skyphotos.com
Business Use Image License
All Images in JDP Productions' Stock Photographs are subject to the terms and conditions of our Business Use Image License.
The following is a legal Agreement between you (the "Licensee") and JDP Productions ("JDPP").
This License Agreement should be read carefully before using any of our images, CD-ROMs (the "CD") or downloading any image (the "Image" or "Images") from our web site. By using the Victorian Art CD or downloading an Image from our Collection, you agree to be bound by the Terms of this License.
1. All contents of the CD (including the accompanying Software and Documentation) and the Image(s) are copyrighted, proprietary and protected by United States law, international treaty provisions and other applicable laws. All rights not expressly granted are reserved. Your right to use the CD and Image(s) depends upon your payment of all applicable fees prior to use and your agreement to and compliance with the terms of this License Agreement.
2. Under the Terms of this License Agreement, JDPP grants you a non-transferable, non-exclusive right to use the Image(s) in the following ways:
A. "Printed Publications," as part of advertisements, editorial or promotional publications, brochures, reports, newsletters, packaging, and items intended for resale or complimentary distribution that incorporate the Image(s) in their design such as books, clothing, calendars, and CD packaging. In the case of paper products, such as greeting cards, postcards or calendars, no more than ten (10) images from our collections may be used in any such series.
B. "Online or Broadcast Media," such as World Wide Web site display, online display and broadcast video provided however that the size of Images to be displayed on any World Wide Web site or other online display be restricted to no greater than 640 x 480 pixels @ 72 dpi and no more than ten (10) images of any size from our collections may be displayed on any World Wide Web site simultaneously.
C. "Offline Digital Media" in or as part of computer, audiovisual and multimedia use; software; multimedia programs; and CD ROM products; provided however that the images can be used only as part of the software, multimedia program etc. and that only low-resolution versions of Images (no greater than 640 x 480 pixels - 72 dpi) may be displayed on Offline Digital Media.
3. This License allows the modification, adaptation or creation of derivative works and publication of the Image(s) in Printed Publications, Online or Broadcast Media or Offline Digital Media, provided all conditions of this Agreement are met. Your use of the Image(s) is not limited by the number of items produced, circulated or sold.
4. You may only use the Image(s), or include the Image(s) in Printed Publications, Online or Broadcast Media or Offline Digital Media that are created for yourself, or for your employer, direct client or customer, who must be the end-user of your work.
5. This Agreement specifically does not permit you to:
A. Loan, rent, sell, sub-license, lease, make available, or transfer the right to use the CD or any Image(s) to any other person or entity, in any way other than that the Image has been incorporated by you into Printed Publications, Online or Broadcast Media or Offline Digital Media. No Image may be distributed, transferred or sold individually as a stand-alone image; they must be incorporated into a publication, display or digital presentation;
B. Use any Image or the CD in any pornographic, defamatory, slanderous, fraudulent or otherwise illegal manner;
C. Distribute any Image on a computer bulletin board or any other form of online or Internet-accessible service or post the Image(s) online in any way that invites downloading;
D. Use any Image or any portion thereof as a trademark or service mark, or claim ownership or any proprietary rights in any Image, or any portion thereof.
6. You agree to indemnify, hold harmless and defend JDPP, and its employees, directors, suppliers, agents and affiliates, against any damages or liability of any kind including attorneys’ fees arising from any use of any Image or the CD other than the permitted uses specified in this Agreement.
7. JDP Productions and the author take no responsibility for any damages caused by this software. The Stock Photos are provided 'as is' without warranty of any kind. Use them at your own risk. JDP Productions disclaims all warranties, either express or implied, including the warranties of fitness for a particular purpose. In no event shall JDP Productions be liable for any damages whatsoever including direct, indirect, incidental, consequential, loss of business profits or special damages
8. Neither JDPP not any of its directors, employees, suppliers, agents or affiliates shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, any Image or the CD.
9. This Agreement shall be governed by the laws of the State of Utah without regard to conflict of laws rules. Venue for any action respecting this Agreement shall be in the State and Federal courts sitting in Salt Lake County, Utah, and you hereby consent to the jurisdiction of such courts..
dp@skyphotos.com