End User Licence Agreement
-AgriPics/Issues Ink
End User Licence Agreement

 

FOR PHOTOGRAPHS

 

ATTENTION: THIS IS A LICENCE, NOT A SALE. THE PRODUCT IS PROVIDED UNDER THE FOLLOWING LICENCE WHICH DEFINES WHAT YOU MAY DO WITH THIS PRODUCT AND CONTAINS LIMITATIONS ON WARRANTIES AND/OR REMEDIES.

 

LICENCE
IMPORTANT: PLEASE READ CAREFULLY BEFORE DOWNLOADING THIS PRODUCT. SINCE WE ARE NOT IN A POSITION TO OFFER GUIDANCE ON EACH INDIVIDUAL USE OF OUR DIGITAL CONTENT, PLEASE FEEL FREE TO CONSULT INDEPENDENT LEGAL RESOURCES IN CASES WHERE YOU ARE UNCERTAIN ABOUT INTENDED USAGE. SUPPLEMENTARY RIGHTS MAY NEED TO BE ACQUIRED IN SOME CASES.

 

BY ACCEPTING:

YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET OUT IN THIS IMAGE LICENCE AGREEMENT;

YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL INTERNET SERVICE PROVIDER FEES, TELECOMMUNICATION AND OTHER CHARGES THAT MAY APPLY AS A RESULT OF YOUR DOWNLOAD OF THE IMAGE(S);

and

IF YOU ARE ACCEPTING ON BEHALF OF A COMPANY, YOU REPRESENT AND WARRANT TO ISSUES INK THAT YOU HAVE FULL AUTHORITY TO BIND SUCH COMPANY.

IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOUR PURCHASE WILL NOT BE PROCESSED.

 

Issues Ink ("we" or "us") grants you a non-exclusive, non-transferable licence to use, reproduce, modify, publish, display and distribute the digitized image(s) (the "Image(s)") in accordance with the terms of this licence ("Licence"). For the purposes of this Licence, "you" means an individual or a legal entity exercising rights under, and complying with all of the terms of, this Licence. If you are using Image(s) in your capacity as an employee of a company or other legal entity, the Licence granted hereunder is granted to such entity. The licenced Image(s) may be used by up to ten (10) specific users (including yourself) provided that all ten (10) users are employed or under contract to such entity. (Please note that this is not a simultaneous user licence. This means that only the ten (10) people designated by your employer may access and use the Image(s) even if less than ten (10) persons are accessing the Image(s) at any particular time). If you have been designated by your employer as one of the ten (10) licenced users of the Image(s), you are only permitted to use the Image(s) for employer related purposes. If you would like more than ten (10) users to have access to the Image(s), please contact Issues Ink by email at issues@issuesink.com.

 

The copyright and all other rights of the Image(s) shall remain with our suppliers or us.

C. YOU MAY, subject to any restrictions set out below:

1. incorporate any Image(s) into your own original work and publish, display and distribute your work in any media.

You may not, however, resell, sublicense or otherwise make available the Image(s) for use or distribution separately or detached from a product or Web page. For example, the Image(s) may be used as part of a Web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by others. Similarly, clients may be provided with copies of the Image(s) (including digital files) as an integral part of a work product, but may not be provided with the Image(s) or permitted to use the Image(s) separately or as part of any other product;

2. store the Image(s) on a network, storage jukebox or similar device provided that only licenced users are permitted access to the Image(s) [e.g. in the case of a corporate licensee, no more than ten (10) specific users may have access to the Image(s)];

3. make one (1) copy of the Image(s) for backup or archival purposes;

4. use unwatermarked Images for compositional purposes only, and not for publication of any kind.

 

1. create scandalous, obscene, defamatory or immoral works using the Image(s), nor use the Image(s) for any other purpose prohibited by law;

2. use or permit the use of the Image(s) or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Image(s) or any part thereof;

3. use any of the Image(s) related to identifiable individuals or entities for any commercial purpose or in a manner which suggests their association with or endorsement of any product or service;

4. use the Image(s) in electronic format, on-line or in multimedia applications unless the Image(s) is/are incorporated for viewing purposes only and no permission is given to download and/or save the Image(s) for any reason;

5. rent, lease, sublicense or lend the Image(s), or a copy thereof, to another person or legal entity. You may, however, transfer your Licence to use the Image(s) to another person or legal entity, provided that (i) you transfer the Image(s) and this Licence, including all copies (except copies incorporated into your work product as permitted under this Licence), to such person or entity, (ii) that you retain no copies, including copies stored on a computer or other storage device, and (iii) the receiving party agrees to be bound by the terms and conditions of this Licence;

6. use any Image(s) except as expressly permitted by this Licence.

Government Crests, Seals and other Insignia
Various laws against misuse protect the national and municipal insignia contained on this site. Generally speaking, all logos, insignia, patches, seals, flags and coats of arms are for official use only. It is your responsibility to obey all national and international laws regulating display of the insignia, seals, flags and coats of arms contained herein.\

 

This Licence shall continue for as long as you are in compliance with the terms and conditions of this agreement. This Licence will terminate immediately if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Image(s). The Limitations of Warranties and Liability set out below shall continue in force even after any termination.

 

THE IMAGE(S) ARE PROVIDED AND LICENCED BY ISSUES INK ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND/OR DIGITAL IMAGES. NEITHER ISSUES INK NOR ITS DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF ISSUES INK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. ISSUES INK IS NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

With respect to any acquisition of the Image(s) by or for any unit or agency of the United States Government (the "Government"), the Image(s) shall be classified as "commercial computer software" as that term is defined in the applicable provisions of the Federal Acquisition Regulation (the"FAR") and supplements thereto, including the Department of Defense (DoD) FAR Supplement (the "DFARS"). The Image(s) was/were developed entirely at private expense, and no part of the Image(s) was/were first produced in the performance of a Government contract. If the Image(s) is/are supplied for use by the DoD, the Image(s) is/are delivered subject to the terms of this Agreement and either (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted rights in accordance with DFARS 252-227-7013 (c)(1)(ii)(OCT 1988), as applicable. If the Image(s) is/are supplied for use by a Federal agency other than the DoD, the Image(s) is/are restricted computer software delivered subject to the terms of this Agreement and (i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii) FAR 52.227-14(ALT III), as applicable. The contractor/manufacturer is Issues Ink; 203-897 Corydon Avenue; Winnipeg, Manitoba, Canada; R3M 0W7.

 

To be eligible to purchase a Licence for the Image(s), you must be in compliance with applicable export laws. By downloading the Image(s) you are representing and warranting to Issues Ink that you are compliant with the following statements: (i) you are not a citizen, national or resident of, and are not under the control of, the government of: Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, Syria, Taliban controlled areas of Afghanistan, nor any other country to which the United States has prohibited export; (ii) you will not download or otherwise export or re-export the Image(s), directly or indirectly, to the countries mentioned in clause (i) nor to citizens, nationals or residents of those countries; (iii) you are not listed in the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, or Specially Designated Narcotic Traffickers, nor are you listed on the United States Department of Commerce Table of Denial Orders; (iv) you will not download or otherwise export or re-export the Image(s), directly or indirectly, to persons on the lists mentioned in clause (iii); and (v) you will not use the Image(s) for, and will not allow the Image(s) to be used for, any purposes prohibited by United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. If you cannot represent and warrant that you are in compliance with the above statements, you are not eligible to purchase a Licence for the Image(s) and/or download the Image(s).

 

This Licence is the entire agreement between you and us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This Licence shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada and excludes that body of law applicable to choice of law and excludes the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. You hereby consent and attorn to the jurisdiction of the courts of such province. If any provision of this Licence is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the Licence and the other provisions shall remain in full force and effect. The parties have requested that this Agreement and all documents contemplated hereby be drawn up in English. Les parties aux présentes o nt exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.