| Image Farm Inc. End-User
This Agreement (the "Agreement") is a legal license agreement
between you and Image Farm Inc. ("Image Farm") whereby
Image Farm grants you the right to use the digitized photographic
images (hereafter referred to as "the images") contained
on the accompanying Image Farm disc (hereafter referred to as "the
disc"), in accordance with the terms of this Agreement. Use
of the disc indicates that you acknowledge having read this Agreement,
and agree to be bound by the terms contained herein. If you do not
agree to the terms of this Agreement, promptly return the disc in
the original packaging to Image Farm for a full refund.
License and Restrictions:
You may: 1) use the disc only on one computer at any one time;
2) modify, copy, and incorporate the images on the disc in advertising,
communications, marketing and promotional materials, multimedia
projects, video, graphic design projects and general creative works,
that you design for yourself or your clients. You may not use the
images in any way that is not specifically allowed by this Agreement.
Without limiting the generality of the foregoing, you may not: 1)
copy the disc in its entirety or otherwise substantially reproduce
the disc; 2) copy any image from the disc onto more than one computer
at any one time; 3) redistribute or resell the disc or any or all
of the images, or modified versions of the images including, but
not restricted to, portions of the images incorporated into other
images, as another image library or as another type of product which
is similar to, or competes with, this product; 4) rent, lease, time-share
or sub-license the disc or any of the images; 5) place any of the
images on a computer bulletin board or other form of on-line or
internet-accessible service; 6) use any image(s) in any product
such that the image(s) is/are the predominant characteristic or
value of the product (for example, t-shirts, postcards, calendars,
jigsaw puzzles, etc.).
Image Farm warrants the disc to be free from defects in materials
and workmanship under normal use and service for 90 days from date
Image Farm will, at its option, replace the disc or provide a refund
of the purchase price paid for any such defective disc returned
to it. Image Farm, its distributors and dealers make no other warranties
whatsoever to you or to any other persons, whether such warranties
are express or implied, including but not limited to, warranties
as to the merchantability or fitness for a particular use or purpose.
Image Farm, its directors, officers, shareholders, employees, distributors
and agents shall not be held liable for any damages whatsoever,
whether direct, indirect, special, consequential or incidental,
arising from the use of, or inability to use, this disc or the images
thereon, including, but not limited to, lost profits or lost or
damaged data, even if you advised Image Farm of the possibility
of such damages or if they were otherwise foreseeable. Furthermore,
you agree to indemnify and hold harmless Image Farm and its directors,
officers, shareholders, employees, distributors and agents, from
any damages or liability of any kind whatsoever and howsoever caused,
arising from your use, or inability to use, this disc or the images
thereon. Some jurisdictions do not allow the exclusion or limitation
of liability for incidental or consequential damages so the above
limitation may not apply to you.
The images contained on the disc remain at all times the sole and
exclusive property of Image Farm Inc., and are protected by copyright
law. Unauthorized reproduction or distribution is subject to civil
and criminal penalties.
1. This Agreement constitutes the entire agreement between the
parties and may only be changed in writing.
2. This Agreement shall be interpreted according to the laws of
3. If any provision of this Agreement is held to be illegal or unenforceable,
such provision shall be severed from the Agreement and the rest
of the Agreement will remain in full force and effect.
If you have any questions in relation to this Agreement or the
use of the discs and images, please contact Image Farm at 416-504-4161.