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| 1- GRANT OF LICENSE,
GENERAL TERMS: Licensor owns and distributes the purchased products. In accordance with this agreement, Licensor grants Licensee a non-exclusive website license to use the product(s) on their website(s). Licensor retains titles and ownership of the Product, and gives up no legal rights as part of this agreement. Licensee agrees not to sell or distribute the images via any physical method (such as diskette, CD-ROM, paper printing, or any other technology not specifically named in this document) without additional written permission and payment of fees. Licensee acknowledges that unauthorized reproduction of copies of the licensed material may constitute a serious crime, and that such actions may also result in a suit for damages, injunctive relief, and attorney fees, pursuant to this agreement and to other rights that the licensor may have. It is understood, not withstanding any other provisions of this agreement, licensor has the unequivocal right to obtain timely injunctive relief to protect the proprietary rights of Licensor. Licensee must provide a complete list of domains in which material is to be used. 2- ACCEPTABLE USES
OF LICENSED CONTENT: Thumbnail Posts: Up to twent (20) images may be used at one time in a thumbnail post URL, so long as the material remains hosted at the licensee's site. If the material is to be hosted at the Thumbnail post's URL, then up to fifteen (15) images may be used, providing that all images are clearly identified as being from the Licensee owned site, and a link to that site is provided. Movie Posts: Up to six (6) videos and a maximum of 90 seconds may be used at one time in a movie post URL, so long as the material remains hosted at the licensee's site. If the material is to be hosted at the post URL, then up to three (3) videos and a maximum of 20 seconds may be used, providing that all images are clearly identified as being from the Licensee owned site, and a link to that site is provided. All of the material contained on the Product may be used as "web content" on up to three (3) domains owned by the Licensee. Product cannot be resold or placed on a website with the intent to resell content to others. Product may not be used on any type of leased product made available to other webmasters. All elements
cannot not be used for banner usage or webpage design are to be placed
behind some form of membership only access system, such as an
Adult Verification Service, or
a paysite membership system. 3- UNACCEPTABLE USES
OF CONTENT: Licensee may not post the product to any "Newsgroup" servers. Licensee is NOT licensed to rent, lease, transfer, network, reprise display, or distribute the materials, except as specifically provided above. You may not knowingly allow other websites to use the product, either by renting it's usage on your site, or by allowing them to link to your website. Exception: Thumbnail & Movie postings, as provided above. 4- CONTENT EDITING
PROVISIONS: Editing of the images to make them suitable for sample images is encouraged, such as pixelating areas of the photo unsuitable for children to view, when the photos may be in an area where children can see them. Creation of Thumbnail images to use on a licensee's site is allowed. "Cropping" of the material is allowed. Changing the file format and compression technique used is allowed. Adjusting/Altering color, gamma, attributes is allowed. You may rename files. Editing the files to make them more suitable for your usage is allowed, however, changing the content of the material (such as morphing or editing another person or object into the photo, or changing the appearance of one that is there), is NOT allowed. Image Watermarks or Imbedded code (such as JPG comments) may not be removed by the Licensee. 5- PAYMENT OF ROYALTY 6- REVOCATION OF
LICENSE The License is automatically revoked if the Licensee declares bankruptcy, obtains a refund of the product payment, or causes the product payment to become invalid through any action, such as fraudulent use or credit card chargeback. Involuntary revocation of the license does not grant Licensee any refund of the payment made. 7- MODIFICATIONS 8- TRANSFER OF RIGHTS 9- ENTIRE AGREEMENT 10- SEVERABILITY 11- WAIVER OF CONTRACTUAL
RIGHT 12- APPLICABLE LAW info@overboardvideo.com |