ROYALTY FREE LICENSE AGREEMENT
This is a legal agreement between you and FoodCollection, a division of
StockFood. 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
of transfer any image or CD to a new place of employment or to your own
FoodCollection 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
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 FoodCollection harmless from any and all claims
and expenses arising from the use of any content.
You shall indemnify and defend FoodCollection 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.
FoodCollection 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 FoodCollection, 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. FoodCollection
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.
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.
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 FoodCollection written consent.