|BLUE MOON STOCK ROYALTY FREE LICENSE AGREEMENT|
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BLUEMOON STOCK. PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THIS DISC. BY USING THE DISC, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LISCENSE AGREEMENT, PROMPTLY RETURN THE UNUSED DISC IN THE ORIGINAL PACKAGE FOR A FULL REFUND.
BlueMoon Stock grants you the non-transferable, non-exclusive right to transfer the images on the accompanying CD-ROM to one computer at a timeand to use the images on that computer with one user, subject to the following terms and conditions. You may use the images in your personnel,professional, internal, editorial and client driven projects including printed materials, advertisements, packaging, and presentations, video, on-line or multimedia projects. An image may be incorporated in products where the image is a significant part of the product (such as T-shirts, coffee mugs,posters, greeting cards, book covers, etc.)
These license agreements DO NOT PERMIT the following uses of the images. You may not post any of the images from this disc on any electronicbulletin board, put the images on-line in a downloadable format, or use the images in a website at a resolution higher than 72 dpi.
An image may not be incorporated into a derivative artwork for which a claim of new copyright may be obtained.
An image may not be incorporated in a product for the purpose of redistributing, sublicensing or reselling the image, and the images themselves may not be sold or rented.
You may not copy the disc in its entirety, nor may it be stored on a server, nor shared by others.
You may not use, or allow anyone else to use any of these images to create pornographic, libelous, obscene or defamatory images. You may not use animage that depicts or identifies a real person in connection with sensitive subject matter (e.g., sex, abortion, birth control, physical and mental ailments,or drugs), nor that implies endorsement of a product or service, without prior written permission from BlueMoon Stock.
You may not use the images in any manner that is not expressly permitted in this agreement. BlueMoon Stock retains all rights not expressly granted by this agreement.
All rights in and title to this disc and the images and software on the disc are owned by BlueMoon Stock and its licensors and protected by copyrightand other laws. No title to or intellectual property rights in the images are transferable to you. This license will terminate automatically without noticefrom BlueMoon Stock if you breach any of its provisions. For the purpose of this License, the singular includes the plural and vice-versa. This agreement will be governed in all respects by the laws of the State of California, and venue for all disputes arising under this agreement shall lie exclusively in the Superior Courts of the State of California. Copyright 2002 BlueMoon Stock. All rights reserved.
Limited Warranty and Limitations of Liability
BlueMoon Stock warrants this disc 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 disc or a refund of the purchase price, at BlueMoon Stocks’ option. BlueMoon Stock makes no other warranty, Express or implied, including, without limitation, any implied warranties of merchantability, non-infringement or fitness for a particular purpose. Some jurisdictions do not permit the exclusion of implied warranties, and you may have other rights which may vary from jurisdiction to jurisdiction. Neither BlueMoon Stock, it’s distributors nor its licensors shall be liable to you or any third party’s use of the images. If BlueMoon Stockshall have any liability of any kind to you or any third party by virtue of this license or you or any third party’s use of the images, you agree that the total aggregate liability of BlueMoon Stock shall not exceed the license fee you paid for the disc. This limitation of liability reflects an allocation of risk between you and BlueMoon Stock in view of the nominal license fee charged.