END USER LICENSE AGREEMENT PhotoDisc Product License
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PHOTODISC, INC ("PhotoDisc"). BY OPENING THIS PACKAGE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
GRANT OF LICENSE
PhotoDisc grants you a personal, nontransferable, nonexclusive right to copy the PhotoDisc images on this disc onto your computer hard drive and to use the PhotoDisc images and any derivatives or copies (collectively, the "Images") on one computer and with one user at a time. The Images may be (i) copied, modified and incorporated in materials for PERSONAL, INTERNAL COMPANY and TEST or SAMPLE use, including COMPS (i.e., rough or draft layouts for client review) and BROWSING, (ii) copied, modified and incorporated in ADVERTISING and PROMOTIONAL MATERIALS, (iii) used in up to 10,000 copies, in the aggregate, of any MULTIMEDIA PRODUCT or products, in any ON-LINE or other ELECTRONIC DISTRIBUTION SYSTEM and in BROADCASTS as long as they are not used in FTP file form and the phrase "image Copyright ⌐ 1996 PhotoDisc, Inc." appears on or immediately adjacent to the Images used (or if the Images used appear in a size of less than 2" by 2" or in broadcast form, such credit must appear in an obvious credits page or screen). The Images may not be sold or sublicensed alone or, except as provided above, as part of any product. Except as specifically provided above, you may not copy this disc. Pornographic, defamatory, libelous or otherwise unlawful use of the Images is prohibited.
ADDITIONAL RIGHTS AVAILABLE
If you are unsure of your rights under this agreement or would like to use an image on a product for resale, please contact PhotoDisc at 206-441-9355, or at license@photodisc.com for more information.
WARRANTIES
PhotoDisc warrants this disc to be free from defects in material and workmanship for 90 days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of the 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 FOR ANY GENERAL,
SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES ARISING OUT OF THE LICENSE OF THE IMAGES.
GENERAL
All rights to this disc and the Images are owned by PhotoDisc and 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. This disc is licensed only to you and may not be transferred without the prior written consent of PhotoDisc. The license contained in this agreement will terminate automatically without notice from PhotoDisc if you fail to comply with any provision of this agreement. Upon termination, you must immediately (i) stop using the disc and the Images, (ii) return the disc and all copies of it to PhotoDisc, and (iii) delete the Images and all copies from all magnetic media and destroy all other copies of the Images, or upon request of PhotoDisc, return all such copies to PhotoDisc. Your use of the Images 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. Use, duplication or disclosure of the disc and the Images by the United States is subject to "Restricted Rights,"
as that term is defined in the Department of Defense Supplement to the Federal Acquisition Regulations ("FAR"), and to paragraph 52.227-19(c)(2) of the FAR.
