By virtue of your use of the attached Photo CD Images, you agree to be bound by the following terms and conditions of use. Any and all images (Images) provided by Nintendo of Europe GmbH (Nintendo) to the recipient are provided subject to the foregoing acknowledgment and the following Agreement between the parties.
2) To the extent the Images include any (a) trade name, trademark or service mark owned by a third party, or (b) likeness of or reference to a third party, the recipient is responsible for obtaining appropriate permissions and licenses from such third party.
3) THE IMAGES ARE PROVIDED TO THE RECIPIENT AS IS. ALL IMPLIED WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
4) This Agreement (a) constitutes the entire agreement between the parties, and supersedes any and all other agreements, understandings, and communications between the parties related to the Images; and (b) may only be amended or otherwise modified by a written instrument executed by an authorized representative of Nintendo.
