Like you, we at PhotoSphere are creative professionals and our first concern is having access to top-quality images for our layouts. But our lawyers tell us that we have to ask you to PLEASE READ THE ENCLOSED LICENSE AGREEMENT FOR PHOTOSPHERE BEFORE USING THE COMPACT DISC COLLECTION on this MACINTOSH BIBLE CDROM.
BY USING THE PHOTOSPHERE 10 IMAGES SUPPLIED ON THE MACINTOSH BIBLE COMPACT DISC, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT AND AGREE TO ITS TERMS. Carefully read this agreement before using the image collection.
The following legal agreement is between you and PhotoSphere Software (“PhotoSphere”).
All of the material in this PhotoSphere folder is proprietary to PhotoSphere. The copyright and all other rights in the image collection shall remain with PhotoSphere.
By this Agreement, PhotoSphere grants to you the non-exclusive, non-transferable, right to use the digital images in this folder (the “Images”) in non-digital form in:
1. editorial and advertising print materials, including advertising brochures, reports, newsletters, and lithographed display material; and
2. multimedia or slide presentations that are not for resale or duplication.
What this means is that you may “charge” your client for a PhotoSphere image only when it has been reproduced as a “separation” or “printed” piece or is in a layout ready for reproduction. You may use PhotoSphere images in multimedia or slide show presentations that you produce “one of one” for a client. And obviously you may use PhotoSphere Images for more than one of your projects. But PLEASE READ THE ENCLOSED LICENSE AGREEMENT FOR PHOTOSPHERE BEFORE USING THE COMPACT DISC COLLECTION.
Additional usage rights are at the sole discretion of PhotoSphere, who may be contacted at 1-800-665-1496.
You may not:
1. except as stated above, copy in any form the Images;
2. place the Images on an electronic bulletin board or other on-line service;
3. distribute, transfer or sell the Images in digital form or otherwise, or the Images in any other digital image collection or library;
4. produce material in any form where the substantial content or appeal is based on the Images—e.g., books, posters, or art prints;
5. create altered, modified, merged, or manipulated digital images for resale from the Images;
6. produce obscene or immoral material or pornography of any form, or in any way defame any person or business entity using the Images;
7. produce material which implies association or endorsement of any product or service using the Images.
Again we advise you to PLEASE READ THE ENCLOSED LICENSE AGREEMENT FOR PHOTOSPHERE BEFORE USING THE COMPACT DISC COLLECTION. And remember, you agree to indemnify and hold harmless PhotoSphere against any damages or liability of any kind arising from any use of this compact disc and the Images other than the uses authorized in this agreement.
THE IMAGES IN THIS COMPACT DISC COLLECTION ARE PROVIDED “AS IS”. PHOTOSPHERE MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR USE, TYPE OF QUALITY OF IMAGE, OR COMPATIBILITY WITH ANY COMPUTER OR THERE KIND OF EQUIPMENT. THE ENTIRE RISK AS TO RESULTS, PERFORMANCE AND APPEARANCE OF REPRODUCED DIGITAL IMAGES IS ASSUMED BY YOU. NEITHER PHOTOSPHERE NOR ITS EMPLOYEES, DEALERS OR SUPPLIERS SHALL BE LIABLE FOR ANY CLAIMS, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL , INCLUDING BUT NOT LIMITED TO COMMERCIAL OR ECONOMIC LOSS, LOSS OF REVENUE OR PROFIT, AND LOST OR DAMAGED DATA, EVEN IF PHOTOSPHERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM ANY THIRD PARTY. PHOTOSPHERE’S MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF PHOTOSPHERE’S EMPLOYEES, CONTRACTORS, DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THIS DIGITAL IMAGE COLLECTION. THE LIMITATION IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OF THIS AGREEMENT, OR A FUNDAMENTAL BREACH. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
This License is the entire agreement between you and PhotoSphere, supersedes any other agreement or discussion, oral or written, and may not be changed except by a written signed agreement. This License shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada. If any provision of the License is declared by a Court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed from the License and the other provisions shall remain in full force and effect.
