ATTENTION: THIS IS A LICENSE, NOT A SALE. THE PRODUCT
IS PROVIDED UNDER THE FOLLOWING LICENSE WHICH DEFINES WHAT YOU
MAY DO WITH THIS PRODUCT AND CONTAINS LIMITATIONS ON WARRANTIES
AND/OR REMEDIES.
LICENSE
A. LICENSE: eMatrix Inc. ("we" or
"us" or "SOLOBIS") grants you a non-exclusive,
non-transferrable license to use, reproduce, modify, publish,
display and distribute the digitized image(s) (the "Image(s)")
in accordance with the terms of this license ("License").
For the purposes of this License "you" means an individual
or a legal entity exercising rights under, and complying with
all of the terms of, this License.
B. PROPRIETARY RIGHTS: The copyright and all
other rights in the Image(s) shall remain with us or our suppliers.
C. YOU MAY, subject to any restrictions set
out below:
1. incorporate any Image(s) into your own original work and publish,
display and distribute your work in any media. You may not, however,
resell, sublicense or otherwise make available the Image(s) for
use or distribution separately or detached from a product or web
page. For example, the Image(s) may be used as 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 others. Similarly, clients may be provided with copies of the
Image(s) (including digital files) as an integral part of a work
product, but may not be provided with the Image(s) or permitted
to use the Image(s) separately or as part of any other product;
2. make one (1) copy of the Image(s) for backup or archival purposes.
D. YOU MAY NOT
1. create scandalous, obscene, defamatory or immoral works using
the Image(s) nor use the Image(s) for any other purpose which
is prohibited by law;
2. use or permit the use of the Image(s) or any part thereof as
a trademark or service mark, or claim any proprietary rights of
any sort in the Image(s) or any part thereof;
3. use the Image(s) in electronic format, on-line or in multimedia
applications unless all of the Image(s) are incorporated for viewing
purposes only and no permission is given to download and/or save
the Image(s) for any reason
4. rent, lease, sublicense or lend the Image(s), or a copy thereof,
to another person or legal entity. You may, however, transfer
all your license to use the Image(s) to another person or legal
entity, provided that
(i) you transfer the Image(s) and this License, including all
copies (except copies incorporated into your work product as permitted
under this License), to such person or entity,
(ii) that you retain no copies, including copies stored on a computer
or other storage device, and
(iii) the receiving party agrees to be bound by the terms and
conditions of this License; or
5. use any Image(s) except as expressly permitted by this License.
Government Crests, Seals and other Insignia
The national and municipal insignia that may be seen on this
site are protected by various laws against misuse. Generally speaking,
all logos, insignia, patches, seals, flags and coats of arms are
for official use only. It is your responsibility to obey all national
and international laws regulating display of the insignia, seals,
flags and coats of arms contained herein.
E. TERM: This License shall continue for as
long as you are in compliance with the terms and conditions of
this agreement. This license will terminate immediately if you
fail to comply with any of its terms or conditions. You agree,
upon termination, to destroy all copies of the Image(s). The Limitations
of Warranties and Liability set out below shall continue in force
even after any termination.
F. LIMITATIONS OF WARRANTIES AND LIABILITY:
THE IMAGES ARE PROVIDED AND LICENSED BY SOLOBIS ON AN "AS
IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE
QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THOSE ARISING BY LAW,
STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE
RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED
BY YOU. NEITHER SOLOBIS NOR ITS DEALERS OR SUPPLIERS SHALL HAVE
ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING,
BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED
DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF SOLOBIS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE.
SOLOBIS IS ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. THE
LIMITATIONS SET FORTH HEREIN SHALL APPLY WHETHER OR NOT THE ALLEGED
BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM
OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
G. U.S. Government Rights: With respect to any
acquisition of the Image(s) by or for any unit or agency of the
United States Government (the "Government"), the Image(s)
shall be classified as "commercial computer software"
as that term is defined in the applicable provisions of the Federal
Acquisition Regulation (the "FAR") and supplements thereto,
including the Department of Defense (DoD) FAR Supplement (the
"DFARS"). The Image(s) was/were developed entirely at
private expense, and no part of the Image(s) was/were first produced
in the performance of a Government contract. If the Image(s) is/are
supplied for use by the DoD, the Image(s) is/are delivered subject
to the terms of this Agreement and either (i) in accordance with
DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted
rights in accordance with DFARS 252-227-7013 (c)(1)(ii)(OCT 1988),
as applicable. If the Image(s) is/are supplied for use by a Federal
agency other than the DoD, the Image(s) is/are restricted computer
software delivered subject to the terms of this Agreement and
(i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii) FAR 52.227-14(ALT
III), as applicable.
H. ELIGIBILITY: To be eligible to purchase a
license for the Image(s) you must be in compliance with applicable
export laws. By downloading the Image(s) you are representing
and warranting to SOLOBIS that you are compliant with the following
statements: (i) you are not a citizen, national or resident of,
and are not under the control of, the government of : Cuba, Iran,
Iraq, Libya, North Korea, Serbia, Sudan, Syria, Taliban-controlled
areas of Afghanistan, nor any other country to which the United
States has prohibited export; (ii) you will not download or otherwise
export or re-export the Image(s), directly or indirectly, to the
countries mentioned in clause (i) nor to citizens, nationals or
residents of those countries; (iii) you are not listed in the
United States Department of Treasury lists of Specially Designated
Nationals, Specially Designated Terrorists, or Specially Designated
Narcotic Traffickers, nor are you listed on the United States
Department of Commerce Table of Denial Orders; (iv) you will not
download or otherwise export or re-export the Image(s), directly
or indirectly, to persons on the lists mentioned in clause (iii);
and (v) you will not use the Image(s) for, and will not allow
the Image(s) to be used for, any purposes prohibited by United
States law, including, without limitation, for the development,
design, manufacture or production of nuclear, chemical or biological
weapons of mass destruction.
If you cannot represent and warrant that you are in compliance
with the above statements, you are not eligible to purchase a
license for the Image(s) and/or download the image(s).
I. GENERAL: This License is the entire agreement
between you and us, superseding any other agreement or discussions,
oral or written, and may not be changed except by a signed agreement.
This License shall be governed by and construed in accordance
with the laws of the U.S.A. and excludes that body of law applicable
to choice of law and excludes the United Nations Convention on
Contracts for the International Sale of Goods and any legislation
implementing such Convention, if otherwise applicable. You hereby
consent and attorn to the jurisdiction of the courts of such province.
If any provision of this License is declared by a Court of competent
jurisdiction to be invalid, illegal, or unenforceable, such a
provision shall be severed from the License and the other provisions
shall remain in full force and effect. The parties have requested
that this Agreement and all documents contemplated hereby be drawn
up in English. Les parties aux présentes ont exigé
que cette entente et tous autres documents envisagés par
les présentes soient rédigés en anglais.
GUIDELINES FOR THE USE OF CLIPART, PHOTO OBJECTS AND PHOTOGRAPHIC
IMAGES
This product contain numerous clipart and photo images (collectively
referred to as the "Images") which are either owned
by! or licensed from a third-party. As a user of this product
you are free to use, modify and publish the Images as you wish
subject to the restrictions set out below. If you are uncertain
as to whether your intended use is in compliance with the Guidelines
set out below, we recommend that you seek the advice of your own
attorney or legal counsel. ! will not provide you with an opinion
as to whether your use is in compliance with these Guidelines.
A. YOU MAY, subject to any restrictions set
out below
1. incorporate any Image(s) into your own original work and publish,
display and distribute your work in any media. You may not, however,
resell, sublicense or otherwise make available the Image(s) for
use or distribution separately or detached from a product or web
page. For example, the Image(s) may be used as 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 others. Similarly, clients may be provided with copies of the
Image(s) (including digital files) as an integral part of a work
product, but may not be provided with the Image(s) or permitted
to use the Image(s) separately or as part of any other product;
2. make one (1) copy of the Image(s) for backup or archival purposes.
B. YOU MAY NOT
1. create scandalous, obscene, defamatory or immoral works using
the Image(s) nor use the Image(s) for any other purpose which
is prohibited by law;
2. use or permit the use of the Image(s) or any part thereof
as a trademark or service mark, or claim any proprietary rights
of any sort in the Image(s) or any part thereof;
3. use the Image(s) in electronic format, on-line or in multimedia
applications unless the Image(s) are incorporated for viewing
purposes only and no permission is given to download and/or save
the Image(s) for any reason.
4. rent, lease, sublicense or lend the Image(s), or a copy thereof,
to another person or legal entity. You may, however, transfer
all your license to use the Image(s) to another person or legal
entity, provided that
(i) you transfer the Image(s) and this License, including all
copies (except copies incorporated into your work product as permitted
under this License), to such person or entity,
(ii) that you retain no copies, including copies stored on a
computer or other storage device, and
(iii) the receiving party agrees to be bound by the terms and
conditions of this License;
5. use any Image(s) except as expressly permitted by this License.
6. use the Image(s) related to identifiable individuals, products
or entities in a manner which suggests their association with
or endorsement of any product or service unless you clearly print
a statement which indicates that in the case of an individual
or recognizable product, the person/product is used for illustrative
purposes only.