Comp Use Agreement (North America)
COMSTOCKRF Royalty-Free Images on CD-ROM

By accessing an image from this "Find & Try"� CD-ROM you agree to be bound by the terms of this agreement.

This is a legal agreement between you and Comstock, Inc. and it�s subsidiaries, ("Comstock"). Read the following terms and conditions before you access any image from this CD-ROM. Comstock reserves the right to change these terms and conditions at any time.

The ComstockRF Royalty-Free Images on this CD-ROM "the Image(s)" are owned by Comstock, Inc. and/or photographers and other parties who have licensed Comstock to include the images on this CD-ROM.

The CD-ROM also contains version 3.5 of Comstock�s Photo Browser, a software application. All rights to and in respect of this application are owned by Comstock. Except as expressly permitted by applicable laws, you may not alter the CD-ROM in any way, whether by reverse engineering, decompiling, dissembling or modifying the software or otherwise.

The Images, the CD-ROM and the software comprised in it are protected by copyright and international treaty provisions.

You have limited rights to use the images on the CD-ROM as described below. For additional rights to an image you must license its use and accept all of the terms and conditions of the applicable Comstock License Agreement which will accompany the actual duplicate or original image or a high resolution scanned image file. A copy of the Comstock License Agreement can be obtained at the web site www.comstock.com or by contacting Comstock by telephone.

Comstock retains all rights not expressly granted by this agreement. The license contained in this agreement will terminate automatically without notice from Comstock if you fail to comply with any provision of this agreement. Upon termination, you must immediately stop using the CD-ROM and image(s) and destroy or return all copies from magnetic media to Comstock, Inc.

Use, duplication or disclosure of a Image(s) by the United States government is subject to "Restricted Rights," as that term is defined in the Department of Defense Supplement to the Federal Acquisition Regulations ("FAR"), and to paragraph 52.227-19�(2) of the FAR.

Comstock grants you, the individual user of this product, the non-exclusive and non-transferable right to copy the Image(s) on one computer for one user at a time for COMP USAGE and BROWSING only. Comp Usage is defined as the creation of a rough layout or comprehensive rendering of a proposed work for client review, internal company review or testing. The Image may not be used in any materials distributed outside of your company or to the public, including any online or other electronic distribution system (except you may transmit comps digitally or electronically to your clients for their review) and may not be sold or sublicensed alone or as part of any product.

User agrees to provide a credit line of � year, Comstock and to provide copyright protection to the photographs in Comstock�s name.

"Browsing" is defined as the approval or review of Images on screen in contemplation of entering into a Comstock RF License Agreement in respect of such Images.

Image usage that may be deemed to be defamatory, libelous, pornographic, obscene and/or immoral is expressly prohibited. The Image(s) may not be used for any other purpose unless you have licensed the use of the Image(s) and have accepted all of the terms of the corresponding Comstock License Agreement, which shall accompany the duplicate images and/or high-resolution digital scan(s). We encourage you to read the ComstockRF License Agreement, which describes all rights provided with Comstock images.

THE IMAGES AND INFORMATION YOU FIND ON THIS CD-ROM ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

This Agreement will be governed by the laws for the State of New York, USA. without regard to its conflicts of laws rules. If any provision of this agreement is held to be not enforceable, such provision shall be reformed only to the extent to make it enforceable.

Use, duplication or disclosure Image(s) by the United States government is subject to "Restricted Rights," as that term is defined in the Department of Defense Supplement to the Federal Acquisition Regulations ("FAR"), and to paragraph 52.227-19�(2) of the FAR.

You agree that this Agreement is made pursuant to Article 2 of the Uniform Commercial Code and agree to be bound by same.

This agreement, its validity and effect, shall be interpreted under and governed by the laws of the Province of Ontario.

The terms and conditions of this "Comp Use Agreement" may not be waived orally by any employee of Comstock, Inc. and it�s subsidiaries. Any purported waives and/or changes must be made in writing and signed by an officer of Comstock, Inc. or it�s subsidiaries.

Comstock, Comstock Encyclopedia of Stock Photography, Comstock First Edit and Comstock Desktop Photography are registered trademarks of Comstock, Inc. registered in the United States and other countries. Comstock RF� is a trademark of Comstock, Inc. The Idea Machine is a service mark of Comstock, Inc. Apple, Macintosh and QuickTime are trademarks of Apple Computer, Inc. registered in the US and other countries. Microsoft, and Microsoft Windows are registered trademarks of Microsoft Corporation. Quark Express is a registered trademark of Quark, Inc. Adobe Photoshop is a registered trademark of Adobe Systems, Inc. IBM is a registered trademark of International Business Machines Corporation. All other trademarks are owned by their respective owners.

� 1998-2000, Comstock, Inc. All rights reserved

02/2000 KCD