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Blend Images, LLC – Royalty Free End User License Agreement
TERMS AND CONDITIONS OF USE OF IMAGES
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ONE OR MORE OF THE FOLLOWING COMPANIES: Blend Images, LLC and Reflex Stock, (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 ON THE WEBSITE 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 may be low-resolution comping images (the "Low-Resolution Digital Media") and there may be high-resolution images (the "High-Resolution Digital Media") on each disc or internet download. Licensor(s) grants to you and your employer, if you are licensing on behalf of your employer, a non-exclusive, non-sublicensable 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 (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.
Restrictions. Blend may at any time during the term of this Agreement notify you that certain Images are no longer available for use under this Agreement and upon such notification, the license granted by Blend shall automatically and immediately terminate. Your sole remedy for any recalled Image shall be, at Blend’s sole discretion, the replacement of such recalled Image with another Image or refund of any license fee paid attributable to such recalled Image. Blend cannot anticipate all possible uses of an Image, either alone or in combination with other material that you, or you on behalf of your client(s), may make. You are solely responsible for the use of any Image in combination with any other material. Without limitation, Images may not be utilized:
as a trademark or service mark
for any pornographic, unlawful purpose or use
to defame any person
to violate any person’s right of privacy or publicity
to infringe upon any copyright, trade name, trademark, or service mark of any person/entity
for uses covering sensitive subjects including, without limitation, topics that may depict the subject matter of an Image in a negative or unfavorable light or subject persons to ridicule, and topics regarding all sexual issues, substance abuse, physical or mental abuse, alcohol, drugs, tobacco, AIDS, cancer, or serious physical or mental ailments, or the disparagement of a person or product.
Additional Rights Available: If you are unsure of your usage rights under this agreement, contact your local office.
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) MAKES 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.
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 its licensors retain all rights not expressly granted by this 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 to utilize the 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) reserves the right to discontinue the use of any Digital Media for any reason and elect to replace the Digital Media with an alternate Digital Media. Upon notice of any discontinuance of a license for a particular Digital Media, you, 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, and disclosure by the U.S. Government is subject to restrictions as set forth under the United States copyright laws, 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.