PhotoDisc Comping License

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PHOTODISC, INC. ("PhotoDisc"). READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU DOWNLOAD ANY IMAGE AND/OR SOFTWARE. BY DOWNLOADING ANY IMAGE AND/OR SOFTWARE FROM OUR WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, CLICK ON THE "REMOVE FROM CART" 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

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 the PhotoDisc image you have selected and any derivatives or copies (collectively, the "Image") on your personal computer. The Image and Software may not be shared by creating a disc library, image storage jukebox, network configuration or similar arrangement.

The Image may be used in materials for PERSONAL, NONCOMMERCIAL use and TEST or SAMPLE use, including COMPS and LAYOUTS. The Image may not be used in any final materials distributed inside your company or any materials distributed outside your company or to the public, including, but not limited to, advertising and marketing materials or any online 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 Images.

The Software may be used only in conjunction with the Images. One copy of the Image and Software may be made for backup purposes only, but may be used only if the original Image or Software becomes defective, destroyed or otherwise irretrievably lost. Except as specifically provided in this agreement, the Image and Software may not be shared or copied. Pornographic, defamatory, libelous or otherwise unlawful use of the Image is prohibited.

Additional Rights Available:

If you are unsure of your usage rights under this agreement or wish to use the Image in a manner not permitted by this agreement (for example: online or as part of an advertisement or a product ), please 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 copy of the Image and Software in the form downloaded by you 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 copy of the Image and Software 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. All rights to the Image and Software 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 Image and Software 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 Image 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 Image and Software without keeping or storing any copy, (ii) do not utilize the Image 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 applicable must immediately (i) stop using the Image and Software, (ii) return the Image and Software and all copies of them to PhotoDisc, and (iii) delete the Image and Software and all copies 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 Image 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 Image for any reason and to elect to replace the Image with an alternate Image. Upon notice of any discontinuance of a license for a particular Image, you and your employer and your client if applicable, agree not to use the Image in the future. The Image and Software 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.

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