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When you purchase a 72images CD of royalty free photos these are the terms you will receive with the disc.License AgreementYOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS.  YOUR PURCHASE OR USE OF THIS PRODUCT SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONSTHIS IS A LEGAL AGREEMENT BETWEEN YOU “THE LICENSEE” AND 72IMAGES. PROCEEDING WITH YOUR PURCHASE OF THIS IMAGE CD CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU USE ANY IMAGES. WHEN USING IMAGES YOU AGREE TO BE BOUND BY THE TERMS OF 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. The Licensee is permitted to:Use the Images in the Licensee’s personal, professional, internal, editorial and client projects including printed materials, advertisements, packaging, presentations, video, on-line or multimedia projects.Use any of the Images on the Disc in any electronic or print media, including advertising brochures, newsletters, editorial layouts, billboards, web pages, and magazines.Use any of the Images on the Disc for any Items for Resale, including Book Covers, T-shirts, or Coffee Mugs, provided these Items are not intended to allow the re-distribution or re-use of the Images on this Disc.The Licensee is not permitted to:Do anything not expressly permitted under the paragraph headed “Permitted Uses” above.Put the Images on-line in a downloadable format.Use or permit the use of the images by any third party.Sell, sublicence, distribute or otherwise grant rights or make available for use by others in any form or format.Use, or allowing anyone else to use any of the Images to create pornographic, fraudulent, obscene, immoral, infringing, illegal, blasphemous or defamatory material. Using the Images in a way not specifically permitted or prohibited by this agreement, without prior written consent from 72Images is a violation of Copyright law.Transfer the rights to the Disc or its Images, except as specifically provided for elsewhere in this agreement.  The rights aren’t yours to give away; they remain the property of Comstock under any and all circumstances.Reverse engineer, decompile, or disassemble any part of the Disc, its software, or any part of it, subject to applicable law.Copy or reproduce the Disc, the Images it contains, or the materials that accompany it.Remove any copyright or trademark from any place where it appears on the disc, or its accompanying materials.Use the Disc or the Images it contains in any way that could be considered defamatory, libelous, pornographic, obscene, immoral, or fraudulent.Display the Images on the Disc in any digital format or for any digital use at a resolution greater than 640×480 pixels, except in editorial or preliminary design work.  Doing so will be viewed as an attempt to distribute the Images in violation of this agreement. We’re specifying this so that no one can steal the Images from you, even if that was not your intention.Use the Disc, its Images or any part of them as part of a trademark or servicemark.  Comstock retains the full rights to the contents of the Disc, and as such, you cannot establish your own rights over any part of them.Re-sell, distribute or sub-license the Disc, the Images, or the rights to use the Images. Comstock is in the business of licensing Images for use by its customers. It is the specific intent of this provision to prohibit a purchaser or licensee, of Comstock’s images from using these images to enter, either directly or indirectly, a similar or competing business. It is therefore prohibited to use the images in a product whereby the purchaser, or licensee, of that product can then in any way, or be permitted to in any way, use the images for their own purposesTERMS72IMAGES provides this computer disc, which contains digitized photographs.  72Images licenses you the use of the Disc and Images only as provided below on a non-exclusive and non-transferable basis.  All other rights to the Disc and the Images, including without limitation, copyright and all other rights, are retained by 72Images.This License is effective until it is terminated. You can terminate by destroying the Disc, along with any copies or archives of it and the Images it contains. The license also terminates if at any time you fail to comply with the terms of this agreement. 72Images requests the phrase ” Photo:  www.72images.com” appear adjacent to the images or on a credit page.72Images grants to you and your employer, if you are licensing on behalf of your employer, a nonexclusive, nonsublicensable right to use any image purchased from 72Images on your personal computer. The Images may not be shared by creating a disc library, image storage jukebox, network configuration or any similar server arrangement.All rights to the Images are owned by 72Images and its licensors and are protected by copyright laws, 72Images and its licensors retain all rights not expressly granted by this agreement.The Licensee warrants and undertakes, confirms and agrees with 72Images that all rights of a proprietary and copyright nature and title in and to the Images are expressly acknowledged as the property of 72Images. and subject only to the non-exclusive, non-transferable licence contained in this Agreement, which does not confer any copyright or proprietary rights of any nature whatsoever on the Licensee aside from the uses specified and permitted in this Agreement.The Licensee shall ensure that all copies of the Images published and distributed by the Licensee shall contain full and accurate copyright notices, credit attributions and acknowledgements that the copyright is retained in the works by 72Images, and that reproduction is permitted only under the limited licence from 72Images.The Licensee shall retain total control and possession at all times of Images and ensure that these are kept in safe and secure storage facilities and shall not allow the Images to fall into the hands of third parties who are not licenced by this Agreement.The Licensee shall indemnify and keep fully indemnified 72Images from and against all actions, proceedings, claims, demands, costs, awards and damages arising directly or indirectly as a result of any breach or non-performance by the Licensee of any of the Licensee’s undertakings, warranties or obligations under this Agreement.The Licensee warrants and undertakes not to assign or licence the use of the Images or any portion thereof for any purpose other than those purposes specifically agreed between 72Images and the Licensee under this Agreement. In particular, the Licensee may not loan, rent, hire or otherwise transfer or purport to transfer the right to use the Images in any way to any other person or entity.All Images are owned by 72Images. or its licensors and are protected by Copyright law. No title to or intellectual property rights to the Images are transferred to you. 72Images retains all rights not expressly granted by this License Agreement.You agree to indemnify and hold 72IMAGES harmless against all claims arising out of any breach of this Agreement.limited warranty:72IMAGES WARRANTS THE PRODUCTS TO BE FREE FROM DEFECTS IN DESIGN FOR 30 DAYS FROM DELIVERY AND WILL PERFORM IN ACCORDANCE. YOUR SOLE AND EXCLUSIVE RIGHT FOR A BREACH OF THIS WARRANTY IS THE REPLACEMENT OF THE PRODUCT OR A REFUND OF THE PURCHASE PRICE, AT THE OPTION OF 72IMAGES.72IMAGES MAKES NO OTHER WARRANTY EITHER EXPRESSED OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PURPOSE AND/OR ANY PARTICULAR USE OR COMPATIBILITY WITH ANY COMPUTER OR OTHER KIND OF EQUIPMENT.NEITHER 72IMAGES, OR ANY OF ITS DIRECTORS, SHAREHOLDERS, TRUSTEES, AGENTS, EMPLOYEES, REPRESENTATIVES OR ASSOCIATES SHALL BE LIABLE FOR ANY DAMAGES OR LOSSES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE PRODUCTS AND/OR THE IMAGES.YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.  YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN US RELATING TO THE SUBJECT OF THIS AGREEMENT.EXCEPT AS PROVIDED ABOVE, THE DISC IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 72IMAGES DOES NOT WARRANT THAT THE IMAGES CONTAINED IN THE DISC WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE DISC WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE DISC IS WITH YOU. SHOULD THE DISC PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.Consumer Rights:72Images entire liability and your exclusive remedy shall be the following:Replace the disc. As provided for in the warranty above, you can receive a replacement disc by returning the disc and a copy of your receipt to 72Images.If 72Images or its authorized dealer is unable to provide you with a replacement disc, which is free from defects in materials or workmanship, you may terminate this agreement by returning the Disc within 30 days and your money will be refunded.

 

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