| IMAGE SOURCE ROYALTY-FREE LICENSE AGREEMENT THIS IS A LEGAL AGREEMENT BETWEEN YOU AND
IMAGE SOURCE LIMITED (³IMAGE
SOURCE²).
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 ³Images²)
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 ³simultaneous users License² 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:
· 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 Source¹s 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 Source¹s
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 Image Source Limited at info@imagesource.com
or by telephoning +44 (0) 20 7376 6789.
Copyright © Image Source Limited. www.imagesource.com. All rights
reserved.
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