This is a copy of the License Agreement that accompanies each Digital Stock Photo CD. It governs your use of the CD and the images on the CD. We do, however, sometimes give written permission for uses not specifically allowed by this Agreement. If your proposed use is not allowed by this Agreement, or if you have a question about a proposed use, please call us at 619/794-4040.
Please be careful not to use any Digital Stock images in any way not specifically allowed by this Agreement without our written permission to do so. Unauthorized or improper use of any Digital Stock image is a violation of Federal copyright law, and may result in serious penalties. It's also really bad Karma. Please don't do it.
LICENSE AGREEMENT
The following is a legal agreement between you and Digital Stock, Incorporated [╥Digital Stock╙]. Read this agreement carefully before using the Photo CD. By using the Photo CD, you agree to be bound by this agreement. If you do not wish to be bound by this agreement, you should immediately return the Photo CD, unused, with your proof of purchase, to the place where you obtained it for a full refund.
1. All of the material in this Photo CD is proprietary and copyrighted. All rights, including all copyrights, to this material are owned and are reserved by Digital Stock and the photographers who granted Digital Stock the right to include their material in this Photo CD [╥Photographers╙], except to the extent that the right to use such material is specifically granted by this license.
2. By this agreement, Digital Stock grants to you a non-exclusive, non-transferable, right to use the images on this Photo CD in live presentations and in ╥Permitted Printed Materials.╙ Permitted Printed Materials are the following, which must be created by you for your own use or for use by your direct client: articles and advertisements in magazines and newspapers; displays; brochures; reports; and newsletters. If you have any question about a proposed use, call us at 619/794-4040.
3. YOU MAY NOT:
A. Make [or allow anyone else to make] any form of copy, whether digital, printed, photographic, or otherwise, of any of the images in this Photo CD, except insofar as such images may be incorporated by you into Permitted Printed Materials;
B. Place [or allow anyone else to place] any of the images in this Photo CD on an electronic bulletin board or other form of on-line service; or
C. Use [or allow anyone else to use] any of the images in this Photo CD in any form of pornography, or in any other manner which is in any way embarrassing to or defamatory of any person or business entity in any such image, or which implies any form of endorsement by Digital Stock or by any of the Photographers.
4. You agree to indemnify and hold harmless Digital Stock and the Photographers against any damages or liability of any kind arising from any use of this product other than the permitted uses specified in this agreement.
5. This Photo CD and the photographic material contained in this Photo CD are provided "AS IS." Digital Stock makes no warranty, either express or implied, of merchantability, fitness for any particular use, type or quality of image, or compatibility with any computer or other kind or equipment. Neither Digital Stock nor any of its directors, officers, employees, partners, or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, this Photo CD. Because some states do not permit the exclusion or limitation of consequential or incidental damages, the above limitation of liability may not apply in its entirety to some purchasers.
6. This agreement shall be governed by the laws of the State of California, except its conflict of laws rules. Venue for any action respecting the product or this agreement shall be San Diego, California. The San Diego Superior Court and the United States District Court for the Southern District of California shall have exclusive jurisdiction respecting any such action. If any portion of this agreement shall be found to be invalid by a court of competent jurisdiction, the remainder of this agreement shall remain in full force and effect, and shall be construed so as to achieve the original intention of this agreement.
