Terms and Conditions

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Image 100 Ltd End User License Agreement

THIS IS A LEGAL AGREEMENT BETWEEN YOU (THE LICENSEE) AND IMAGE 100 LTD. BY USING ANY OF THE FIVE FREE IMAGES OR BY OPENING THE BROWSER DISC (VIEWING IMAGES ONLY SUPPLIED) YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, REFRAIN FROM USING ANY OF THE FREE IMAGES OR THE BROWSER DISC.

In consideration of the obligations, warranties and undertakings of the Licensee in this Agreement, and subject to and conditional upon their full and timely performance and observance, the company grants to the Licensee a non-transferrable non-exclusive licence to use the photographic images.

The images may be accessed and used by the Licensee and up to nine other people employed by the name entity which purchased the magazine (PC Direct), on a computer network, dukebox or similar device.

Permitted uses

This license agreement does permit the following uses of the images or any portion thereof.

You may:

Prohibited uses

This license agreement does not permit the following uses of the images or any portion thereof.

You may not do anything with this product which is not expressly permitted.

In addition you may not:

This license is in force until it is terminated. If you do not comply with the terms and conditions above, this license automatically terminates. At termination, the product must be returned to Image 100 Ltd. immediately and any back-up copies must be destroyed forthwith.

Warranties of the Licensee

The Licensee warrants and undertakes, confirms and agrees with Image 100 Ltd:

That all rights of a proprietary and copyright nature and title in and to the photographic works and materials are expressly acknowledged as the property of Image 100 Ltd.and subject only to the non-exclusive, non-transferable license 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 in this Agreement.

The Licensee shall ensure that all copies of the photographic works and materials 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 Image 100 Ltd, and that reproduction is permitted under the limited license from Image 100 Ltd.

The Licensee shall retain total control and possession at all times of the photographic works and materials and ensure that these are kept in safe and secure storage facilities and shall not allow the photographic works or materials to fall into the hands of third parties who are not licensed by this Agreement.

The Licensee warrants and undertakes not to assign or license the use of the photographic works and materials or any image or any portion thereof for any purpose other than those purposes specifically agreed between Image 100 Ltd 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 photographic materials or works in any way to any other person or entity.

The Licensee accepts and warrants that use of the photographic images, and data shall not infringe any third party rights, of any nature, and any liability for the infringement of third party rights, of whatsoever nature, shall rest with the Licensee.

Copyright.

All images contained in this CD are owned by Image 100 Ltd. or its licensors and are protected by Copyright law, and are bound by the laws in force in England and Wales. No title to or intellectual property rights to the images or the CD are transferred to you. Image 100 Ltd. retains all rights not expressly granted by this license agreement.

Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owner's name. Trademarks can only be used to identify printed or electronic output produced by the Product. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this License Agreement does not grant you any intellectual property rights in the Product.

Unpublished rights are reserved.

LIMITED WARRENTY.

IMAGE 100 LTD MAKES NO WARRANTY EITHER EXPRESSED OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR USE OR COMPATABILITY WITH ANY COMPUTER OR OTHER KIND OF EQUIPMENT.

NEITHER IMAGE 100 LTD, OR ANY OF ITS TRUSTEES, AGENTS, EMPLOYEES, REPRESENTATIVES OR ASSOCIATES SHALL BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THIS DISC OR ANY IMAGE OR IMAGES ON THIS DISC. YOU MAY HAVE ADDITIONAL RIGHTS IN SOME US STATES OR COUNTRIES.

Image 100 Ltd. warrants, agrees and undertakes with the Licensee that:

To the best of the knowledge of Image 100 Ltd, the photographic works the subject matter of this Agreement are not defamatory, obscene or immoral, and do not infringe any rights of copyright or other intellectual property or proprietary rights of third parties, but no right of action shall accrue against Image 100 Ltd in the event of the said photographic works being deemed or found to be defamatory, obscene or immoral or an infringement of third party rights.

 Image 100 Ltd. warrants that all permissions and consents required in relation to the exploitation of persons and individuals featured in the said photographic works have been obtained but that this permission expressly and exclusively relates only to activities and uses permitted by the terms of this Agreement as outlined above. Furthermore, no claim or action of any sort can arise against Image 100 Ltd. in this Agreement for the use of these images and no liability can attach to Image 100 Ltd. for any acts, omissions or failures on the part of the Licensee to comply with the terms of this Agreement.

Determination

It shall constitute repudiation by the Licensee of its obligations under this Agreement if:

The Licensee is in breach of any other term of this Agreement.

GOVERNING LAW AND GENERAL PROVISIONS

This agreement will be governed by the laws in force in England and Wales excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the images or any software will not be shipped, transferred or exported into any country or used in any manner prohibited by export administration legislation or any other export laws, restrictions or regulations. This agreement shall automatically terminate upon failure by you to comply with its terms.

©1999 Image 100 Ltd. All Rights Reserved.