PhotoDisc(r) Image License Agreement - Product Basic THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PHOTODISC, INC. ("PhotoDisc"). READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU USE ANY IMAGE AND/OR SOFTWARE. BY CLICKING THE "I AGREE" ICON AND USING ANY IMAGE AND/OR SOFTWARE FROM THIS DISC, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, CLICK ON THE "I DO NOT AGREE" ICON ON 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 each PhotoDisc image and any deriva tives or copies (collectively, the "Image"), on your personal computer. The Images, Software and disc may be shared by creating a disc library, image storage jukebox, network configuration or similar arrangement as long as no more than 10 individuals (including yourself) employed by the same entity have access to the Images, Software or disc. (Please note that this is not a simultaneous user license, which means that you may not have more than 10 specific people access the Image, Software or disc even if only 10 people are accessing them at any particular time.) Each Image 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 in web page design) and in BROADCASTS; (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. Except as specifically provided in this agreement, no Image, Software or disc may be shared or copied. Pornographic, defamatory, libelous or otherwise unlawful use of an Image is prohibited. No Image may be sublicensed, resold or otherwise made available for use or distribution separately or detached from a product or web page. For example, an Image 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 web site users. Similarly, clients may be provided with copies of an Image (including digital files) as an integral part of work product, but may not be provided with an Image or permitted to use an Image separately. The Software may be used only in conjunction with the Images. One copy of each Image and the Software may be made for backup purposes only but may only be used if the original Image or Software becomes defective, destroyed or otherwise irretrievably lost. If you would like to share an Image, Software or the disc with greater than 10 people (including yourself), please contact PhotoDisc at license@photodisc.com, 1-800-528-3472 (U.S.A) or 206-441-9355. WARRANTY PhotoDisc warrants the Images, 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 Image, Software or disc 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 contained on this disc. All rights to the Images, Software and disc 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 Images, 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 Images 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 Images, Software and disc without keeping or storing any copy, (ii) do not to utilize any 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 fail to comply with any provision of this agreement. Upon termination, you and your employer must immediately (i) stop using the Images, Software and disc, (ii) return the Images, Software and disc and all copies of it to PhotoDisc, and (iii) delete any Image, Software and all copies from all magnetic media and destroy all other copies, or upon request of PhotoDisc, return all such copies to PhotoDisc. Use of each Image and the 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 elect to replace the Image with an alternate Image. Upon notice of any discontinuance of a license for a particular Image, you, your employer and your client, if applicable, agree not to use the Image in the future. The Images, Software and disc are "Restricted Computer Software" and when provided to, for or used on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), are provided with Restricted Rights. Use, duplication, and disclosure by the U.S. Government is subject to restrictions as set forth under the United States copyright laws, 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.