The following legal document comprises the Photo Environments Free End-User License Agreement.

Photo Environments Royalty Free End-User License Agreement
Please read this Agreement carefully before purchasing or using any Photo Environments royalty free image ("Image").

1- By using an Image in one of our Photo CD's or exercising any rights granted under this End-User License Agreement (the "Agreement"), you agree to be bound by this Agreement. All sales are final. We will replace any CD that is damaged with an exact duplicate of the gallery you purchased. Joan Yarfitz owns the rights to the Images, CD, and Photo Environment Website.

2- Conditioned upon your payment of the purchase price for the CD and your compliance with the terms of the invoice and this Agreement (including all restrictions), Photo Environments grants to you a non-exclusive, non-transferable right to use and reproduce Images from the CD or the Photo Environments Website in the following, and only the following, ways:

Type of usage per license.
Personal Use:
Personal website
Personal, non-profit newsletters
Personal Greeting Cards
Personal musical cd labels

Professional Licensing Tier One:
* Brochures / Catalogs distribution up 500
* Corporate Communications distribution up to 1000
* Annual Reports distribution up to 500
* Single Sheet Flyers / Sell Sheets distribution up to 500
* Promotional Post Cards distribution up to 300
* CD-ROM / On Screen Visual distribution up to 700
* General Packaging distribution up to 500
* Packaging For Musical CDs and Tapes distribution up to 500
* Books distribution up to 700
* Magazine (Editorial) distribution up to 1000
* Business Cards / Stationery distribution up to 1000
* Newspapers (Editorial) distribution up to 1000
* Credit Cards distribution up to 300
* Phone Books distribution up to 1000

Professional Licensing Tier Two:
* Brochures / Catalogs unlimited distribution
* Corporate Communications unlimited distribution
* Annual Reports unlimited distribution
* Single Sheet Flyers / Sell Sheets unlimited distribution
* Promotional Post Cards unlimited distribution
* CD-ROM / On Screen Visual unlimited distribution
* General Packaging unlimited distribution
* Packaging For Musical CDs and Tapes unlimited distribution
* Books unlimited distribution
* Magazine (Editorial) unlimited distribution
* Business Cards / Stationery unlimited distribution
* Newspapers (Editorial) unlimited distribution
* Credit Cards unlimited distribution
* Phone Books unlimited distribution

Professional Licensing Tier Three
Please contact us regarding restrictions and prices for any of the following uses.
* Screensavers
* Electronic Greeting Cards
* Broadcast Video
* Film
* Multimedia including Film and Video, and CDROMs

3- Restrictions. Joan Yarfitz or Photo Environments may at any time during the term of this Agreement notify you that certain Images are no longer available for use under this Agreement and upon such notification, the license granted by Photo Environments shall automatically and immediately terminate. Your sole remedy for any recalled Image shall be, at Photo Environment's sole discretion, the replacement of such recalled Image with another Image or refund of any license fee paid attributable to such recalled Image. Photo Environments cannot anticipate all possible uses of an Image, either alone or in combination with other material that you, or you on behalf of your client(s), may make. You are solely responsible for the use of any Image in combination with any other material. Without limitation, Images may not be utilized:
-as a trademark or service mark
-for any pornographic, unlawful purpose or use
-to defame any person
-to violate any person's right of privacy or publicity
-to infringe upon any copyright, trade name, trademark, or service mark of any person/entity
-for uses covering 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

4-"Non-transferable" as used in section 2, means that the work you produce using an Image must be for your own use, or if purchased on behalf of your employer or client, your employer or client must be the end-user of your work. You may not sell, rent, loan, give, sublicense, or otherwise transfer to anyone either the CD or an Image, or the right to use the CD or an Image (except insofar as an Image has been incorporated by you into one of the permitted uses enumerated in section 2 of this Agreement), and nothing you produce shall grant or purport to grant to any third party a right to use or duplicate an Image. You agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the Images.

5- When a CD is purchased by a company, this license Agreement authorizes no more than five (5) individuals to use the Images contained on the CD and exercise the rights described in this Agreement. You may not place the CD or an Image on computer or other storage device that is accessible by more than one (1) user at a time via a network connection or otherwise.

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

7- Limited Warranty. Subject to the restrictions and limitations regarding your use of an Image contained in this Agreement, Photo Environments warrants that it owns or has obtained sufficient rights to the copyright for the Image(s) to grant you the limited license under this Agreement. Additionally, Photo Environments warrants that the digital copy of the Image(s) provided by Photo Environments to you will be free from defects in material and workmanship (but not visual artifacts inherent in the original Image) for ninety (90) days following delivery via mail; and, Photo Environments will, as your sole and exclusive remedy for your inability to use an Image on our CD's and at its sole discretion, provide you with a replacement of the digital copy of such Image, or CD. All sales are finals. Photo Environments makes no warranties nor shall Joan Yarfitz or Photo Environments be liable for any Image which: (a) has been modified by you (b) has been combined by you with other images, products, content or materials, or (c) Photo Environments has previously notified you not to license or otherwise use.

Neither Photo Environments, Joan Yarfitz nor any of its employees, shall be liable for any indirect, consequential punitive, or incidental damages arising out of the use of, or the inability to use, the CD or Website or an Image, even if Photo Environments has been advised of the possibility of such damages. In no event shall Photo Environments' liability (whether in tort, contract, or otherwise) arising out of or relating to your use of the CD or Image(s) or inability to use the CD or the Image(s) exceed U.S.$1,000.00, regardless of the number of claims or Images used.

EXCEPT AS PROVIDED IN THIS SECTION, PHOTO ENVIRONMENTS MAKES NO WARRANTIES (EXPRESS OR IMPLIED) WITH RESPECT TO IMAGES OR TO PHOTO ENVIRONMENTS' PERFORMANCE OF ITS OBLIGATIONS. PHOTO ENVIRONMENTS OR JOAN YARFITZ MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED REGARDING ANY IMAGES, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, THAT THE IMAGES ARE ERROR FREE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

8- This Agreement shall be governed by the laws of the California, except its conflict of laws rules. Venue for any action respecting this Agreement, an Image, or use or attempted use of the CD, shall be in the state and federal courts sitting in Los Angeles County, California and you hereby consent to the jurisdiction of such courts. This Agreement may not be assigned, nor modified by any purchase order, without Photo Environments written consent.