1.2.5 Licensor reserves all rights not expressly granted to Licensee herein. When you purchase vector images or digital photographs from Graphicsdownunder, you get only non-exclusive, non-transferable license to use and modify the images in your personal and professional work.
You may modify and publish all images as you wish in any personal, commercial or professional project for decoration or illustration purposes even if you resell your work. You can not in any way make the images available for download or distribution, or give permission to download or save the images from your project as clipart or graphics.
You may, of course, use these graphics on the Internet in your various Web pages or on-line projects provided that they are used for viewing purposes only. No Graphicsdownder image is to be resold in any electronic form either by download or storage media.
ROYALTY-FREE LICENSE AGREEMENT
This is a legal agreement ("Agreement") between you and Graphicsdownunder ("Licensor"). Licensee's use, or copying, of any Licensed Material or part thereof, as defined below, constitutes your acceptance of the terms of this agreement.
BY CHECKING THE "I AGREE TO THE TERMS OF USE" BOX AND CLICKING THE "DOWNLOAD!" BUTTON YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THE LICENSED MATERIAL USAGE SPECIFICATIONS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CHECK THE "DOWNLOAD BUTTON” AND DO NOT BECOME A MEMBER OF GRAPHICSDOWNUNDER. THIS AGREEMENT APPLIES TO LICENSES ISSUED VIA THE WEB, AND IS APPLICABLE TO ONLINE, DIGITAL AND ANALOG (PHYSICAL) DELIVERY OF LICENSED MATERIAL. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT GRAPHICSDOWNUNDER VIA THE “CONTACT US PAGE” AFTER FISRT CHECKING THE FAQ PAGE. 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 AND TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER.
1. License Terms
1.1 Covered Materials.
1.1.1 For the purpose of this Agreement, "Licensed Material" shall mean any illustration, visual representation or other product protected by copyright, trademark, patent or other intellectual property rights, which is delivered in any format to Licensee by Licensor under the terms of this Agreement.
1.1.2 All Licensed Material is owned by Graphicsdownunder and is copyright laws, international treaty provisions and other applicable laws. No title to or intellectual property rights to the Licensed Material are transferred to Licensee. Graphicsdownunder retains all rights not expressly granted by this License Agreement.
1.1.3 Any reference in this Agreement to the Licensed Material shall be to each individual item within the Licensed Material and also to the Licensed Material taken as a whole.
1.2 Usage and Rights
Subject to the terms of this Agreement:
1.2.1 Licensor grants the Licensee a non-exclusive, non-transferable right and license to use the Licensed Material an unlimited number of times in any and all media for the any purposes except:
a. The images (Licensed Material) may not be distributed, sublicensed or made available for use or distribution as art for reproduction in any format., without written permission from graphicsdownunder, and no rights to the images may be granted other than the right to use the images as part of the product made by you;
b. the images (Licensed Material) used in electronic form, including multimedia applications and Internet or intranet sites, should be for viewing purposes only, i.e., prepared as embedded or inline graphics, and cannot be in a downloadable format. Licensee may not post the Licensed Material online in a downloadable format;
c. Pornographic, defamatory, libelous or otherwise unlawful use of Licensed Material is strictly prohibited.
d. It is your responsibility to use the images in the appropriate and legal manner.
The images are intended for illustration and demonstration purposes such as model making and school assignments etc. Some images (such as some flags and symbols need special permission to be displayed in public and may be offensive to some people) and therefore Graphicsdownunder cannot be responsible for there intended use. It is your responsibility to gain such permissions.
1.2.2 Licensor grants to Licensee the right to have the Licensed Material reproduced by subcontractors of Licensee, provided that such subcontractors agree to abide by the restrictions of this Agreement.
1.2.3 Licensee may alter, crop, manipulate and create derivative works of the Licensed Material.
1.2.4 Licensee's rights to the Licensed Material are worldwide and perpetual.
1.3 Number of Users / Seat License.
Licensee may distribute Licensed Material within a network or similar asset management system to no more than 10 computer/workstations within the same company or similar legal entity. 1.4 Restrictions.
1.4.1 Licensee may not sublicense, sell, assign, convey or transfer any of its rights under this Agreement but Licensee may sell or license derivative works incorporating the Licensed Material in accordance with the Permitted Uses. Licensee may not sell, license or distribute its work in such a way that Licensee's customer can extract or access the Licensed Material as a stand-alone file.
1.4.2 Licensor grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Licensed Material, and Licensee must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained.
1.4.3 Licensee should examine all Licensed Material for possible defects (whether digital or otherwise) before sending any Licensed Material for reproduction. Licensor shall not be liable for any loss or damage suffered by Licensee or any third party, whether directly or indirectly, arising from any alleged or actual defect in any Licensed Material or its caption or in any way from its Reproduction.
2. Indemnity
2.1 Licensee agrees to indemnify and hold Licensor harmless against any claim for damages, losses or any costs, including attorneys' fees, arising in any manner whatsoever from the unauthorized use of any Licensed Material or for Licensee's breach of any of the terms of this Agreement.
3. Warranties
3.1 Licensor warrants the digital media to be free from defects in material and workmanship for 30 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the digital media.
3.2 LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LICENSED MATERIAL, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LICENSOR SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE LICENSED MATERIAL, THIS AGREEMENT, ANY INVOICE REGARDING THE LICENSED MATERIAL OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES.
4. Termination and Revocation
4.1 The license contained in this Agreement will terminate automatically without notice from Licensor if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately; a. stop using the Licensed Material; b. destroy or, upon the request of Licensor, return the Licensed Material to Licensor (in the case of analogue materials); c. delete or remove the Licensed Material from Licensee's premises, computer systems and storage (electronic or physical).
4.2 Licensor reserves the right to revoke the license to use the Licensed Material for good cause. Upon notice of any revocation of a license for any particular Licensed Material, Licensee shall immediately cease using such Licensed Material.
5. Due to the nature of the internet and the variety ways that it is used, Graphicsdownunder cannot guarantee that the files will not be damaged in transit over the internet by such things as viruses or similar. If this happens however Graphicsdownunder will endeavour to deliver the requested files by email provided that we are satisfied that the images have been paid for and that there has been a problem with the download. Seven days has been provided to retry to download the image. Graphicsdownunder should be contacted however so that the problem can be monitored and resolved. If graphicsdownunder does not receive notice of the problem within the seven days from the first download attempt then it will be assumed that there is no problem. The answer however may take longer but will remain active as long as the original request is made within the seven days. |
