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IMAGE MOGUL L.L.C. - LICENSING AGREEMENT ("agreement")
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND IMAGE MOGUL L.L.C. (THE OWNER AND LICENSOR). BY ORDERING A CD-ROM OR DOWNLOADING ANY "CONTENT", YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, IMMEDIATELY STOP USE OF THIS WEBSITE AND DISCONTINUE ANY ACCOUNTS YOU MAY HAVE CREATED. Refund will not be given for ANY PRODUCTS. If product is defective, you will be sent a replacement by USPS ground. "Content" refers to images, illustrations, video, sound, moving images, text, graphics, and photographs (and etc. that comprise "media" in common industry). Image Mogul will be referred to as our, we and licensor. Original Licensee is use to refer to purchaser or downloader of "content" thereby automatically accepting this agreement. Original licensee and YOU may be used in this agreement with the same meaning. TYPES OF LICENSES Image Mogul offers two types of licenses, a free Comping license and a purchased Product license. COMPING LICENSE Our Comping license cover visually watermarked "content" that is marked "free for comping" or "Comp" or "free FPO" or "FPO" where FPO stands for "For Placement Only". We only offer a limited number (on our part) of images for free download Comping. In order to keep our prices low and to make quality "content" accessible by all in the industry large and small that need it, we have opted to limit some pre-sale functionalities that you may be used to. These Comps may be of lower resolution or smaller size depending on the particular "content" in question. Under this license you can get a closer look at the "content" as well as use them For Placement Only. You may use this FPO "content" for proofing and collaborating a "job" with a client, as limited as it may be. YOU MAY NOT use "content" under the Comping license for final output, projects or on personal or corporate intranets or the internet. PRODUCT LICENSE Our Product license covers "content" available for purchase from our website on CD-ROM, DVD, individual download or any means we provide for you (the user) to obtain our "content". This license also applies to any retail version of our "content" for sale. Under this license you can use our "content": In PRINT. Brochures, pamphlets, flyers, presentations, product packaging, book jackets, calendars, CD covers, exhibits, trade show displays, greeting cards, advertising and promotionals. On the WEB, INTERNET, ANY INTRANET, Television. Websites, multimedia designs, web-mercials, commercials, CD-ROM, DVD, broadcast. YOU CANNOT use our "content" for resale of or any part of a collection of "content". You cannot resell, sublicense or make available for use or distribution separately or detached from a method of license mentioned in our "licensing agreement". Our "content" is not licensed to be used in a downloadable FTP format. Our "content" is not licensed to be made available in any fashion that makes it possible for download, re-use or permanent storage by anyone except Original Licensee. Under all terms of our product license agreement, we explicitly state that the "content" can be reproduced and/or distributed as part of an advertisement, book, product packaging, etc., on a worldwide and unlimited basis. ALL LICENSES Pornographic, defamatory, libelous or otherwise unlawful use of Image Mogul Content is prohibited and will be held in violation of this "agreement". Violators' license will be revoked and licensees' Image Mogul "content" will be returned without refund, and any "content" on licensees' computer, computers, disks, hard drive, media, etc., must be destroyed as well as all said media/product that was produced and found to be in violation with this "agreement" Our content is not licensed for product endorsement. For example, if there is a model (person, identifiable character/entity), end product must not imply particular model endorsement, use, or affiliation with item of intended application. If you would like to inquire about the possibility of engaging into a custom license agreement with Image Mogul, please feel free to email us with your particular needs. GRANT OF LICENSE At Image Mogul, we hope to provide a high quality product at very reasonable rates. We feel media is priced very high in the industry and realize there is a very big gap between those who can afford and can't afford to buy good media. We hope to fill that gap. Gone are the days when the small business owner or freelance graphic designer finds that higher resolution and/or quality media/content is cost prohibitive. We are providing this "content" with reduced rates and not as restrictive licenses because we have worked out a very tight pricing schedule. We hope you realize what we are trying to do for you, and refrain from violating this "agreement". We hope we have been able to price our "content" product on a schedule that makes it affordable for people so they won't feel the need to reproduce our work "content" and give it to friends, or colleagues and/or resell it. LICENSE IS GRANTED to original purchaser (retail, web), original purchaser (web), and accepted upon breaking of CD-ROM seal or downloading, respectively. This person is referred to as ORIGINAL LICENSEE. License is granted for and only for original licensee. If original licensee is a business, corporation, etc., the license is an automatic 5 SPECIFIC-USER license. However this license is not a simultaneous license. "content" cannot be made available on company network, intranet, or storage device that is accessible to ANYONE except ONE of the said 5 SPECIFIC USERS. Feel free to contact us via email WARRANTY | DISCLAIMER THE WEBSITE AND RETAIL "CONTENT" ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, IMAGE MOGUL MAKES NO WARRANTY THAT (1) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (2) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE WEBSITE OR RETAIL WILL MEET YOUR EXPECTATIONS; AND (5) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED. Image Mogul shall have absolutely no liability in connection with the services including without limitation, any liability for damage to your computer hardware, data, information, Materials and business resulting from the Information or the lack of information available on the our website. Image Mogul shall have no liability for: Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information and "content"; Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or Any decision made or action taken or not taken in reliance upon the Information furnished hereunder. Image Mogul shall have absolutely no liability in connection with it's affiliates, partners, and content providers and their material, "content", claims, conduct, web space on Image Moguls' website, or other website(s). LEGAL BY ACCEPTING THIS AGREEMENT, YOU ACCEPT IT IN ITS' ENTIRETY AND IN ITS' DIVISIONS. IF A PORTION OF THIS AGREEMENT IS UNENFORCABLE, IT DOES NOT EXTIGUSIH ANY OTHER PORTIONS ENFORCIBLITIY. BY ACCEPTING THIS AGREEMENT, YOU WILLINGLY ACCEPT TO UPHOLD ALL PORTIONS OF THIS AGREEMENT EVEN IF NOT ENFORCABLE BY COURT OF LAW. IMAGE MOGUL LLC WILL BE THE SOLE ARBITER AS TO WHAT CONSTITUTES A VIOLATION OF THIS AGREEMENT, AND/OR ITS' INTERPRETATIONS. END OF AGREEMENT |
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