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Bigshot
 License Agreement

The following is a legal agreement between you and Bigshot Media, Inc. ("Bigshot"). Please read this Agreement carefully before purchasing and using any Bigshot royalty-free graphic ("Graphic") from the Bigshot web site. Graphic includes any program, software, data, data structure, objects or modules used to run or display the graphic or animation. By using a Graphic or otherwise exercising the rights granted under this agreement, you agree to be bound by this Agreement.

1. The Graphics and Web site are copyrighted. All rights are owned by Bigshot and its suppliers. All rights not specifically granted to you by this Agreement are reserved by Bigshot. Your right to use a Graphic is subject to the restrictions set forth in this Agreement, and is conditioned upon your compliance with the terms of the End-User License Agreement.

2. By this Agreement, Bigshot grants to you a non-exclusive, Non-transferable right to use, publicly display and reproduce purchased Graphics from the Bigshot Web site in the following, and only the following, ways:

(1) In Electronic Uses: as a part of the graphic content of any electronic or digital materials, including screensavers, electronic greeting cards, wireless or PDA Web sites, web advertisements, banner ads, broadcast video, multimedia including film and video, kiosks, PowerPoint presentations and CD-ROMs, provided that each Graphic is incorporated into a design in such a fashion that it is clearly not intended to be downloaded or copied by the end-user, target audience or recipient of such Graphic.

(2) In Print Uses: any printed, tangible materials including greeting cards, T-shirts, postcards, posters, phone cards, credit cards, templates, CD covers, cassette covers, board games, calendars, magazines, newspapers, resale products; advertising, editorials, catalogues, brochures, reports, disposable packaging, book covers, and educational text books;


3. "Non-transferable", as used in Paragraph 2, means that the work you produce using a Graphic must be for your own use, or for the use of your direct employer, client, or customer, who must be the end-user of your work. You and your employers, clients, and customers may not sell, rent, loan, lease, give, sublicense, trade, exchange, make available for exchange or download, or otherwise transfer to anyone either the Graphic, or grant any other person the right to use the Graphic except insofar as a Graphic has been incorporated by you into one of the permitted uses enumerated in Paragraph 2 of this Agreement). You may not provide or permit any of your clients, employers or customers to use the Graphic by way of a service bureau, application service provider or time-share. You agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the Graphics.

4. You may not place the Graphic on computer or other storage device that is accessible by more than one user at a time via a network connection, wireless interface, or otherwise where the purpose is the exchange of Bigshot Media, Inc. files or any other copyrighted material. As well, you agree not to reverse engineer or decompile any Graphic. You also agree not to apply for any intellectual property rights (including copyright or patent rights) in respect of the Graphic. You will not attack or attempt to invalidate any of Bigshot Media, Inc.'s intellectual property rights in the Graphic. You agree not to use the Graphic in any unsolicited mass e-mail messages, in any usenet, Forum, listserv or the like where it is prohibited under the rules of the usenet, forum or listserv, or use the Graphic in association with any virus, trojan horse or the like.

5. Use of the graphic in any pornographic, racist, sexist, obscene, discriminatory, hate or other unlawful material, program or application is prohibited.

6. You agree to indemnify and hold Bigshot harmless against any damages or liability or any kind arising from any use of the Graphic other than the uses specifically permitted by this Agreement.

7. Neither Bigshot, 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 a Graphic, even if Bigshot has been advised of the possibility of such damages or any economic loss, interruption or loss of service or loss of data in any system or application in which the Graphic is used. In no event shall Bigshot's liability (whether in tort, contract, or otherwise) arising out of or relating to your use of the CD or Graphics or inability to use the Graphics exceed the fees paid by you for the license of the Graphic(s).

8. THE GRAPHIC IS PROVIDED "AS IS" AND BIGSHOT HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, AND MERCHANTABILITY. SHOULD THE GRAPHIC NOT FUNCTION ACCORDING TO YOUR WISHES, BIGSHOT'S ONLY RESPONSIBILITY AND LIABILITY UNDER THIS WARRANTY, AND YOUR SOLE AND EXCLUSIVE REMEDY WILL BE FOR BIGSHOT TO, AT BIGSHOT'S SOLE DISCRETION, PROVIDE YOU WITH ANOTHER COPY OF THE GRAPHIC.

9. This Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein.

10. In the event that one portion of this Agreement is unenforceable, the remainder of the Agreement will remain in full force.


11. If you require an amendment to this agreement, please contact us. No amendment will be binding unless signed by both parties.

12. This constitutes the entire agreement between us. It supercedes any previous or collateral discussions or correspondence we may have had.

1. We may change the terms of this agreement by providing you with notice of the change 14 days in advance. The change may be posted on our web site. This will be deemed to notify you of the change.

2. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of our web site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

3. Bigshot may terminate this license if you are in breach of any of these provisions. Your obligations under paragraphs 3, 4, 5, and 6 shall survive termination of this agreement. After termination your license under section 2 ceases and you will stop all use or public display of the Graphic and any use or public display by your employers, clients or customers.

If you are unsure of your rights under this agreement, or if you wish to use a Graphic in a manner not permitted under this agreement, please contact customer service by e-mailing us at info@bigshotmedia.com. We can arrange for a license upgrade if necessary.