PhotoStetics / Image

Attention: This is a license, not a sale, this product is provided under the following royalty-free license

License Agreement for PhotoStetics' "Strength": The material including all images contained in this Photo CD separately or collectively (the "Material") is the copyrighted property of PhotoStetics.

IMPORTANT: Carefully read this License before using the Material. Using the Material indicates your acknowledgement that you have read this License and agree to its terms. If you do not wish to be bound by the terms of this agreement you are obligated to refrain from any use of the Material and you may within 15 days of purchase return the Material complete to your dealer for a full refund.

A. LICENSE: PhotoStetics ("we" or "us") grants you a license to use the Material in accordance with the terms of this License. The copyright and all other rights in the Material shall remain with us.

YOU MAY:

  1. Use one copy of the Material on any single computer, provided that the Material is in use on only one computer at any time. The Material is "in use" on a computer when it is loaded into temporary memory or installed in the permanent memory of that computer.
  2. Publish or distribute the Material without significant modification provided the user credits PhotoStetics and reproduces the following notice in the publication's listing of the copyrights as well as adjacent to the reproduction in printed works © Photostetics 1995. Significant modification is defined as any use in which the Material is not recognized as the central focus of the final material.
  3. You are granted the non-exclusive, non-transferable right to reproduce, modify, cut and otherwise manipulate digitally the Material royalty-free in any form including presentations, print and digital publication for distribution with the following exceptions:

C. YOU MAY NOT

  1. Copy the Material and/or the written materials accompanying the Photo CD except as permitted by this License.
  2. Use or permit the use of the Material in or in association with pornographic, scandalous, fraudulent, defamatory, immoral or illegal material.
  3. Sell or distribute the Material as another image library, clip art or product which is similar or competes with the Material or this product in any format wherein the right of retransmission of original material is granted.
  4. Rent, lease or transfer the Material except as set out above.

D. TERM: This license shall continue for as long as you use the Material. However, it will terminate if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Material. The Limitations of Warranties and Liability set out below shall continue in force even after termination.

E. WARRANTY: We warrant that the storage media in this product will be free from defects in materials and workmanship for 90 days from the date you acquire it. If such a defect occurs, return it to your dealer and it will be replaced free of charge. This remedy is your exclusive remedy for breach of this warranty. It gives you certain rights and you may have other legislated rights which vary from jurisdiction to jurisdiction.

F. LIMITATION OF WARRANTIES AND LIABILITY: Except for the express warranty above, the Material is provided on an "as is" basis, without any other warranties, or conditions, expressed or implied, including but not limited to warranties of merchantable quality, merchantability or fitness for a particular purpose, or those arising by law, statute, usage of trade or course of dealing. PhotoStetics assume no responsibility or liability for any errors or inaccuracies that may appear in this Photo CD or result through its use.

The entire risk as to the results and performance of the Material is assumed by you. You agree to indemnify and hold harmless both PhotoStetics against damages, liability or litigation in any jurisdiction associated with the owners use of the Material.

Neither we, nor our dealers or suppliers shall have any liability to you or any other person or entity for any indirect, incidental, special or consequential damages whatsoever.

G. GENERAL This License is the entire agreement between us; supersedes any other agreement or discussion, oral or written, and may not be changed except by a written signed agreement. This License shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada. The parties have requested that this Agreement and all documents contemplated hereby be drawn up on English. Les parties aux prˇsentes ont exigˇ que cette entente et tous autres documents envisagˇs par les prˇsentes soient rˇdigˇs en anglais.

The manufacturer is PhotoStetics 76 Hazelton Avenue, Toronto, Ontario, Canada M5R 2E2.

Copyright © PhotoStetics 1995. All rights reserved.


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