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F1442_README.txt.9B3B646D_CB56_4EAE_BAB7_3E7E8E41A649
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2000-08-17
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THIS LICENSE APPLIES TO THE GETTY DIGITAL IMAGERY CONTAINED IN
THE FOLLOWING SUBFOLDERS: DOORS, HAMMERS, PLIERS, SAW_BLADES,
AND WINDOWS.
ELECTRONIC README AND LICENSE AGREEMENT FILE
Getty Images, Inc.« Image License Agreement
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND GETTY
IMAGES, INC. ("Getty"). DOWNLOADING AN IMAGE AND/OR
SOFTWARE FROM OUR WEBSITE YOU AGREE TO BE BOUND
BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT
AGREE, PROMPTLY CLICK ON THE "I DO NOT AGREE" ICON
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
Getty grants to you and your employer, if you are licensing on behalf
of your employer, a nonexclusive, nonsublicensable right to use any
software obtained from Getty ("Software") and each Getty image and
any derivatives or copies (collectively, the "Image"), on your personal
computer. The Images may be shared by creating a disc library,
image storage jukebox, network configuration or similar arrangement
as long as no more than 10 individuals (including yourself) employed
by the same entity have access to the Images. (Please note that this is
not a simultaneous user license, which means that you may not have
more than 10 specific people access the Image even if only 10 people
are accessing them at any particular time.)
Each Image 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 in web
page design) and in BROADCASTS;
(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.
Except as specifically provided in this agreement, no Image may be
shared or copied. Pornographic use, use which would be defamatory
or libelous absent the consent of the model or use which is otherwise
unlawful is prohibited. If an Image 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.
No Image may be sublicensed, resold or otherwise made available for
use or distribution separately or detached from a product or web page.
For example, an Image 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
web site users. Similarly, clients may be provided with copies of an
Image (including digital files) as an integral part of work product, but
may not be provided with an Image or permitted to use an Image
separately. One copy of each Image may be made for backup
purposes only but may only be used if the original Image becomes
defective, destroyed or otherwise irretrievably lost.
If you would like to share an Image with greater than 10 people
(including yourself), please contact Getty at license@getty-
images.com, 1-800-528-3472 (U.S.A) or 206-441-9355.
WARRANTY
Getty warrants the Images 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 Image or refund of the purchase price, at GettyÆs option. GETTY
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 GETTY NOR ITS 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.
GENERAL
All rights to the Images are owned by Getty and/or its licensors and
are protected by United States copyright laws, international treaty
provisions and other applicable laws. Getty and its licensors retain all
rights not expressly granted by this agreement. The Images are
licensed only to you or your employer, if you are licensing on behalf
of your employer. However, this agreement and the license to use the
Images 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 Images without
keeping or storing any copy, (ii) do not utilize any Image 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 agreement will terminate automatically
without notice from Getty if you or your employer fail to comply with
any provision of this agreement. Upon termination, you and your
employer must immediately (i) stop using the Images, (ii) return the
Images and all copies of it to Getty, and (iii) delete any Image and all
copies from all magnetic media and destroy all other copies, or upon
request of Getty, return all such copies to Getty. Use of each Image
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. Getty reserves the right to discontinue the use of any
Image for any reason and elect to replace the Image with an alternate
Image. Upon notice of any discontinuance of a license for a particular
Image, you, your employer and your client, if applicable, agree not to
use the Image in the future. This agreement will be governed in all
respects by the laws of the State of Washington, U.S.A. without
reference to its laws relating to conflicts of law. Venue for all
disputes arising under this agreement shall lie exclusively in the
Superior Courts of the State of Washington in King County or the
Federal District Courts of the Western District of Washington (as
permitted by law) and each party agrees not to contest the personal
jurisdiction of these courts. Notwithstanding the foregoing, Getty shall
have the right to commence and prosecute any legal or equitable
action or proceeding before any non-U.S.A. court of competent
jurisdiction to obtain injunctive or other relief in the event that, in the
opinion of Getty, such action is necessary or desirable. The Images are
"Restricted Computer Software" and when provided to, for or used on
behalf of the United States of America, its agencies and/or
instrumentalities ("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.