"Royalty Free" Still Image License Agreement:
This License Agreement is a legal agreement between you and Shadow Photography.
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 Shadow Photography and the photographer - Peter
Piatt. 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,
Shadow Photography 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; "©
Shadow Photography"
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 Shadow Photography 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.
SHADOW PHOTOGRAPHY MAKES
NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER SHADOW
PHOTOGRAPHY 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 Peter Piatt and Shadow Photography. You agree not apply any
trademark or service mark 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 California,
CA pursuant to rules of the American Arbitration Association and the laws of
California. Licensee shall pay all arbitration and court costs, reasonable Attorney's
fees plus legal interest on any award or judgment 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 SHADOW PHOTOGRAPHY BY CALLING 530-342-2328, OR BY EMAIL AT ppiatt@pacbell.net
Please address all correspondence
to:
Shadow Photography
1118 Nord Ave. #36 Chico CA 95926
Phone 530-342-2328
This document is © 2004 Shadow Photography