|
|
PREFERRED ONE INC. END-USER LICENSE AGREEMENT
This Document is a legal agreement between you the buyer/end-user and PREFERRED
ONE INC. Please read this Agreement carefully before purchasing and using any
Royalty Free image (“Image” also means Picture or Photo) from PREFERRED ONE
INC. By purchasing and using an Image or otherwise exercising the rights
granted under this agreement, you agree to be bound by this Agreement. If you
do not wish to accept the terms of this agreement you may decline and forgo any
such purchase of an image.
You will not own the “Image” and this agreement does not grant you intellectual
property rights in the Image. The Images, CD-ROM’s containing images or
graphics, and Web site content are copyrighted and all rights are owned by
PREFERRED ONE INC. All rights not specifically granted to you by this Agreement
are reserved by PREFERRED ONE INC. Your right to use an Image is subject to the
restrictions set forth in this Agreement, and is conditional upon your
successful payment of the purchase price for the Image prior to your use of the
said “Image”, and your compliance with the terms of this End-User License
Agreement.
By purchasing and down loading any Image or image software or requesting any
said image to be delivered via email or on a CD-ROM you agree to be bound by
the terms of this agreement. If you are acting for an employer, the license
granted and the restrictions and limitations included here in shall apply to
your employer and you as a representative of your employer. Should you cease
such employment, your employer will continue to operate under the conditions of
this agreement.
Permitted use of images This Agreement grants you a
non-exclusive, non-transferable right to use and reproduce purchased Images
from PREFERRED ONE INC. in the following, and only the following, ways:
(a) Print Uses: promotional and editorial uses in newspapers, magazines,
reports, books, brochures, catalogues (catalog) and packaging and advertising
materials.
(b) Electronic and Digital Uses: any electronic or digital materials including
screens savers, WEB sites, broadcast video, multimedia including film and
video, and electronic presentations, provided that each Image is incorporated
into a design in such a fashion that it is clearly not intended to be
downloaded or copied.
Restricted use of images
(a) The user and or purchaser of a photographic image from PREFERRED ONE INC.
MAY NOT reproduce an image in any traditional or electronic, photographic
medium for fine art purposes such as usage for display in either a public or
private art gallery or photography gallery or such collection. You may use an
image in brochures, postcards, calendars, greeting cards, and posters when
these items are intended for promotional use only and NOT FOR RESALE.
(b) When an image or CD-ROM containing images is purchased by a company, this
license agreement authorizes up to ten (5) individuals, working as a team, to
use the Image or Images contained on the CD and exercise the rights described
in this agreement. For additional users, please contact PREFERRED ONE INC. at
416-863-0307, or by email at: info@preferredone.ca. You may not place an Image
on computer or other storage device that is accessible via a network, internet
or other connections where more than one user at a time or a THIRD PARTY to
this agreement can access the image
Prohibited use of images (a) The Image or Images may not be
used for pornographic, defamatory, or otherwise unlawful use. Use photographs
of people or goods (property) in a way that it would suggest an association
with a product, brand or trademark The “Image” may not be used as or part of
any Trade Mark, logo or Service Mark. The purchaser/end-user may not claim
ownership of an image or its derivative purchased from PREFERRED ONE INC. Such
use of the Image is prohibited by PREFERRED ONE INC. Wherever possible,
PREFERRED ONE INC. requests that a suitable credit line reading: Photo: ©
PREFERRED ONE INC. be shown adjacent to the image or on a credit page or
screen.
(b)“Non-transferable,” as used in Paragraph 2, means that the work you produce
using an Image must be for your own use, or for the use of your direct
employer, client, or customer, who must be the end-user of your work. You may
not sell, rent, loan, give, sublicense, or otherwise transfer the “Image” to or
give the right to use the said Image, to any unauthorized person (except
insofar as an Image has been incorporated by you into one of the permitted uses
enumerated in "Permitted use of images" of this Agreement), and nothing you
produce shall grant or purport to grant to any third party a right to use or
duplicate an Image. You agree to take all commercially responsible steps to
prevent third parties from duplicating or distributing the Images.
Limitation of Liabilities (a) An Image may only be regarded as
having a model release or property release if the existence of such releases is
noted in the caption information for the respective Image on the Web site.
PREFERRED ONE INC. does not have releases for the trademarks, logos or other
intellectual property of other parties that may be depicted in some Images. The
procuring of such releases is your responsibility.
(b) Neither PREFERRED ONE INC. nor any of its directors, officers, employees,
partners, licensors, or agents shall be liable for any indirect, consequential,
punitive, or incidental damages arising out of the use of, or the inability to
use an image or the CD-ROM containing an Image, even if PREFERRED ONE INC. has
been advised of the possibility of such damages. In no event shall PREFERRED
ONE INC. have liability (whether in tort, contract, or otherwise) arising out
of or relating to your use of the Images or inability to use the CD-ROM or the
Images, exceed the fees paid by you for the said Image or CD-ROM Collection.
Indemnification: You agree to indemnify and hold us (and our
employees, directors, partners and suppliers of images) harmless against any
damage or liability of any kind arising from any use of our images other than
the permitted use described above.
Warranty PREFERRED ONE INC. warrants that for the period of 30
(thirty) days, the CD-ROM image collection or image file will, when properly
used, be capable of performing substantially in accordance with the associated
documentation. PREFERRED ONE INC. only responsibility and liability under this
warranty, and as YOUR SOLE AND EXCLUSIVE REMEDY, PREFERRED ONE INC. shall
either (at its sole option) repair or replace the defective portion of the CD
or refund the amounts paid for the CD, upon the return of the CD-ROM Collection
and all accompanying materials to PREFERRED ONE INC.
THE FOREGOING WARRANTY IS IN LIEU OF, AND PREFERRED ONE INC. HEREBY DISCLAIMS,
ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR ARISING BY LAW, WITH REGARD TO THE
IMAGES AND CD-ROM’S CONTAINING IMAGES, AND INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This
site and its contents, products and services is offered “AS IS” and PREFERRED
ONE INC. will not be liable for any damages of any kind arising from the use of
this site, including, but not limited to direct, indirect, incidental, punitive
and consequential damages. The functions embodied on, or in the materials of,
this web site are not warranted to be uninterrupted or without error. You
assume the entire cost of all necessary servicing, repair or correction due to
your use of this web site
This Agreement shall be governed by the laws of the Province of Ontario,
Canada, except where conflict of laws rules. Venue for any action respecting
this Agreement, an Image, or use or attempted use of a CD-ROM, shall be in the
provincial and federal courts sitting in the Province of Ontario, Canada and
you hereby consent to the jurisdiction of such courts. If any portion of this
agreement is held invalid or unenforceable under any particular circumstance,
the balance of the agreement is intended to apply and the agreement as a whole
is intended to apply in other circumstances. The spirit of this agreement shall
be recognized, upheld, and maintained.
REVISIONS AND MODIFICATIONS TO THE LICENSE AGREEMENT
PREFERRED ONE INC. reserves the right to revise and change the Terms and
Conditions of the License Agreement at any time without prior notice. Your
continued access or use of the web site and/or the images that appear on the
web site after such changes indicates your acceptance of the revised License
Agreement and its conditions. It is your own responsibility to review the
License Agreement regularly. The License Agreement was last updated on
September 26, 2006
Additional rights are available. If you are unsure of your rights under this
agreement, or if you wish to use an image in a manner not permitted under this
agreement, please contact customer service by calling 416-863-0307 or by email
at info@preferredone.ca
|
|
|
|
|