THIS IS A LEGAL AGREEMENT BETWEEN YOU AND DIGITAL VISION LTD. BY USING THE PRODUCT YOU AGREE TO BE BOUND BY THIS LICENSE. IF YOU DO NOT AGREE, RETURN THE PRODUCT IN THE ORIGINAL PACKAGING WITHIN 10 DAYS FROM THE DATE YOU ACQUIRED IT FOR A FULL REFUND.
For the purpose of this Agreement "The Product" shall mean any photographic image, typeface, illustration, digital animation, film, video or other visual or auditory representation delivered in any format.
If you are entering 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 Digital Vision Ltd. grants you the non-exclusive, non-transferable license to use and modify The Product subject to the restrictions contained herein.
This license permits the following uses of The Product:
You may use The Product in your personal, professional, editorial and client projects including printed materials, advertisements, packaging, presentations, film, video, commercials for television broadcast, on-line or multimedia projects, computer games and web designs.
For Music products, when submitting programmes incorporating the recordings to broadcasters, the composer's name and track details shall, where appropriate, be included on a cue sheet.
The broadcaster will be responsible for paying public performance fees. No copyright royalty or synch fee is payable to Digital Vision or the relevant artists in respect of the uses permitted hereby, however public performance royalties will be payable in respect of composition use.
The Product may be distributed within a network or similar asset management system to no more than 10 computer/workstations within the same company or similar legal entity (with the exception of type where only 5 computers/workstations are permitted).
If The Product is to be placed onto a network of servers accessible by more than 5 computers/workstations in the case of type or 10 computers/workstations in the case of all other products, please contact your local sales office, as you will require a Seat License
You may make one copy of The Product solely for backup or archival purposes or transfer The Product to a single hard drive, provided that you keep the original and accompanying documentation in your possession.
This license does not permit the following uses:
The Product may not be sublicensed, resold or otherwise made available for use or distribution separately or detached from a product or web page. Use as a trademark or service mark is not permitted. The Product may not be placed on any electronic bulletin board, or on-line in a downloadable format, or used in a Website at a resolution higher than 72dpi. You may not include The Product in any electronic template or application, including those which are web based, where the purpose is to create multiple impressions of an electronic or printed product, including but not limited to website designs, presentation templates, electronic greetings cards, business cards or any other electronic or printed matter. It is not permitted to use The Product in any products for sale whose primary value lies in The Product itself. In the case of Images such restriction applies to retail posters, calendars, postcards and for Music, recordings exploited as stand alone or individual tracks rather than included as part of an audio-visual programme or audio programme. If you require more information on usage please contact your local sales office.
You may not use, or allow anyone else to use The Product to create pornographic, libellous, obscene or defamatory material. For uses covering sensitive subjects including, but not limited to, topics regarding sexual issues, substance abuse, physical or mental abuse, alcohol, drugs, tobacco, HIV/AIDS or serious physical or mental ailments, you must include a statement which indicates that the person is a model and is used for illustrative purposes only.
The Product may not be copied in its entirety.
You may not rent, transfer or grant any rights to The Product contained hereon, or any compilation, derivative or collective work containing The Product to any other person or organisation without prior written consent of Digital Vision Ltd.
You may not disassemble, decompile or reverse engineer or otherwise reduce to human-readable form any software included as part of The Product.
In the case of Fonts this includes use of any software programme that enables the user to edit, redesign or modify the fonts produced by this software or convert them to another font format. Using The Product in a way not covered by this Agreement or that is specifically prohibited, without prior written consent from Digital Vision Ltd, is a violation of Federal copyright law. This license is in force until it is terminated. If you do not comply with the terms and conditions above, this license automatically terminates.
At termination, the product must be returned to Digital Vision Ltd immediately.
COPYRIGHT. The Product is copyright Digital Vision Ltd. or its licensors and is protected by the United States Copyright laws, international treaty provisions and other applicable laws. No title or intellectual
property rights in The Product are transferred to you. Digital Vision Ltd. Retains all rights not expressly granted by this license.
LIMITED WARRANTY. Digital Vision Ltd warrants The Product to be free from defects in material and workmanship for 90 days from delivery.
Your sole and exclusive remedy for a breach of this warranty is the replacement of The Product or a refund of the purchase price, at the option of Digital Vision Ltd.
Digital Vision Ltd makes no other warranty nor agrees any other condition, representation or undertaking, either express or implied, of any nature, including as to merchantability, satisfactory quality, fitness for any particular use or compatibility with any computer or other kind of equipment.
Neither Digital Vision Ltd nor any of its agents or employees shall be liable to any distributor or other reseller, customer, end user or other person or any indirect, incidental, special or consequential damages (including loss of profit, business, revenue, goodwill or anticipated savings) resulting from its performance or non-performance of this Agreement or the use of, or inability to use The Product provided under this Agreement or arising (or which might be claimed) under any other cause of action or theory of claim. Moreover, the liability of Digital Vision Ltd, its agents and employees in respect of any other cause of action (whether arising in tort, contract or otherwise and notwithstanding any negligence or other fault) shall in no event exceed the sales value of The Product. Some jurisdictions do not permit the restriction of liability in respect of death, personal injury, deceit nor the exclusion of certain implied conditions and/or warranties and, accordingly, the liability of Digital Vision Ltd shall not be restricted to the extent that this is not legally permitted.
GENERAL PROVISIONS This Agreement will be governed by the laws in force in the State of New York excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that The Product will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
Digital Vision Ltd reserves the right to discontinue the license of The Product, for any reason and to elect to replace The Product with an alternative.
Upon notice of any discontinuance of a license you, and your employer and your client if applicable, agree not to further use The Product so discontinued.
