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.).

Limited Warranty:

Image Farm warrants the disc to be free from defects in materials and workmanship under normal use and service for 90 days from date of delivery.
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.

Copyright:

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.

General:

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 Ontario, Canada.
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.

Questions:

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.