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Royalty Free End-User License
Agreement
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.
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