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FreeFoto.com Commercial Use License Agreement
 
FreeFoto.com Commercial Use License Agreement 

THIS LICENSE AGREEMENT controls your right to use any image(s) supplied by FreeFoto.com for general purposes. This Agreement is a legal contract that specifies the terms of the license and warranty and liability limitations between you and FreeFoto.com for any image(s) supplied by FreeFoto.com. You agree to be bound by the terms hereof by accepting any image(s).



IN CONSIDERATION of the payment of the fees stated for accepting one or more photographic images from FreeFoto.com, and in further consideration of your acceptance of the provisions of this agreement, FreeFoto.com hereby grants you a personal, non-transferrable, nonexclusive, limited right to use such images subject to the following terms and conditions:



Use. You are licensed to use the image(s) worldwide, with no limit on the number of times used, for the following purposes ONLY: ADVERTISING, PROMOTIONAL MATERIALS, POSTERS, POSTCARDS, and PRODUCT PACKAGING, ONLINE and WEB PAGES, ANY and ALL PRODUCTS, PUBLICATIONS (print or electronic), INCLUDING PRODUCTS FOR SALE, and FUND RAISING.



The image(s) itself (themselves) may not be copied, distributed or used other than as set forth above. Under no circumstances shall the image(s) be used for pornographic, libellous, defamatory or any other improper or illegal purposes.



The user has no right to use the photographic images relating to any identifiable persons, goods or entities in any way likely to bring the image of such persons, good or entities into disrepute, in particular by conferring upon them anything of a scandalous, obscene or immoral or similar nature, or which might suggest any link or association with any product, service or concept, by giving them a polemical, unfair, parasitical or defamatory nature.



Unless we indicate that an image has a model or property release, no such release exists. FreeFoto.com gives no representations or warranties with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in any image, and you must satisfy yourself that all necessary rights, consents or permissions as may be required for reproduction are secured.



Ownership. All rights to the image(s) are owned by FreeFoto.com and are protected by United States copyright laws, international treaties and other applicable laws. FreeFoto.com retain any and all rights, titles and interests not expressly granted by this license agreement. You may not transfer, assign or sublicense the image(s) without the prior written consent of FreeFoto.com. Any attempt to transfer or assign this license without prior written consent to do so shall automatically terminate this license.



Use, duplication or disclosure of the image(s) by the United States of America is subject to 'Restricted Rights,' as that term is defined in the Department of Defense Supplement to the Federal Acquisition Regulations, and to paragraph 52.227-19(c)(2) of the Federal Acquisition Regulations.



User Warranties. You warrant that you will take all necessary steps to prohibit and prevent duplication or further distribution of the image(s).



FreeFoto.com Warranties. FreeFoto.com warrants that the supplied digital image(s) are shall free from material defects in material and workmanship for thirty (30) days from the time of delivery. Your sole and exclusive remedy for a breach of this warranty is shall be the replacement or of the image(s) or refund of the purchase price at the sole option of FreeFoto.com. FreeFoto.com MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not permit the exclusion of implied warranties and you may have other rights, which vary from state to state.



Damages. IN NO CASE SHALL FREEFOTO.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF FREEFOTO.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL FREEFOTO.COM' LIABILITY UNDER ANY LEGAL THEORY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU TO FREEFOTO.COM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE WARRANTIES IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.



(USA ONLY) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.



The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the agreement between FreeFoto.com and you. FreeFoto.com would not be able to provide the image(s) on an economic basis without such limitations.


(Outside of the USA only) The limitations or exclusions or warranties and liability contained in this agreement do not effect or prejudice the statutory rights of a consumer; i.e., a person acquiring goods otherwise than in the course of business. FreeFoto.com shall not be liable for any general, special, direct, indirect, incidental or consequential damages arising out of the license and use of the image(s).



Notices. Any notices or requests to FreeFoto.com may be addressed to the company at our UK Registered Office: 29 Uldale Drive, Stockton on Tees, TS16 9BW, UK or by e-mail addressed to ian@freefoto.com



Termination. This agreement shall immediately terminate upon violation of any of its provisions. Upon termination you must immediately stop using the image(s), delete all copies of such image(s) from your computer and all magnetic media.



YOUR ACCEPTANCE OF ANY IMAGE(S) CONSTITUTES YOUR CONSENT TO AND ACCEPTANCE OF THE FOREGOING IMAGE LICENSE.

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