|This is a legal agreement between you and Images 4 Communication B.V., holder of the trademark John Foxx Images, represented by Urikiri-Shashin-Kan, Inc. In using the images from the John Foxx Images collection you agree to be bound by all the terms and conditions of this agreement.
1. License Grant
All images from the John Foxx Images collection are proprietary and copyrighted. All rights are reserved by Images 4 communication. This license is granted only to the registered owner of a John Foxx Images CD-ROM. Your invoice is the proof of your registration. This license is valid with respect to the images you have purchased and only if you have paid the applicable fee. No rights may be granted to the images other than the right to use the images as part of a product or design. Images 4 Communication reserves the right to discontinue the use of any image and to replace it with an alternative image. Upon notification of the discontinuance of the right to use a particular image, you agree not to use the image in the future and to discontinue using it.
2. Permitted Usage
By this agreement, Images 4 Communication grants to you (the registered user) the non-exclusive, non-transferable right to use the images in advertising and promotional materials for you or your direct clients or customers, who must be the end-user. Examples include: advertisements, articles in magazines and newspapers, reports, brochures, books, newsletters, multimedia applications, packaging, the internet. All equipment accessing the images must be at one physical location and be operating under one organization.
3. License Restrictions
You may not:
* Copy or distribute copies of the software, documentation or the package to others.
* Sub-license, sell, re-sell, distribute, give away, lend, rent, lease or provide to others any portion of the images from the CD-ROM.
* Use any image from the CD-ROM in any form of pornography, or in any other manner which is in any way embarrassing to or defamatory of any person or entity or otherwise unlawful.
* Use images with logos or trademarks without authorization from the depositary of the logo or trademark.
* Automatically use the images in products for resale or in quantities greater than 100.000. For such use you must acquire an Extended Usage License from Images 4 Communication/Urikiri-Shashin-Kan, Inc.
* Automatically use the images for calendars, postcards, posters and framed prints intended for resale. For such use you must acquire an Extended Usage License from Images 4 Communication/Urikiri-Shashin-Kan, Inc.
* Copy the images to a network, electronic bulletin board or on-line service. The images cannot be in a downloadable or FTP format. It is allowed to use the images as a part of a design for the internet.
Images 4 Communication /Urikiri-Shashin-Kan, Inc. warrant that they have the right to grant this license to you and to the best of their knowledge, the images do not infringe any rights of copyrights or other intellectual property or proprietary rights of third parties, but no right of action shall accrue against Images 4 Communication or Urikiri-Shashin-Kan, Inc. in the event of the said images being found infringing third party rights.
Where appropriate, the images are model-released, but this release exclusively relates to the use permitted by this License Agreement.
Images 4 Communication/Urikiri-Shashin-Kan, Inc. also warrant that the CD-ROM disc is free from defects in materials and workmanship for 90 days following the receipt of the product. The images are provided as is. Images 4 Communication/Urikiri-Shashin-Kan, Inc. make no warranty of any kind on the quality of the images or compatibility with other computer products. Your sole remedy against Images 4 Communication/ Urikiri-Shashin-Kan, Inc. shall be limited to replacement of the CD-ROM. Neither Images 4 Communication/Urikiri-Shashin-Kan, Inc., nor their licensors will be liable to you for any consequential, incidental, direct, indirect or other damages arising out of the license of the image including any lost profits or any claim of a third party.
All rights to this CD-ROM and the images are owned by Images 4 Communication and its licensors and are protected by international copyright laws, international treaty provisions and other applicable laws. You must treat the images like any other copyrighted material, except to the extent that this license provides to the contrary. Images 4 Communication retains the rights not expressly granted by this agreement.
Your right to use the images terminates automatically if you violate any part of this license. In the event of termination, you must immediately destroy all copies of the images and return the CD-ROM(s) to Images 4 Communication. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this agreement. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect. In case of any problems, the court of Amsterdam, the Netherlands, will have exclusive jurisdiction.For further information contact:
Copyright 2000-2009 Images 4 Communication/Urikiri-Shashin-Kan, Inc.
For further information contact:
Torihara 2651, Hakushu-cho, Hokuto-shi,
Yamanashi-ken 408-0316, Japan