Fill and Sign the End User Form

End User License Agreement for Royalty Free Images The following is a License Agreement between you and _____________________ , a corporation organized and existing under the laws of the state of ______________, with its principal office located at _________________________________ (street address, city, county, state, zip code) , referred to herein as ___________________. BEFORE YOU MAY ACCESS OR LICENSE ____________ ARTWORK, IMAGES ILLUSTRATIONS, PHOTOGRAPHS, AND OTHER IMAGES (HEREAFTER, __________ COLLECTIONS ), YOU MUST AGREE TO ALL OF THE FOLLOWING TERMS AND CONDITIONS. Your acceptance of these terms is evidenced by your accessing, using, and/or browsing this website and the click-on of I Agree at the end of this License Agreement. If you do not agree with these terms please do not continue to use this site. I. I agree to read these terms and conditions of use carefully before viewing, accessing, and using the ______________ Collections , and I will accept the terms as stated. If I do not agree to these terms and conditions of use, I will not view, access or otherwise use the _____________ Collections. I represent that I am authorized to bind the organization or business that receives and will use the image(s). II. _____________ Images reserves the right, at its sole discretion, to change, modify, add, or remove any portion of this agreement, in whole or in part, at any time. By using this website I agree to be bound by any such revisions and will therefore periodically visit this site or contact _______________ Images to determine the then-current terms of this License Agreement. III. I recognize that each individual image has been selected for inclusion in the __________ Collections based upon their iconic quality after significant effort and artistic and original processes and the unique selection and arrangement employed by ___________ Images to create the ________________ Collections . The _________________ Collections are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All materials in the _________________ Collections are protected by copyright, and are owned or controlled by _______________ Images or the party credited as the provider of the content. I will abide by any and all additional copyright notices, information, or restrictions contained on any website or catalog in which _______________ Collections may appear, or on any images from the ________________ Collections, which I purchase or download. When I obtain an image from the _______________ Collections , I agree to maintain all copyright and other notices contained in such content. The _____________ Collections are further protected as a proprietary collection that is the result of the unique selection and arrangement of images. All of these images have been included by _________ Images since they share a similar aesthetic and iconic appeal recognized by _________ Images and provide a unifying visual theme. All of the images in the ____________ Collections are therefore protected by copyright, license, or both. IV. ___________ Images may change, suspend, or discontinue any aspect of the __________ Collections at any time. _____________ Images may also impose limits on certain features and services or restrict access to parts or all of the _____________ Collections without notice or liability. V. ______________ Images and its subsidiaries and affiliates and resellers do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through any website or catalog in which _______________ Collections may appear. I hereby acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at my sole risk. _____________ Images reserves the right, at its sole discretion, to correct any errors or omissions on any website or catalog in which __________ Collections may appear. VI. I agree to indemnify __________ Images , its subsidiaries and affiliates and resellers for any losses, costs, expenses or damage of any kind arising out of my breach of this License Agreement or your unauthorized use of any of the content herein, including from: A. The use of any images in breach of this License Agreement and relevant order form. B. Use of any images otherwise than in accordance with the use and reproduction rights granted to the Licensee. C. The unauthorized use by any third party to which the Licensee may have supplied any image provided by ____________ Images or its resellers. VII. Limitation of Liability. IN NO EVENT SHALL ______________ IMAGES NOR ITS RESELLERS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES FOR ANY BREACH OF ITS OBLIGATIONS OR WARRANTIES, EXPRESS OR IMPLIED RESULTING FROM THIS AGREEMENT (INCLUDING LOSS OF PROFITS OR BUSINESS, LOST OPPORTUNITY OR LOSS OF BUSINESS REPUTATION), EVEN IF ____________ IMAGES OR ITS RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. _______________ IMAGES AND ITS RESELLER'S ENTIRE LIABILITY AND YOUR ENTIRE REMEDY FOR ANY DAMAGES OR LOSS YOU MAY SUFFER FROM ANY CAUSE WHATSOEVER, WHETHER THE ACTION IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO _____________ IMAGES OR ITS RESELLER FOR THE PRODUCT. YOU ACKNOWLEDGE THAT _____________ IMAGES ’ PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED IN THIS AGREEMENT. THE ___________ COLLECTIONS AS THEY MAY APPEAR OR BE OFFERED FOR LICENSE ON ANY WEBSITE OR CATALOG INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE, ARE PROVIDED AS IS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ____________ IMAGES AND ITS SUBSIDIARIES AND AFFILIATES AND RESELLERS MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT IN THE __________ COLLECTIONS MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH ANY WEBSITE ON WHICH _______________ COLLECTIONS MAY APPEAR, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH ANY WEBSITE ON WHICH _____________ COLLECTIONS MAY APPEAR OR ANY LINK SITE. FURTHER, _____________ IMAGES AND ITS SUBSIDIARIES AND AFFILIATES AND RESELLERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. __________ IMAGES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON ANY WEBSITE ON WHICH __________ COLLECTIONS MAY APPEAR OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT ANY WEBSITE ON WHICH _______________ COLLECTIONS MAY APPEAR OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ____________ IMAGES AND ITS SUBSIDIARIES AND AFFILIATES AND RESELLERS SHALL NOT BE LIABLE FOR THE USE OF ANY WEBSITE ON WHICH _____________ COLLECTIONS MAY APPEAR, INCLUDING WITHOUT LIMITATION, THE CONTENT AND THE ERRORS CONTAINED THEREIN. VIII. I acknowledge that transmission to and from any website on which ___________ Collections may appear is not confidential and my communications may be read or intercepted by others. I acknowledge that by submitting communications to any website on which __________ Collections may appear, no confidential, fiduciary, contractually implied or other relationship is created between myself and ________ Images and its subsidiaries and affiliates and resellers other than pursuant to this Agreement. IX. This Agreement shall be governed by and construed in accordance with the laws of the state of ____________, without regard to conflict of laws provisions. Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. This Agreement constitutes the entire agreement between ____________ Images and myself with respect to my use of the _____________ Collections. X. _____________ Images , its subsidiaries and affiliates and resellers disclaim any and all responsibility for content contained in the third party materials provided on and through links from any website on which _____________ Collections may appear. No agency, partnership, joint venture, employee-employer or franchise or franchisee is intended or created by this Agreement. XI. From time to time, ______________ Images may add, modify, or discontinue certain images offered or services available relating to the ______________ Collections. _____________ Images may modify, suspend, or terminate this Agreement at any time for any reason without prior notice. XII. Any dealings with vendors, advertisers, or other third parties on any website on which ________________ Collections may appear, or participation in any promotions, including the payment of goods and services, and any other terms, conditions, warranties or representations associated with such deals, are solely between me and such third party. ___________ Images and its subsidiaries and affiliates and resellers shall not be responsible or liable for any such transaction. XIII. __________ IMAGES AND ITS SUBSIDIARIES AND AFFILIATES AND RESELLERS WILL NOT BE RESPONSIBLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR LOSSES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ________________ COLLECTIONS OR USE OF ANY IMAGES OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON ANY WEBSITE ON WHICH _________________ COLLECTIONS MAY APPEAR, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF _______________ IMAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THIS LIMITATION OR EXCLUSION MAY NOT APPLY. I UNDERSTAND THAT IF I BECOME DISSATISFIED WITH ANY PORTION OF THE SERVICE PROVIDED THROUGH ANY WEBSITE ON WHICH _______________ COLLECTIONS MAY APPEAR, MY SOLE AND EXCLUSIVE REMEDY WILL BE TO DISCONTINUE MY USE OF THAT WEBSITE AND THE ______________ COLLECTIONS IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. XIV. _____________ Collections con sists of copyrighted collections containing specific copyrighted images, protected under the United States Copyright Laws and International Copyright Conventions. Regardless of any fees paid for the license of images from ___________ Collections, images from _____________ Collections may not be licensed for use outside of North America without acquiring specific written permission from ____________ Images for each and every use. At the sole discretion of ____________ Images , images in ___________ Collections may be discontinued or may be replaced with an alternative and an existing license for images may be cancelled for any reason at any time without prior notice, and the rights that may be granted to use the images may be revoked. Upon notice of any discontinuance of a license for a particular image, I agree that I will cease to use the image after I have received notice of discontinuance from _________ Images . I understand that the business of __________ Images depends upon the enforcement of this License Agreement and the payment of fees for use of these images and acknowledge that the continued unauthorized use of these images will severely affect the ability of __________ Images to conduct business. For this reason in the event that I use any image without authorization or beyond the scope of the license granted, I agree to pay _____________ Images a minimum fee equal to twenty times (e.g., 20x) the normal ___________ Images license fee per image for each project in which the image is used plus a __________ (e.g., ten) percent royalty on gross retail sales revenue if the image is used on product for sale. The above fees are in the form of minimum liquidated damages and are not considered a penalty of any kind. In addition to these fees, I further agree that in the event of my unauthorized use of an image, I agree to pay all legal fees and expenses incurred by ___________ Images in the recovery of these liquidated damages. XV. Specific License Agreement for License Agreement for _______________ Images Royalty Free Single Images. A. The right to use ______________ royalty free images is conditioned upon acceptance and agreement to be bound by all of the following terms and conditions for use. If I do not accept and agree to be bound by all of the terms and conditions for use, I may not use ____________ royalty free images for any purpose. An individual or company purchasing _____________ royalty free images for use on projects for themselves or their clients hereinafter shall be referred to as Licensee. If ______________ royalty free images are purchased on behalf of a company, this License may extend to _____specific people who are employees of the company on the date this product is purchased. B. ____________ royalty free images may be used for most smaller projects under _______ quantity (print run, circulation, or impressions). An extended license must be purchased for all larger applications and all categories listed below: (Describe)______________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ ___ C. CSA royalty free images may not be used on the following regardless of quantity: (Describe)_________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ __ D. Images may be cropped, resized and elements of the image may be diminished or removed. Images may not be used as reference or as a basis to create a different image or derivative image, and logos and trademarks may not be applied to any image. I may not claim copyright or trademark in any altered image. The image copyright shall always remain with ______________ Images. E. I agree not to provide to an independent illustrator or photographer any ____________ Images to use as reference or for the style or approach to create a new image. F. These images may not be used in any application, which is or relates to a pornographic, libelous, or infringing use. These images may not be redistributed, syndicated, resold, sublicensed, or placed online in an FTP or downloadable format or used in an electronic template. These images may not be used by any person or entity other than the Licensee for projects for the Licensee or the Licensee's clients. Since these images are licensed on a nonexclusive basis, they may not be used in any logo, trademark, or service mark application. G. ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. H. ____________ IMAGES AND ITS SUBSIDIARIES AND AFFILIATES AND RESELLERS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES ARISING OUT OF THE USE OF THESE IMAGES. ____________ Images reserves the right to decline a license or to revoke a license of these images to any Licensee for any reason at __________ Images’ sole discretion. I. Regardless of fees paid for the license of ___________ royalty free images, ____________ royalty free images may not be licensed for use outside of North America without acquiring specific written permission from ____________ Images for each and every use. At the sole discretion of __________ Images , images contained in __________ royalty free collections may be discontinued or be replaced with an alternative at any time without prior notice and any rights granted to use these images may be revoked, and I, my employer, and/or my client if applicable, agree not to use these images in the future. Upon notice of any discontinuance of a license for a particular image or collection, I shall be entitled to monetary compensation equal to the full amount paid for the ___________ royalty free image only if I have used the image(s) for less than 30 days. This refund is the sole and exclusive remedy for such discontinuance. XVI. Your acceptance of these terms is evidenced by your accessing, using, and/or browsing this website and the click-on of I Agree at the end of this License Agreement. If you do not agree with these terms please do not continue to use this site. [ ] I Agree