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  License Terms for Royalty Free Images

This is a LEGAL AGREEMENT made between you the user and Artbox, Inc., and it governs how you may use Images Purchased online and on CD ROM.

This Agreement is made on the day of purchase between Artbox, Inc. ("Artbox") of the on part and you the user ("User") of the other part. In consideration of you paying the agreed license fee and in consideration of your agreeing to be bound by the terms and conditions contained in this legal agreement, Artbox agrees to allow you to use the Image(s) in the manner permitted by this Agreement on the terms and conditions as follows:

  1. GRANT OF RIGHTS

    1. In consideration of the obligations, warranties and undertakings of Artbox in this Agreement, and subject to and conditional upon their full and timely performance and observance, Artbox grants to the User a non-transferable non-exclusive license to use the Image(s) in the United States and other countries. All other rights to the Image(s), CD OR DVD and accompanying materials (if applicable) including without limitation, copyright, are retained by Artbox.

    2. This license is a ten (10) person multi-license agreement. The Image(s) may be accessed and used by the User and up to nine other people employed by the User, which purchased the Image(s). User may not use the Image(s) on a server or any other image library that permits access to more than the ten designated people as explained in this section. For sharing on larger networks, an upgrade license is required. Please call Artbox for additional upgrade licenses.


  2. WARRANTIES OF THE USER

    The User warrants and undertakes, confirms and agrees with Artbox:

    1. That all rights of a proprietary and copyright nature of the images are expressly acknowledged as the property of Artbox and subject only to the non exclusive and non-transferable license contained in this Agreement, which does not confer any copyright or proprietary rights of any nature whatsoever on the User aside from the uses specified in this Agreement.

    2. The User shall use the images in the manner and in the context agreed by the Artbox and as outlined in this Agreement and shall not by any act or omission impair or prejudice the copyright of the images, or violate any moral right or deal with the images so that any third party might obtain any lien or other right of whatever nature incompatible with the rights of Artbox. User may modify or alter the Image(s) as necessary for your use, as allowed for elsewhere in these terms and conditions, provided that the rights to any derivative work shall belong to Artbox. However, no part, segment, or piece of any Image or data, no matter how small, may be used or merged in connection with other Image(s) or artwork so as to create a new Image, which could be regarded as derogatory, offensive, blasphemous, defamatory, obscene, pornographic, or libelous.

    3. The User shall ensure that all copies of the images are published and distributed by the User under limited license from Artbox, Inc. Artbox requests that if credit is given, this credit (link, etc.) be given to Artbox. However, this request is not a requirement.

    4. The User shall give full particulars to Artbox as soon as the User becomes aware of any actual or threatened claim by any third party in connection with the images.

    5. i.The User shall retain total control and possession at all times of the images and ensure that these are kept in safe and secure storage facilities and shall not allow the images to fall into the hands of third parties who are not licensed by this Agreement.

    6. The User shall indemnify and keep fully indemnified Artbox from and against all actions, proceedings, claims, demands, costs (including any legal costs compensation costs and disbursements paid by the User on the advice of their legal advisors to compromise or settle any claim), awards and damages arising directly or indirectly as a result of any breach or non- performance by the User of any of the User's undertakings, warranties or obligations under this Agreement.

    7. i.The User warrants and undertakes not to assign or license the use of the images for any purpose other than those purposes specifically agreed between Artbox and the User under this Agreement. In particular, the User may not loan, rent, hire, otherwise transfer, or purport to transfer the right to use the images in any way to any other person or entity.

    8. The User accepts that Artbox supplies the photographic works and materials "as is" and that Artbox makes no warranty either expressed or implied of merchantability, fitness for purpose, type or quality of Image or compatibility with any other facility. Artbox shall not be liable for any of the use of the said photographic works either as permitted under this license Agreement or otherwise.

    9. The User accepts and warrants that use of the Image(s) and data shall not infringe any third party rights of any nature, and any liability for the infringement of third party rights of whatsoever nature shall rest with the User.


  3. REMUNERATION

    The Company warrants, undertakes and accepts that permission to use the said photographic works, the subject matter of this Agreement will only be deemed to have been given after receipt by the Company of the agreed remuneration, and the Company fully accepts that the Company has no right to use the said photographic works in any manner until the said remuneration has been paid.


  4. LIMITED WARRANTY BY ARTBOX

    1. Artbox warrants that the Image(s) and/or CD OR DVD are free from defects in materials and workmanship under normal use for a period of 30 days from the date of download or receipt. Except for the above conditions, Artbox provides no additional warranties, either express or implied, including an implied warranty of merchantability, fitness and suitability for a specific purpose or compatibility with any computer or any kind of equipment.

    2. The sole and exclusive remedy for a breach of this warranty is the replacement of the image or a full refund of the purchase price.

    3. Artbox will replace a CD OR DVD if it is returned, along with a copy of your invoice, to Artbox or to an authorized distributor of Artbox. If Artbox cannot provide a replacement CD OR DVD that is free of defects in materials or workmanship, the user may terminate this Agreement by returning the replacement CD OR DVD to Artbox, and Artbox will issue a full refund.

    4. Artbox or any of its trustees, agents, employees, representatives or associates shall not be liable to User, under any circumstances, for any financial damages, including any lost savings, profits, or other incidental or consequential damages that come about from the use or inability to use the Image(s), even if Artbox or a Artbox distributor has been advised of the possibility of said damages, or for any claim by any other party. In the United States, some states do not allow a limitation or exclusion of liability for consequential or incidental damages, so the above limitation may not apply to you.


  5. DETERMINATION

    It shall constitute repudiation by the User of its obligations under this Agreement if:

    1. The User fails to pay any amount due under this Agreement.
    2. The User is in breach of any other term of this Agreement.
    3. Any of the User's representations shall prove to have been incorrect.


  6. MISCELLANEOUS

    1. Rights to the U.S. Government Any Image(s) purchased or provided to the U.S. Government is done so with restricted rights, as defined in the Defense Department Supplement to the Federal Acquisitions Regulations ("FAR") in paragraph S2.227.19(c)(2) of the FAR. Any governmental use of the Image(s) must comply with all regulations, laws, and rules regarding trademarks, moral rights, and currency.

    2. Additional Rights: If the User wishes to acquire further rights than are listed in this agreement, please call Artbox.com at 1-866-384-3002 for another license.

    3. UCC (Uniform Commercial Code): You agree to be bound by these terms that are made according to the Uniform Commercial Code, Article 2.

    4. Taxes and duties: User agrees to pay all taxes and duties, including sales taxes, use taxes, value added taxes, and any duties as required by any jurisdiction or country as a result of this license which is granted to you, or for your use of the Image(s), according to this Agreement.

    5. Governing Law: The provisions of this Agreement shall be governed by and construed in accordance with the laws of the State of Florida. User agrees that no Image/s will be exported, transferred or shipped into any country or used in any manner expressly prohibited by the Export Administration Act of the United States government or any other laws, regulations, or restrictions governing export. User agrees that you will obtain and maintain any non-USA government approvals and comply with all laws and regulations as necessary. This Agreement is not government by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.


  7. ARBITRATION

    This agreement is executed and is intended to be performed in the State of Florida and the laws of the State of Florida shall govern its interpretation and effect. Any controversy or claim arising out of or relating to this agreement or the breach thereof, with the exception of copyright claims, shall be submitted to arbitration in Miami, Florida, under the rules of the American Arbitration Association, if the two parties are unable to agree to arbitration terms within 30 days of initial notification that a dispute exists. Judgment on any arbitration award may be entered in any court having jurisdiction. Copyright claims will be in the jurisdiction of the Federal District court of the District of Florida.


  8. LEGAL FEES AND JURISDICTION

    If Artbox is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, User agrees to reimburse Artbox for its legal fees, costs, and disbursements if Artbox is successful. User agrees that the Circuit Court of Florida, located in Miami, Florida, and the United States District Court of Florida are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery.


  9. ENTIRE AGREEMENT

    You acknowledge that you have read this Agreement in its entirety, understand it, and agree to be bound by all of the terms and conditions in it. You further agree that it is the complete and exclusive state of the agreement between you and Artbox, and that it supersedes any proposal or prior written or oral Agreement and any other type of communication between you and Artbox pertaining to the subject of this Agreement and may not be varied except by an instrument in writing signed by all the parties to this Agreement. Any explanations on Artbox' Web site are only for information purposes and are not, and shall not be construed as part of this Agreement.


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