Photos may be used royalty-free for comping and non-commercial in-house presentation usage only, as defined in the following document. All other usages require written permission from Comstock, Inc. and are subject to standard reproduction fees. If you would like to use one of the images for a usage other than that permitted below, would like a copy of our terms of usage, or if you have any questions, please call 416-504-9177.
TERMS FOR REVIEW AND LIMITED USE OF COMSTOCK DESKTOP PHOTOGRAPHY ("TERMS").
1. THE PRODUCT
This CD-ROM contains more than 1,500 photographs in digitized form. The rights to use the photographs are owned by Comstock, Inc. or its represented photographers who have granted to Comstock, Inc. the right to include their photographs in the CD-ROM. (Comstock, Inc. and these photographers are collectively referred to as Comstock and the photographs are referred to as Comstock Desktop Photography in this agreement.) The CD-ROM also contains version 2.0 of Comstock's Photo Browser, a software application. The User may not alter the CD-ROM in any way, by reverse engineering, decompiling, disassembling or modifying the software.
2. RIGHTS, TITLE OR INTEREST
The Comstock Desktop Photography remains the exclusive property of Comstock, Inc. Permission to utilize the Comstock Desktop Photography is only granted for the use specified herein and for no other purpose. The User of the Comstock Desktop Photography do es not acquire any right, title or interest in or to any works derived from any of these photographs (including, without limitation, electronic reproduction or promotional rights including, without limitation, high or low resolution scans or any facsimile thereof) except for the usage permitted below. No rights, except those specified below, are granted by your possession of the Comstock Desktop Photography. All rights not granted herein are specifically reserved for Comstock's use and future disposition without any limitations whatsoever. You agree not to make, authorize or permit any use of the Comstock Desktop Photography or its derivative, except as provided below. You do not acquire any proprietary rights to either (i) the photographic images underlying the Comstock Desktop Photography or (ii) the images of the Comstock Desktop Photography.
3. PERMITTED USAGE
Comstock agrees to grant permission to the User to use the Comstock Desktop Photography only for the following purposes:
a. Non-commercial In-house Usage, defined as those uses in which the primary recipient is an employee or member of the User's organization and the primary function of the usage is to educate or inform and not sell or market a product or service. Examples of Non-Commercial In-house Usage include, but are not limited to: Newsletters distributed internally free of charge, memos, internal training manuals or teaching aids, invitations, signs and reports that are not for resale and not for promoting business, and the promotion of normal corporate activities such as picnics, parties, charitable fundraisers and other primarily social or charitable events even if an admittance fee is charged, as long as the primary function is to entertain employees and/or members, and not promote business.
b. Comp Usage, defined as the creation of a rough layout or comprehensive rendering of Comstock Desktop Photography for the purpose of displaying to a client or potential client the final visual style and substance of a creative work, which may be intended to be used for a commercial purpose but by itself will not lead directly to any renumeration. Except for Non-Commercial In-house Usage and Comp Usage, no permission to use the Comstock Desktop Photography is granted.
You may acquire commercial and/or editorial rights by contacting Comstock and requesting a sales invoice for such usage.
4. INDEMNIFICATION
a. User hereby indemnifies and holds Comstock harmless from any and all claims, expenses and liability of any kind arising out of or in connection with any use of the Comstock Desktop Photography.
b. No model release or other releases exist for any Comstock Desktop Photography unless the existence of such release is specified in writing by Comstock. User hereby indemnifies and holds Comstock harmless against any and all claims, expenses and liability of any kind arising out of or in connection with the use of the Comstock Desktop Photography where the existence of such release has not been specified in writing by Comstock and for the defamatory use of a photograph in any manner or context.
c. The usage granted by this agreement is not assignable or transferable on the part of the User.
d. Comstock reserves the right to withdraw any photograph in the Comstock Desktop Photography from this Agreement. Comstock shall also have the right to terminate this Agreement at any time.
5. AVAILABILITY OF ADDITIONAL RIGHTS
Comstock makes no warranty that additional reproduction rights beyond those described herein are available. However Comstock will negotiate with the User to secure additional rights, if available, as per normal trade practices, to black and white and color versions of the Comstock Desktop Photography.
6. COPYRIGHT NOTICES
User agrees to provide a credit line of (c) 1997, Comstock, Inc., and to provide copyright protection to the photographs in Comstock's name. In the case of a newsletter or other multipage publication, the entire contents may be copyrighted in the name ofthe Registered User as follows: (c) Year of Publication, Name of User.
7. LIMITATION ON WARRANTIES AND LIABILITY
NEITHER COMSTOCK, INC. NOR ITS SUPPLIERS, DISTRIBUTORS OR RETAILERS MAKE ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT DESCRIBED IN THIS AGREEMENT, ITS QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. AS A RESULT, THIS PRODUCT IS PROVIDED AS IS. THE PURCHASER ASSUMES THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE. IN NO EVENT WILL COMSTOCK, ITS REPRESENTED PHOTOGRAPHERS, DISTRIBUTORS OR RETAILERS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY DEFECT IN THE PRODUCT OR MANUAL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, THEY SHALL HAVE NO LIABILITY FOR ANY PROGRAMS OR DATA USED IN CONJUNCTION WITH THIS PRODUCT, INCLUDING THE COSTS OF RECOVERING OR REPRODUCING THESE PROGRAMS OR DATA. NO COMSTOCK DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS LIMITATION ON WARRANTY. SOME STATES OR PROVINCES MAY NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IN WHICH EVENT THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
8. ACCEPTANCE OF TERMS
The right to review and begin limited use, as explained in paragraph 3 above, of the photographs contained on this CD-ROM is granted subject to these terms. If you do not accept these terms you may not use the Comstock Desktop Photography for any purpose. Therefore, your review and use of any of the Comstock Desktop Photography will automatically constitute acceptance of all of these terms.
9. WAIVER
The above terms may not be waived orally by any employee and any purported waives or change must be in writing and signed by an officer of Comstock, Inc.
10. UNIFORM COMMERCIAL CODE
You agree that the above terms are made pursuant to Article 2 of the Uniform Commercial Code and agree to be bond by same.
11. UNITED KINGDOM LAW TO APPLY THROUGHOUT (FOR CUSTOMERS IN UNITED KINGDOM ONLY)
a. This Agreement shall be governed by and construed in all respects in accordance with the laws of England.
b. Parties to this agreement hereby submit to the exclusive jurisdiction of the English Courts.
