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ImageSource
| | License Agreement |
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 IMAGE SOURCE 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 any particular time.
Specifically, you may:
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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:
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sublicense, re-license, rent or lease any of
the Images to third parties separate or independent from a specific
product, website, or similar; |
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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; |
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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; |
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use any of the Images to promote a business that
sells or licenses photographic images, or otherwise competes
with Image Source in any manner; |
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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; |
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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.
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Contact|
Phone | : 1-800-959-2823 |
| Fax | : 1-866-998-8383 |
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