PhotoDisc¿ Digital Imagery License Agreement: Comping
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PHOTODISC, INC. ("PhotoDisc"). BY BREAKING THE CD-ROM SEAL OR DOWNLOADING AN IMAGE OR FILM CLIP AND/OR SOFTWARE FROM OUR WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, PROMPTLY RETURN THE CD-ROM AND ALL ACCOMPANYING MATERIALS IN THE ORIGINAL CARTON FOR A FULL REFUND OR CLICK ON THE 'CANCEL PURCHASE' BUTTON ON THE WEBSITE TO DECLINE THIS AGREEMENT.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.
GRANT OF LICENSE
There are low-resolution comping images and film clips (the "Low-Resolution Digital Imagery") and there may be high-resolution images and/or film clips (the "High-Resolution Digital Imagery") on each disc. PhotoDisc grants to you, and your employer if you are licensing on behalf of your employer, a nonexclusive, nonsublicensable right to use any software obtained from PhotoDisc ("Software") and any PhotoDisc Digital Imagery and any derivatives or copies thereof (collectively, together with the Low-Resolution Digital Imagery and the High-Resolution Digital Imagery, the "Digital Imagery") on your personal computer. The Digital Imagery, Software and disc may not be shared by creating a disc library, Digital Imagery storage jukebox, network configuration or similar arrangement.
The Low-Resolution Digital Imagery: may be used in materials for PERSONAL, NONCOMMERCIAL use and TEST or SAMPLE use, including COMPS and LAYOUTS. The Low-Resolution Digital Imagery may not be used in any final materials distributed inside of your company or any materials distributed outside of your company or to the public, including, but not limited to, advertising and marketing materials or any online, or broadcast or other electronic distribution system (except that you may transmit comps digitally or electronically to your clients for their review), and may not be distributed, sublicensed or made available for use or distribution separately or individually, and no rights may be granted to the Low-Resolution Digital Imagery.
The High-Resolution Digital Imagery: may be used on a worldwide and perpetual basis as a part of:
(i) ADVERTISING and PROMOTIONAL MATERIALS (including
packaging);
(ii) ONLINE or other ELECTRONIC DISTRIBUTION SYSTEMS (including web page design) and in BROADCASTS or THEATRICAL EXHIBITIONS;
(iii) ANY PRODUCTS (including for-sale products) or PUBLICATIONS (electronic or print); and
(iv) materials for PERSONAL, NONCOMMERCIAL use and TEST or
SAMPLE use, including COMPS and LAYOUTS.
No High-Resolution Digital Imagery may be sublicensed, resold or otherwise made available for use or distribution separately or detached from a product or web page. For example, High-Resolution Digital Imagery may be used as an integral part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by website users. Similarly, clients may be provided with copies of High-Resolution Digital Imagery (including digital files) as an integral part of work product, but may not be provided with High-Resolution Digital Imagery or permitted to use High-Resolution Digital Imagery separately.
Software may be used only in conjunction with the Digital Imagery. One copy of the Digital Imagery and Software may be made for backup purposes only, but may be used only if the original Digital Imagery or Software becomes defective, or is destroyed or otherwise irretrievably lost. Except as specifically provided in this agreement, no Digital Imagery, Software or disc may be shared or copied. Pornographic, defamatory, libelous or otherwise unlawful use of the Digital Imagery is prohibited.
Additional Rights Available: If you are unsure of your usage rights under this agreement, contact PhotoDisc, by email at license@photodisc.com, or by phone at 1 800 528 3472 (US and Canada) or +1 206 441 9355 (international).
WARRANTY
PhotoDisc warrants the Digital Imagery, Software and disc to be free from defects in material and workmanship for 90 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the Digital Imagery, Software or disc or refund of the purchase price, at PhotoDisc╒s option. PHOTODISC MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not permit the exclusion of implied warranties, and you may have other rights which may vary from state to state. NEITHER PHOTODISC NOR ITS LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES ARISING OUT OF THIS LICENSE OR OTHERWISE.
GENERAL
You may not decompile, reverse engineer, disassemble or otherwise reduce to human-readable form any Software contained on this disc. All rights to the Digital Imagery, Software and disc are owned by PhotoDisc and/or its licensors and are protected by United States copyright laws, international treaty provisions and other applicable laws. PhotoDisc and its licensors retain all rights not expressly granted by this agreement. The Digital Imagery, Software and disc are licensed only to you, or your employer if you are licensing on behalf of your employer. However, this agreement and the license to use the Digital Imagery and Software may be transferred to another person or legal entity if the following conditions are met: you, or your employer if you are licensing on behalf of your employer, (i) transfer the Digital Imagery, Software and disc without keeping or storing any copy, (ii) do not utilize any Digital Imagery or Software in the future in any manner, (iii) transfer this physical agreement to the transferee, and (iv) the transferee agrees to be bound by the terms hereof. The license contained in this agreement will terminate automatically without notice from PhotoDisc if you, or your employer if you are licensing on behalf of your employer, fail to comply with any provision of this agreement. Upon termination, you, and your employer if you are licensing on behalf of your employer, must immediately (i) stop using the Digital Imagery, Software and disc, (ii) return the Digital Imagery, Software and disc and all copies of all of them to PhotoDisc, and (iii) delete any Digital Imagery and Software and all copies of all of them from all magnetic media and destroy all other copies or, upon request of PhotoDisc, return all such copies to PhotoDisc. Use of the Digital Imagery and Software must be in compliance with all applicable law, including, but not limited to, laws and regulations relating to currency and the law of moral rights. PhotoDisc reserves the right to discontinue the use of any Digital Imagery for any reason and to elect to replace the Digital Imagery with alternate Digital Imagery. Upon notice of any discontinuance of a license for any particular Digital Imagery, you, and your employer and your client if applicable, agree not to use such Digital Imagery in the future. The Digital Imagery, Software and disc are "Restricted Computer Software" and, when provided to or for, or used on behalf of, the United States of America, its agencies and/or instrumentalities (the "U.S. Government"), are provided with "Restricted Rights." Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth under the United States copyright laws and this agreement, and as provided in DFARS 227.7202-1(a), and 227.7202-3(a) (1995), DFARS 252.227.7013(c), FAR 12.212(a) (1995), or FAR 52.227-19(a)-(d), as applicable.
