Royalty-Free means the purchaser can use the
images for uses not prohibited in the license
without further fee.
America
the Beautiful Photos ROYALTY-FREE License Agreement
YOUR ACCEPTANCE OF THESE TERMS IS AN
ABSOLUTE CONDITION OF YOUR USE OF OUR IMAGES.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS
CAREFULLY.
1. LICENSE
a) Copyright and Use:
This License Agreement governs your use of
America the Beautiful Photos Royalty-Free Image(s) ("the
Image(s)"), provided by America the
Beautiful Photos licenses to the original purchaser
only, the use of the Image(s) only as provided
below on a non-exclusive and non-transferable
basis. All other rights to the Image(s),
CD-ROM, including without limitation, copyright
and all other rights, are retained by either the
Consignment Photographer or America the
Beautiful Photos. Non-compliance
with this license shall give America the
Beautiful Photos
and the consignment photographer the right to sue for
copyright infringement and breach of contract
(damages of $100,000 is the typical amount
sought).
b) Permitted Uses.
You are allowed to:
(i) Back-up, or archive the Image(s) as
necessary for internal use only. Any copy or
archive you make must include the Image's
copyright information so others know it is
copyright protected.
(ii) Use the Image(s) in electronic or print
media, including editorial and advertising use,
and consumer merchandise.
(iii) Use the Image(s) for any items for resale,
such as book covers and consumer merchandise
packaging, provided these products are not
intended to allow the re-distribution of the
Image(s) themselves, such as a CD of the images,
or to sell as image collections such as screen
saver programs or photographic books.
(iv) Convey to a third party (such as a printer)
in the normal course of workflow, temporary
copies of the Image(s) that are integral to your
work and without temporary transfer the product
could not be completed.
(v) Modify or alter the Image(s) as necessary
for your use, as allowed for elsewhere in these
terms and conditions, provided that the rights
to any derivative work shall also belong to
America the Beautiful Photos, which work is also bound by
these terms and conditions. All copyrights with
respect to such derivative work are assigned to
America the Beautiful Photos, which assignment the parties
hereby agree is valid with respect to U.S.
Copyright Law. If requested by America the
Beautiful Photos,
you agree to execute a written assignment of any
such copyrights with respect to such derivative
work.
c) Prohibited Uses:
You are not allowed to:
(i) Transfer the rights to the Image(s), except
as specifically provided for elsewhere in this
Agreement. All other rights are reserved by the
Consigment Photographer and/or America the
Beautiful Photos.
(ii) Reverse engineer, decompile, or disassemble
any part of the Image(s), or CD-ROM, subject to
applicable law.
(iii) Copy or reproduce the Image(s), or CD-ROM,
except as specifically provided for in paragraph
1(b).
(iv) Remove any copyright or trademark from any
place where it appears on the Image(s) or its
accompanying materials.
(v) Display the Image(s) in any digital format
or for any digital use at a resolution greater
than 800x600 pixels, except in editorial or
preliminary design work. Doing so will be
viewed as an attempt to distribute the Image(s)
in violation of this Agreement.
(vi) Use the Image(s) or any part of it as part
of a trademark, branding, logo or similar use.
The Csonsigment Photographer and/or America
the Beautiful Photos retain
the full rights to the Image(s); you have no
permanent rights in conjunction with the image(s).
(vii) Re-sell, distribute or sub-license the
Image(s), CD-ROM (if applicable), or the rights
to use the Image(s) to anyone for any purpose,
except as specifically provided for elsewhere in
this agreement. This includes temporary and
permanent distribution by you, the purchaser.
(viii) Use the Image(s) in any way that could be
considered defamatory, libelous, pornographic,
obscene, or fraudulent.
d) Restrictions on number of Users:
THIS IS A ONE PERSON AGREEMENT. You, the
original purchaser and any directly employed
person(s) are permitted to use the Image(s) on
your projects. THIS IS NOT A SIMULTANEOUS USE
LICENSE. You may not allow more than one
designated person, whether employees or
contractors, access to or use of the Image(s) at
the same time. You may not use the Image(s) on
a server or create any other image library that
permits access to multiple people.
Additional Seat Licenses are available for more
than one permitted user at a discounted price.
To obtain additional seat licenses please
contact America the Beautiful Photos.
e) Additional Rights:
If you would like to discuss the acquisition of
further rights than are provided for under this
Agreement, please contact America the
Beautiful Photos
concerning a separate license or purchase of
rights.
2. PAYMENT TERMS
No rights are granted until payment is made in
full. And claims for adjustment of terms must
be made to America the Beautiful Photos within seven (7) days
of the receipt of the product. Prices can be
found on America the Beautiful Photo's Web site or by
contacting America the Beautiful Photos. You agree to pay and
be responsible for any and all sales taxes, use
taxes, value added taxes and duties imposed by
any jurisdiction as a result of license granted
to you, or of your use of the Image(s), pursuant
to this Agreement.
3. TERMS AND PHOTO CREDIT
This License is effective until it is
terminated. The license terminates if at any
time you fail to comply with the terms of this
Agreement. If this happens, you hereby agree to
destroy all copies and archives of the Image(s),
to cease using the Image(s) for any purpose, and
to confirm to America the Beautiful Photos in writing that you
have complied with these requirements.
America the Beautiful Photos requests the phrase © (and
photographers name), if supplied to you,
appear adjacent to the Image or on a credit page
in your work. If not made available to you it
should read © AmericatheBeautifulPhotos.com
4. LIMITED WARRANTY
America the Beautiful Photos represents that it has the right
to enter into this Agreement and has the right
to grant this license under these terms.
America the Beautiful Photos warrants that the Image(s) and/or
CD-ROM (if applicable) will be free from defects
in materials and workmanship under normal use
for a period of 30 days from the date you
receive it.
EXCEPT AS PROVIDED ABOVE, THE IMAGE(S), CD-ROM
AND ACCOMPANYING MATERIALS (IF APPLICABLE) ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. AMERICA THE BEAUTIFUL PHOTOS DOES NOT
WARRANT THAT THE IMAGE(S) WILL MEET YOUR
REQUIREMENTS OR THAT ITS USE WILL BE
UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE IMAGE(S)
IS WITH YOU. SHOULD THE IMAGE(S) PROVE
DEFECTIVE, YOU (AND NOT AMERICA THE BEAUTIFUL
PHOTOS OR ANY
AUTHORIZED PERSONNEL OF AMERICA THE BEAUTIFUL
PHOTOS ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
5. LIMITATION OF REMEDIES
a) Replacement or Refund:
America the Beautiful Photo's entire liability and your
exclusive remedy, with respect to any claims
arising out of your use of the Image(s) or
CD-ROMs (if applicable), or out of your actions
in receiving the Image(s), shall be as
follows:
E-mailed Images: You may be permitted to
download the Image(s) again, at a location
America the Beautiful Photos will provide for you. If you
continue to be unable to be e-mailed the Image(s),
America the Beautiful Photos will refund your money, provided
America the Beautiful Photos determines in its sole and
absolute discretion that you have been unable to
be e-mailed the Image(s) successfully.
CD-ROMs: As provided for in the warranty above,
you can receive a replacement CD-ROM by
returning the CD-ROM and a copy of your receipt
to America the Beautiful Photos, or to a distributor
authorized by America the Beautiful Photos. If
America the Beautiful Photos
or its authorized distributor is unable to
provide you with a replacement CD-ROM which is
free from defects in materials or workmanship,
you may terminate this Agreement by returning
the CD-ROM and America the Beautiful Photos will refund your
money.
b) No Monetary Damages:
Under no circumstances whatsoever will
America the Beautiful Photos be liable to you for any damages,
including any lost profits, lost savings, or
other incidental or consequential damages
arising out of the use or inability to use the Image(s) even if
America the Beautiful Photos or a distributor
authorized by America the Beautiful Photos
has been advised of
the possibility of such damages, or for any
claim by any other party.
6. INDEMNIFICATION
You agree to indemnify and hold America the Beautiful Photos
harmless against all claims or liability
asserted against America the Beautiful Photos arising out of
or in connection with any breach of any of the
terms of this Agreement.
7. GENERAL
a) Uniform Commercial Code:
You agree that this Agreement is subject to
Article 2 of the Uniform Commercial Code and
agree to be bound by same.
b) Governing Law:
You agree that the Image(s) will not be shipped,
transferred or exported into any country or used
in any manner prohibited by the United States
Export Administration Act or any other export
laws, restrictions or regulations. You, the
user, shall at your own expense promptly obtain
and arrange for the maintenance of all non-USA
government approvals, if any, and comply with
all laws and regulations as may be necessary,
for company’s performance under this
Agreement. This Agreement will not be governed
by the United Nations Convention on Contracts
for the International Sale of Goods, the
application of which is expressly excluded.
c) Enforceability:
If any provision of this Agreement is held to be
not enforceable, such provision shall be
reformed only to the extent to make it
enforceable.
8. ARBITRATION
A material part of this contract is the
Agreement to arbitrate. Any and all disputes
arising out of, under or in connection with this
Agreement, with the exception of copyright
claims, including without limitation, its
validity, interpretation, performance and
breach, shall be submitted to arbitration in
Denver, Colorado, USA, pursuant to the rules of
the American Arbitration Association in effect
at the time arbitration is demanded. Judgment
upon any award rendered may be entered in the
highest court of the forum, State or Federal,
having jurisdiction. This Agreement, its
validity and effect, shall be interpreted under,
and governed by, the laws of the State of
Colorado, and you agree that the arbitrators
shall award all costs of arbitration, including
legal fees, plus legal rate-of-interest to the
successful party.
9. LEGAL FEES AND JURISDICTION
If America the Beautiful Photos is obligated to go to court,
rather than arbitration, to enforce any of its
rights, or to collect any fees, you agree to
reimburse America the Beautiful Photos for its legal fees,
costs and disbursements if America the
Beautiful Photos is
successful. You agree that the Superior Court
of Colorado is the agreed and appropriate forum
for any such suit, and consent to service of
process by registered mail or overnight courier
with proof of delivery.
10. ENTIRE CONTRACT
You acknowledge that you have read this entire
agreement, understand what you are agreeing to,
and are bound by all the terms and conditions in
it. You also agree that it is the complete and
sole agreement between America the Beautiful
Photos and
yourself, the end user, written and oral. Any
other communication between yourself and
America the Beautiful Photos employees does not supersede this
document. Any information provided on the web
site or in written or verbal form shall not be
construed as part of this agreement or an
amendment thereto.
