THIS IS A LEGAL AGREEMENT BETWEEN YOU AND RUBBERBALL PRODUCTIONS (hereafter "RBP"). READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU DOWNLOAD OR PURCHASE ANY IMAGE, SOFTWARE OR CD. BY DOWNLOADING ANY IMAGE AND/OR SOFTWARE FROM OUR WEBSITE OR CD, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT DOWNLOAD OR USE ANY IMAGE PUBLISHED BY RBP. THESE IMAGES ARE COPYRIGHT PROTECTED.
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.
ALL OF THE IMAGES ARE COPYRIGHTED MATERIAL EITHER BY RBP OR BY A THIRD PARTY THAT HAS LICENSED THE USE OF THE IMAGES TO RBP.
USAGE RESTRICTIONS
This agreement denies usage of any of the images in any pornographic or defamatory manner. Images of models, male or female, cannot be used to create pornographic material or be used in combination with, or associated with pornographic material. Additionally, images of models or people may not be used to promote or suggest ideas or lifestyles that the actual models in the photographs may not be comfortable associating. Images may not endorse, promote, represent or be used in connection with alternative (gay and/or lesbian) lifestyles; alcohol; tobacco; illegal drugs; psychological, psychotropic, and/or physical disorders; criminal and/or anti-social behaviors; sexual and/or pornographic contexts; and/or controversial political views. In addition, any uses which may be construed by the model as degrading, offensive, defamatory or which deal with controversial subjects of any kind are not covered in the releases RBP has in its possession. Such uses, if they are made at all, must be approved in writing by RBP, prior to usage. Inquiries may be made by phone (801-224-6886), fax (801-224-3353) and/or e-mail (photos@rubberball.com). If you have any questions regarding a license issue or usage, please call RBP (see below for contact information). As always, use your best judgment when considering usage of these images. RBP will not be held accountable for any claims resulting from the unauthorized usage of the images contained on this CD. Furthermore, any usage of the images for pornographic, negative or defamatory purposes may result in legal action by RBP and/or affected parties.
USAGE LIMITATIONS
You may:
1) use the disc or images on only one computer at any one time;
2) modify, copy, and incorporate images in advertising, communications, marketing and promotional materials, multimedia projects, video, graphic design projects and general creative works, that you design for yourself or your clients. Website design and promotion is acceptable.--You may not use the image or images in any way that is not specifically allowed by this Agreement.
Without limiting the generality of the foregoing, you may not:
1) copy the disc in its entirety or otherwise substantially reproduce the disc;
2) copy any image onto more than one computer at any one time;
3) redistribute or resell the images or disc, or modified versions of the images including, but not restricted to, portions of the images incorporated into other images, as another image library or as another type of product which is similar to, or competes with, this product;
4) rent, lease, time-share or sub-license the disc or any of the images;
5) place any of the images on a computer network, intranet, internet, computer bulletin board or other form of on-line or internet-accessible service;
6) use of any RBP product for the purpose of creating a product or products for resale, such as greeting cards, posters/prints, T-shirts, or calendars for commercial sales, in which the primary value of the product for sale is the image itself. If this type of usage is required please contact RBP to arrange for special licensing by calling 1-888-224-3472. (SEE BELOW FOR FURTHER DETAILS).
License and Restrictions for Comping images:
You may:
1) use the disc or comping images on only one computer at any one time;
2) modify, copy, and incorporate the images on the disc in projects that are for personal or in-house corporate use for comping, rough layouts, mock-ups, and browsing purposes only.
You may not use the images in any way that is not specifically allowed by this Agreement.
Without limiting the generality of the foregoing, you may not:
1) modify, copy, and incorporate the images you download or images on the disc in projects that are communicated publicly outside of your company, including but not limited to, advertising, communications, marketing and promotional materials, multimedia projects, video, graphic design projects and general creative works, that you design for yourself or your clients, other than for comping, rough layouts or mock-ups;
2) copy the disc in its entirety or otherwise substantially reproduce the disc;
3) copy any image from the disc onto more than one computer at any one time;
4) redistribute or resell the disc or any or all of the images, or modified versions of the images including, but not restricted to, portions of the images incorporated into other images, as another image library or as another type of product which is similar to, or competes with, this product;
5) rent, lease, time-share or sub-license the disc or any of the images;
6) place any of the images on a computer bulletin board or other form of on-line or internet-accessible service.
LIMITED WARRANTY
RBP warrants that, for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt, the media you download or upon which the CD is furnished under normal use will be free from defects in materials and workmanship. RBP's entire liability and your exclusive remedy under this warranty (which is subject to you returning this software to RBP or an authorized dealer with a copy of your receipt) will be, at RBP's option, to replace the media or to refund the purchase price and terminate this agreement.
Except for the above express limited warranties, the product is provided to you as is. RBP makes and you receive no warranties or conditions, express, implied, statutory, or in any communication with you, and RBP specifically disclaims any implied warranties of merchant ability, non infringement and fitness for a particular purpose. RBP does not warrant that the operation of this Product will be uninterrupted or error free, will meet your requirements, or will operate with the combination of hardware and software selected by you.
In no event will RBP be liable for any damages, including loss of data, lost profits, cost of cover or other special, incidental, consequential or indirect damages arising from the use of the product, however caused and on any theory of liability. This limitation will apply even if RBP or an authorized dealer has been advised of the possibility of such damage. You acknowledge that the license fee reflects this allocation of risk. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
This Agreement will be governed by the laws of the State of Utah. In any dispute arising out of this Agreement, you and RBP each consent to the exclusive personal jurisdiction and venue in the state and Federal courts within Salt Lake City, Utah. This Agreement is the entire agreement held between us and supersedes any other communications or advertising with respect to the software and accompanying documentation. If any provision of this agreement is held invalid, the remainder of this Agreement shall continue in full force effect.
RubberBall Productions Orem, Utah 84058. The following is a general guideline of acceptable image uses under this license agreement.
STANDARD LICENSE ENCOMPASSES THE FOLLOWING:
- Materials for internal company use and for production on third party projects.
- In print form only for advertising and promotional materials.
- In TV or cable broadcasts.
- As a part of any on-line or electronic process or multi-media.
EXAMPLES OF ACCEPTABLE USE:
- product catalogs
- direct mail
- corporate logos
- newsletters
- advertising and editorial layouts
- trade show materials
- multi-media presentations
- corporate brochures
- web page design
- text books
- teaching materials
- permanent packaging
THE FOLLOWING IS A GENERAL GUIDELINE OF USAGE NOT AUTHORIZED WITHOUT THE EXPRESS CONSENT OF RUBBERBALL PRODUCTIONS
- calendars for resale
- greeting cards for resale
- stationary for resale
- book jackets for resale
- CD and album covers for resale
- multimedia games/educational for resale
- clothing items for sale
- postcards for resale
- posters for resale
RubberBall Productions, 1998.
All Rights Reserved. Apple and Macintosh are registered trademarks of Apple Computer, Inc. All other trademarks are the property of their respective owners.
RubberBall Productions
102 South Mountain Way Drive,-Orem, Utah 84058 U.S.A.
If you have any question, please contact us by phone:
