Royalty-Free End-User License Agreement THIS AGREEMENT CONTAINS IMPORTANT TERMS. IF YOU AGREE TO BE BOUND BY THIS AGREEMENT, CLICK "I Accept" AT THE BOTTOM OF THIS AGREEMENT. YOU WILL BE BOUND BY THIS AGREEMENT EVEN IF YOU DO NOT READ ALL THE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THIS PRODUCT. 1. INTRODUCTION This is a legal agreement (the "Agreement") between you (or if purchased on behalf of a company, the company) ("you"), and AMGmedia Works Inc. of 26 -- 2600 Beaverbrook Cr., Burnaby, B.C. Canada V3J 7W6 ("AMGMEDIA") for the use of certain images. By clicking "I accept", you agree to the terms and conditions of this Agreement. If you do not wish to accept these terms and conditions, do not open this Product and return this Product to the place of purchase, together with your proof of purchase, for a full refund. 2. OWNERSHIP & LICENSE TO USE Under this Agreement, if you have paid the license price in full and have agreed to the terms of this Agreement, you have a license to use the computer software ("Software"), images ("Images"), related printed materials ("Documentation") on this CD-ROM (collectively the "Product") pursuant to the terms of this Agreement. The Images and Documentation are owned by AMGMEDIA and the Software is licensed from third-party suppliers and all are subject to copyright protection under Canadian, US and international laws. All rights to the Images and Documentation are owned and reserved by AMGMEDIA and rights to Software are owned by any third-party software suppliers except to the extent that the right to use the Product is specifically granted by this license. 3. PERMITTED USES YOU MAY: (a) add, alter, modify, combine and manipulate the Images as part of a work which you author (the "Work"); (b) print the Images and distribute the Images as part of a Work in printed form in any manner for any purpose including but not limited to the following: advertisements, promotions, presentations, brochures, reports, books, book jackets, magazines, magazine covers, packaging, trade show displays, board games, editorial, audio albums, CDs or cassettes, playing cards, coffee mugs, clothing, hats, signs; (c) publish the Images in an electronic or digital form as part of a Work that is an advertisement, promotion, brochure, report, e-book, e-magazine, web site, game, software, screen-saver, video or editorial article. 4. RESTRICTIONS: YOU MAY NOT: (a) prevent AMGMEDIA or other licensed users of the Images from using the Images. For example, you may not incorporate any of the Images into a trademark; (b) use the Images in such a way that they imply an endorsement by AMGMEDIA or its Suppliers of any product or service; (c) use the images in any pornographic or defamatory manner; (d) distribute the Images in a manner intended to be separable from the Work. For example, you may not distribute the images with image editing software as examples for the end user of the software to manipulate; (e) place the Images, or allow them to be placed, on an electronic bulletin board or ftp server; (f) duplicate the CD-ROM except to create a single backup CD. The backup CD may not by used in any manner unless the original CD-ROM is damaged, destroyed or
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-2lost. The backup CD may not be sold, re-sold, assigned, distributed, given away, leased, licensed, sub- licensed, cross-licensed or otherwise transferred to any party; sub-license, sell, re-sell, distribute, give away, lend, rent, lease or provide others with any of the Images except as part of a Work; include the Images or derivatives of the Images in any clip art or digital image collection or library provided or available to any persons other than the licensed users of the Images.
(g) (h)
5. PERMITTED USER This copy of the Product may be used by one (1) user. If more than one (1) user wishes to use this Product, you must purchase another copy of this license. 6. WARRANTIES AMGMEDIA warrants that it has the right to grant this license to you. AMGMEDIA warrants the Product to be free from defects in materials or workmanship for 60 days from the date of delivery. Except where prohibited by law, AMGMEDIA makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability, durability or fitness for any particular purpose. 7. REMEDY / LIMITATION OF LIABILITY Your sole and exclusive remedy for a breach of these warranties is the replacement of the Product or refund of the purchase price, at AMGMEDIA's option. 8. INDEMNITY You agree to indemnify and save AMGMEDIA harmless from any lawsuits, actions or claims against AMGMEDIA by third parties, arising out of your use of the Product, or a breach by you of the terms of this Agreement. This includes the following situation: if AMGMEDIA is sued by a third party arising out of your use of the Product or out of your breach of this Agreement, you will pay AMGMEDIA's legal costs and defend AMGMEDIA against that lawsuit. 9. TRADE-MARKS "AMG", the AMG Logo, "AMGmedia" and "floraphotos" are trade-marks of AMGMEDIA. You may not use or reproduce the AMGMEDIA trade-marks for any purpose whatsoever. No right or license in any AMGMEDIA trade-marks is given to you under this Agreement. 10. DISPUTES TO BE RESOLVED IN VANCOUVER, CANADA This Agreement is governed by the laws of British Columbia, Canada, without regard to its conflicts of laws rules. Any dispute between you and AMGMEDIA must be brought in the courts of the Province of British Columbia, and you agree to submit to the exclusive jurisdiction of the courts in Vancouver, Canada.
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