"Royalty Free" Still Image License Agreement:
This License Agreement is a legal agreement between you and Eagle Stock Images. You are required to read and accept this license prior to purchase, purchase constitutes acceptance.
1. All images are copyrighted and all rights are owned by Eagle Stock Images and the photographer - John Herron. All rights not specifically granted to you by this Agreement are reserved. Your right to use the images contained on this CD-ROM are subject to the restrictions set forth in this Agreement and is conditioned upon your payment. Failure to make said payment and using the image commercially in any manner will constitute infringement of copyrights.
2. Under this Agreement Eagle Stock Images grants you personal, non-exclusive, non-transferable, rights to use the images contained on this CD-ROM as follows:
a) Printed Media Uses: advertising, editorials, catalogs, brochures, reports, disposable packaging, educational text books, business cards, stationary, fax cover pages, signage. Also book, album, cassette, cd, and video covers and dust jackets not produced for resale.
b) Non-printed Media Uses: web pages, broadcast video, multimedia presentations, and CD ROMs, provided that the Image is at a resolution not greater than 320 x 480 pixels and is incorporated into a design with other graphics and/or text in a fashion that it is clearly not intended to be downloaded or copied. We request that our copyright appear on the same screen as the image; "© Eagle Stock Images" or "Bald Eagle image © Eagle Stock Images".
3. No other uses are authorized under the terms of this agreement. Specifically, you are prohibited from using the images for:
a) book, album, cassette, cd, and video covers, dust jackets and back covers produced for resale.
b) posters produced for resale.
c) distribution in any electronic format, even if free, except as specified above.
d) more than one company or client
4. "Non-transferable," as used in this agreement, means that the work you produce using the images from this CD-ROM must be for your own use, or for the use of your direct employer, a single client, or a single customer, who must be the end-user of your work. You may also provide copies of the image to printers or others for the sole purpose of producing a product for you, your direct employer, a single client or single customer. You may not sell, rent, loan, give, sublicense, or otherwise transfer to anyone any of the images or the right to use the images except as noted above. You may not grant, or give the impression that you are granting, to any third party a right to use or duplicate any of the images except as granted above. You agree to take all reasonable steps necessary to prevent third parties from duplicating or distributing the images contained on this CD-ROM.
5. You may use the images on only on one computer, and used by only one user, at a time. Contents of the CD-ROM are deemed "in use" when loaded into the temporary memory or copied to a computers permanent storage such as a hard drive, tape, or floppy drive. Shared network use is not allowed under the terms of this agreement, an upgrade license is available to allow such shared uses of the CD-ROM.
6. You agree to indemnify and hold Eagle Stock Images harmless against any damages or liability of any kind arising from any use of the images and CD-ROM. The CD-ROM and images are warranted to be free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date of delivery to you as evidenced by a copy of your receipt.
EAGLE STOCK IMAGES MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER EAGLE STOCK IMAGES NOR ANY OF ITS OFFICERS, OWNERS, EMPLOYEES, PARTNERS, LICENSORS, OR AGENTS SHALL BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL, ARISING OUT OF THE USE OF, OR THE INABILITY TO USE, THE IMAGES OR CD-ROM.
7. You are not allowed to use the image that in any way would be considered defamatory, violates U.S. copyright laws, or is otherwise illegal. All photos, images and copyrights are the property of John Herron and Eagle Stock Images. You agree not apply any trademark or servicemark that would restrict the use of any of the images by other people or otherwise restrict the use of these images. Any use other than what is specifically stated above is in violation of U.S. Copyright laws and is punishable by both civil and criminal penalties. No photo may be distributed in any manner to any other party (even if no fee is involved) except as stated above. Any dispute in connection with this license including its validity, interpretation, performance or breach shall be submitted to binding arbitration in Minneapolis, MN pursuant to rules of the American Arbitration Association and the laws of Minnesota. Licensee shall pay all arbitration and court costs, reasonable Attorney's fees plus legal interest on any award or judgement in favor of the Photographer.
ADDITIONAL USAGE RIGHTS ARE AVAILABLE. IF YOU ARE UNSURE OF YOUR RIGHTS UNDER THIS AGREEMENT, OR IF YOU WISH TO USE AN IMAGE IN A MANNER NOT GRANTED UNDER THIS AGREEMENT, PLEASE CONTACT EAGLE STOCK IMAGES BY CALLING 612-677-3093, OR BY EMAIL AT firstname.lastname@example.org.
Please address all correspondence to:
Eagle Stock Images
PMB 222, 15050 Cedar Ave, #116
Apple Valley, MN 55124
Phone 612-677-3093 FAX 612-677-3093
This document is © 1999 Eagle Stock Images