Abstract & Graphic Backgrounds - Disc 1/Abstract and graphic backgrounds.ISO/mac/FOR_MAC/License Agreement

Text File | 1993-05-10 | 14.2 KB | 274 lines | [TEXT/ttxt]

                  AZTECH NEW MEDIA CORP. LICENSE AGREEMENT
__________________________________________________________________________

Please carefully read the following license agreement before opening the CD
package. By opening the CD package you accept the terms of this Agreement.
If you do not accept the terms of this Agreement, do not open the CD package
and promptly return the entire package to AZTECH for a full refund. If you
have opened the CD container before reading the printed license agreement and
are now reading this Agreement from one of the CD's in the package, and you
disagree with any of the terms of this Agreement, please immediately replace
the CD in the package and return it to Aztech along with your original
invoice or receipt for a full refund. In addition, immediately destroy all
copies of the package or any of its components.

***************************************************************************
IN ORDER FOR YOU TO BE GRANTED THIS LICENSE, You must register with AZTECH
as a user of this title by fully completing and returning the registration
form to AZTECH.
***************************************************************************

DEFINITIONS
----------------
The following definitions apply to the terms as they appear in this
agreement:

"AZTECH" means AZTECH NEW MEDIA CORP.

"You" and "Your" refer to any person or entity that acquires or uses this
 package.

"Package" means the software, images, data, and printed image catalogue of
this collection, in whole or in part, and other items accompanying this
Agreement.

"Software" means the computer program contained in this package, together
with all codes, techniques, software tools, formats, designs, concepts,
methods, and ideas associated with that computer program. The term also
includes all copies of any part of the software, the optical media and
contents, as well as the manual(s) and other printed materials contained in
this package.

"Image manipulation" means significantly altering, via software, any of the
supplied digital images such that an image from the package that has been
"manipulated" is no longer recognizable as having come from an original
image in this package.

COPYRIGHT/PROPRIETARY PROTECTION
--------------------------------
The software is owned and copyrighted by AZTECH and/or its suppliers and is
protected by United States and International copyright laws as well as
international trade provisions.

You must treat the software like any other copyrighted material. The
software involves valuable proprietary rights of AZTECH and others. There is
no transfer to you of any title to, or ownership of, the software or any
patent, copyright, trade secret, trade name, trademark, and other proprietary
rights related to the software, regardless of the form in which the original
or other copies exist.

You must not violate these rights and you must take appropriate steps to
protect AZTECH's rights. AZTECH may, at any time, replace, modify, alter,
improve, enhance, or change the software without notice. Both the license and
your right to use the software terminate automatically if you violate any
part of this Agreement. In the event of termination you must immediately
destroy all copies of the software and return the original to AZTECH.

PERMITTED USES
--------------
AZTECH grants you a single user, non-exclusive license to use the software in
this package according to the terms as follows. You MAY:
∙   Operate the software on only one computer at a time.
∙   Use the package for any purpose, whether for video display, print media
    or otherwise and whether for commercial or personal use, provided the
    primary value of the product you are producing, or the service you are
    providing, is not the image(s) itself (themselves). For clarity, you may
    use the package for advertisements, brochures, newsletters, marketing
    literature, company presentations, etc.
∙   After written notification to AZTECH, transfer all (but no lesser
    portion) of the package to another person or entity who, in turn, must
    agree to, and be subject to, this Agreement.
∙   Make a temporary copy of an image for the purposes of outputting it to
    an output device owned by a third party such as a service bureau image
    setter but in no case does ownership or your license to use the image
    transfer to such party. Such copy must also be destroyed at the end of
    the respective production cycle and cannot be stored by such third party
    for future "potential" use by you.

PROHIBITED USES
---------------
You may NOT:
∙   Copy or distribute copies of the software, documentation or the package
    to others.
∙   Copy any portion of the software except for image manipulation as
    described above under Permitted Uses.
∙   Use any image of a person to represent any living person.
∙   Modify the software or merge it with another program.
∙   Translate or create derivative works based on the software, except for
    image manipulation.
∙   Remove, obscure, or alter any notice of the patent, copyright, or other
    proprietary rights related to the software or package.
∙   Publish, sub-license, sell, re-sell, distribute, give away, lend, rent,
    lease or provide to others, in whole or in part, the software or the
    package.
∙   Operate the software on more than one computer at a time. If you wish to
    operate the software on a network, please contact AZTECH to request a
    site or network license agreement.
∙   Transfer the software or any direct product to any person or entity in
    violation of the United States Export Administration Act.
∙   Reverse-engineer, disassemble, decomply, or make any attempt to discover
    the source code to the software.
∙   Use the package for any purpose where the primary value is the images
    themselves. For clarity, you may NOT use the package for calendars,
    coffee table books, tee-shirts, post cards, etc. where the primary value
    is the images themselves. You are strongly encouraged to submit in
    writing to Aztech any questions you may have regarding the interpretation
    of this license (fax: [phone]).
∙   Use the product or software in immoral, scandalous, controversial,
    derogatory, obscene, libelous, defamatory, pornographic or offensive
    works.

LIMITED WARRANTY
----------------
AZTECH warrants that, upon delivery by AZTECH of the CD's on which the
software is distributed, the package will be free from defects of
workspersonship and that the software will substantially conform to the
specifications established by AZTECH. AZTECH does not warrant that the
software is free from all bugs, errors, and omissions. This warranty gives
you specific legal rights, and you may also have other rights that vary
from state to state and country to country.

If any of the software fails to comply with the warranties set forth above,
AZTECH's sole liability is to replace the package or portion thereof, or at
AZTECH's option, make a reasonable effort to correct the program errors. You
must however return all copies of the software, along with a copy of your
paid CD's invoice, to AZTECH within ninety (90) days of the date you
purchased the software.

If AZTECH is unable to correct the defective CD or program error,
AZTECH's sole liability is to refund all or a fair portion of the price you
paid for the package, at AZTECH's option. The refund shall fully satisfy all
your claims for the consequences of the software, CD or disk failure. Any
replacement software will be warranted for the rest of the original 90-day
warranty period or for 30 days from the date you received the replacement,
whichever is longer. The duration of any implied warranties including,
without limitation, the implied warranties of merchantability and fitness,
shall be limited to the duration of the warranty period described above.

Except as specifically set forth above, AZTECH shall not be liable for any:
∙ bug, error, omission, defect, deficiency or non-conformity in any software;
∙ claim of infringement;
∙ claim in tort, whether or not arising, in whole or in part, from AZTECH's
  fault, negligence, strict liability or product liability;
∙ claim or any indirect, incidental, special or consequential damages, cover
  or loss of revenue, or use;

Notwithstanding anything to the contrary contained herein, other than a
properly authorized new license agreement replacing this one in writing and
making appropriate reference to such replacement, any written or oral
information or advice given by AZTECH distributors, agents, representatives,
or employees shall in no way increase the scope of this warranty.

Nor may you rely on any such written or oral communication. Some states and
provinces may not allow limitations on how long an implied warranty lasts or
exclusion or limitation of consequential damages. Therefore, the limitations
set forth in this warranty may not apply to you. The foregoing limitations
of warranty and liability inure to the benefit of AZTECH licensees having an
interest in the package.

GENERAL
--------------
Colors may vary from the color of the images displayed on a screen or on the
accompanying posters/catalog, to that on final print. You must therefore make
color proofs of the images prior to printing to assure yourself as to color
and resolution suitability.

You, rather than AZTECH, accepts all liabilities (except for the license
granted herein to properly use these images) arising out of the usage of this
package or the software contained herein. You agree that Aztech's maximum
liability for any cause of any action of any kind is limited to the
replacement value of a single package. AZTECH is not responsible for
maintaining or helping you to use the software, unless as part of a separate
Technical Support Program.

This Agreement constitutes the entire agreement and supersedes any prior
agreement between AZTECH and you concerning the contents of this package.
AZTECH is not bound by any provision of any purchase order, receipt,
acceptance, confirmation, correspondence, or change unless such is written
and signed by a duly authorized officer of AZTECH. This Agreement is
governed by the laws and procedures of Ontario, Canada.

**************************************************************************
USING AZTECH IMAGES WHERE PRIMARY VALUE IS A CONSIDERATION

In the past, we have not permitted the use of our images in products
where our images become part of the content of a product that is
destined to be sold for a profit or where the primary value of the
product being created is our image(s). Advertisements, newsletters,
brochures, marketing collaterals, etc. clearly do not fall into this
category.

This policy existed because of our license concerning "primary value."
The issue arises where, for example, The World Photophile Library
represents the work of seven photographers over a five year period,
travelling to all points of the Globe (Russia, China, Easter Island,
etc.). The value associated with all this travel and the years of work by
these photographers cannot be easily measured. Other Aztech image
collections represent some of the very best work ever put out by the
respective photographer. We simply didn't want to approach the
subject of what constitutes "primary value" when comparing the efforts
of our photographers versus, for example, six months of programming
by a team of 10 developers.

The traditional stock image library market dealt with this topic by
creating a complex and convoluted pricing hierarchy that charged for
positioning, size of image, number of copies to be made, frequency of
re-runs, and many other considerations. The whole point of license
and royalty free images is to do away with all this but still provide the
photographer with reasonable compensation.

It is, however, an unbalanced relationship when an entity takes a
photographer's work, incorporates it into their own content, and creates
another work for re-sale and profit. Increasingly, we have been approached
to permit the inclusion of our photographers' images into product that will
be resold for a profit. In the perpetual pursuit of simplicity we decided
that the following represented a fair balance between simplicity, elegance,
equitable compensation and rights of the respective intellectual
property owners:

(a)  Aztech grants a single product license where up to 20% of any
     one Aztech image collection may be used in a single product.
     That is, you may use 20% of a collection for product 'A' and
     another 20% of the same collection for Product 'B'. It may be
     the same 20%, a whole new set of images constituting up to another
     20% of the collection, or a mix of the two. Therefore, in a 100-image
     Aztech collection and assuming a new 20% is used each time for each
     new product you create (NOT new versions or updates), you have enough
     images for 5 different products.

(b)  Aztech must be given a copyright notice in the product.
     Typically, this is in the front cover or title page of a manual or
     on a 'splash' screen in a multimedia title. The notice should be:
         "Some (or All) the images in this title are from [name of title, eg.
         The World Photophile Personal Image Library] (c) 1994 Aztech New
         Media Corp.

(c)  We require two copies of each product you create.

(d)  We require a one-time payment of 5 times Aztech's published
     suggested retail list price of whatever collection you intend to
     use. This one-time fee satisfies us with respect to the issue of
     "primary value" in cases where our image(s) becomes part of a
     customer's product that is intended to be sold for profit.

We are committed to deriving new ways of providing high-quality,
low-cost still images, music, video and other intellectual properties in
a manner that affords maximum flexibility to the purchaser while
maintaining some benefit to the original property owner (eg. the
photographer). We hope that the above, when compared to the
convoluted and limited useage structures of traditional distribution
facilities, is a strong reflection of that committment.


All correspondence to AZTECH may be sent to:
Aztech New Media Corp.
1 Scarsdale Road
Don Mills, Ontario, Canada
M3B 2R2

Phone [phone]   9am-5pm Eastern Standard Time
Fax:  [phone]   24-hours, 7 days/week
Alternate Fax: [phone]   24-hours, 7 days/week