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100% Money-Back, Iron-Clad,
One Year Guarantee.
All CD's are unconditionally guaranteed
for one year. What that means is: If you are unhappy with them for any reason,
just let me know and you'll be issued a full 100% refund. You won't even have
to ship anything back.
Here's the legal stuff (to keep my
lawyer happy).
BuffaloPix
Royalty-Free License Agreement
This license agreement (“Agreement”) is between you, the party licensing
imagery through this Agreement (“Licensee”), and BuffaloPix
(“Licensor”). Licensee’s use of the Digital Media as defined below
constitutes your acceptance of the terms of this Agreement.
LICENSE TERMS
Covered Materials
The photographs, fonts, illustrations, film clips, audio clips, software and
any and all other media and content in any form delivered to Licensee by
Licensor, whether via CD-ROM, by download from Licensor’s website or
otherwise (collectively, the “Digital Media”) are licensed, not sold, to
Licensee by Licensor for use pursuant to the terms of this Agreement. Licensee
may own the media on which the Digital Media are recorded, but Licensor, for
itself or on behalf of its contributors, retains ownership of the Digital
Media. Any reference in this Agreement to the Digital Media shall be to each
individual item within the Digital Media and also to the Digital Media taken
as a whole.
Permitted Uses and Rights
Subject to the terms of this Agreement:
Licensee has the non-exclusive, non-transferable, non-sublicensable right to
copy, reproduce, transmit and display the Digital Media an unlimited number of
times in any and all media for the following purposes:
• Advertising and promotional materials;
• Online or Electronic Distribution Systems, including Web page Design to a
maximum resolution of 72dpi;
• Broadcast and Theatrical Exhibitions;
• Publications and Products; and
• Any other uses approved in writing by Licensor.
Licensee has the right to have the Digital Media reproduced by subcontractors
of Licensee, provided that such subcontractors agree to abide by the
restrictions of this Agreement. Licensee may alter, crop, manipulate and
create derivative works of the Digital Media. Licensee’s rights to the
Digital Media are worldwide and perpetual. Licensor reserves all rights not
expressly granted to Licensee herein.
Number of Users / Seat License
Licensee may create a digital library, network configuration, or similar
arrangement to allow the Digital Media to be viewed by employees, partners and
clients of Licensee, but under no circumstance may the Digital Media be used
by more than 10 employees of Licensee. Licensee must purchase a separate seat
license from Licensor for each additional individual user, before such
additional use begins. Contact BuffaloPix to negotiate an applicable seat
license.
Restrictions
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 Digital Media 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 Digital Media as a stand-alone
file. Digital Media shall not be incorporated into a logo, trademark or
service mark. Licensee may not post the Digital Media online in a downloadable
format. If any Digital Media featuring a model is used in a manner that would
lead a reasonable person to believe that the model personally uses or endorses
a product or service (for example, any Digital Media is used in a testimonial
advertisement), or if the depiction of the model in the Digital Media is used
in connection with a subject that would be unflattering or unduly
controversial to a reasonable person, Licensee must accompany each such use
with a statement that indicates that the person is a model and the Digital
Media is being used for illustrative purposes only. The Digital Media may not
be used in a pornographic, defamatory, libelous or otherwise illegal manner,
whether directly or in context or juxtaposition with other materials. Licensee
must retain the copyright symbol, the name of BuffaloPix and the Digital
Media’s identification number as part of the electronic file and as
otherwise contained on the original Digital Media. 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.
Indemnity
Licensee agrees to indemnify and hold BuffaloPix harmless against all claims
arising out of any breach of this Agreement.
Warranties
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 DIGITAL MEDIA, THIS AGREEMENT, ANY INVOICE REGARDING THE DIGITAL MEDIA
OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, COSTS OR LOSSES.
Termination and Revocation
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 (i) stop using the
Digital Media, (ii) destroy or, upon the request of Licensor, return the
Digital Media to Licensor (in the case of analogue materials), and (iii)
delete or remove the Digital Media from Licensee’s premises, computer
systems and storage (electronic or physical). Licensor reserves the right to
revoke the license to use the Digital Media for good cause and elect to
replace such Digital Media with alternative Digital Media. Upon notice of any
revocation of a license for any particular Digital Media, Licensee shall
immediately cease using such Digital Media and shall ensure that its clients
and customers do likewise.
Severability
If one or more of the provisions contained in the Agreement is found to be
invalid, illegal or unenforceable in any respect, the validity, legality and
enforceability of the remaining provisions shall not be affected. Such
provisions shall be reformed only to the extent to make it enforceable.
Choice of Law
This Agreement will be governed in all respects by the laws of the State of
New York, U.S.A., without reference to its laws relating to conflicts of law.
Any disputes arising from this Agreement or its enforceability shall be
settled by binding arbitration to be held in New York. The United Nations
Convention on Contracts for the International Sale of Goods does not govern
this Agreement. Notwithstanding the foregoing, Licensor shall have the right
to commence and prosecute any legal or equitable action or proceeding before
any court of competent jurisdiction to obtain injunctive or other relief
against Licensee in the event that, in the opinion of Licensor, such action is
necessary or desirable.
Waiver
No action of Licensor, other than express written waiver, may be construed as
a waiver of any provision of this Agreement.
Entire Contract
This contract contains all the terms of the license agreement and no terms or
conditions may be added or deleted unless made in writing and signed by an
authorized representative of both parties.
All contents © 2003 BuffaloPix, All rights reserved.
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