DESIGN PICS INC. “ROYALTY-FREE” END USER LICENSE AGREEMENT
NOTICE: This is a legal contract made between you (“Licensee”) and Design Pics Inc. (“Licensor”) and should be read carefully.
By acquiring any or all images through your membership, CD Collections, or the purchase of single images, you agree to be bound by this agreement. If you do not agree, do not proceed to download or utilize any images and your membership or purchase fees will be refunded where applicable as provided below.
1. Conditions of Agreement: When you acquire an image(s) (hereinafter “Image” or “Images”) from Licensor, in all cases you do so pursuant to this Royalty-Free License Agreement (the “Agreement”). If you do not agree to comply with all the terms and conditions of this Agreement, then you cannot proceed to download or use any images, you cannot use or copy the Images in any fashion, you must delete any and all copies you have and, where you have not as yet obtained any Images, your membership fees or purchase price will be subject to refund.
materials including newsletters, brochures, pamphlets, booklets, etc.,
3. Conditions of Grant of License: The grant of License with respect to each Image is subject to the following conditions, any breach of which you acknowledge will cause loss and damage to Licensor:
a) All images used, published or displayed on the World Wide Web or in any online, multi-media or other electronic or digital format may only be used, published or displayed in a resolution and format of 72 DPI or less, to prevent unauthorized replication or copying of the image from the web site in which the image is used;
b) No print quality images (whether low, medium or high resolution files) can be placed on-line in a downloadable or FTP (file transfer protocol) format;
c) Images may not be copied in whole or in part for any purpose other than for use by you as non-exclusive licensee, and may not be copied for re-sale, other than for inclusion in work generated by you;
d) You may not sell, license, or distribute work in any way which allows the client to access the images as a stand-alone file.
e) You may not rent, transfer or grant any rights to the Images, or any compilation, derivative or collective work containing the Images, to any third party without the prior written consent of Licensor;
f) You may not use, promote, offer or market Images for resale, redistribution, sublicense, rent, lease, or re-license;
g) You may not post Images on any electronic bulletin board, news group or on UseNet or similar facility or service;
h) You may not use, or permit others to use, Images, or any portion of an Image, in such a fashion as to create or have the Image be associated with any pornographic, libellous, defamatory, obscene, immoral, demeaning, fraudulent or objectionable design, image, website, publication, document, record, or use of any kind;
j) Images may not be used in association with any discriminatory content, whether with respect to age, gender, racial or ethnic origin, sexual orientation, marital status, physical or mental handicap, or similar matters, or content constituting hate literature;
k) Images, or any part thereof, may not be used or incorporated in any way as to form part of a logo, trademark, or service mark.
l) Images may not be used in a fashion contrary to applicable law and may not be shipped, transferred or exported into any country where so doing would be illegal, or used in any manner prohibited by Canadian laws, restrictions or regulations;
m) Use of any Image in a manner not expressly permitted in this Agreement is prohibited.
n) Licensor grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, or copyrighted designs or works of art or architecture, registered or unregistered, depicted in any Licensed Material, and Licensee must satisfy itself that all necessary rights or consents regarding any the above, as may be required for reproduction, have been obtained;
o) Licensor reserves the right to revoke the license to use a specific image for good cause and elect to replace the image with an alternative image. In the unlikely event that this should occur, upon notice of the revocation of a license for a particular image, Licensee shall immediately cease using such image and shall ensure that its clients and customers do likewise.
4. Further Limitations on Use: In the event that it is possible, for any reason, that, with respect to any works containing Images, that a use of the Image and the model(s) appearing therein may fall under the above noted conditions, you agree to seek the consent of Licensor before proceeding and further that you will not use Images in such circumstances without first obtaining such consent, which must be in writing. Written consent must be provided for the use of the image(s) under these circumstances. If in doubt, you agree to contact Licensor management by email to clarify the use of the image. Please contact firstname.lastname@example.org or call 1-877-337-5433 to inquire about image use consent.
5. Term and Termination: If you do not comply with the terms and conditions of this Agreement, the License shall be automatically terminated, in which case you will have no further permission, license or right to possession or use of Images and you must remove all copies of Images from media in which they are contained and no printed copies of the Images will be permitted for publication or distribution. You must further remove all digital copies of such Images from all hard drives or digital storage devices and destroy all digital copies contained on any removable hard drives, CD’s, DVD’s or any other media on which the images can be found. This license shall remain in force unless and until terminated.
6. Ownership: This Agreement grants a limited license allowing use of Images under the terms and conditions of this Agreement and not otherwise. You do not own the Images and no proprietary interest or any right or title is transferred to you. All right, title, interest and copyrights in the Images remain with Licensor or its licensors or contributing photographers. Images are protected by Canadian and international laws regarding copyrights and moral rights, as well as international treaties and other applicable laws. Licensor retains all rights not expressly granted by this license agreement, including all morale rights to the Images.
7. Limited Warranty:
Licensor warrants the Images 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 Image or a
refund of the pro-rated purchase price of that Image, at the option
11. Severability: 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. You agree that the Software (images) will not be shipped, transferred or exported into any country or used in any manner prohibited by Canadian Federal Law, restrictions or regulations.
12. Enurement: This Agreement shall enure to the benefit of the parties and their respective heirs, executors and permitted assigns.
13. Assignment: You
may not assign this Agreement which is a mere license personal to you.
By proceeding with the purchase and or use of any images from Design Pics, you have fully agreed to the above terms and conditions as set out in this agreement.