ImageVictory.com® Digital Image Licensing
Once you download an ImageVictory
image or film clip, or purchase an ImageVictory CD, your legal
relationship with ImageVictory is governed by this Digital Imagery
License Agreement. Here's a an overview of the two license
agreements.
1. ImageVictory Comping License
This license governs the free comping images and film clips that you
download from our website and the images and film clips contained in
resource book comping discs. Use them to:
· Get a better look at the imagery
· Create materials for proofing presentations to clients, for
placement only
Comping imagery is not licensed for use in final projects, whether
for internal or external use. For example, comping imagery is not
licensed for use on a corporate intranet or internet.
2. ImageVictory Product License
When you purchase images or film clips from our website or on CD,
you're licensed to use them virtually anywhere, anytime and in any
medium (pornographic, defamatory, libelous or otherwise unlawful use
of any imagery is, of course, prohibited):
· Website, online and multimedia designs
· Advertising and promotion campaigns, presentations and brochures
· Book jackets and interior pages
· Packaging for software, music albums, CDs and cassettes, and
videotapes
· Calendars, greeting cards and posters
· Trade show displays, billboards and exhibits
· Products for resale in any quantity
Our Product License for imagery or CDs comes with an automatic
10-user license, making it easier to share ImageVictory imagery
with colleagues in your organization. (Please note that this is not
a simultaneous-user license; in other words, you may not have more
than a total of 10 specific people using discs or imagery, even if
only 10 people are using them at any particular time.) If you would
like to share ImageVictory imagery or CDs with more than 10 users,
please contact your local ImageVictory office at 888-968-2688.
For All Uses
ImageVictory requests that a credit reading "Digital Imagery©
copyright 2001 ImageVictory, Inc." appear adjacent to the images or
on an obvious credits page or screen.
Imagery is not licensed for use in a downloadable or FTP format.
Pornographic, defamatory, libelous or otherwise unlawful use of any
ImageVictory imagery is prohibited.
ImageVictory offers a comprehensive licensing program. If you have
questions regarding licensing, please contact your local
ImageVictory office at 888-968-2688.
ImageVictory® Digital Imagery License
Agreement: Comping
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ONE OR MORE OF THE
FOLLOWING COMPANIES: IMAGEVICTORY, INC., Victory Radio, Inc.
(COLLECTIVELY HEREINAFTER REFERRED TO AS "Licensor's)"). BY BREAKING
THE CD-ROM SEAL OR DOWNLOADING ANY MEDIA AND/OR SOFTWARE FROM OUR
WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF
YOU DO NOT AGREE, PROMPTLY RETURN THE CD-ROM AND ALL ACCOMPANYING
MATERIALS IN THE ORIGINAL CARTON FOR A FULL REFUND OR CLICK ON YOUR
BROWSER'S BACK BUTTON TO DECLINE THIS AGREEMENT.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER,
THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN
APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR
EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER
MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.
GRANT OF LICENSE
There are low-resolution comping images, film clips, fonts, clip art
items, animation clips or audio clips (the "Low-Resolution Digital
Media"), and there may be high-resolution images and/or film clips,
fonts, clip art items, animation clips or audio clips (the
"High-Resolution Digital Media"), on each disc. Licensor's) grant to
you, and your employer if you are licensing on behalf of your
employer, a nonexclusive, nonsublicensable right to use any software
obtained from Licensor(s) ("Software") and any of Licensor(s)'
Low-Resolution Digital Media and High Resolution Digital Media and
any derivatives or copies thereof (collectively, the "Digital
Media") on your personal computer. The Digital Media, Software and
disc may not be shared by creating a disc library, Digital Media
storage jukebox, network configuration or similar arrangement, and
you may not create a network of servers, either with or without a
central location, which enables others to share the Digital Media,
Software or discs. You may not utilize the Digital Media, Software
or disc in any manner that is not expressly permitted in this
license agreement. All rights not specifically granted above are
retained by Licensor(s). One copy of the Digital Media and Software
may be made for backup purposes only, but may be used only if the
original Digital Media or Software becomes defective, or is
destroyed or otherwise irretrievably lost. Except as specifically
provided in this license agreement, no Digital Media, Software or
disc may be shared or copied. Software may be used only in
conjunction with the Digital Media.
The Low-Resolution Digital Media may be used in materials for
PERSONAL, NONCOMMERCIAL use and TEST or SAMPLE use, including COMPS
and LAYOUTS. The Low-Resolution Digital Media may not be used in any
final materials distributed inside of your company or any materials
distributed outside of your company or to the public, including, but
not limited to, advertising and marketing materials or any online,
broadcast or other electronic distribution system (except that you
may transmit comps digitally or electronically to your clients for
their review), and may not be distributed, sublicensed or made
available for use or distribution separately or individually, and no
rights may be granted to the Low-Resolution Digital Media.
The High-Resolution Digital Media may be used on a worldwide and
perpetual basis as a part of:
(i) ADVERTISING and PROMOTIONAL MATERIALS (including packaging);
(ii) ONLINE or other ELECTRONIC DISTRIBUTION SYSTEMS (including web
page design) and BROADCASTS or THEATRICAL EXHIBITIONS;
(iii) ANY PRODUCTS (including for-sale products) or PUBLICATIONS
(electronic or print); and
(iv) materials for PERSONAL, NONCOMMERCIAL use and TEST or SAMPLE
use, including COMPS and
LAYOUTS.
No High-Resolution Digital Media may be sublicensed, resold or
otherwise made available for use or distribution separately or
detached from a product or web page. For example,
High-Resolution Digital Media may be used as an integral 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 website users. Similarly, clients may be provided with
copies of High-Resolution Digital Media (including digital files) as
an integral part of work product, but may not be provided with
High-Resolution Digital Media or permitted to use High-Resolution
Digital Media separately. Use of the High-Resolution Digital Media,
or any part thereof, as a trademark or service mark is not
permitted. Pornographic use, use which would be defamatory or
libelous absent the consent of the model or use which is otherwise
unlawful is prohibited. If High-Resolution Digital Media featuring a
person is used in a manner that implies endorsement, use of, or a
connection to a product or service by that model, or a potentially
unflattering or controversial subject, you must print a statement
which indicates that the person is a model and is used for
illustrative purposes only.
You may not include the Digital Media in any electronic template or
application, including those which are web-based, where the purpose
is to create multiple impressions of an electronic or printed
product, including, but not limited to, website designs,
presentation templates, electronic greeting cards, business cards or
any other electronic or printed matter.
Additional rights available: If you are unsure of your usage rights
under this license agreement, contact your ImageVictory employees at
888-968-2688.
WARRANTY
Licensor(s) warrant the Digital Media, Software and disc to be free
from defects in material and workmanship for 90 days from delivery.
The sole and exclusive remedy for a breach of the foregoing warranty
is the replacement of the Digital Media, Software or disc or refund
of the purchase price, at Licensor(s)' option. LICENSOR(S) MAKE NO
OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. Some states do not permit the exclusion of
implied warranties, and you may have other rights which may vary
from state to state. NEITHER LICENSOR(S) NOR THEIR LICENSORS SHALL
BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL,
SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER
DAMAGES ARISING OUT OF THIS LICENSE OR OTHERWISE.
GENERAL
You may not decompile, reverse engineer, disassemble or otherwise
reduce to human-readable form any Software contained on this disc.
All rights to the Digital Media, Software and disc are owned by
Licensor(s) and/or their licensors and are protected by United
States copyright laws, international treaty provisions and other
applicable laws. Licensor(s) and their licensors retain all rights
not expressly granted by this license agreement. The Digital Media,
Software and disc are licensed only to you, or your employer if you
are licensing on behalf of your employer. However, this license
agreement and the license to use the Digital Media and Software may
be transferred to another person or legal entity if the following
conditions are met: you, or your employer if you are licensing on
behalf of your employer, (i) transfer the Digital Media, Software
and disc without keeping or storing any copy, (ii) do not utilize
any Digital Media or Software in the future in any manner, (iii)
transfer this physical agreement to the transferee, and (iv) the
transferee agrees to be bound by the terms hereof. The license
contained in this license agreement will terminate automatically
without notice from Licensor(s) if you, or your employer if you are
licensing on behalf of your employer, fail to comply with any
provision of this license agreement. Upon termination, you, and your
employer if you are licensing on behalf of your employer, must
immediately (i) stop using the Digital Media, Software and disc,
(ii) return the Digital Media, Software and disc and all copies of
all of them to Licensor(s), and (iii) delete any Digital Media and
Software and all copies of all of them from all magnetic media and
destroy all other copies or, upon request of Licensor(s), return all
such copies to Licensor(s). Use of the Digital Media and Software
must be in compliance with all applicable law, including, but not
limited to, laws and regulations relating to currency and the law of
moral rights. Licensor(s) reserve the right to discontinue the use
of any Digital Media for any reason and to elect to replace the
Digital Media with alternate Digital Media. Upon notice of any
discontinuance of a license for any particular Digital Media, you,
and your employer and your client if applicable, agree not to use
such Digital Media in the future. The Digital Media, Software and
disc are "Restricted Computer Software" and, when provided to or
for, or used on behalf of, the United States of America, its
agencies and/or instrumentalities (the "U.S. Government"), are
provided with "Restricted Rights." Use, duplication or disclosure by
the U.S. Government is subject to restrictions as set forth under
the United States copyright laws and this license agreement, and as
provided in DFARS 227.7202-1(a), and 227.7202-3(a) (1995), DFARS
252.227.7013(c), FAR 12.212(a) (1995), or FAR 52.227-19(a)-(d), as
applicable.
About ImageVictory
Images
ImageVictory® Digital Imagery License Agreement: Online Product
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ONE OR MORE OF THE
FOLLOWING COMPANIES: IMAGEVICTORY.com, VictoryStore.com or Victory
Enterprises, Inc. (COLLECTIVELY HEREINAFTER REFERRED TO AS
"LICENSOR(S)"). BY BREAKING THE CD-ROM SEAL, OR DOWNLOADING AN IMAGE
OR FILM CLIP AND/OR SOFTWARE FROM THIS WEBSITE, YOU AGREE TO BE
BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, PROMPTLY
RETURN THE CD-ROM AND ALL ACCOMPANYING MATERIALS IN THE ORIGINAL
CARTON FOR A FULL REFUND, OR CLICK ON YOUR BROWSER'S BACK BUTTON TO
DECLINE THIS AGREEMENT.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER,
THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN
APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR
EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER
MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.
GRANT OF LICENSE
Licensor(s) grant to you, and your employer if you are licensing on
behalf of your employer, a nonexclusive, nonsublicensable right to
use any software obtained from Licensor(s) ("Software") and any
Licensor(s)' image, film clip, font, clip art, animation or audio
clip, and any derivatives or copies, obtained hereunder
(collectively, "Digital Media") on your personal computer. The
Digital Media, Software and disc may be shared by creating a disc
library, Digital Media storage jukebox, network configuration or
similar arrangement as long as no more than 10 specific individuals
(including you) employed by the same entity have access to the
Digital Media, Software or disc. (Please note that this is not a
simultaneous-user license. More than 10 specific people may not
access the Digital Media, Software or disc, even if only 10 people
are accessing such Digital Media, Software or disc at any particular
time.)
The Digital Media may be used on a worldwide and perpetual basis as
a part of:
(i) ADVERTISING and PROMOTIONAL MATERIALS (including packaging);
(ii) ONLINE or other ELECTRONIC DISTRIBUTION SYSTEMS (including web
page design), to a maximum resolution of 640 x 480 pixels (72 dpi)
and BROADCASTS or THEATRICAL EXHIBITIONS;
(iii) ANY PRODUCTS (including for-sale products) or PUBLICATIONS
(electronic or print); and
(iv) materials for PERSONAL, NONCOMMERCIAL use and TEST or SAMPLE
use, including COMPS and
LAYOUTS.
You may not utilize the Digital Media, Software or disc in any
manner that is not expressly permitted in this license agreement.
All rights not specifically granted above are retained by
Licensor(s).
Except as specifically provided in this agreement: 1) no Digital
Media, Software or disc may be shared or copied; and 2) you many not
create a network of servers, either with or without a central
location, which enables others to share the Digital Media, Software
or discs.
Use of the Digital Media, or any part thereof, as a trademark or
service mark is not permitted. Pornographic use, use that would be
defamatory or libelous absent the consent of the model or use that
is otherwise unlawful is prohibited. If any of the Digital Media
featuring a person is used in a manner that implies endorsement, use
of, or a connection to a product or service by that model, or a
potentially unflattering or controversial subject, you must print a
statement which indicates that the person is a model and is used for
illustrative purposes only.
No Digital Media may be sublicensed, resold or otherwise made
available for use or distribution separately or detached from a
product or web page. For example,
Digital Media may be used as an integral 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
website users. Similarly, clients may be provided with copies of
Digital Media (including digital files) as an integral part of work
product, but may not be provided with Digital Media or permitted to
use Digital Media separately. Software may be used only in
conjunction with Digital Media. One copy of the Digital Media and
Software may be made for backup purposes only, but may be used only
if the original Digital Media or Software becomes defective, or is
destroyed or otherwise irretrievably lost. If you would like to
share the Digital Media, Software or disc with greater than 10
specific people (including you), please contact your local office.
You may not include the Digital Media in any electronic template or
application, including those that are web-based, where the purpose
is to create multiple impressions of an electronic or printed
product, including, but not limited to, website designs,
presentation templates, electronic greeting cards, business cards or
any other electronic or printed matter without the express written
consent of ImageVictory.com managers.
WARRANTY
Licensor(s) warrant the Digital Media, Software and disc to be free
from defects in material and workmanship for 90 days from delivery.
The sole and exclusive remedy for a breach of the foregoing warranty
is the replacement of the Digital Media, Software or disc or refund
of the purchase price, at Licensor(s)' option. LICENSOR(S) MAKE NO
OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. Some states do not permit the exclusion of
implied warranties, and you may have other rights which may vary
from state to state. NEITHER LICENSOR(S) NOR THEIR LICENSORS SHALL
BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL,
SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER
DAMAGES ARISING OUT OF THIS LICENSE OR OTHERWISE.
GENERAL
You may not decompile, reverse engineer, disassemble or otherwise
reduce to human-readable form any Software contained on this disc.
All rights to the Digital Media, Software and disc are owned by
Licensor(s) and/or their licensors and are protected by United
States copyright laws, international treaty provisions and other
applicable laws. The Digital Media, Software and disc are licensed
only to you, or your employer if you are licensing on behalf of your
employer. However, this agreement and the license to use the Digital
Media and Software may be transferred to another person or legal
entity if the following conditions are met: you, or your employer if
you are licensing on behalf of your employer, (i) transfer the
Digital Media, Software and disc without keeping or storing any
copy, (ii) do not utilize any Digital Media or Software in the
future in any manner, (iii) transfer this physical agreement to the
transferee, and (iv) the transferee agrees to be bound by the terms
hereof. The license contained in this agreement will terminate
automatically without notice from Licensor(s) if you, or your
employer if you are licensing on behalf of your employer, fail to
comply with any provision of this agreement. Upon termination, you,
and your employer if you are licensing on behalf of your employer,
must immediately (i) stop using the Digital Media, Software and
disc, (ii) return the Digital Media, Software and disc and all
copies of all of them to Licensor(s), and (iii) delete any Digital
Media and Software and all copies of all of them from all magnetic
media and destroy all other copies or, upon request of Licensor(s),
return all such copies to Licensor(s). Use of the Digital Media and
Software must be in compliance with all applicable law, including,
but not limited to, laws and regulations relating to currency and
the law of moral rights. Licensor(s) reserve the right to
discontinue the use of any Digital Media for any reason and to elect
to replace the Digital Media with alternate Digital Media. Upon
notice of any discontinuance of a license for any particular Digital
Media, you, and your employer and your client if applicable, agree
not to use such Digital Media in the future. This agreement will be
governed in all respects by the laws of the State of Washington,
U.S.A., without reference to its laws relating to conflicts of law.
Venue for all disputes arising under this agreement shall lie
exclusively in the Superior Courts of the State of Iowa in Scott
County or the Federal District Courts of the 8th Circuit (as
permitted by law) and each party agrees not to contest the personal
jurisdiction of these courts.
Notwithstanding the foregoing, Licensor(s) shall have the right to
commence and prosecute any legal or equitable action or proceeding
before any non-U.S.A. court of competent jurisdiction to obtain
injunctive or other relief in the event that, in the opinion of
Licensor(s), such action is necessary or desirable. The Digital
Media, Software and disc are "Restricted Computer Software" and,
when provided to or for, or used on behalf of, the United States of
America, its agencies and/or instrumentalities (the "U.S.
Government"), are provided with "Restricted Rights." Use,
duplication or disclosure by the U.S. Government is subject to
restrictions as set forth under the United States copyright laws and
this agreement, and as provided in DFARS 227.7202-1(a), and
227.7202-3(a) (1995), DFARS 252.227.7013(c), FAR 12.212(a) (1995),
or FAR 52.227-19(a)-(d), as applicable.
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