Copyright: PhotoDisc ReadMe Help


PhotoDisc® ReadMe Help

There is a better way to keep people interested in your creative design!

The One Place For The Right Image.

Important Information:

PhotoDisc® Introduction

PhotoDisc® World Wide Web sites

PhotoDisc® Digital Imagery License Agreement


PhotoDisc® Introduction

PhotoDisc is the one source for your professional needs, with high quality, relevant images, royalty-free and ready for immediate use.

As a leading producer of professional digital photography, PhotoDisc helps you get the image right, every time. Each of the photographs in our collection has been carefully selected, meticulously scanned on advanced equipment, color-corrected and stored in full-color for dazzling impact.

Visit one of our localized World Wide Web sites for fast and easy keyword searching through our entire collection of approximately 75,000 images, plus convenient single image sales. You can also order our CD-ROM products online or over the phone 24 hours a day, 7 days a week, at +1 800 528 3472 (in the US and Canada) or +1 206 441 9355 for International.


PhotoDisc World Wide Web sites:

http://www.photodisc.com	Main/US and Canada

http://www.photodisc.com/fr	France

http://www.photodisc.com/de	Germany

http://www.photodisc.com/jp	Japan

http://www.photodisc.com/uk	United Kingdom

For more information about the PhotoDisc series of products or to receive a product catalog, please contact PhotoDisc directly.

Within the US and	+1 800 528 3472

Canada	Fax 	+1 206 441 9379

International	+1 206 441 9355

Fax 	+1 206 441 9379

Europe 	+ (0) 44 181 255 2900

Fax 	+ (0) 44 181 255 2929


PhotoDisc® Digital Imagery License Agreement

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ONE OR MORE OF THE FOLLOWING COMPANIES: PHOTODISC, INC., EYEWIRE, INC. AND ARTVILLE, LLC (COLLECTIVELY HEREINAFTER REFERRED TO AS “LICENSOR(S)”). BY BREAKING THE CD-ROM SEAL, OR DOWNLOADING AN IMAGE OR FILM CLIP AND/OR SOFTWARE FROM THIS 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 YOUR BROWSER’S BACK BUTTON 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

Licensor(s) grant to you, and your employer if you are licensing on behalf of your employer, a nonexclusive, nonsublicensable right to use any software obtained from Licensor(s) (“Software”) and any Licensor(s)’ image, film clip, font, clip art, animation or audio clip, and any derivatives or copies, obtained hereunder (collectively, “Digital Media”) on your personal computer. The Digital Media, Software and disc may be shared by creating a disc library, Digital Media storage jukebox, network configuration or similar arrangement as long as no more than 10 specific individuals (including you) employed by the same entity have access to the Digital Media, Software or disc. (Please note that this is not a simultaneous-user license. More than 10 specific people may not access the Digital Media, Software or disc, even if only 10 people are accessing such Digital Media, Software or disc at any particular time.)

The Digital Media 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), to a maximum resolution of 640 x 480 pixels (72 dpi) and 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.

You may not utilize the Digital Media, Software or disc in any manner that is not expressly permitted in this license agreement. All rights not specifically granted above are retained by Licensor(s).

Except as specifically provided in this agreement: 1) no Digital Media, Software or disc may be shared or copied; and 2) you many not create a network of servers, either with or without a central location, which enables others to share the Digital Media, Software or discs.

Use of the Digital Media, or any part thereof, as a trademark or service mark is not permitted.

Pornographic use, use that would be defamatory or libelous absent the consent of the model or use that is otherwise unlawful is prohibited. If any of the Digital Media featuring a person is used in a manner that implies endorsement, use of, or a connection to a product or service by that model, or a potentially unflattering or controversial subject, you must print a statement which indicates that the person is a model and is used for illustrative purposes only.

No Digital Media may be sublicensed, resold or otherwise made available for use or distribution separately or detached from a product or web page. For example, Digital Media 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 Digital Media (including digital files) as an integral part of work product, but may not be provided with Digital Media or permitted to use Digital Media separately. Software may be used only in conjunction with Digital Media. One copy of the Digital Media and Software may be made for backup purposes only, but may be used only if the original Digital Media or Software becomes defective, or is destroyed or otherwise irretrievably lost. If you would like to share the Digital Media, Software or disc with greater than 10 specific people (including you), please contact Licensor(s) by email at license@photodisc.com or by phone at 1 800 528 3472 (US and Canada) or +1 206 441 9355 (international).

You may not include the Digital Media in any electronic template or application, including those that are web-based, where the purpose is to create multiple impressions of an electronic or printed product, including, but not limited to, website designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter.

WARRANTY

Licensor(s) warrant the Digital Media, 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 Media, Software or disc or refund of the purchase price, at Licensor(s)’ option. LICENSOR(S) MAKE 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 LICENSOR(S) 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 Media, Software and disc are owned by Licensor(s) and/or its licensors and are protected by United States copyright laws, international treaty provisions and other applicable laws. The Digital Media, 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 Media 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 Media, Software and disc without keeping or storing any copy, (ii) do not utilize any Digital Media 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 Licensor(s) 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 Media, Software and disc, (ii) return the Digital Media, Software and disc and all copies of all of them to Licensor(s), and (iii) delete any Digital Media and Software and all copies of all of them from all magnetic media and destroy all other copies or, upon request of Licensor(s), return all such copies to Licensor(s). Use of the Digital Media 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. Licensor(s) reserve the right to discontinue the use of any Digital Media for any reason and to elect to replace the Digital Media with alternate Digital Media. Upon notice of any discontinuance of a license for any particular Digital Media, you, and your employer and your client if applicable, agree not to use such Digital Media in the future. This agreement will be governed in all respects by the laws of the State of Washington, U.S.A., without reference to its laws relating to conflicts of law. Venue for all disputes arising under this agreement shall lie exclusively in the Superior Courts of the State of Washington in King County or the Federal District Courts of the Western District of Washington (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts.

Not withstanding the foregoing, Licensor(s) shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S.A. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Licensor(s), such action is necessary or desirable. The Digital Media, 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.