ALLDRIT STUDIOS, INC.
ROYALTY FREE END-USER LICENSE AGREEMENT
This Document is a legal agreement between you the buyer/end-user and Alldrit Studios, Inc. Please read this Agreement carefully before purchasing and using any Royalty Free image (“image”also means picture or Photo) from Alldrit Studios, 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 licence.
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 Alldrit Studios, Inc. All rights not specifically granted to you by this agreement are reserved by Alldrit Studios, 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 rights to use said 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 Alldrit Studios, Inc. Royalty Free 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 no Image is at a resolution greater than 640 by 640 pixels and 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 Alldrit Studios, 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 postcards, calendars, greeting cards, 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 Alldrit Studios, Inc. at 416-239-7697, or by email. You may not place an Image on a 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 Alldrit Studios, Inc. Such use of the Image is prohibited by Alldrit Studios. Wherever possible, Alldrit Studios, Inc. requests that a suitable credit line reading: Photo: © Alldrit Studios, 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. Alldrit Studios, 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 Alldrit Studios, 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 Alldrit Studios, Inc. has been advised of the possibility of such damages. In no event shall Alldrit Studios, 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 Alldrit Studios, 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. Alldrit Studios, Inc. only responsibility and liability under this warranty, and as YOUR SOLE AND EXCLUSIVE REMEDY, Alldrit Studios, 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 Alldrit Studios, Inc.
THE FOREGOING WARRANTY IS IN LIEU OF, AND ALLDRIT STUDIOS, INC. HEREBY DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR ARISING BY LAW, WITH REGARD TO THE IMAGES AND CD-ROMS CONTAINING IMAGES, 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 Alldrit Studios, 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 Alldrit Studios, 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 October 13, 2010
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 416-239-7697 or by email at Alldrit Studios, Inc.
All images, graphics and content of this web site ©2010 Alldrit Studios, Inc.