Medicinal Plants - Volume I CD

Licensing Agreement

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE STEVEN FOSTER GROUP, INC. BY OPENING THIS PACKAGE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, PROMPTLY RETURN THE CD PACKAGE IN THE ORIGINAL CARTON FOR A FULL REFUND.

GRANT OF LICENSE

Steven Foster Group, Inc., grants you a personal, nontransferable, nonexclusive, nonsublicensable right to use the "Steven Foster Photography Medicinal Plants - Volume I" images on this disk and any derivatives or copies (collectively, the "Medicinal Plant Images") on one computer and with one user at a time.

The Medicinal Plant Images may be used:

(i) in materials for PERSONAL, INTERNAL, COMPANY and TEST or SAMPLE use, including COMPS (i.e., rough or draft layouts for client review) and for BROWSING,

(ii) in ADVERTISING and PROMOTIONAL MATERIALS,

(iii) in ANY ON-LINE or other ELECTRONIC DISTRIBUTION SYSTEM (including in your web page design) and in BROADCASTS, and

(iv) in ANY PRODUCT except printed books, or music CD, album, cassette tape or software packaging, or any for-sale product produced in quantities larger than 100,000 units. (For information on how to license Images for these restricted uses, please see "Additional Rights Available" below.)

The Medicinal Plant Images may not be sublicensed or made available for use or distribution separately or detached from your product or web page. For example, you may use the Medicinal Plant Images as an integral part of your web page design, but you may not make the Medicinal Plant Images available for downloading separately or in formats designed or intended for permanent storage or re-use by web site users. Similarly, you may provide your clients with copies of the Medicinal Plant Images (including digital files) as an integral part of your work product, but may not permit them to use the Medicinal Plant Images separately. If your client wishes to use an image separately, either you on behalf of your client or your client must license that image for your client's separate use, by contacting Steven Foster Group, Inc.:

sfoster@stevenfoster.com

1-479-253-2629 (U.S.A)

FAX: 479-253-2693

Except as specifically provided above, you may not copy this disk.

Pornographic, defamatory, libelous or otherwise unlawful use of the images is prohibited.

ADDITIONAL RIGHTS AVAILABLE

If you are unsure of your rights under this agreement or would like to use an image in a printed book, or in music CD, album, cassette tape or software packaging, or in any for-sale product produced in quantities larger than 100,000 units, please contact Steven Foster Group, Inc. at the telephone number, fax number or email address listed above for more information.

WARRANTIES

Steven Foster Group, Inc., warrants this disk to be free from defects in material and workmanship for 90 days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of the disk or refund of the purchase price, at Steven Foster Group, Inc.'s option.

STEVEN FOSTER GROUP, INC., MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not permit the exclusion of implied warranties, and you may have other rights which may vary from state to state, NEITHER STEVEN FOSTER GROUP, INC. NOR ITS LICENSORS SHALL BE LIABLE TO YOU FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES ARISING OUT OF THE LICENSE OF THE IMAGES OR OTHERWISE.

Every effort has been made to properly identify the plants contained on this CD. However, we cannot guarantee the identity or accuracy of botanical nomenclature, given the changing nature of taxonomic science, and complexity of plant identification.

GENERAL

All rights to this disk and the images are owned by STEVEN FOSTER GROUP, INC., and its licensors and are protected by United States copyright laws, international treaty provisions and other applicable laws. Steven Foster Group, Inc., and its licensors retain all rights not expressly granted by this agreement. This disk is licensed only to you and may not be transferred without the prior written consent of Steven Foster Group, Inc. The license contained in this agreement will terminate automatically without notice from Steven Foster Group, Inc. if you fail to comply with any provision of this agreement. Upon termination, you must immediately (i) stop using the disk and the images, (ii) return the disk and all copies of it to Steven Foster Group, Inc., and (iii) delete the images and all copies from all magnetic media and destroy all other copies of the images, or upon request of Steven Foster Group, Inc., return all such copies to Steven Foster Group, Inc. Your use of the images must be in compliance with all applicable law, including, but not limited to, laws and regulations relating to currency and the law of moral rights. This disk and the images are "Restricted Computer Software." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this agreement and as provided in DFARS 227.7202-1(a),), and 227.7202-3(a)) (1995), DFARS 252.227.7013 (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52-227-14, as applicable.

 

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