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.