License

Autumn Publishing, Inc.

Royalty Free DVD End-User License Agreement

The following is a legal agreement between you (the Licensee) and Autumn Publishing, Inc. (hereinafter Autumn Publishing). Please read this Agreement carefully before purchasing and using any Autumn Publishing royalty-free image ("Image") from the DVD. Subject to your payment of the appropriate license fee, by using an Image or otherwise exercising the rights granted under this agreement, you agree to be bound by the terms of this Agreement.

1. The Images on the DVD and our website are copyrighted. The copyrights to the Images on this Autumn Publishing DVD are owned by the individual photographers who created the Images and/or Autumn Publishing. All rights not specifically granted to you by this Agreement are reserved by Autumn Publishing.

Your right to use an Image is subject to the restrictions set forth in this Agreement, and is conditioned upon your payment of the purchase price for the Image prior to your use of an Image and your compliance with the terms of this End-User License Agreement.

2. Grant of Rights . Subject to the terms of this Agreement:

2.1 Autumn Publishing grants to Licensee a perpetual, non-exclusive, non-transferable, non-sub licensable, worldwide right to reproduce the Licensed Material identified in the Invoice an unlimited number of times in any and all media for all purposes other than those uses prohibited under Section 3 of this Agreement.

2.2 Licensee may have the Licensed Material reproduced by subcontractors of Licensee for preparation of a final product, provided that such subcontractors agree to abide by the provisions of this Agreement.

2.3 Licensee may store the Licensed Material in a digital library, network configuration or similar arrangement to allow the Licensed Material to be viewed by employees, partners and clients of Licensee, so long as there are no more than ten (10) Users. Licensee must purchase additional seat licenses if there are more than ten (10) Users before such additional use begins.

3. Restrictions.

3.1 Licensee may not sublicense, sell, assign, convey or transfer this Agreement or any of its rights under this Agreement.

3.2 Licensee may not: (i) make the Licensed Material available (separate from the end product into which it is incorporated) in any medium accessible by persons other than authorized Users; (ii) sell, license or distribute any end product containing the Licensed Material in a way that is intended to allow or invite a third party to download, extract or access the Licensed Material as a standalone file; (iii) include the Licensed Material in an electronic template intended to be Reproduced by third parties on electronic or printed products; or (iv) use or display the Licensed Material on websites or in any other medium designed to induce or involving the sale, license or other distribution of “on demand” products, including, without limitation, postcards, mugs, t-shirts, calendars, posters and other items; (v) use the images for “retail photo products” (including, but not limited to greeting cards, calendars, postcards,photographic coffee table books, photographic souvenir books,t-shirts, and mugs that are offered for sale.

3.3 Licensee may not post Licensed Material on a website at higher resolution than 100 dpi.

3.4 Pornographic, defamatory or otherwise unlawful use of Licensed Material is strictly prohibited, whether directly or in context or juxtaposition with specific subject matter.

3.5 If the Licensed Material is reproduced in an editorial manner, Licensee must include the following credit adjacent to the Licensed Material: “AutumnPublishing.com”.

4. You agree to indemnify and hold Autumn Publishing harmless against any damages or liability of any kind arising from any use of an Image other than the uses specifically permitted by this Agreement.

5. Neither Autumn Publishing nor any of its directors, officers, employees, partners, licensors, or agents shall be liable for any indirect, consequential punitive, or incidental damages arising out of the use of, or the inability to use, an Image, even if Autumn Publishing has been advised of the possibility of such damages. In no event shall Autumn Publishing's liability (whether in tort, contract, or otherwise) arising out of or relating to your use of Images or inability to use any Images exceed the fees paid by you for the DVD.

6. DIGITAL FILES ARE PROVIDED "AS IS." AUTUMN PUBLISHING MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OF IMAGE, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM. THE FOREGOING WARRANTY IS IN LIEU OF, AND AUTUMN PUBLISHING HEREBY DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR ARISING BY LAW, WITH REGARD TO THE IMAGES.

7. This Agreement shall be governed by the laws of the State of Virginia, except its conflict of laws rules. Venue for any action respecting this Agreement, the DVD, or use of the DVD or an Image shall be Fairfax County, Virginia and you hereby consent to the jurisdiction of such courts.

Additional rights are available. If you are unsure of your rights under this agreement, or if you wish to use an image in a manner not permitted under this agreement, please contact customer service by email at autumnpublishing@verizon.net. We can arrange for a license upgrade if necessary.

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