellectual property rights to the images or the CD are transferred to you. Inspirestock retains all rights not expressly granted by this license agreement.

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Royalty Free License Information for PhotosIndia, 40260, Redchopsticks

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ONE OR MORE OF THE FOLLOWING COMPANIES Photosindia.com, LLC (parent company of 40260 and Redchopsticks) and maXx images inc. (Distributor), (COLLECTIVELY HEREINAFTER REFERRED TO AS "LICENSOR(S)"). BY BREAKING THE CD-ROM SEAL OR DOWNLOADING ANY MEDIA AND/OR SOFTWARE FROM OUR WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, PROMPTLY RETURN THE CD-ROM AND ALL ACCOMPANYING MATERIALS IN THE ORIGINAL CARTON FOR A FULL REFUND OR CLICK ON YOUR BROWSER'S BACK BUTTON ON THE WEBSITE TO DECLINE THIS AGREEMENT.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.

GRANT OF LICENSE
There may be low-resolution comping images (the "Low-Resolution Digital Media") and there may be high-resolution images (the "High-Resolution Digital Media") on each disc or internet download. Licensor(s) grants to you and your employer, if you are licensing on behalf of your employer, a nonexclusive, non-sublicensable right to use any software obtained from Licensor(s) ("Software") and any of Licensor(s)' Low-Resolution Digital Media and High-Resolution Digital Media and any derivatives or copies (collectively, the "Digital Media"), on your personal computer. The Digital Media, Software and disc may not be shared by creating a disc library, Digital Media storage jukebox, network configuration or similar arrangement and you may not create a network of servers, either with or without a central location, which enables others to share the Digital Media, Software or discs. You may not utilize the Digital Media, Software or disc in any manner that is not expressly permitted in this license agreement. All rights not specifically granted above are retained by Licensor(s). One copy of the Digital Media and Software may be made for backup purposes only, but may be used only if the original Digital Media or Software becomes defective, or is destroyed or otherwise irretrievably lost. Except as specifically provided in this license agreement, no Digital Media, Software or disc may be shared or copied. Software may be used only in conjunction with the Digital Media.

The Low-Resolution Digital Media may be used in materials for PERSONAL, NONCOMMERCIAL use and TEST or SAMPLE use, including COMPS and LAYOUTS. The Low-Resolution Digital Media may not be used in any final materials distributed inside of your company or any materials distributed outside of your company or to the public, including but not limited to, advertising and marketing materials or any online, broadcast or other electronic distribution system (except that you may transmit comps digitally or electronically to your clients for their review) and may not be distributed, sublicensed or made available for use or distribution separately or individually and no rights may be granted to the Low-Resolution Digital Media.

The High-Resolution Digital Media may be used on a worldwide and perpetual basis as a part of:

  • ADVERTISING and PROMOTIONAL MATERIALS (including packaging);

  • ONLINE or other ELECTRONIC DISTRIBUTION SYSTEMS (including web page design) and BROADCASTS or THEATRICAL EXHIBITIONS;

  • ANY PRODUCTS (including for-sale products) or PUBLICATIONS (electronic or print); and

  • materials for PERSONAL, NONCOMMERCIAL use and TEST or SAMPLE use, including COMPS and LAYOUTS.

No High-Resolution Digital Media may be sublicensed, resold or otherwise made available for use or distribution separately or detached from a product or web page. For example, High-Resolution Digital Media may be used as an integral part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by website users. Similarly, clients may be provided with copies of High-Resolution Digital Media (including digital files) as an integral part of work product, but may not be provided with High-Resolution Digital Media or permitted to use High-Resolution Digital Media separately. Use of the High-Resolution Digital Media, or any part thereof, as a trademark or service mark, is not permitted. Pornographic use, use which would be defamatory or libelous absent the consent of the model or use which is otherwise unlawful is prohibited. If High-Resolution Digital Media featuring a person is used in a manner that implies endorsement, use of, or a connection to a product or service by that model, or a potentially unflattering or controversial subject, you must print a statement which indicates that the person is a model and is used for illustrative purposes only.

You may not include the Digital Media in any electronic template or application, including those which are web-based, where the purpose is to create multiple impressions of an electronic or printed product, including but not limited to, website designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter.

Additional Rights Available: If you are unsure of your usage rights under this agreement, contact your local office.

WARRANTY

Licensor(s) warrant the Digital Media, Software and disc to be free from defects in material and workmanship for 90 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the Digital Media, Software or disc or refund of the purchase price, at Licensor(s)' option. LICENSOR(S) MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not permit the exclusion of implied warranties, and you may have other rights which may vary from state to state. NEITHER LICENSOR(S) NOR THEIR LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES ARISING OUT OF THIS LICENSE OR OTHERWISE.

GENERAL

You may not decompile, reverse engineer, disassemble, or otherwise reduce to human-readable form any Software contained on this disc. All rights to the Digital Media, Software and disc are owned by Licensor(s) and/or their licensors and are protected by United States copyright laws, international treaty provisions and other applicable laws. Licensor(s) and its licensors retain all rights not expressly granted by this agreement. The Digital Media, Software and disc are licensed only to you or your employer if you are licensing on behalf of your employer. However, this license agreement and the license to use the Digital Media and Software may be transferred to another person or legal entity if the following conditions are met:

you, or your employer if you are licensing on behalf of your employer,

  • transfer the Digital Media, Software and disc without keeping or storing any copy,

  • do not to utilize the Digital Media or Software in the future in any manner,

  • transfer this physical agreement to the transferee; and

  • the transferee agrees to be bound by the terms hereof.

The license contained in this license agreement will terminate automatically without notice from Licensor(s) if you or your employer if you are licensing on behalf of your employer, fail to comply with any provision of this license agreement. Upon termination, you, and your employer if you are licensing on behalf of your employer, must immediately

  • stop using the Digital Media, Software and disc,

  • return the Digital Media, Software and disc and all copies of all of them to Licensor(s), and

  • delete any Digital Media and Software and all copies of all of them from all magnetic media and destroy all other copies, or upon request of Licensor(s), return all such copies to Licensor(s).

Use of the Digital Media and Software must be in compliance with all applicable law, including, but not limited to, laws and regulations relating to currency and the law of moral rights. Licensor(s) reserves the right to discontinue the use of any Digital Media for any reason and elect to replace the Digital Media with an alternate Digital Media. Upon notice of any discontinuance of a license for a particular Digital Media, you, your employer and your client if applicable, agree not to use such Digital Media in the future. The Digital Media, Software and disc are "Restricted Computer Software" and when provided to or for or used on behalf of, the United States of America, its agencies and/or instrumentalities ("the U.S. Government"), are provided with "Restricted Rights." Use, duplication, and disclosure by the U.S. Government is subject to restrictions as set forth under the United States copyright laws, this agreement and as provided in DFARS 227.7202-1(a), and 227.7202-3(a) (1995), DFARS 252.227.7013(c), FAR 12.212(a) (1995), or FAR 52.227-19(a)-(d), as applicable.

 

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Royalty Free License Information for Medical RF

Applies to Images Purchased online and on CD ROM.
THIS AGREEMENT is made on the day of purchase BETWEEN [MedicalRF.com] of 4 Airfield Manor, Donnybrook, Dublin 4, Ireland (hereinafter called "the Company") of the one part and you the user (herein after referred to as "the Licensee") of the other part. In consideration of you paying the agreed license fee and in consideration of your agreeing to be bound by the terms and conditions contained in this legal agreement, the Company agrees to allow you to use the 3D image's (the "Images") in the manner permitted by thisAgreement on the terms and conditions as follows :

1 Grant of Rights

1.1 In consideration of the obligations, warranties and undertakings of the Licensee in this Agreement, and subject to and conditional upon their full and timely performance and observance, the Company grants to the Licensee a non-transferable non-exclusivelicense to use the Images.

1.2 The Images may be accessed and used by up to 10 employees of the Licensee, on a computer network. For sharing on larger networks, an upgrade license is required. The Licensee's sub-contractors may reproduce the Images, subject always to the provisions (including, without prejudice to the generality of the foregoing, restrictions on use) contained in this Agreement. For the avoidance of doubt, Licensee may not sub-licence the Images to any party.

1.3 The Company reserves the right to revoke the license to use the Images for good cause and elect to replace such Images with alternative images. Upon notice of any revocation of a license for any Images, Licensee shall immediately cease using such Images and shall ensure that its clients and customers do likewise.

2. Warranties of the Company

The Company warrants, agrees and undertakes with the Licensee that the Images are free from defects in material and workmanship for 30 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the Images. The company makes no other warranties, express or implied, regarding the images, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. The company shall not be liable to licensee or any other person or entity for any general, punitive, special, direct, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of licensee's use of the images, this agreement, any invoice regarding the images or otherwise, even if the company has been advised of the possibility of such damages, costs or losses.

3. Remuneration

3.1 Unless credit terms have specifically been agreed directly between the Company and the Licensee, the Licensee agrees to pay in advance for the licensed use of the Images as agreed under the terms of this Agreement in advance of any use of the Images.

3.2 Unless credit terms have specifically been agreed directly between the Company and the Licensee, the Licensee agrees that permission to use the Images will only be deemed to have been given after receipt by the Company of the agreed remuneration, and the Licensee fully accepts that the Licensee has no right to use the Images in any manner until the said remuneration has been paid. Where credit terms have been specifically agreed between the Company and the Licensee, the Licensee agrees that permission to use the Images shall be deemed to be revoked where the Licensee is in default of payment to the Company under those terms.

4. Warranties of the Licensee

The Licensee warrants and undertakes, confirms and agrees with the Company :

4.1 That all rights of a proprietary and copyright nature and title in and to the Images are expressly acknowledged as the property of the Company and subject only to the non exclusive , non-transferable license contained in this Agreement, which does not confer any copyright or proprietary rights of any nature whatsoever on the Licensee aside from the uses specified in this Agreement.

4.2 The Licensee shall use the Images in accordance with all applicable laws and in the manner and in the context agreed by the Company and as outlined in this Agreement and shall not by any act or omission impair or prejudice the copyright in the Images, or violate any moral right or deal with the Images so that any third party might obtain any lien or other right of whatever nature incompatible with the rights of the Company, and nothing may be superimposed, inserted, transposed, merged or added to the Images which could be regarded as derogatory, offensive, blasphemous, defamatory, libelous, obscene or pornographic , nor may they be altered or distorted in any way or used in any fashion which could be regarded as derogatory, offensive, blasphemous, defamatory, libelous, obscene or pornographic. Furthermore, no part, segment or piece of the Images, no matter how small, may be used or merged in connection with other images or artwork so as to create a new image, which could be regarded as derogatory, offensive, blasphemous, defamatory, obscene, pornographic or libelous.

4.3 The Licensee shall ensure that all copies of the Images published and distributed by the Licensee shall contain full and accurate copyright notices, credit attributions and acknowledgments that the copyright is retained in the Images by the Company, and that reproduction is permitted under limited license from the Company.

4.4 The Licensee shall give full particulars to the Company as soon as the Licensee becomes aware of any actual or threatened claim by any third party in connection withthe Images.

4.5 The Licensee shall retain total control and possession at all times of the Images and ensure that these are kept in safe and secure storage facilities and shall not allow the Images to fall into the hands of third parties who are not licensed by this Agreement. The Licensee may not sell, license or distribute its work in such a way that Licensee's customer can extract or access the Images as a stand-alone file.

4.6 The Licensee shall ensure that the Images are not incorporated into a logo, trademark or service mark.

4.7 The Licensee shall indemnify and keep fully indemnified the Company from and against all actions, proceedings, claims, demands, costs (including any legal costs compensation costs and disbursements paid by the Licensee on the advice of their legal advisors to compromise or settle any claim), awards and damages arising directly or ndirectly as a result of any breach or non-performance by the Licensee of any of the Licensee's undertakings, warranties or obligations under this Agreement.

4.8 The Licensee warrants and undertakes not to assign or license the use of the Images or any portion thereof for any purpose other than those purposes specifically agreed between the Company and the Licensee under this Agreement. In particular, the Licensee may not loan, rent, hire or otherwise transfer or purport to transfer the right to use the Images in any way to any other person or entity.

4.9 The Licensee accepts and warrants that its use of the Images shall not infringe any third party rights, of any nature, and any liability for the infringement of third party rights, of whatsoever nature, shall rest with the Licensee. The Company grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in the Images, and Licensee must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained.

4.10 Use of any Image(s) in any electronic template or application, including those that are web-based, where the purpose is to create multiple impressions of an electronic or printed product, included but not limited to, web site designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter without obtaining such a license for such purpose is prohibited.

4.11 The Company does not guarantee or state explicitly or implicitly that all images are 100% Medically accurate and the licensee shall indemnify and keep fully indemnified the Company from and against all actions, proceedings, claims, demands, costs (including any legal costs compensation costs and disbursements paid by the Licensee on the advice of their legal advisors to compromise or settle any claim), awards and damages arising directly or indirectly associated with the Medical accuracy of Company?s images.

5. Determination

It shall constitute repudiation by the Licensee of its obligations under this Agreement if :

5.1 The Licensee fails to pay any amount due under this Agreement within two weeks of the due date.

5.2 The Licensee is in breach of any other term of this Agreement.

5.3 Any of the Licensee's representations shall prove to have been incorrect.

5.4 The Licensee is declared or becomes insolvent or bankrupt, or the Licensee is put into examinership, receivership, administration or liquidation. The Company reserves the right to accept such repudiation on the part of the Licensee and to determine the license Agreement forthwith and to demand the immediate return of all Images in whatever form supplied or held created or produced by the Licensee.

6. Miscellaneous

6.1 The provisions of this Agreement shall be governed by and construed in accordance with the laws of Ireland, whose courts shall be the courts of sole jurisdiction in relation to this Agreement. Notwithstanding the foregoing, the Company shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against Licensee.

6.2 This Agreement contains the full and complete understanding between the parties, and supersedes all prior arrangements and understandings whether written or oral appertaining to the subject matter of this Agreement, and may not be varied except by an instrument in writing signed by all the parties to this Agreement. If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be amended only to the extent necessary to make the Agreement enforceable.

6.3 The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement.

 

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Royalty Free License Information for Uppercut Images

THIS LICENSE AGREEMENT IS A LEGAL AND BINDING AGREEMENT ("AGREEMENT")BETWEEN YOU THE USER ("LICENSEE") AND UPPERCUT IMAGES, LLC. ("UPPERCUTIMAGES") THIS LICENSE AGREEMENT APPLIES TO LICENSES ISSUED VIA THE WEBAND VIA PHYSICAL DELIVERY ON A CD-ROM PRODUCT OR OTHER DIGITALSTORAGE MEDIA (THE "AGREEMENT"). IF THE LICENSEE DOES NOT AGREE ANDHAS NOT EXERCISED THE RIGHTS GRANTED UNDER THIS AGREEMENT, THELICENSEE MAY PROMPTLY RETURN THE UN-OPENED AND UN-USED CD-ROM ANDALL ACCOMPANYING MATERIALS IN THE ORIGINAL PACKAGING FOR A REFUND OFTHE PURCHASE PRICE. IMAGES LICENSED VIA THE WEB MAY NOT BE RETURNED ORREFUNDED. THE TERM LICENSEE INCLUDES THE CLIENT IF THE AGENT IS ACTINGON BEHALF OF THE CLIENT AND PROVIDED BOTH AGENT AND CLIENT ARE JOINTLYAND SEVERALLY LIABLE TO UPPERCUT IMAGES UNDER THE AGREEMENT.

1. License Subject to the terms of this License Agreement, UpperCut Images, LLC. ("UpperCutImages") grants Licensee a perpetual, worldwide, non-transferable, non-exclusiveright to reproduce, transmit and display, in whole or in part, UpperCut Images?Royalty Free Image(s) (whether available as part of a CD-ROM collection of imagesor downloaded as a single?image) an unlimited number of times, in any and allmedia for the Permitted Uses described below. All other rights to the Image(s), CDROM,software and accompanying materials (if applicable), including withoutlimitation, copyright and all other rights, are retained by UpperCut Images. All rightsnot specifically granted are retained by UpperCut Images.

2. Permitted Uses ? Any print media, including advertising and promotional materials, editorial publications and consumer merchandise; ? Any Internet, intranet, Online or web-based media provided the resolution of the images does not exceed 72dpi; ? Broadcast and Theatrical exhibitions;? Products intended for resale; provided these products are not intended to allow the re-distribution or re-use of the Image(s);and ? Additional uses approved in writing by UpperCut Images. Licensee may alter, crop, modify or adapt the Images in connection with the abovepermitted uses. Licensee may make a back-up copy of the Image(s) for internalback-up purposes provided UpperCut Images? copyright and any image identifyinginformation embedded with the digital file is retained with the file. Limited,temporary transfers of the Images are permitted to third parties integral to the Uppercut images RF Distributor Agreement 120506 creation of the final product, provided such third parties agree to abide by the termsof this Agreement.

3. Number of Users / Seat License Licensee may store the Images on a server, image library or network configurationto be viewed by Licensee or its clients provided that no more than 10 persons canaccess the Images. Before permitting access to more than 10 persons, Licenseemust upgrade the seat license from UpperCut Images.

4. Restrictions on Use Except as provided herein, Licensee may not ? Sublicense, sell, assign, convey or transfer any of its rights under this Agreement, but Licensee may sell or license derivative works incorporatingthe Images. However, Licensee may not include the Images in an electronictemplate intended to be used by third parties on electronic or printedproducts, where the purpose is to create multiple impressions, including butnot limited to: website designs, presentation templates, electronic greetingcards, business cards, or any other electronic or printed matter withoutobtaining a license for such purpose; ? Sell, license or distribute its final product in such a way that permits Licensee's end users to extract or access the Images as a stand-alone file. ? Incorporate the Images into a logo, trademark or service mark.? Distribute, post or upload the Image(s) online in a downloadable format or enable it to be distributed via mobile telephone devices. ? Use any Image in a pornographic, defamatory, libelous or otherwise illegal manner, whether directly or in context or juxtaposition withother materials. ? With respect to the software on the CD-ROM or other storage media, decompile, reverse engineer, disassemble or otherwise reduce the software toa human readable form. ? Use any of the Images in any manner prohibited by any export laws, restrictions or regulations.

5. Product Endorsement or Sensitive Use Disclaimer If any Image featuring a model is used in a manner that would lead a reasonableperson to believe that the model personally uses or endorses a product or service, orif the depiction of the model is used in connection with a subject that would beunflattering, embarrassing or unduly controversial to a reasonable person, Licenseemust accompany each such use with a conspicuous statement that indicates thatthe person is a model and the Image is being used for illustrative purposes only.These requirements are without prejudice to the obligations of the UpperCut Imagesregarding use of the Images contained elsewhere throughout this Agreement.

6. Releases Model releases are available on Image(s) containing models upon request. Namesare removed to protect the privacy of the model, Other than model releases forrecognizable persons, UpperCut Images grants no rights and makes no warrantieswith regard to the use of names, trademarks, trade dress, registered, unregistered Uppercut images RF Distributor Agreement 120506 or copyrighted designs or works of art or architecture depicted in any Image, andLicensee must satisfy itself that all the necessary rights or consents regarding any ofthe above, as may be required for reproduction, have been obtained.

7. Indemnity Licensee agrees to defend, indemnify and hold UpperCut Images and its parent,subsidiaries and affiliates and their respective officers, directors and employeesharmless from all damages, liabilities and expenses (including reasonable attorneys'fees and costs), arising out of or as a result of claims by third parties relating toLicensee's use of any Image(s) outside the scope of this Agreement or any otherbreach by Licensee of this Agreement.

8. Warranties and Limitation of Liability UpperCut Images represents that it has the right to grant the license herein andwarrants the Images to be free from defects in material and workmanship for 30days from delivery. The sole and exclusive remedy for a breach of the foregoingwarranty is the replacement of the CD-ROM or refund of the purchase price, atUpperCut Images? option.UPPERCUT IMAGES MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED,REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UPPERCUT IMAGESSHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANYGENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL ORINCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS ORLOSSES ARISING OUT OF LICENSEE'S USE OF THE IMAGES, OR OTHERWISE, EVENIF UPPERCUT IMAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,COSTS OR LOSSES. UPPERCUT IMAGES? MAXIMUM LIABILITY ARISING OUT OF ORIN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE IMAGES(WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENTPERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THELICENSEE FOR THE USE OF THE IMAGE(S). Licensee may have additional rights under state law.

9. Payment Terms No licenses are granted until full payment of invoice is received. Unless credit termshave specifically been agreed directly between Distributor and the Licensee, Paymentof invoices must be received on the sooner of thirty (30) days of its date net, withoutany discounts, or prior to the publication of any Image. The licensee agrees to pay aservice charge of 3 % percent per month on any unpaid balance after this timeperiod for the use of the Image.Any disputes concerning the invoice must be submitted in writing, within fifteen (15)business days of the invoice date, or the licensee shall be deemed to have acceptedthe invoice as issued.

10. Cancellation Policy for Royalty-Free Images: All cancellations must be advised in writing within 15 days of the date of the invoice. Uppercut images RF Distributor Agreement 120506

11. Copyright Infringement and Liquidated Damages In the event that the licensee utilizes any Image without or prior to the granting of alicense, UpperCut Images reserves the right to seek damages through legal channelsunless the licensee agrees to reimburse UpperCut Images, as liquidated damages, asum equal to five (5) times the market value price charged for such use of a Royalty-Free image.If the licensee fails to make the payment as outlined above, within ten (10) days ofUpperCut Images? invoicing such fee, this liquidated damage provision shall be voidand UpperCut Images reserves the right to sue for copyright infringement, includingattorneys' fees and all associated costs.

12. Termination The license contained in this Agreement will terminate automatically without noticefrom UpperCut Images if Licensee fails to comply with any provision of thisAgreement. Upon termination, Licensee must immediately (i) stop using the Image(s), (ii) destroy or, upon the request of UpperCut Images, return the Imagesto UpperCut Images, and (iii) delete or remove the Images from Licensee'spremises, computer systems and storage (electronic or physical).

13. Revocation Licensor reserves the right to revoke the license to use any Image(s) for good causeand elect to replace such Image with an alternative Image. Upon notice of anyrevocation of a license for any Image(s), Licensee shall immediately cease usingsuch Image (s), shall take all reasonable steps to discontinue use of the replacedImage(s) in products that already exist and shall inform all end-users and clients ofsame.

14. Severability If one or more of the provisions contained in the Agreement is found to be invalid,illegal or unenforceable in any respect, the validity, legality and enforceability of theremaining provisions shall not be affected. Such provisions shall be reformed only tothe extent to make it enforceable.

15. Choice of Law/Attorney?s fees This Agreement will be governed in all respects by the laws of the State of New York,without reference to its laws relating to conflicts of law. Licensee agrees that theCircuit or County Court of the State of New York for New York County and the UnitedStates District Court for the Southern District of New York are the agreed andappropriate forums for any such suit, and consent to service of process by registeredmail or overnight courier with proof of delivery. The United Nations Convention onContracts for the International Sale of Goods does not govern this Agreement. IfUpperCut Images is obligated to go to court to enforce any of its rights, the Licenseeagrees to reimburse UpperCut Images for its legal fees and disbursements ifUpperCut Images is successful.

16. Waiver Uppercut images RF Distributor Agreement 120506 No action of UpperCut Images, other than express written waiver, may be construedas a waiver of any provision of this Agreement.

17. Entire Contract This contract contains all the terms of the license agreement and no terms orconditions may be added or deleted unless made in writing and signed by anauthorized representative of both parties. In the event of any inconsistency betweenthe terms contained herein and the terms contained on any purchase order or otherwriting sent by Licensee, the terms of this Agreement shall govern.

 

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Royalty Free License Information for Juice Images

If you are entering into this Agreement on behalf of your employer, the License granted and the restrictions and limitations on the use of the images set forth below apply to your employer as well as to you as a representative of your employer. Should you cease working

for your employer, your employer (but not you) may continue to use the images under the terms of this Agreement.

1. License Grant and Restrictions

1.1 Juice Images Ltd ("Juice Images") grants you a non-transferable, non-exclusive, worldwide, perpetual license to store, reproduce and use the specific image(s) that you have purchased during this transaction, and any authorised derivatives or copies thereof, (collectively the "Images") for your own commercial or non-commercial use as set out in the clause 1.3 below, but not for any other purposes.

1.2.1 The Images may be shared by creating an image library, image storage jukebox, network configuration or similar arrangement as long as no more than ten (10) individuals (including you) employed by the same entity have access to the Images (subject to clause 1.2.2 below). You expressly acknowledge that this is not "simultaneous users license" and you may not have more than ten (10) specific people access the Images even if only ten (10) people are accessing the Images at any particular time.

1.2.2 If you are intermediary (e.g. an advertising or design agency) the Images must only be used by one client of yours, who must agree to be bound by the terms of this Agreement. You may allow individuals employed by your clients to have access to the Images, provided the total number of individuals with access to the Images (including all those within your organisation and the client) remains no more than ten (10).

1.3 Specifically, you may:

1.3.1 use the Images any number of times on a worldwide, unlimited and perpetual basis as a part of advertising and promotional materials, packaging; multi-media including web-design, broadcasting, film/video/DVD, publishing; materials for personal, non-commercial use;

1.3.2 alter, manipulate and crop the Images;

1.3.3 use the Images in any other manner approved in writing by Juice Images.

1.4 Specifically, you may not:

1.4.1 sublicense, re-license, rent, resell or lease any of the Images to third parties separate or independent from a specific product, website or similar;

1.4.2 copy or publish any of the Images to a network or bulletin board, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the ten (10) authorised users, without prior written consent from Juice Images or its Sales Agents

1.4.3 under the terms of this Agreement use the Images in commercial products where the Images make up a significant part of the re-sale value of the product (i.e. postcards, posters, calendars, etc.).

1.4.4 use any of the Images to promote a business that sells or licenses photographic images or otherwise competes with Juice Images in any manner;

1.4.5 sub-license, resell or otherwise distribute the Images to third parties expect as an integral part of your product or web-page and only for the life and extent of such a product;

1.4.6 make the high-resolution (300 dpi or above) Images available for download beyond the scope of the license rights provided by this Agreement or place the Images on-line in an FTP or other digital format;

1.4.7 incorporate any of the Images in a logo, trade mark or service mark;

1.4.8 use the Images in ways or contexts that might reasonably be construed as pornographic, defamatory, libellous or otherwise unlawful;

1.4.9 use the Images in such a way as to imply that any model depicted in the Images personally uses or endorses a product or service (for example, in testimonial advertising);

1.4.10 use Images depicting any model in any unduly controversial or unflattering context, unless accompanied with a statement indicating that the person is a model and the Images are being used for illustrative purposes only;

1.4.11 delete or later the copyright symbol, the name Juice Images, or identification number or any other information from the electronic file by which the Images are supplied to you or from any copies of those files.

2. Warranty and Disclaimer

2.1 Juice Images warrants the digital copy of the Images in the form duly purchased by you or your employer to be free from technical defects for 90 days from delivery. The sole and exclusive remedy for breach of the foregoing warranty is the replacement of the digital copy of the Images or refund of the purchase price, at Juice Images? sole option. Juice Images shall not, however, be liable if defects arise as a result of any modification, variation or addition to the Images not performed by us or caused by any abuse, corruption or incorrect use of the Images with equipment or software which is incompatible. Juice Images makes no other warranty, express or implied including, without limitation, any implied warranties or merchantability or fitness for a particular purpose, our liability to you for any losses shall not exceed the amount you originally paid for the Images. Some states do not permit the exclusion of implied warranties, and you may have other rights, which may vary from state to state. Neither Juice Images nor it?s licensors shall be liable to you or any other person or entity for any general, special, direct, indirect, consequential, incidental, or other damages (even if we have been advised of the possibility of such damages) arising out of this license, the usage of the Images including any claim for lost profits or lost savings, or for any other claim of a third party or otherwise. However, nothing in this license limits liability for fraudulent misrepresentation or our liability to you in the event or death or personal injury resulting form our negligence.

2.2 It is a condition of this Agreement that you obtain all necessary rights, models releases or consents which may be required for reproduction and use of the Images. We make no warranties with regard to the use of names, people, buildings, trade marks or copyrights material depicted in any Image, or to the accuracy of any metadata, including, but not limited to, keywords and captions, with any Image. Furthermore, ensure that you examine the Image you intend to use for possible defects before sending the Image for reproduction. Juice Images shall not be liable for any loss or damage suffered by you or any third party arising from any alleged or actual defect in any Image or its metadata or in any way from its reproduction.

3. Consequences of Breach

3.1 Without prejudice to Juice Images? other rights and remedies, the License and your right to use the Images shall automatically terminate, without prior notice or refund of any moneys paid, if you breach any express or implied term of this Agreement. In the event of termination, you must immediately destroy or delete all copies of the Images or, at Juice Images request, return them to Juice Images.

3.2 You agree to indemnify Juice Images and hold Juice Images harmless against all claims arising out of the breach by you of this Agreement.

4. Reservation of Rights and Protection of Intellectual Property

4.1 All rights to the Images are owned by Juice Images and / or its licensors and are protected internationally by copyright and other applicable laws. Juice Images and its licensors retain all rights not expressly granted under this Agreement. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to comply with the terms of this Agreement.

5. Other Conditions

5.1 Use of the Images must be in compliance with all applicable laws, statutes and regulations. Juice Images reserves the right to discontinue the use of any Image for any reason and elect to replace the Image with an alternative Image. Upon notice of any discontinuance of a License for a particular Image, you and your client, if applicable, agree not to use the Image in the future. If any part of this Agreement is found void and enforceable, it will not affect the validity of the remaining terms of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement represents the entire Agreement between the parties relating to its subject matter and may not be amended expect in writing signed by an authorised representative of both parties.

5.2 The laws of England and Wales whose courts are the courts of exclusive jurisdiction govern this Agreement, save that Juice Images shall have the right to bring proceedings in any jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Juice Images, such action is necessary or desirable.

If you wish to use the Images in a manner not permitted under this License Agreement, please contact Juice Images Ltd at info@juiceimages.com or by telephoning +44 (0) 207 749 1830.

 

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Royalty Free License Information for Eyecandy Images

1. Definitions

1.1 In this Agreement the following words and expressions shall have the following meanings unless the context requires otherwise:

"Agreement" means, altogether the terms and conditions within this document on our invoicing, reminder, legal documents, correspondence and our website, including the copyright notice within all our assets.

"ECI" shall mean Eyecandy Images inc. and its related brands, Eyecandy, Eyecandy images, Eyecandy Pro and Eyecandy

"Royalty Free Content" shall mean Content licensed for an unlimited number of uses for a one time fee and includes abbreviations like ?RF?.

"Rights Managed Content" shall mean Content licensed for a fee per usage basis, calculated via set depending factors

and includes abbreviations like ?RM?.

"Rights Combined Content" shall mean Content that is licensed via a categorized model, calculating price per categories set by ECI

and includes abbreviations like ?RC?.

"Comps/Presentation Images" shall mean Content licensed without a fee solely for ?Presentation or Review? purposes to determine if the content is appropriate for use within our Royalty Free, Rights Managed and Rights Combined licensing models.

"Images" shall mean all content provided, generated, produced and supplied by Eyecandy Images in any medium, digital or non digital, though physical cd/dvd/hd/ftp/xml/rss/ or any other form of transmission. This includes image data, META data, offline data, copyright data and technical data imbedded and/or included in the image or the original, text, key-wording or captioning.

"End Use" shall means the final product created with Eyecandy Images content in any shape or form, print or digital ? excluding ?comp/presentation images?.

"Term" shall mean a) with respect to each license granted hereunder, the term specified herein or in the applicable Invoice and/or Specific content Web Page, unless earlier terminated as provided herein and, b) with respect to this Agreement, the term shall end on the earlier to occur of (1) termination or cancellation of this agreement as provided herein or (2) the expiration of all licenses issues under this agreement.

2. Parties

This Agreement is binding between ECI and Licensee, ?Licensee? means either 1) the person listed as the registrant of any ECI registration or account through which this agreement and the license(s) granted hereunder are entered ("Registrant") or 2) if the Registrant is entering into this agreement and the licenses granted hereunder for the benefit of, and/or as an agent on behalf of, registrant?s employer ("Employer") and/or a third party ("Principal"), then such Employer and/or Principal. If Registrant is entering into this Agreement and the licenses granted hereunder for the benefit of and/or as an agent on behalf of Employer and/or Principal, the Registrant (a) represents and warrants that such Principal and/or Employer has authorized Registrant to enter into this agreement, that the licenses granted hereunder are in that Principal?s and/or employer?s behalf, that such Principal and/or Employer has agreed to be bound hereby and that Registrant has actual express authority to act on behalf of and bind such Principal and/or Employer to the terms of this agreement; (b) the Content and End Use is Solely for the benefit of Employer, Principal or Third Party and that Registrant will not use Content or End use for the benefit of any other person or entity without entering into a separate license with ECI and (c) registrant will comply with all of the terms hereof and shall be jointly and severally liable for any breach of the terms of this Agreement by principal and/or Employer. If registrant requests any ECI employee or contractor or representative to facilitate registrant entering in to any License hereunder on behalf of Registrant and through use of Registrant?s account, registrant agrees to be bound by this Agreement.

3. Licensing

3.1 Any and all licenses granted by ECI are conditioned upon (1) Licensee compliance with all provisions of this Agreement and (2) ECI?s receipt of full payment by Licensee as identified in the applicable Invoice. Any and all License(s) granted to Licensee hereunder and Licensee?s right to use the Content shall immediately terminate upon Licensee?s failure to comply with any provision of this Agreement or to make full payment when due, in which case ECI shall be entitled to pursue all other remedies available under copyright and other Laws

3.2 Royalty Free Licence: Subject to the terms and conditions of this Agreement, ECI grants Licensee a limited, non-exclusive, worldwide rights to create and exploit the End Use for any purpose authorized under this Agreement. The rights granted under this include the right to make the Royalty-Free Content available to ten (10) separate individuals (cumulatively over the Term) for the sole purpose of manipulating or otherwise using the Royalty-Free Content to create the End Use according to the terms provided herein ("Users"), in any and all media now known or hereafter devised. Licensee must obtain an additional license and pay ECI the applicable one-time flat fee in order to make the Content available to more than ten (10) Users

3.3 Rights Managed License: Subject to the terms and conditions of this Agreement, and excluding the rights granted in our Royalty Free License and Presentation images right to use, ECI grants Licensee a limited, non-exclusive right to use the Rights Managed Content licensed hereunder to create and exploit the End Use solely as specified in the Invoice, within the terms and conditions herein. ECI reserves all rights not specifically granted in this Agreement. Unless otherwise stated in the Invoice, the license granted hereunder for the applicable Rights Managed Content allows Licensee to use the Rights Managed Content obtained hereunder for one year from the date the applicable Invoice is issued. Except where specifically permitted on the Invoice for the applicable Content, Licensee may not distribute, publish, display or otherwise use in any way, the Rights Managed Content, including without limitation the End Use after the Term.

3.3 Comps/Presentation Images: Subject to the terms and conditions of this Agreement ECI grants Licensee the right to use Comps/Presentation images solely for ?Presentation or Review? purposes to determine if the content is appropriate for use within our Royalty Free, Rights Managed and Rights Combined licensing models, unless otherwise stated in the applicable Invoice, the Term of the Comps license is sixty (60) days from the date of download. Licensee may not copy, distribute, publish, display or otherwise use in any way the Comps after the Term without obtaining an appropriate Content license or if Licensee does not obtain such a license, upon expiration of the Term, Licensee must destroy all copies of the Comps Content. High Resolution Comp images can be obtained only at prior agreement with ECI or any ECI affiliate and any illegal use will be pursued.

5.0 Limitation of Liability and Warranty:

ECI warrants that: (1) it has all necessary rights and authority to enter into and perform this Agreement; (2) the Licensed Content will be free from defects in Content and workmanship for thirty (30) days from delivery (Licensee?s sole and exclusive remedy for a breach of this warranty being the replacement of the Licensed Content); (3) Licensee?s use of the Licensed Content in its original form and when used in accordance with this Agreement, will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; and (4) all necessary model and/or property releases for use of the Licensed Content authorized under this Agreement have been obtained. Neither ECI, nor any party on whose behalf ECI licenses Licensed Content, makes any representations or warranties as to whether any additional fees or payments may be due to any person depicted in Licensed Content pursuant to the requirements of any applicable trade union, and Licensee shall be solely responsible for any such additional fees or payments to such trade union.

NEITHER ECI NOR ANY LICENSOR MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LICENSED CONTENT OR ITS DELIVERY SYSTEMS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ECI NOR ITS LICENSORS SHALL BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF ECI OR ITS LICENSORS, AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES.

6.0 Intellectual Property: Eyecandy Images retains all rights, titles, and interests in all copyrights, patent rights, trademarks, and all other proprietary rights from the content. No rights are granted except for the commercial licenses specified in this Agreement. Licensee do not acquire any copyright ownership or equivalent rights in/of any Content or any other property of ECI. Licensee hereby allow ECI to use without charge Licensee?s End Use in displays and presentations for ECI marketing purposes, solely to demonstrate how Licensee have used the Content.

7.0 Indemnification: Licensee agrees to indemnify and hold harmless ECI and ?Licensors? officers, directors, employees, contractors, subsidiaries, joint ventures, licensors and licensees against all claims (including, without limitation, claims by third parties), liability, damages (including punitive damages), judgments, settlements, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (1) Licensee?s breach of any terms, conditions or restrictions of this Agreement (including the terms, conditions and restrictions identified on the Invoice(s) and Content Web Pages, (2) Licensee?s use or modification of any Content, or combination of any Content, with any text or other content, (3) Licensee?s failure to obtain from third parties all permissions necessary to use the Content, (4) Content which ECI has otherwise notified Licensee not to license or otherwise use prior to the beginning of the Term of the license for such Content; and (5) any act or failure to act by Licensee or any of Licensee?s employees, contractors, Employers, agents, clients, Principals, or Users.

ECI agrees to indemnify and hold Licensee harmless against all claims, liability, damages (except punitive damages), costs and expenses, including reasonable legal fees and expenses, awarded against Licensee arising out of or related to ECI? breach of the warranties to Licensee as provided above. Notwithstanding the preceding, ECI shall have no obligation unless Licensee provide ECI with written notice within fourteen (14) days of Licensee?s receipt of any claim subject to indemnity and the right to defend or control the defence of such claim and shall not, in any case, have any obligation with respect to any claims covered above.

8.0 Restrictions of Usage

8.1 Licensee may store the Licensed Content in a digital library, network configuration or similar arrangement to allow the Licensed Content to be viewed by employees, partners and clients of Licensee, but under no circumstance may the Licensed Content ever be used by more than 10 Users unless a separate seat license is purchased for each additional User, before such additional use begins.

8.2 Licensee may not sublicense, sell, assign, convey or transfer this Agreement or any of its rights under this Agreement but Licensee may sell or license derivative works incorporating the Licensed Content. However, Licensee may not include the Licensed Content in an electronic template intended to be Reproduced by third parties on electronic or printed products.

8.3 Licensee may not sell, license or distribute any derivative work containing the Licensed Content in a way that would allow a third party to download, extract or access the Licensed Content as a standalone file.

8.4 Licensed Content shall not be incorporated into a logo, trademark or service mark.

8.5 Licensee may not post the Licensed Content online in a downloadable format or enable it to be distributed via mobile telephone devices.

8.6 If any Licensed Content featuring a model is used in (1) a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service; or (2) connection with a subject that would be unflattering or unduly controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that the person is a model and the Licensed Content is being used for illustrative purposes only.

8.7 The Licensed Content may not be used in a pornographic, defamatory or otherwise illegal manner, whether directly or in context or juxtaposition with other Contents.

8.8 Licensee must retain the copyright symbol, the name of ECI, the Licensed Content's identification number and any other information as may be invisibly embedded in the electronic file containing the original Licensed Content.

8.9 Licensee must abide by any restriction on use notified to it by ECI before or at the time of delivery of the Licensed Content, either in the information accompanying the Licensed Content or otherwise.

8.10 If the Licensed Content is used in an editorial manner, Licensee must include the following credit adjacent to the Licensed Content: "[Photographer?s name]/Eyecandy Images". While efforts have been made to correctly caption the subject matter of the Licensed Content, ECI does not warrant the accuracy of such information.

9.0 Termination/Cancellation

The license contained in this Agreement will terminate automatically without notice from ECI if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately (1) stop using the Licensed Content; (2) destroy or, upon the request of ECI, return the Licensed Content to ECI; and (3) delete or remove the Licensed Content from Licensee's premises, computer systems and storage (electronic or physical).

ECI reserves the right to revoke the license to use the Licensed Content for good cause and elect to replace such Licensed Content with alternative Licensed Content. Upon notice of any revocation of a license for any particular Licensed Content, Licensee shall immediately cease using such Licensed Content and shall where possible ensure that its clients and customers do likewise.

10.0 Confidentiality

During this Agreement, ECI may provide Licensee with certain pricing, technical, marketing, strategic, product development, locations, and other confidential information. Licensee acknowledge that such confidential information encompasses valuable trade secrets and is proprietary to ECI. Licensee agree that Licensee will maintain the confidentiality of any "confidential information" that ECI may provide to Licensee, and Licensee shall not use or disclose the same without the prior written consent of ECI. "Confidential information" includes any information that is either designated as confidential by ECI or that, under the circumstances surrounding the disclosure, ought in good faith to be treated as confidential by Licensee.

11.0 Miscellaneous

Unauthorized Use. Any use of Licensed Content in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling ECI to exercise all rights and remedies available to it under copyright laws around the world. Licensee shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party. In addition and without prejudice to ECI? other remedies under this Agreement, ECI reserves the right to charge and Licensee agrees to pay a fee equal to five times ECI? normal license fee for use of the Licensed Content.

Governing Law. This Agreement will be governed in all respects by the laws of the State of New York, U.S.A., without reference to its laws relating to conflicts of law. Any disputes arising from this Agreement or its enforceability shall be settled by binding arbitration to be held in London, England and/or all other confirmed working offices of ECI; The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. Notwithstanding the foregoing, ECI shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against Licensee in the event that, in the opinion of ECI, such action is necessary or desirable.

Severability. If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.

Waiver. No action of ECI, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of ECI in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by ECI of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy by ECI on any one occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion.

Currency. Licensee will oblige to set currency for his/her own target market, at no time a different currency will be granted by ECI and it?s affiliated and at no time should customer seek Content from our Designated web pages and source lower currency value sources for purchase. This act will result in cancellation and termination of all licensing and registrations and/or accounts.

Offensive/Explicit Content

Our content may show offensive, sensitive or provocative scenes, situations or images. Nudity is shown as well as the interpretation of sexual acts. Images can be seen as pornographic which is the opinion of the viewer, any gross pornographic acts, scenes or body parts will not be shown. Eyecandy images will not be responsible or liable at all for any physical or emotional damage caused on the terms of underage viewing, religion, local legal practices, grievance or disciplinary issues within a corporate or non corporate workplace. Any person viewing our site and images will be doing this on their own accord and risk.

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Royalty Free License Information for Unlisted Images

This End User License Agreement is applicable to the following collections:


AsiaStock

Unlisted Images, Inc. Royalty-Free End User License Agreement

THIS IS A LEGAL AGREEMENT (AGREEMENT) BETWEEN YOU AND UNLISTED IMAGES, INC. (LICENSOR). BY ACCEPTING AND USING LICENSORS ROYALTY-FREE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

Section 1: Definitions

Product or Products means any Licensor image, photograph, illustration, animation, clipart, footage clip, audio clip, font, or any other audio or visual content, whether obtained via download from any Licensor website or Authorized Distributors (as defined below) website, or delivered via any storage media, and shall include all metadata including keywords, descriptions, and captions associated therewith.

Licensee means you, your employer, and/or your client (if you are an agent acting on behalf of a client).

Authorized Distributor means any distributor that Licensor has authorized to distribute Licensors Product.

Section 2: Grant of Rights

Subject to Licensees payment of the purchase price for the Product and Licensees compliance with the terms of this Agreement, Licensor grants Licensee a non-transferable, non-exclusive, non-sublicensable right to use and reproduce the Product only for the Permitted Uses (Permitted Uses) described below. No ownership or copyright in any Product shall transfer to Licensee by the grant of the license contained in this Agreement. All rights not specifically granted by this Agreement are retained by Licensor and the copyright holder.

Section 3: Number of Users / Seat License

Licensee may store the Product on a server, image library, or network configuration to be viewed by Licensee or its clients, provided that no more than 10 designated individuals may use the Product. Before permitting additional use to more than those 10 designated individuals, Licensee must upgrade the seat license with Licensor.

Section 4: Permitted Uses

Licensee may, subject to the Restrictions on Use listed below, use, alter, crop, modify, or adapt the Product in connection with the following permitted uses.

Print media (provided that such use is not intended to allow the re-distribution or re-use of the Product), including advertising and promotional materials, editorial publications, and consumer merchandise;

Internet, intranet, online or web-based media, provided the resolution of the Product does not exceed 72dpi or 480x640 pixels;

Broadcast and theatrical exhibitions;

Derivative works incorporating the Product, provided Licensee does not use the Product in any electronic template or application, including those that are internet-based, where the purpose is to create multiple impressions of an electronic or printed product, including but not limited to: website designs, presentation templates, electronic greeting cards, business cards, or any other electronic or printed matter without obtaining a license for such purpose;

Products intended for resale, provided these products are not intended to allow the re-distribution or re-use of the Product; and

Additional uses approved in writing by Licensor.

Licensor requests that the following credit appears adjacent to the Product: Unlisted Images, Inc..

Section 5: Restrictions on Use

Licensee may not use nor permit the use the licensed Product beyond the terms of this Agreement without first obtaining an additional license, including any electronic reproduction or promotional rights.

Except as provided herein, Licensee may not:

Sublicense, sell, distribute, assign, convey, or transfer the Product or any of its rights under this Agreement;

Sell, license, or distribute its final product in such a way that allows others to extract or access the Product as a stand-alone file;

Incorporate the Product into a logo, trademark, or service mark;

Distribute, post, or upload the Product online in a downloadable format or enable it to be distributed via mobile telephone devices;

Use any Product in a pornographic, defamatory, obscene, offensive, libelous, or otherwise illegal manner, whether directly or in context or juxtaposition with specific subject matter and/or other materials;

Use any Product in any way that infringes on any copyright, trade name, trademark, or service mark;

Use Product as part of any use involving sensitive subjects, including, without limitation, topics that may depict the subject matter of a Product in a negative or unfavorable light, that subject persons to ridicule, that imply illegal activities, and topics regarding all sexual issues, feminine hygiene, incontinence, impotence, sexually transmitted diseases, teen pregnancy, abortion and adoption, welfare or economic aid, dating agencies, substance abuse, physical or mental abuse, alcohol, drugs, tobacco, homosexual or alternative lifestyles, political or religious affiliation, medical conditions or procedures, other health and mental health issues, or the disparagement of a person or product;

Use any Product to promote a business that sells or licenses photographic products, or otherwise competes with Licensor in any manner; or

Ship, transfer, or export any Product into any country where such Product is prohibited, or use any

Product in any manner prohibited by any export laws, restrictions, or regulations.

Section 6: Editorial Credit

If any Product is used in an editorial manner, the credit line, "[BRAND NAME]/UNLISTED IMAGES, INC.", must appear adjacent to the Product or as otherwise indicated by Licensor. Product used for advertising purposes does not require credit, although it is appreciated.

Section 7: Releases and Captions

Licensor grants no rights and makes no warranties with regard to the use of names, people, trademarks, trade dress, logo types, registered, unregistered, or copyrighted designs or works of art or architecture depicted in any Product, and Licensee must satisfy itself that all the necessary rights, consents, or permissions regarding any of the above, as may be required for reproduction, have been obtained. Licensee acknowledges that some jurisdictions provide legal protection against a persons image, likeness, or property being used for commercial purposes without their consent. Licensor does not warrant the accuracy of caption and keyword information.

Section 8: Termination and Revocation

Licensor reserves the right to automatically terminate this Agreement or revoke the license contained in this Agreement and Invoice without notice if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately stop using the Product, delete the Product and all copies from all computer systems and storage, and destroy all other copies.

Licensor reserves the right to discontinue Licensees use of any Product for any reason and elect to replace such Product with an alternative Product, and this Agreement shall automatically apply to such alternative Product. Upon notice to discontinue the use of any Product, Licensee agrees not to use the Product in the future.

Section 9: Electronic Storage

For all Product that Licensee takes delivery of in electronic form, Licensee must retain Licensors name and the image number or other identification number associated with the Product as may be included as part of the electronic file. Licensee will take all reasonable measures to safeguard against unauthorized third-party access to the Product. Licensee may make one (1) high-resolution backup copy of the Product for internal back-up purposes. Limited, temporary transfers of the Product are permitted to third parties integral to the creation of the final product, provided such third parties agree to abide by the terms of this Agreement. Upon the expiration or earlier termination of this Agreement, Licensee shall promptly delete the Product from its computer systems and storage.

Section 10: Cancellation Policy

Any claims for adjustment or rejection of terms must be made to Licensor within five (5) business days after receipt of Invoice. If Licensee submits a written request to cancel this Agreement within thirty (30) days after receipt of the Product, and such Product has not been used by Licensee, Licensor may grant a full refund of the licensee fee, less Licensors current transaction fee and any incidental fees or charges. Incidental fees or charges may include but are not limited to shipping, handling, research fees, and administrative fees, which are non-refundable.

Section 11: Warranty and Disclaimers

Licensor represents that it has the right to grant the license herein and warrants the Product to be free from defects in material and workmanship under normal use for 30 days from the date of license. Licensors entire liability and Licensees sole and exclusive remedy for a breach of the foregoing warranty and with respect to any claims arising out of this Agreement is the refund of the purchase price or replacement of the Product, at Licensors option.

Licensee represents and warrants that it has the right and authority to enter into this Agreement, and that it will not use the Product in any way that it not permitted by this Agreement. Licensee agrees that Licensor makes no warranties with regard to the use of names, people, trademarks, trade dress, logo types, registered, unregistered, or copyrighted designs or works of art or architecture depicted in any Product, and Licensee must satisfy itself that all the necessary rights, consents, or permissions regarding any of the above, as may be required for reproduction, have been obtained.

LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LICENSED MATERIAL OR ITS DELIVERY SYSTEMS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. LICENSOR SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, EXEMPLARY, DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES; LOST PROFITS OR LOSS OF PROSPECTIVE COMPENSATION, GOODWILL OR LOSS THEREOF; OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE PRODUCT, OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS, OR LOSSES.

LICENSORS MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE PRODUCT (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE PAID BY THE LICENSEE FOR THE PRODUCT. ALL CLAIMS MUST BE BROUGHT WITHIN TWELVE (12) MONTHS OF THE DATE THAT LICENSEE DISCOVERED THE CLAIM, OR SHALL BE WAIVED.

THE REPRESENTATIONS AND WARRANTIES MADE BY LICENSOR IN THIS AGREEMENT APPLY ONLY TO THE PRODUCT AS DELIVERED BY LICENSOR AND WILL BE INVALID IF THE PRODUCT IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT.

YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.

Section 12: Indemnity

Licensee agrees to defend, indemnify, and hold Licensor and its parent, subsidiaries, affiliates, and image providers and their respective officers, directors, and employees harmless from all claims, damages, liabilities, cost, and expenses (including reasonable attorneys' fees and costs), arising out of or as a result of (i) Licensees failure to abide by any restriction regarding the use of a Product; (ii) claims by third parties relating to Licensee's use of any Product outside the scope of this Agreement; or (iii) any other breach by Licensee of this Agreement.

Section 13: Miscellaneous

Jurisdiction and Attorneys Fees. This Agreement will be governed and construed in all respects by the laws of the State of Florida, U.S.A., without reference to its laws relating to conflicts of law. Any dispute, controversy, or claim between the parties arising out of or related to this Agreement shall be settled before the Circuit Court of Collier County, Florida, U.S.A., which shall be the only proper venue for any dispute, controversy, or claim arising hereunder, and each party hereby consents to the exclusive jurisdiction to such court to hear all disputes, controversies, and claims, and consent to service of process by registered mail or overnight courier with proof of delivery. To the extent that it would otherwise apply, the United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. If Licensor is obligated to go to court to enforce any of its rights, Licensee agrees to reimburse Licensor for its legal fees and disbursements if Licensor is successful. The parties agree that this Agreement has been and shall be written in the English language.

Assignment. Licensor may assign or transfer this Agreement. Licensee may not assign or transfer to anyone else the rights granted to Licensee in this Agreement without the prior written consent of Licensor.

Severability. If one or more of the provisions contained in the Agreement is found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected. Such provisions shall be reformed only to the extent to make it enforceable.

Waiver. No action of Licensor, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of Licensor in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of those rights or remedies on any other occasion.

Entire Agreement. You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. This Agreement contains all the terms of the agreement between Licensor and Licensee concerning the use of the Product and no term or conditions may be added or deleted unless made in writing and signed by Licensor. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other writing sent by Licensee, the terms of this Agreement shall govern.

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Royalty Free License Information for Westend61 Royalty Free
End User License Agreement

This legal agreement applies to Royalty Free Images purchased online and/or on CD ROM and/or
on a VCD (virtual CD), hereafter called ?the Images?. This is a legal agreement between you,
hereinafter referred to as "the Licensee", and Westend61 GmbH, hereafter called Westend61. By
using the Images you agree to be bound by this licence. If you are entering this agreement on behalf of your employer, the licence granted and restrictions and limitations recited herein apply to your employer as well as to you as a representative of your employer. Should you cease working for your employer, your employer may continue to operate under this Agreement.

1. Grant of Rights

1.1 Westend61 grants to the Licensee a non-transferable nonexclusive license to use the Images, in consideration of the obligations, warranties and undertakings of the Licensee in this Agreement, and subject to and conditional upon their full and timely performance and observance. 

1.2 This licence permits the following uses of the Images: You may use the images in your personal, professional, editorial and client projects including printed materials, advertisements, packaging, presentations, film, video, commercials for television broadcast, online or multimedia projects, computer games and web designs.

1.3 The Images may be accessed and used by up to 10 employees of the Licensee, on a computer network. For sharing on larger networks, an upgrade license is required:

Standard - Up to 10 people may manipulate or otherwise use the image(s) to create layouts or other end uses. There is no limit to the number of employees or contractors who may view the image. Included in RF License Fee

Site license - All employees and contractors in a single physical location may manipulate or otherwise use the image(s). There is no limit to the number of employees or contractors who may view the image. Add 100% (multiply the list price by 2)

Up to 100 Seats - Up to 100 employees and contractors in a single organization (worldwide) may manipulate or otherwise use the image(s). There is no limit to the number of employees or contractors who may view the image. Add 150%

Unlimited Seats - All employees and contractors in a single organization (worldwide) may manipulate or otherwise view and use the image(s). Add 200% (multiply the list price by 3)

Please approach Westend61 (office@westend61.de) or one of our sub-contractors (maXximages.com) for this purpose. You may make one copy of an image solely for backup or archival purposes or transfer the image to a single hard drive, provided that you keep the original and accompanying documentation in your possession.

2. License Restrictions and Warranties

2.1 The Licensee warrants and undertakes not to assign or license the use of the Images or any portion thereof for any purpose other than those purposes specifically agreed between Westend61 and the Licensee under this Agreement. The Images may not be resold or otherwise made available for use or distribution separately or detached from a product or web page. The Licensee may not loan, rent, hire or otherwise transfer or purport to transfer the right to use the Images in any way to any other person or entity, including but not limited to: the design of websites, digital cards, business cards or any other digital or print media.

2.2 Use as a logo, trademark or service mark is not permitted.

2.3 The Images may not be placed on any electronic bulletin board, or online in a downloadable format, or used in a Website at a resolution higher than 72dpi. 

2.4 You may not under the terms of this Agreement use the Images in commercial products where the Images make up a significant part of the re-sale value of the product (i.e., postcards, posters, calendars, etc.). For such usages of an Image you must acquire an extended onetime Commercial Product Image License from Westend61. Please contact Westend61 (office@westend61.de) for this purpose. 

2.5 It is forbidden to use the Images or portions of them for the production of pornographic, defamatory, libellous or defamatory materials, or allow this to other parties, whether directly or in context or juxtaposition with other materials. In connection with a subject that would be unflattering or unduly controversial to a reasonable person, including but not only: sexual issues, AIDS, serious physical or mental diseases, drug abuse, etc., the Licensee must accompany each such use with a statement that indicates that the person is a model and that the Images are being used for illustrative purposes only. If the Licensee intends to use the Images for such sensitive issues, then he is obliged to inform and ask for permission of such application with Westend61 beforehand.

2.6 The Licensee accepts and warrants that the use of the Images shall not infringe any third party rights, of any nature, and any liability for the infringement of third party rights, of whatsoever nature, shall rest with the Licensee. Westend61 grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in the Images, and Licensee must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained.

2.7 This Agreement is valid until its end. This Agreement terminates automatically upon failure by the Licensee to comply with its terms.

3. Copyright

3.1 The Images are copyright ? Westend61 and/or its licensors. The Images are protected by German Copyright laws, international treaty provisions and other applicable laws. No title or intellectual property rights in the Images are transferred to the Licensee.

3.2 The Licensee shall ensure that all copies of the Images published and distributed by the Licensee shall contain full notice that the copyright is retained by Westend61. 

4. Limited Warranty

4.1 Westend61 warrants for a period of 60 days from delivery that the Images is free from defects in material and workmanship. Your sole and exclusive remedy for a breach of this warranty is the replacement of the Images or a refund of the purchase price, at the option of Westend61. Westend61 makes no other warranty nor agrees any other condition, representation or undertaking, either express or implied, of any nature, including as to merchantability, satisfactory quality, fitness for any particular use or compatibility with any computer or other kind of equipment. Neither Westend61 nor any of its agents or employees shall be liable to any distributor or other reseller, customer, end user or other person or any indirect, incidental, special or consequential damages (including loss of profit, business, revenue, goodwill or anticipated savings) resulting from its performance or non-performance of this Agreement or the use of, or inability to use the Images provided under this Agreement or arising (or which might be claimed) under any other cause of action or theory of claim.

5. Determination

It shall constitute repudiation by the Licensee of its obligations under this Agreement if: 

5.1 The Licensee fails to pay any amount due under this Agreement within 10 working days of the due date.

5.2 The Licensee is in breach of any other term of this Agreement.

5.3 Any of the Licensee's representations shall prove to have been incorrect.

5.4 The Licensee is declared or becomes insolvent or bankrupt, or the Licensee is put into examinership, receivership, administration or liquidation. Westend61 reserves the right to accept such repudiation on the part of the Licensee and to determine the license Agreement forthwith and to demand the immediate return of all Images in whatever form supplied or held created or produced by the Licensee. 

6. General Provisions

6.1 The provisions of this Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, whose courts shall be the courts of sole jurisdiction in relation to this Agreement. Notwithstanding the foregoing, the Westend61 shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against Licensee.

6.2 This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

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 Royalty Free License Information for Tetra Images Royalty Free
End User License Agreement

This license agreement ("Agreement") is between you ("Licensee") and Tetra Images LLC (?Licensor?), and governs your use of Licensor?s Images.? YOUR PURCHASE OR USE OF ANY IMAGE OR CD-ROM PRODUCT SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.? IF YOU DO NOT AGREE TO THESE TERMS, RETURN THE IMAGE(S) UNUSED FOR A FULL REFUND.

1. License

Subject to the terms of this Agreement, Tetra Images LLC grants Licensee a worldwide, non-transferable, non-exclusive right to reproduce, transmit and display, in whole or in part, Tetra Images LLC?s Royalty Free Image(s) (whether available as part of a CD-ROM collection of images or downloaded as a single image) an unlimited number of times, in any and all media for the purposes described below.? Tetra Images LLC represents that it has the right to grant the license herein.? All other rights to the Image(s), CD-ROM and accompanying materials (if applicable), including without limitation, copyright and all other rights, are retained by Tetra Images LLC.

2. Permitted Uses

-Any print media, including advertising and promotional materials, editorial publications and consumer merchandise;

-Any Internet, intranet, online or web-based media provided the resolution of the images does not exceed 72 dpi;

-Broadcast and theatrical exhibitions;

-Products intended for resale; provided these products are not intended to allow the re-distribution or re-use of the Image(s);

-Derivative works incorporating the Licensed Images; and

-Additional uses approved in writing by Tetra Images LLC.

Licensee may alter, crop, modify or adapt the Images in connection with the above permitted uses.? Licensee may make a back-up copy of the Image(s) for internal back-up purposes provided Tetra Images LLC?s copyright and any image identifying information is retained with the file.? Licensee's rights to the licensed Images are worldwide and perpetual.? Limited, temporary transfers of the Images are permitted to third parties integral to the creation of the final product, provided such third parties agree to abide by the terms of this agreement.

3. Number of Users / Seat License

Licensee may use the Images on a server, image library or network configuration to be viewed by Licensee provided that no more than 10 persons (including part-time and freelance employees or agents) of Licensee can access the Images.? This is NOT a simultaneous user agreement. Before permitting access to more than 10 persons, Licensee must purchase a separate seat license from Tetra Images LLC, or its authorized distributor, for each additional individual user.? Contact Paul H. Henning? at 414.607.9642 or paul@tetraimages.com for further information.

4. Restrictions on Use

Except as provide herein, Licensee may not

-sublicense, sell, assign, convey or transfer any of its rights under this Agreement

-sell, license or distribute its final product in such a way that permits Licensee's end users to extract or access the Images as a stand-alone file.

-Include licensed Image(s) in any electronic template intended for reproduction by third parties on electronic or printed products.

-Incorporate the Images into a logo, trademark or service mark.

-Distribute, post or upload the Image(s) online in a downloadable format.

-Enable any Image to be distributed via mobile telephone devices.

-Use any Image in a pornographic, defamatory, libelous or otherwise illegal manner, whether directly or in context or juxtaposition with other materials or accompanying text.

 

If a licensed Image is used in an editorial manner (newspaper, magazine or other periodical, book,

etc.), Licensee must include the following credit line adjacent to the licensed Image: "Tetra

Images".

5. Product? Endorsement Or Sensitive Use Disclaimer

If any Image featuring a model is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or if the depiction of the model is used in connection with a subject that would be unflattering, embarrassing or unduly controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that the person is a model and that the Image is being used for illustrative purposes only.

6.Releases

Model releases are available on Image(s) containing models upon request.? Names are removed to protect the privacy of the model. Other than model releases for recognizable persons, Tetra Images LLC grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Image, and Licensee must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained.

Unless our invoice specifically indicates an Image has a property release, it is not to be construed that such a release exists.

Certain public and private locations, monuments, buildings and properties may be protected by copyright or trademark law.? It is the responsibility of the Licensee to secure these rights before using an Image. ?Tetra Images LLC does not warrant that property releases have been obtained for such images, nor will Tetra Images LLC assume responsibility for obtaining clearances for such uses.

7. Indemnity

Licensee agrees to indemnify and hold Tetra Images LLC harmless against all claims arising out of or in connection with any breach of this Agreement.

8. Warranties

DIGITAL IMAGE FILES ARE PROVIDED "AS IS."? TETRA IMAGES LLC AND ITS AUTHORIZED DISTRIBUTORS MAKE NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OF IMAGE, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM.  THE USE OF THE IMAGES IS AT YOUR OWN RISK.

TETRA IMAGES LLC AND ITS AUTHORIZED DISTRIBUTORS SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE IMAGES, OR OTHERWISE, EVEN IF TETRA IMAGES LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES.

Although Tetra Images LLC has attempted in all cases to correctly caption the subject matter of the Images, Tetra Images does not warrant the accuracy of such information.

Licensee may have additional rights under state or local law.

9. Payment Terms

No rights to use the Image(s) are granted until the invoice relating to the Image(s) is paid in full.? A service charge of two percent (2%) per month, or such other amount allowed by law, may be charged by Tetra Images LLC?s authorized distributor thereafter on any unpaid balance.? Any claims for adjustment of terms must be made to Tetra Images LLC or its authorized distributor within five (5) days of the receipt of the invoice.

10. Termination

The license contained in this Agreement will terminate automatically without notice from Tetra Images LLC if Licensee fails to comply with any provision of this Agreement.? Upon termination, Licensee must immediately (i) stop using the Image(s), (ii) destroy or, upon the request of Tetra Images LLC or its authorized distributor, return the Images to Tetra Images LLC or its authorized distributor, and (iii) delete or remove the Images from Licensee's premises, computer systems and storage (electronic or physical).

11. Revocation

Tetra Images LLC and its authorized distributors reserve the right to revoke the license to use any Image(s) for good cause and elect to replace such Image with an alternative Image. ?Upon notice of any revocation of a license for any Image(s), Licensee shall immediately cease using such Image (s), shall take all reasonable steps to discontinue use of the replaced Image(s) in products that already exist and shall inform all end-users and clients of same.

12. Severability

If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected.? Such provisions shall be reformed only to the extent to make it enforceable.

13. Choice of Law

If Licensee is located within the United States of America, then this Agreement will be governed in all respects by the laws of the State of New Jersey, United States of America, without reference to its laws relating to conflicts of law.? Licensee agrees that the local, county or state courts of New Jersey, and the United States Federal Court for the District including New Jersey, are the agreed and appropriate forums for any such suit, and Licensee consents to service of process by registered mail or overnight courier with proof of delivery.

If Licensee is located outside of the United States of America, then this Agreement will be governed in all respects by the applicable and relevant national, regional or local laws and statutes of the country, region, city and/or township in which Licensor?s authorized distributor, from which Licensee obtained the Image(s), is located.

The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement.

14. Waiver

No action of Tetra Images LLC or its authorized distributors, other than express written waiver, may be construed as a waiver of any provision of this Agreement.

15. Entire Contract

This contract contains all the terms of the license agreement and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of both parties.

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Royalty Free License Information for Datacraft Co., Ltd.
End User License Agreement

This End User License Agreement is applicable to the following collections:

Hana
QxQ
Sozaijiten

Terms and Conditions 

All copyrights for the Content provided through the Service are retained by Datacraft or the third parties that have supplied the Content to Datacraft. Nothing contained in this Agreement shall be construed as assigning the User any right to the Content or as authorizing the User to grant any third parties a license to use the Content.

 [Scope of License]

The license to use the Content is granted only to the User who has purchased the Content.

The User may use the Content, with or without modification, in advertisements or other items stated below for commercial or non-commercial purposes. The User shall also refer to the terms and conditions for the use of the Content pursuant to the Extended License and Prohibitions below:

-  Advertising printed matter (e.g. flyers, catalogs and brochures advertising products and/or services), web advertising, commercial films

-  Material distributed for commercial or personal use

-  Merchandise design

-  Web design

The Content that was supplied by the User to any third party may be used by that third party on condition that the Content is used without modification. When the User entrusts a third party to alter the Content, that third party may use the Content only for accomplishing the User?s purpose. The User shall be responsible for ensuring that the third party to whom the User supplied the Content uses the Content in compliance with the terms and conditions of this Agreement.

The information shown on the preview page of the Content applies to the use of the Content by the User. The User shall not fail to read and understand the information before or during use of the Content.

 ?[Extended License]

When the User wishes to use the Content for any of the usages stated below, with or without modification, the User must purchase a separate agreement for an Extended License, a fee-based additional service. An inquiry with Datacraft is required for obtaining details of the Extended License. The intended uses that require an Extended License include but are not limited to the following examples:

-            Use of the Content for services, at the request of a third party, to modify and supply the Content (including to supply the Content in printout or other output form) to a special majority or to the general public. These services include:

Production and/or printing of greeting cards, including New Year?s cards and invitation cards;

Production of smartphone cases;

Production of T-shirts: and

Production of promotional novelty products.

-????? Use of the Content in a manner that enables a third party to choose to use the Content, including:

Downloading the Content for wallpapers of computers or other digital devices;

Bundling the Content with hardware, software or books; or

Loading the Content into templates

-????? Use of the Content for the purpose of letting a third party modify or edit the digital data containing the Content

-????? Copy of the Content onto hard disk drives, servers or cloud servers accessible by multiple computers or client terminals

It should be noted that part of the Content is not available for Extra License Agreement due to the copyrights involved.

 ?[Prohibitions]

The User shall not use the Content, with or without modification, in any usages specified below:

-????? Use of the Content in a manner or by using wording that gives the false impression that the User owns the copyright to the Content or is authorized to grant a license to use the Content

-????? Use of the Content for creating or handing over products that are identical or similar to the objects in the Content (e.g. textiles, fabrics, paper, etc.)

-????? Use of the Content in trademarks, trade names or other trade descriptions

The User shall not use the Content in a manner that is offensive to public order and morals. It is not allowed to use the Content for the purpose of any business or activity that is against public order and morals. The User shall not use the Content in adult videos/ magazines, irrespective of the media used, including but not limited to covers, articles and advertisements of such adult videos or magazines. The Content shall not be used in articles, images, advertisements or other media which are created for porn or adult entertainment industry.

The User shall not use the Content in a manner that is detrimental to the characteristics, dignity, honor or credibility of the objects in the Content (i.e. everything contained in the Content including people, goods and landscapes).

The User shall not use the Content in a manner that gives or is likely to give the impression that the objects in the Content is using or recommending a specific service or commodity, or in a manner that makes or is likely to make the objects look displeasing or otherwise ruins or is likely to ruin the reputation of humans in the Content.

The User shall not use the Content in any media whose content, in whole or in part, is illegal, false, libelous or slanderous.

The User shall make inquiry with Datacraft when the User is not sure whether any specific act of the User falls under the category of the aforementioned prohibited uses.

 ?[Indemnification]

The User acknowledges that Datacraft does not provide you with any guarantee regarding the Content. In no event shall Datacraft be liable for any impediments, accidents, or any loss or damage that are caused from or in connection the Service or use of the Content.

The Content, its explanation and captions including place names and other proper names have not been updated since the Content and images/photos in the Content were created. The Content may consist of modified or composite images/photos including satellite images and computer graphics. The User acknowledges that Datacraft does not provide you with any guarantee regarding the accuracy of these images/photos from an academic, technical or any other perspective.

The User acknowledges that the User?s sole remedy for any defect in the Content shall be replacement of the Content with a substitute (the latest version of the Content when the replacement is claimed) without defect and Datacraft disclaims any other liabilities and remedies with respect to any defect in the Content.

The Content provided through the Service may be changed without prior notice, and the Content that the User wishes to use may become unavailable. Datacraft assumes no responsibility whatsoever for any damage or loss incurred by the User and any third party or for any dispute arising between the User and any third party due to the termination of the license to use the Content. The User shall refer to the latest information about the Content on the Datacraft?s website from time to time.

 ?[Other]

The User is not required to include Datacraft or the Service in the credit titles or brand names that the User may choose to show in relation to the use of the Content.

In the event of the User is in violation of any terms or conditions of this Agreement, Datacraft shall be entitled to immediately terminate this Agreement without prior notice, and the User may not use the Content thereafter.

Regarding any use of the Content by anyone, including but not limited to the User, in violation of this Agreement or any unauthorized use, Datacraft is entitled to claim damages and penalties 5 times as great as the royalties.

This Agreement shall be governed by and construed in accordance with the laws of Japan. Any dispute which may arise in relation to this Agreement or the Service shall be under the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

 

April 1, 2014

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Royalty Free License Information for Radius Images (A product of Masterfile Corporation)
End User License Agreeement

THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU, YOUR COMPANY, YOUR EMPLOYER AND YOUR CLIENT, AS THE CASE MAY BE (COLLECTIVELY REFERRED TO HEREIN AS ?YOU? OR ?YOUR?) AND MASTERFILE CORPORATION

(?MASTERFILE?). THIS AGREEMENT APPLIES TO LICENSES REGARDING RADIUS IMAGES ROYALTY FREE IMAGES (?RF

IMAGE(S)?) ISSUED VIA THE WEB (OR ANY OTHER MEANS) BY MASTERFILE OR BY MASTERFILE?S AUTHORIZED RF IMAGE DISTRIBUTORS (?DISTRIBUTOR(S)?). BY DOWNLOADING AND/OR USING ANY RF IMAGE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. MASTERFILE RESERVES THE RIGHT TO CHANGE ANY TERMS OF THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE, AND YOU AGREE TO BE BOUND BY SUCH CHANGES. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, AS AMENDED, YOU ARE NOT AUTHORIZED TO USE OR LICENSE ANY OF THE RF IMAGES.

 1. Copyright in RF Images

All RF Images, whether photographs, illustrations, digital art and other forms of images are the exclusive property and copyright of Masterfile and/or its licensors. The RF Images are protected by national copyright laws, international treaty provisions and other applicable laws.

 2. Unauthorized use of RF Images

Unless You have received and paid for a license from Masterfile or a Distributor:

a. it is illegal to copy or use any portion of any RF Image whether by photographic means, scanning, digital copying, or as reference for another image; and

b. it is illegal to incorporate all or part of any RF Image into another image. Changing an RF Image does not give You any right to use the changed RF Image. The original RF Image, however modified or distorted, is still protected by copyright.

 3. Liability for unauthorized use of RF Images

Masterfile, the Distributors and Masterfile?s contributing artists and licensors earn their living by licensing all rights to the RF Images. You agree that any unauthorized use, publication or transmission of any RF Image by You is an infringement of copyright and that You will be responsible for any fees, damages and/or compensation arising from Your unauthorized use, as further outlined in Section 9 below [re: Copyright Infringement].

 4. RF License

An ?RF License? is a written document, whether in electronic or printed format, created by Masterfile or a Distributor which may be issued in response to a request from You for permission to use an RF Image. Such request may be conveyed to Masterfile or a Distributor via the internet, via e-mail, orally via telephone, or other means of communication. An RF License is normally printed and mailed but can be delivered to You by e-mail or fax if so requested. Even if You have been permitted to download an RF Image from Masterfile or a Distributor, no rights will be granted to that RF Image until an RF License has been issued by Masterfile or a Distributor and You have paid the applicable RF License fee in full. The RF License fee is non-refundable.

 5. Grant of License

Upon receipt of full payment from You, Masterfile or the respective Distributor will grant You the non-exclusive, nontransferable license to use and modify the Licensed RF Image an unlimited number of times in any and all media, subject to the restrictions contained in this Agreement.

 6. Permitted uses

Subject to the restrictions listed in Section 7, You may use the Licensed RF Image in any print, online, film, video, broadcast or multi-media product for promotional, advertising, editorial or consumer merchandise use, provided such products are not intended to allow the re-distribution or re-use of the RF Image.

a. Any other use must be approved in writing by Masterfile.

b. The RF Image may be reproduced by subcontractors on your behalf under the condition that the subcontractors agree to abide by the terms of this Agreement. Notwithstanding the foregoing, and for the avoidance of doubt, You are not authorized to sublicense the RF Image to anyone.

c. You may alter, crop, manipulate and create derivative works of the RF Image in accordance with this Agreement.

d. Your rights to the RF Image are worldwide and perpetual, unless terminated in accordance with this Agreement.

 7. Non-Permitted Uses

You are not permitted to do the following:

a. You may not rent, transfer or grant any rights to the Licensed RF Image to any person or organization without the prior written consent of Masterfile including, without limitation, for any compilation, derivative or collective work containing such Licensed RF Image.

b. You may not use the Licensed RF Image on more than ten (10) computers or workstations at a time, or on a network or a multi-user system without purchasing additional seat licenses. If you need a seat license contact Masterfile or the respective Distributor to negotiate an additional license.

c. You may not sell, license or distribute Your final product in such a way that permits other persons to

extract or access the Licensed RF Image as a stand-alone file.

d. You may not incorporate the Licensed RF Image into a logo, trademark or service mark.

e. You may not post any RF Image on any electronic bulletin board, put it on-line in a downloadable or

FTP format, use it in a website at a resolution higher than 72 dpi, or enable it to be distributed via mobile telephone devices.

f. You may not use the Licensed RF Image in any electronic template or application, including those that are Internet-based, where the purpose is to create multiple impressions of an electronic or printed product, including, but not limited to, website designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter without obtaining a license from Masterfile for such purpose.

 8. Credit line

If the RF Image is to be used in an editorial context or for certain other media, such as calendars, where the publishing of credit lines is the norm, You will be required to include a credit line in the form ?? Radius Images/Name of Distributor? as a condition of the RF License.

 9. Copyright infringement

Masterfile will be entitled to a compensatory fee equal to the greater of U.S. $1,500 or ten (10) times the usual RF License fee for each Unlicensed Use by You of any RF Image in addition to any other rights or remedies available to Masterfile under law or equity (without You thereby acquiring any rights to the RF Image). ?Unlicensed Use? means any reproduction that is not specifically granted in the RF License by Masterfile, or any reproduction for which an RF License has not been paid.

 10. Termination of License

The RF License is perpetually in force unless it is terminated by Masterfile or a Distributor. If You do not comply with the terms and conditions of the RF License, then the RF License will automatically terminate and You must cease using the respective RF Image(s) immediately.

 11. Revocation of RF License

Masterfile and/or the respective Distributor reserve the right to revoke the license to use any RF Image for good cause and to elect to replace such RF Image with an alternative RF Image. Upon notice of any revocation of a license for any RF Image, You agree to cease using such RF Image immediately and will take all reasonable steps to discontinue the use of the replaced RF Image in products that already exist and will inform all end-users and clients of same.

 12. Verification of information

You are responsible for the verification of all information (including image codes) appearing in an RF License.

 13. Third Party Releases

a. Any RF Image of a recognizable person is deemed to have a model release unless Masterfile has stated otherwise in the caption information for the respective RF Image;

b. An RF Image is deemed to have a property release only if the existence of such release is specified in the caption information for the respective RF Image;

c. Masterfile does not have releases for the trademarks, logos or other intellectual property of other parties that may be depicted in some RF Images. The procuring of such releases is Your responsibility; and

d. Masterfile does not have releases from manufacturers for commercial products such as (without limitation) automobiles, aircraft, packaged products, designer clothing, etc. that are depicted in some RF Images. It is generally not possible for any stock image library or artist to get blanket releases for such products, but they can often be obtained on a case-by-case basis. The procuring of such releases is Your responsibility.

 14. Context of use

You hereby agree that:

a. You will not use or permit the use of any RF Image in a defamatory, libelous, pornographic or unlawful context or contrary to ethical business practices;

b. You are responsible for all text used and claims made in connection with Your use of any RF Image;

and

c. An RF Image depicting a person (the ?Model?) may not be used in a sensitive context (including, without limitation, context relating to sexual conduct, criminal activity, substance abuse, mental condition, religious, political or racial bias). Notwithstanding the foregoing, if an RF Image featuring a Model is to be used in a context that may be controversial or embarrassing to that Model, You must print a statement adjacent to the reproduction indicating that the person is a model and is used for illustrative purposes only.

 15. Masterfile?s Distributors

The Distributors are authorized and required to act on Masterfile?s behalf in all matters relating to delivery of RF Images, licensing, collection of payments, remittance of royalties to Masterfile, service to clients and the protection and enforcement of copyright in the RF Images within their respective territories. Notwithstanding the foregoing, Masterfile will have the right to have sole control over any claim or disagreement in connection with the RF Images.

 16. Disclaimer

Use of the RF Images is at Your sole risk. The RF Images are provided on an ?as is?, ?as available? basis without representations, warranties or conditions of any kind, either express or implied, including but not limited to representations, warranties or conditions of title or implied warranties or conditions of merchantability or fitness for a particular purpose or compatibility with any computer hardware or other equipment, operating system or software program.

 17. Limitations of Liability

To the maximum extent permitted by law, in no event will Masterfile, its licensors, and Distributors and its and their respective directors, officers, agents and employees be liable for any indirect, punitive, incidental, special or consequential damages, whether foreseeable or unforeseeable, based on claims (including, but not limited to, claims for damages for loss of profits or loss of business opportunities, delay or inability to use the RF Images, mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations or transmissions) arising out of or in any way connected with the use of any RF Image whether based on contract, tort, strict liability or otherwise. Masterfile?s Liability in any circumstances will be limited to the amount paid for the License.

 18. Indemnity

You agree to indemnify and hold harmless Masterfile, its licensors, and Distributors and its and their respective directors, officers, agents and employees from any and all claims, liabilities, damages, demands, losses or expenses arising out of or in connection with: Your use of any RF Image; Your breach of the Terms and Conditions; Your breach of the RF License; or Your infringement of any third party intellectual property rights.

 19. Governing Law

a. If the RF License is issued by Masterfile Corporation, then that RF License is deemed to be made in Canada, and:

(i) this Agreement will be governed by the laws in force in the Province of Ontario, Canada (excluding the application of its conflicts of law rules) and the parties agree to the exclusive jurisdiction of the federal and provincial courts located in the City of Toronto, Ontario; except

(ii) in the case of copyright infringements that occur in the U.S.A., this Agreement will be governed by the laws in force in the State of New York and U.S. federal laws (excluding the application of its conflicts of law rules) and the parties agree to the exclusive jurisdiction and venue of the Federal District Court of the Southern District of New York located in New York, NY.

b. If the RF License is issued by a Distributor and not by Masterfile Corporation, then that RF License is deemed to be made in and is governed by the laws of the country of the respective Distributor. For greater certainty, the United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement.

 20. Severability

If any provision of this Agreement violates the law of the applicable jurisdiction and is unenforceable, that provision will be severed and the balance of this Agreement will remain in force.

 21. Trademarks

"Masterfile" and ?Radius Images? (and the respective wordmarks) are trademarks of Masterfile Corporation. These

trademarks and wordmarks may not be used in any manner whatsoever without the express written permission of

Masterfile Corporation.

Version: 2006.06.02

? 2006 Masterfile Corporation. All rights reserved.

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Royalty Free License Information for Rubberball
End User License Agreeement

RUBBERBALL PRODUCTIONS IMAGE/CD LICENSE AGREEMENT

This license agreement ("Agreement") is between you, the party licensing imagery through this Agreement ("Licensee"), and RubberBall Productions ("Licensor"). Licensee? use of the Digital Media as defined below constitutes your acceptance of the terms of this Agreement.

1. License Terms
1.1 Covered Materials.
1.1.1 The photographs, fonts, illustrations, film clips, software and any and all other media and content in any form delivered to Licensee by Licensor, whether via Email, CD-ROM, DVD-R, by download from Licensor's website or otherwise (collectively, the "Digital Media") are licensed, not sold, to Licensee by Licensor for use pursuant to the terms of this Agreement.
1.1.2 Licensee may own the media on which the Digital Media are recorded, but Licensor, for itself or on behalf of its contributors, retains ownership of the Digital Media.
1.1.3 Any reference in this Agreement to the Digital Media shall be to each individual item within the Digital Media and also to the Digital Media taken as a whole.

1.2 Permitted / Non-Permitted Uses and Rights.
Subject to the terms of this Agreement:
1.2.1 Licensee has the non-exclusive, non-transferable, non sublicensable right to copy, reproduce, transmit and display the Digital Media an unlimited number of times in any and all media for the following purposes:
. Product Packaging
. Advertising and promotional materials;
. Online or Electronic Distribution Systems, including Web page Design to a maximum resolution of 72 dpi and 5 inches at its longest dimension;
. Broadcast and Theatrical Exhibitions;
. Publications and Products not for resale; and
. Any other uses approved in writing by Licensor.
1.2.2 On a product run for resale in excess of 10,000 copies where the value of the media is based on the Digital Media, an upgraded License must be purchased from RubberBall for products such as:
. Clothing, greeting cards, stationary, posters, etc.
1.2.3 Licensee has the right to have the Digital Media reproduced by subcontractors of Licensee, provided that such subcontractors agree to abide by the restrictions of this Agreement.
1.2.4 Licensee may alter, crop, manipulate and create derivative works of the Digital Media.
1.2.5 Licensee? rights to the Digital Media are worldwide and perpetual.
1.2.6 Licensor reserves all rights not expressly granted to Licensee herein.

1.3 Number of Users / Seat License
Licensee may create a digital library, network configuration, or similar arrangement to allow the Digital Media to be viewed by employees, partners and clients of Licensee, but under no circumstance may the Digital Media be used by more than 10 employees of Licensee. Licensee must purchase a separate seat license from Licensor for each additional individual user, before such additional use begins. Contact RubberBall Productions to negotiate an applicable seat license.

1.4 Restrictions
1.4.1 Licensee may not sublicense, sell, assign, convey or transfer any of its rights under this Agreement but Licensee may sell or license derivative works incorporating the Digital Media in accordance with the Permitted Uses. Licensee may not sell, license or distribute its work in such a way that Licensee? customer can extract or access the Digital Media as a stand-alone file.
1.4.2 Digital Media shall not be incorporated into a logo, trademark or service mark.
1.4.3 Licensee may not post the Digital Media online in a downloadable format.
1.4.4 If any Digital Media featuring a recognizable model is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service (for example, any Digital Media is used in a testimonial advertisement), Licensee must accompany each such use with a statement that indicates that the person is a model and the Digital Media is being used for illustrative purposes only. Licensee shall not under any circumstances use a photo with a recognizable person in a way that may be construed as humiliating, libelous or defamatory to the person. Any use of one or more Digital Images in connection with morally sensitive subjects such as bodily or mental disability, or those subjects unduly controversial to a reasonable person, must receive an explicit written agreement from RubberBall Productions allowing each use.
1.4.5 The Digital Media may not be used in a pornographic, defamatory, libelous or otherwise illegal manner, whether directly or in context or juxtaposition with other materials.
1.4.6 Licensee must retain the copyright symbol, the name of RubberBall Productions and the Digital Media? identification number as part of the electronic file and as otherwise contained on the original Digital Media.
1.4.7 Licensor grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Licensed Material, and Licensee must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained.

2. Indemnity
2.1 Licensee agrees to indemnify and hold RubberBall Productions harmless against all claims arising out of any breach of this Agreement.

3. Warranties
3.1 Licensor warrants the Digital Media to be free from defects in material and workmanship for 30 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the Digital Media.
3.2 LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE DIGITAL MEDIA, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LICENSOR SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE? USE OF THE DIGITAL MEDIA, THIS AGREEMENT, ANY INVOICE REGARDING THE DIGITAL MEDIA OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES.


4. Termination and Revocation
4.1 The license contained in this Agreement will terminate automatically without notice from Licensor if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately (i) stop using the Digital Media, (ii) destroy or, upon the request of Licensor, return the Digital Media to Licensor (in the case of analogue materials), and (iii) delete or remove the Digital Media from Licensee? premises, computer systems and storage (electronic or physical).
4.2 Licensor reserves the right to revoke the license to use the Digital Media for good cause and elect to replace such Digital Media with alternative Digital Media. Upon notice of any revocation of a license for any particular Digital Media, Licensee shall immediately cease using such Digital Media and shall ensure that its clients and customers do likewise.

5. Severability
5.1 If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be reformed only to the extent to make it enforceable.

6. Choice of Law
6.1 This Agreement will be governed in all respects by the laws of the State of Utah, U.S.A., without reference to its laws relating to conflicts of law. Any disputes arising from this Agreement or its enforceability shall be settled by binding arbitration to be held in Orem, Utah. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement.
6.2 Notwithstanding the foregoing, Licensor shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against Licensee in the event that, in the opinion of Licensor, such action is necessary or desirable.

7. Waiver
7.1 No action of Licensor, other than express written waiver, may be construed as a waiver of any provision of this Agreement.


8. Entire Contract
8.1 This contract contains all the terms of the license agreement and no termsor conditions may be added or deleted unless made in writing and signed by an authorized representative of both parties.
8.2 This license, dated 12/9/02, takes precedence over all previous RubberBall Productions Royalty Free License Agreements.


9. Contact Information
RubberBall Productions
102 South Mountain Way Drive, Orem, Utah 84058 U.S.A.
If you have any question, please contact us by phone:
Sales & Support:
1-801-224-6886 (USA & outside USA)
1-888-224-3472 Toll Free (USA):
Fax: 801-224-3353
e-mail: photos@rubberball.com

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Royalty Free License Information for Emotive

EMOTIVE IMAGES END USER LICENSE AGREEMENT FOR ROYALTY-FREE IMAGES  

This is a legal agreement between YOU ("YOU") and Emotive Images GmbH.  

Please read this agreement carefully. By downloading a Royalty Free single image and / or a collection of Royalty Free single images of a VCD (both referred to us ?PRODUCT?) from our website or that of one of our distribution partners, YOU agree to be legally bound by the terms and conditions of this agreement. If YOU do not agree with the terms and conditions of this agreement, do not download the PRODUCT. This agreement is between YOU and Emotive Images and is effective on the date that YOU accept the delivery of any PRODUCT, whether by electronic, physical or other means.?  

If YOU are entering into this agreement on behalf of YOUR employer, this license and all the terms and conditions herein apply to both YOUR employer and YOURSELF as a representative of YOUR employer, who shall herein be collectively referred to as "YOU". If YOU cease to be employed by YOUR employer for any reason, this agreement will continue with YOUR employer and YOU must enter into another agreement with Emotive Images in order to continue to use the PRODUCT.?  

The PRODUCT is copyrighted Emotive Images. All rights that are not specifically granted to by this agreement are reserved. YOUR right to use any of the PRODUCT is subject to YOUR full payment of the license and the restrictions set forth in this agreement.

 1. GRANT OF LICENSE

1.1 Subject to the terms and conditions of this Agreement, Emotive Images grants to YOU?? a non-exclusive, non-transferable license to use each PRODUCT that YOU have purchased, on a worldwide and perpetual basis, for YOUR own commercial or non-commercial use or for YOUR direct clients, but only as set out below, and not for any other purposes. Therefore the licence is sublicenseable under the reservation of paragraph 1.5 of this Agreement.

1.2 YOU may use the PRODUCT as part of advertising and promotional materials (including advertisements, brochures, books, company newsletters, company reports, packaging and presentations); online or other multimedia content (including online advertisement and web page design) provided that no PRODUCT? is at a resolution greater than 72 dpi and cannot be downloaded or copied by any third party; publishing; materials for non-commercial use, personal use, sample use and test use, including comps and layouts. All other online and or multimedia uses have to be approved in writing by Emotive Images. (Please contact: contact@emotive-images.com to obtain such license.)

1.3 YOU may create a digital library, network configuration, or similar arrangement to allow the PRODUCT to be used by employees and YOUR direct clients (see also 1.5) provided however that the use of the PRODUCT is limited to no more than 10 such individual users. This is not a simultaneous user agreement. YOU must contact Emotive Images to obtain an additional license for each additional user prior to any use by such user. (Please contact: contact@emotive-images.com to obtain such additional license.)

1.4 All rights not specifically granted above are reserved by Emotive Images. Therefore YOU may not make any use of the PRODUCT in whole or in part that is not expressly provided for in this Agreement.

1.5 YOUR right to sublicence any right granted hereunder is under the reservation, that YOU are an intermediary (e.g. an advertising or design agency) rendering services for YOUR client, who must be bound to the provisions of this Agreement.

2. LICENSE RESTRICTIONS

2.1 Emotive Images does not grant to YOU any right to re-license, rent, resell or lease any of the PRODUCTS to third parties. Nor can YOU assign, convey, dispose of, gift, lease, rent, sell, or otherwise transfer any of the rights granted to YOU under this Agreement.

2.2 YOU are strictly not permitted to use, or allow anyone else to use any PRODUCT, in whole or in part, for or in association with any pornographic purposes, or in any manner which is or could be considered to be libelous or defamatory, fraudulent, infringing or otherwise unlawful, or that in any way is or could be potentially unflattering or controversial for the model in the PRODUCT.

2.3 YOU may not use Images featuring a model in a manner that would imply that the model personally endorses or uses a product or service.

2.4 Advance written permission is required for use of PRODUCT? featuring a model if the depiction of the model is used in connection with ?Sensitive Issue? subjects, including, but not limited to subjects such as contraception, sexual or implied sexual activity, sexual preferences, dating services, chat lines, substance abuse, physical or mental abuse, violence, poverty, homelessness, dysfunctional family matters, alcohol, tobacco, AIDS, cancer or other serious physical or mental ailment or disability or serious physical or mental disease or any diagnostic test for same.

2.5 YOU may not use the PRODUCT in any products for sale or license where the primary value resides in the product itself, including retail t-shirts, posters, calendars and postcards. If YOU would like to use a PRODUCT for such purposes, please contact: contact@emotive-images.com to obtain a commercial license.

2.6 YOU shall not use as or incorporate a PRODUCT in a logo, trademark or service mark or infringe on anyone's trade name, service mark or trademark.

2.7 YOU may not use a PRODUCT in any template or application, whether online or not, with the purpose of creating multiple impressions of a PRODUCT, including but not limited to: website design templates, presentation templates, electronic greeting cards, business cards, e-business cards, or any other electronic or printed matter. If YOU would like to use a PRODUCT for such purposes, please contact: contact@emotive-images.com to obtain a commercial license.

2.8 YOU may not use, make available for use, transfer, license, sell or otherwise distribute a Product in such a manner that a person can extract or access the PRODUCT as an electronic file, including posting a PRODUCT online in a downloadable format, FTP or other digital format, posting a PRODUCT on any electronic bulletin board or network, or using a PRODUCT in electronic greeting cards. YOU hereby agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the PRODUCT.

3. ? COPYRIGHT

3.1 YOU agree to retain the copyright notice of Emotive Images and its licensors and Emotive Images PRODUCT identification code as displayed on the PRODUCT and as included as part of the electronic file.

3.2 YOU agree to use the PRODUCT in compliance with all applicable laws, including, but not limited to, laws and regulations relating to copyright and moral rights.

3.3 YOU agree to provide a credit next to any PRODUCT used in an editorial manner as follows: Copyright Emotive Images

4. ? TERM AND TERMINATION

4.1 The license granted herein is a perpetual license that will only terminate as set out below. This Agreement will terminate automatically and without notice from Emotive Images if YOU breach, or fail to perform or observe, any covenant, condition or provision of this Agreement. Emotive Images reserves the right at any time to terminate this Agreement in regard to the PRODUCT for any reason whatsoever and elect to replace such PRODUCT with alternative PRODUCT.

4.2 Upon termination of this Agreement, or this Agreement in respect of a particular PRODUCT YOU

(I) agree to cease all use of the PRODUCT provided to YOU;

(II) return all CDs or other media provided to YOU containing the PRODUCT;

(III) destroy or delete any PRODUCT stored on any premises, computer, hard drive, digital media or other facilities or storage devices (electronic or physical), including all copies of the PRODUCT.

(IV) ensure that YOUR clients and customers cease all use of the PRODUCT.

5. ??????? WARRANTY

5.1 Emotive Images ?represents, warrants and covenants that:? (I) it has all necessary rights and authority to enter into and perform this Agreement; (II) the PRODUCT will be free from defects in material and workmanship for sixty (60) days from delivery; (III) YOUR?s use of the PRODUCT in its original form and when used in accordance with this Agreement will not infringe on any third-party copyright, moral right, trademark or other intellectual property right and will not violate any third-party right of privacy or right of publicity to the best of Emotive Images? knowledge; and (IV) all necessary model and/or property releases for use of the PRODUCT authorized under this Agreement have been obtained.? Neither Emotive Images, nor any party on whose behalf Emotive Images licenses the Product, makes any representations or warranties as to whether any additional fees or payments may be due to any person depicted in any Product pursuant to the requirements of any applicable trade union, and YOU shall be solely responsible for any such additional fees or payments to such trade union.? YOUR sole and exclusive remedy for any breach of this paragraph shall be the replacement of the PRODUCT

5.2 You represent, warrant and covenant that: (I) YOU have all necessary rights and authority to enter into and perform this Agreement; (II) YOU and YOUR clients will only use PRODUCT in accordings with licence granted hereunder, (III) neither YOUR or YOUR client?s exercise of any right granted hereunder will violate or infringe the right of Emotive Images or any original-licensor to Emotive Images.

6. ? INDEMNITY / BREACH

YOU agree to unlimitedly indemnify, defend, save and hold Emotive Images and its licensors and contributors and its resellers, harmless from and against any liability, cost, fee, expense, loss, judgment, claim or damage claimed by any third party (including reasonable legal fees) arising or resulting from any breach, violation of, or failure to fulfill, any representation, warranty, covenant or agreement made herein by YOU or arising out of any use of PRODUCT provided to YOU by Emotive Images (including but not limited to: the use of PRODUCT in breach of this Agreement; the use of PRODUCT otherwise than in accordance with the rights granted to YOU herein; the use of PRODUCT in such a manner that violates or infringes any right of another person, consents or waivers; and the unauthorized use by any third party to which YOU may have supplied or suclicenced the PRODUCT to in accordance with this Agreement)

7. ? LIABILITY

NEITHER EMOTIVE IMAGES NOR ANY OTHER LICENSOR OR AUTHORIZED DISTRIBUTOR THEREOF MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCT OR THE DELIVERY THEREOF, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.? NEITHER EMOTIVE IMAGES NOR ANY OTHER LICENSOR OR AUTHORIZED DISTRIBUTOR THEREOF SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF EMOTIVE IMAGES OR ANY OTHER LICENSOR OR AUTHORIZED DISTRIBUTOR THEREOF, AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES.? SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES.? IN ADDITION, EMOTIVE IMAGES` TOTAL LIABILITY FOR DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE AMOUNT RECEIVED BY EMOTIVE IMAGES FROM YOU DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE PRODUCT GIVING RISE TO SUCH CLAIM.

8. ? CONDITION OF PRODUCT

YOU should examine the PRODUCT for possible defects (whether digital or otherwise) before sending any Product for Reproduction. Emotive Images shall not be liable for any loss or damage suffered by YOU or any third party, whether directly or indirectly, arising from any alleged or actual defect in any Product or its caption or in any way from its Reproduction.

9. ? GOVERNING LAW

This Agreement shall benefit and be binding upon the parties hereto. It shall be governed by and construed in accordance with the laws of Germany applicable therein and shall be treated in all respects as a German contract. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded and this Agreement will not be governed by that Convention. The Agreement shall be subject to the exclusive jurisdiction of the Courts of Hamburg.

10. ENTIRE AGREEMENT

This Agreement supersedes all prior representations, arrangements, negotiations, understandings and agreements between the parties, both written and oral, relating to the subject matter hereof and sets forth the entire, complete and exclusive agreement and understanding between the parties hereto relating to the subject matter hereof. This Agreement may only be amended by written agreement. Such provisions of this Agreement that, by their nature, would be expected to survive termination of this Agreement shall survive any such termination. YOU shall not assign this Agreement in whole or in part without Emotive Images?s approval. Emotive Images may assign this Agreement without YOUR approval.

11. BREACH

In the event of any breach of this Agreement by YOU, YOU agree to indemnify Emotive Images and hold Emotive Images harmless against all claims arising out of any breach by YOU of this Agreement.


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Royalty Free License Information for imagebroker royalty free

imagebroker.net RF End User License Agreement

I. Important Preliminary Notice

In downloading imagebroker.net?s images from this website, the customer acknowledges unlimited acceptance of the terms set forth in this agreement which is then considered to be legally effective.

If the cusotmer does not agree to these terms and does not want to conclude a license agreement with imagebroker.net, he/she is not allowed to download images. If the customer enters this agreement as proxy for a third party, such as his/her employer, these provisions shall also be applicable for and against anyauthorized third party. 

All images from imagebroker.net are protected by copyright. imagebroker.net and/or its contractual partners are the owners of such rights. The customer?s utilization right is dependent on the payment of the full license fee, the granting by imagebroker.net as well as by adherence to the provisions of this contract.

 II. Granting of Reproduction Rights

The pictures are not sold but only licensed for utilization. imagebroker.net grants the personal, Nonexclusive and nontransferable right to use and reproduce the pictures on a worldwide and perpetual basis, in the following ways: 

a) Print usage, especially any type of printed, tangible materials including advertising, sales, etc.; 

b) Nonprint

usage, that is any digital or electronic material provided that no image is at a resolution greater than 480 by 640 pixels (72 dpi). Hereby it must be made obvious that the material is not intended to be downloaded or copied by any third party.

 III. Restrictions of Utilization

1. The rights granted by imagebroker.net under this agreement cannot be transferred. Their utilization is exclusively limited to utilization for an end user product also in the event of further processing. It shall not be permitted to transfer the data or pictures to third parties or to transfer utilization rights or to permit any other thirdparty usage.

2. In the case of picture licensing by a company as customer, the data may be archived or incorporated into a customerinternal network as long as no more than 10 (ten) specific employees have access to such images. Utilization is, however, expressly limited to the framework determined by these GTCs.

3. The pictures must not be shared, copied or made accessible to third parties. Establishing a network of servers with or without central location, which allows thirdparty access, shall not be admissible.

4. You may not use the picture as part of a service mark or trademark or infringe on any thirdparty trade name, service mark or trademark.

5. You may not place the pictures online in a downloadable, FTP or other similar format.

6. You may not use the pictures in an offensive, defamatory, pornographic, fraudulent, hurtful or tortuous manner or place them in any such context. In case the planned utilization of the pictures touches upon such sensitive subjects or can be associated in such a manner, advance written permission is required. This includes but is not limited to substance abuse, physical or mental abuse, alcohol, tobacco, AIDS, cancer or other serious physical or mental ailments or the disparagement of a person or product.

7. One copy of the pictures or software may be made for backup purposes only, which shall just be used if the original copy becomes defective or otherwise irretrievably lost.

8. Upon notice of discontinuance of a license for any particular image such image must not be used in the future.

IV. Compensation in Case of Violation of Contract

In addition to the provisions of this contract the customer shall adhere to the general legal provisions about competition, trade marks and utility models. The customer shall be liable for any damages that imagebroker.net may suffer as a result of the violation of any such provisions by the customer.

V. Indemnity

The customer agrees to release and hold imagebroker.net harmless from all claims for damages and liability resulting from a violation of such provisions.

VII. Limitation of Liability

imagebroker.net shall not be liable for any potential or consequential damages in case a particular image cannot be used in the intended manner, even if such risk has been indicated in advance by the customer. imagebroker.net?s liability shall in any case be limited to the fee paid for the particular image.

 VIII. Software

All rights and data that are granted to the customer under this contract are the property of imagebroker.net and protected by copyright or other legal provisions. It shall be inadmissible to reverse engineer or rearrange data or reduce them to any other readable formats.

IX. General Provisions

1. If any provision of this agreement is or becomes invalid or inadmissible it shall be replaced by a valid or admissible provision which comes as close as possible to the intended purpose and the desired objective. The validity of the remaining provisions remains unaffected. The same shall apply to any missing or incomplete provision.

2. The implementation of this agreement shall be exclusively governed by German law, even if foreign elements are involved. To the extent that this provision is legally admissible, Munich shall be place of jurisdiction and place of performance.  

3. If you have any questions about your rights and obligations under this contract or if you wish to claim additional rights please contact us directly at info@imagebroker.net.


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Royalty Free License Information for easyfotostock low royalty free

End user license agreement for easyfotostock low budget royalty free images

 

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND AGE FOTOSTOCK (AGE FOTOSTOCK SPAIN, S.L.) WITH REGARDS TO THE USE OF THE LOW BUDGET ROYALTY FREE IMAGES. PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING AND/OR USING ANY LOW BUDGET ROYATLY FREE IMAGE, ILLUSTRATION OR OTHER GRAPHIC MATERIAL (HEREINAFTER THE "LBLBRF GRAPHIC MATERIAL") YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT DOWNLOAD OR USE ANY LBRF GRAPHIC MATERIAL CONTAINED IN THIS SITE.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER AND/OR PRINCIPAL, YOU HEREBY REPRESENT AND WARRANT THAT: I) YOU HAVE FULL AND EXPRESS AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER AND/OR PRINCIPAL; AND THAT: II) SUCH EMPLOYER AND/OR PRINCIPAL HAS AGREED TO BE BOUND BY THE TERMS HEREBY; III) THAT THE LBRF GRAPHIC MATERIAL AND ANY FINAL WORK INCLUDING THE LBRF GRAPHIC MATERIAL IS ONLY FOR THE BENEFIT OF EMPLOYER OR PRINCIPAL AND THAT YOU WILL NOT USE ANY LBRF GRAPHIC MATERIAL OBTAINED FROM AGE FOTOSTOCK FOR THE BENEFIT OF ANY OTHER PERSON OR ENTITY WITHOUT ENTERING INTO A SEPARATE LICENSE WITH AGE FOTOSTOCK; AND IV) YOU WILL COMPLY WITH ALL THE TERMS HEREOF AND SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ANY BREACH OF THE TERMS OF THIS AGREEMENT BY YOUR PRINCIPAL AND/OR EMPLOYER.

ALL THE LBRF GRAPHIC MATERIAL ARE COPYRIGHTED AND ALL RIGHTS TO THE LBRF GRAPHIC MATERIAL ARE OWNED BY AGE FOTOSTOCK AND/OR ITS LICENSORS AND CONTENT PROVIDERS. AGE FOTOSTOCK RETAINS ALL RIGHTS NOT SPECIFICALLY GRANTED TO YOU BY THIS AGREEMENT.

YOUR RIGHT TO USE ANY LBRF GRAPHIC MATERIAL IS SUBJECT TO YOUR FULL PAYMENT OF THE LICENSE AND THE RESTRICTIONS SET FORTH IN THIS AGREEMENT.

I. Definitions

1.1 In this Agreement the following terms should have the following meanings:

1.1.1 Low Budget Royalty Free Graphic Material (LBRF Graphic Material): means the graphic material of age footstock which may consist in still images, illustrations or other visual representation generated optically, electronically, digitally or by any other means and which use is subject to the terms of the present License agreement.

1.1.2 Invoice: means the computer generated or pre-printed invoice which includes the LBRF Graphic Material selected and the corresponding price for the license of such LBRF Graphic Material.

1.1.3 Reproduction: means any form of copying or publication of the whole or part of any LBRF Graphic Material by any means whatsoever. Reproduction shall also include any distortion or manipulation of the whole or part of any LBRF Graphic Material .

II. Rights granted

2.1 Conditioned upon your full payment of the license and your compliance with the terms of the invoice and this Agreement (including all restrictions), age fotostock grants you a personal, non-exclusive and non-transferable right to use and reproduce, for your own commercial or non-commercial use, on a worldwide and perpetual basis, the LBRF Graphic Material in the following ways:

         a) Print usage: refers to any type of printed, tangible materials including advertising, promotional materials, publications or products (including products offered for sale except as prohibited in Section II below).

         b) Non-print usage: refers to any digital or electronic materials including websites (but not website templates), multimedia presentations and CDs provided that no Image is at a resolution greater than 480 by 640 pixels (72 dpi) and each LBRF Graphic Material is incorporated into a design in such a fashion that it is clearly not intended to be separately downloaded, copied or distributed by any third party.

NOTE: IMAGES ARE NOT SOLD; THEIR USE IS LICENSED TO YOU.

III. Restriction on Use

3.1 The rights hereby granted to you are non-transferable which means that any work that you produce using an Image must be for your own use, or for the use of your direct employer or client, who must be the end-user (the End-User) of your work. You may not sublicense, sell, assign, convey, dispose of, loan, give or otherwise transfer to anyone any LBRF Graphic Material or the right to use the LBRF Graphic Material except insofar as an Image has been included by you into one of the authorized uses referred to in Section II above and nothing you produce shall grant or purport to grant to any third party a right to use or reproduce the Images. You hereby agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the Images.

3.2 Even though you may sell or license derivative works incorporating the LBRF Graphic Material, you may not use any LBRF Graphic Material for sale or license where the primary value resides in the LBRF Graphic Material itself (For example, you may not sell posters or prints of any LBRF Graphic) nor include any LBRF Graphic Material in an electronic template intended to be reproduced by third parties on electronic or printed products.

3.3 You may not sell, license or distribute any derivative work containing any LBRF Graphic Material in a way that would allow a third party to download, extract or access the LBRF Graphic Material as a stand-alone file.

3.4 If the LBRF Graphic Material is licensed by a company, it may be shared by creating an image library, image storage jukebox, network configuration or similar arrangement as long as no more than ten (10) specific employees (hereinafter the "Users") within the same company and no more than one User at a time get access to the LBRF Graphic Material, unless a separate seat license is purchased for each additional User, before such additional use begins. This is not a simultaneous user agreement.

3.5 Except as specifically provided in the previous paragraph, the LBRF Graphic Material may not be shared or copied and you may not create a network of servers, either with or without a central location to enable others to share the LBRF Graphic Material.

3.6 The LBRF Graphic Material may not be used as part of a logo, trade name, service mark or trademark or used to infringe on anyone's logo, trade name, service mark or trademark.

3.7 The LBRF Graphic Material may not be posted online nor placed in any other electronic distribution system in a downloadable format, FTP or similar nor enabled to be distributed via mobile telephone devices.

3.8 The LBRF Graphic Material may not be used for any pornographic, unlawful purpose or use or to defame any person or violate any person's right of privacy or publicity or to infringe upon any copyright, trade name, trademark or service mark of any person or entity. Advance written permission from age fotostock is required for use of the LBRF Graphic Material for sensitive subjects, including without limitation, topics that may depict the subject matter of the LBRF Graphic Material in a negative or unfavorable light.

3.9 Upon notice of discontinuance of a license for any particular LBRF Graphic Material, you agree not to use such LBRF Graphic Material in the future. To the fullest extent permitted by law, your sole remedy for any recalled LBRF Graphic Material shall be, at age fotostock's sole discretion, the replacement of such recalled LBRF Graphic Material with another Image or the refund of any license fee paid attributable to such recalled LBRF Graphic Material.

3.10 If the LBRF Graphic Material is used in an editorial manner, you must include the following credit adjacent to the Images: "Photographer's name/Name of the collection/age fotostock".

IV. Unauthorized Uses and Indemnity

4.1 Any use of any LBRF Graphic Material in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling age fotostock to exercise all rights and remedies available to it under copyright laws around the world.

4.2 You shall be responsible for any damages resulting from any such copyright infringement, including without limitation any claims by a third party and you hereby agree to indemnify and hold harmless age fotostock and its licensors and content providers, against all claims (including without limitation, claims by third parties), liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to any unauthorized use of any LBRF Graphic Material or any breach of any terms and conditions or restrictions of the present Agreement.

V. Payment

5.1 You are responsible for ensuring that all the information appearing in the Invoice is true, accurate and complete.

5.2 A late payment charge of one and one-half percent (1.5%) per month or such lesser amount as is allowed by law, shall be applied on any unpaid balance until payment is received.

VI. Credit or Cancellation

6.1 No cancellation on any LBRF Graphic Material license shall be accepted.

VII. Limited Warranty and Limitation of Liability

7.1 age fotostock warrants that: it has all necessary rights and authority to enter into and perform this Agreement; ii) any digital copy of LBRF Graphic Material will be free from defects in material and workmanship for ninety (90) days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of the LBRF Graphic Material in question. AGE FOTOSTOCK GRANTS NO RIGHTS AND MAKES NO WARRANTIES WITH REGARDS TO THE USE OF NAMES, TRADEMARKS, TRADE DRESS, DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY LBRF GRAPHIC MATERIAL, AND YOU MUST SATISFY YOURSELF THAT ALL THE NECESSARY RIGHTS AND CONSENTS REGARDING ANY OF THE ABOVE, AS MAY BE REQUIRED FOR THE INTENDED USE HAVE BEEN OBTAINED. WHILE AGE FOTOSTOCK MAKES EFFORTS TO USE ACCURATE CAPTION INFORMATION, AGE FOTOSTOCK DOES NOT WARRANT THAT SUCH INFORMATION IS ACCURATE. AGE FOTOSTOCK MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED REGARDING ANY LBRF GRAPHIC MATERIAL INCLUDING, WITHOUT LIMITATION, THAT THE LBRF GRAPHIC MATERIAL IS ERROR FREE, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

7.2 EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER AGE FOTOSTOCK NOR ANY OF AGE FOTOSTOCK'S SUBSIDIARY, SUCCESSOR, PARENT, AFFILIATE, PARTNER, OFFICER, DIRECTOR, EMPLOYEE, CONTENT PROVIDER, LICENSOR, DISTRIBUTOR OR AGENT SHALL BE LIABLE FOR ANY DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF THE USE OR INABILITY TO USE THE LBRF GRAPHIC MATERIAL OR OTHERWISE,

7.3 THE REPRESENTATIONS AND WARRANTIES MADE BY AGE FOTOSTOCK IN THIS AGREEMENT APPLY ONLY TO THE LBRF GRAPHIC MATERIAL AS DELIVERED BY AGE FOTOSTOCK AND WILL BE INVALID IF THE LBRF GRAPHIC MATERIAL IS USED IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT.

VIII. Data Protection

8.1 age fotostock hereby informs you that any personal data that you provide to age fotostock for the purposes of servicing you, which may include, but not limited to, personal data of your representative or any other individual which may be required to fulfill this Agreement.

8.2 This information will be processed and controlled by age fotostock and used for internal purposes only and more particularly to fulfil licensing transactions, maintain your account and send you marketing communications to inform you of new products or services or for promotional purposes to send you updates on our latest promotions and offers. We may also use certain account information provided to us by authorized users to conduct credit inquiries.

8.3 By making this information available to age fotostock you are agreeing to allow us to share this information with age fotostock's partners, subsidiaries, affiliates, any third party content provider, necessary payment processors or third parties which services are required to carry out your order. We also reserve the right to disclose your personal information if required to do so by law or in order to comply with any legal process.

8.4 The Client represents and warrants to age fotostock that, prior to disclosing to age fotostock any personal data of any individual required to fulfill this Agreement (other than the individual who accepts this Agreement in its name and on its behalf), You shall notify this individual of: i) his/her disclosure of his/her personal data to age fotostock for the purposes specified in the present Agreement, ii) the personal data which is being disclosed in this regard and; iii) age fotostock's identity and address. You accept and agree to indemnify and hold harmless age fotostock for your failure to comply with this obligation.

8.5 You may, at any time, you may, at anytime, access, correct, update or require us to delete your personal data by sending us your petition by e-mail to the attention of our legal department at legal@agefotostock.com or by regular mail to the following address: Buenaventura Mu?z, 16, 08018 Barcelona Spain.

IX. Severability

9.1 Should any provision of this Agreement be found invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected and shall remain in full force and effect. Such provisions shall be revised only to the extent necessary to make them enforceable.

X. Entire Agreement, Waiver

10.1 This Agreement contains all the terms of the license agreement for the LBRF Graphic Material and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of both parties. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other communication sent by you, the terms of this Agreement shall govern. No action of age fotostock , other than an express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of age fotostock in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by age fotostock of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy by age fotostock on any one occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion.

XI. Law and Venue

11.1 This Agreement, and all matters collateral thereto, shall be governed by and construed in accordance with the laws of Spain, excluding the application of its conflicts of law rules, and any dispute arising hereunder shall be litigated solely in a court of competent jurisdiction in Barcelona, Spain. Notwithstanding the foregoing, age fotostock shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against licensee in the event that, in the opinion of age fotostock, such action is necessary or desirable.

11.2 This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed.

If you are unsure of your rights under this License Agreement or would like to acquire additional rights (or additional seat licenses), please contact us at (+34) 300 25 52 or send us an email at age@agefotostock.com.


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Royalty Free License Information for amana images


AMANAIMAGES INC. ROYALTY-FREE IMAGE LICENSE AGREEMENT 

This is a legal agreement between You and amanaimages inc. (hereinafter referred to as ?AMANAIMAGES?).? If you are entering into this agreement on behalf of your employer, the same rights, limitations and restrictions on the use of the Image(s) set forth below shall apply to your employer and you. Should you cease working for your employer, your employer (but not you) may continue to use the Image(s) under the terms of this Agreement. 

The term ?Image(s)? shall mean animations, clipart, composites, graphics, illustrations, still images, photographs or any other visual representation generated optically, electronically, digitally or by any other means, which is licensed to you, by AMANAIMAGES under the terms of this Agreement. 

1.???????? GRANT OF LICENSE 

A)??????? All Image(s) from AMANAIMAGES is proprietary and copyrighted. All rights are reserved by AMANAIMAGES. This Agreement is valid with respect to the Image(s) you have purchased and only if you have paid the applicable fee. No rights may be granted to the Image(s) other than the right to use the Image(s) as part of a product or design.  

B)??????? AMANAIMAGES grants to you a non-exclusive, non-sublicensable, non-transferable worldwide right to use the Image(s) as a part of advertising and promotional materials, multimedia including web design (smaller than 640 X 480 pixels and 72 dpi), broadcasting, film / video / DVD, publishing and packaging materials for personal, non-commercial use. 

C)??????? Permitted Uses. You may: 

(i)???????? Change, crop and manipulate the Image(s). 

(ii)??????? Use the Image(s) in any other manner approved in writing by AMANAIMAGES. 

(iii)?????? Share the Image(s) within a network or similar asset management system to no more than ten (10) users (including you) within the same company or legal entity. If the Image(s) are to be placed on a network server accessible by more than ten (10) users, you will have to purchase a Multiple Seat License right from AMANAIMAGES. 

2.???????? RESTRICTIONS AND PROHIBITIONS 

A)??????? Prohibited Uses. You may NOT:

(i)???????? Sublicense, re-license, rent, sell or lease any of the Image(s) to third parties separate or independent from a specific product or website.

(ii)??????? Use the Image(s) as the principle component of commercial products where the Image(s) make up a significant part of the re-sale value of the product (ie: postcards, posters, calendars, stationery etc.). For such usage of an image, you must obtain an extended one time Commercial Product Usage License from AMANAIMAGES.

(iii) ????? Copy or publish any of the Image(s) to a network or bulletin board, or otherwise distribute or allow any of the Image(s) to be distributed to or used by anyone other than the ten (10) authorised users. If the Image(s) are to be used by more than ten (10) users, you must purchase a Multiple Seat License right from AMANAIMAGES.

(iv)?????? Display the Image(s) in any digital format or for any digital use at a resolution greater than 72 dpi. In doing so will be viewed as an attempt to distribute the Image(s) in violation of this Agreement.

(v)??????? Remove any copyright, trademark or watermark from any place where it appears on the Image(s).

(vi) ????? Use the Image(s), or any part of the Image(s), as part of a trademark, service mark or logo.

(vii)????? Use the Image(s) in a product or service whereby the Image(s) can be used apart from a product or service.

(viii)???? Use the Image(s) in any way that could be considered defamatory, pornographic, libellous, immoral, obscene or fraudulent, or otherwise unlawful manner, whether directly or in context or juxtaposition with other materials.

(ix)?????? Use the Image(s) in such a way as to imply that any model depicted in the Image(s) personally uses or endorses a product or service.

(x)??????? Use the Image(s) in any unduly controversial context, unless accompanied with a statement indicating that the person is a model and the Image(s) are being used for illustrative purpose only.

 3.???????? TERMINATION

Your right to use the Image(s) terminates automatically without notice from AMANAIMAGES if you violate any part of this Agreement. Upon termination, you must immediately stop using the Image(s), and shall destroy all Image(s) or copies thereof. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this Agreement.

You agree to indemnify and hold AMANAIMAGES harmless against all claims or liability of any kind arising from out of any breach by you of this Agreement.

 4.???????? LIMITED WARRANTIES AND DISCLAIMERS

 AMANAIMAGES warrants to the best of our knowledge, the Image(s) do not infringe any rights of copyrights or other intellectual property or proprietary rights of third parties, but no right of action shall accrue against AMANAIMAGES in the event of the said Image(s) being deemed or found to be defamatory, obscene or infringement of third party rights.  

AMANAIMAGES also warrant that the Image(s) is free from defects in materials and workmanship within sixty (60) days from the date of delivery. In the event that the Image(s) is defective, AMANAIMAGES entire liability and sole remedy shall be limited to a replacement of the Image(s) or a refund of the fee paid, at AMANAIMAGES?s option. 

AMANAIMAGES MAKES NO OTHER WARRANTY, EXPRESS, IMPLIED OR STATUTORY, REGARDING ANY IMAGE(S), ITS ONLINE SYSTEMS OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER AMANAIMAGES NOR ITS LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, LOST PROFITS OR OTHER DAMAGES ARISING OUT OF THIS LICENSE, RELATING TO ANY IMAGE(S) OR OTHERWISE. If AMANAIMAGES shall have any liability of any kind to you or other third parties, you agree that the total liability of AMANAIMAGES shall in no event exceed the amount you originally paid for the Image(s).  

5.???????? GENERAL PROVISIONS?

All rights to the Image(s) are owned by AMANAIMAGES and its licensors and are protected by international copyright laws, international treaty provisions and other applicable laws. AMANAIMAGES and its licensors retain all rights not expressly granted under this Agreement.  

If any part of this Agreement is held invalid, it will not affect the validity of the remaining terms of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement represents the entire Agreement between the parties, the terms or conditions may not be amended except made in writing and signed by an authorised representative of both parties. 

This Agreement is governed by the laws of Japan whose courts are the courts of exclusive jurisdiction. AMANAIMAGES shall have the right to bring proceedings in any jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of AMANAIMAGES such action is necessary. 

If you wish to use Image(s) in a manner that not permitted under this Agreement, please contact amanaimages inc. 2-2-43 Higashishinagawa Shinagawa-ku, Tokyo 140-0002, Japan.

Tel: ?+81 3 3740-4017

Fax:? +81 3 3740-4098???????????

Email: info@amanaimagesimages.com 

Copyright ?amanaimages inc.? All Rights Reserved.

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