This license agreement (Agreement) is between you,
the party licensing imagery through this Agreement (Licensee),
and DESIGN EXCHANGE CO., LTD. & DEX IMAGE PTE LTD ("Licensor").
Licensees use of the digital files (hereinafter called the
File(s)) as defined below constitutes your acceptance
of the terms of this Agreement.
Licensing Conditions
License
1. The Licensor shall grant the Licensee a non-transferable,
nonexclusive license to use the File which may be used only on
one computer at a time.
2. The Licensee may use the File purchased for the purposes below
except for those listed in the following Restrictions and Prohibited
Use. Note, however, that depending on the usage the Licensee may
be required to obtain separate permission to use and/or pay royalties
for various rights including copyrights, design rights, portrait
rights or trademark rights on the File itself or the subject featured
in the File.
1) Advertising usage
- Free handouts: pamphlets, catalogues, leaflets, direct mail,
flyers, give-aways - menus, POPs, hanging banners, calendars
- Exhibition use: displays, symbol maps, pictographs
- Facilities (public, private): signs, maps, pictographs, signboards
- Newspaper: advertisements
- Books, mooks (magazine-books): advertisements
- Magazines: advertisements
- Free publications: advertisements
- Corporate websites: advertisements (banners)
- Broadcasting industry such as TV (analog, digital broadcasting):
advertisements
2) Use as a component in a work
- Newspaper: articles
- Books, mooks: covers, articles
- Magazines: covers, articles
- Free publications: covers, articles
- CD-ROM (processing/editing-use): packages, manuals, in CD-ROMs
- Videos: packages, in videos
- Musical pieces: packages, booklets, in CDs
- Games software: packages, manuals, in games
- Broadcasting industry such as TV (analog, digital broadcasting):
programs (incl. reruns, video releases)
- Commercial films: in films (incl. video releases)
- Corporate websites: articles
- For educational materials: data, figures/illustrations
3) For private use or for internal company
use and presentations
- Personal printing such as New Years greeting cards, Christmas
cards
- Personal websites
- Materials for project proposals or presentations
Restrictions
The Licensee shall not:
1. make a copy or copies of the File, except when it is necessary
to use the File on only one computer or to use the File as described
above;
2. use the File to provide a download service on the Internet
(including greeting card services);
3. use the File as the principle component of commercial products
including postcards, calendars and stickers;
4. use the File for production and sale or production services
of postcards, name cards or illustrations; or
5. use the File in any image (visual identity) representing a
product, service or a campaign of any specific business entity
(use File as a feature in promotional activities generally requiring
significant investment).
A separate license is required if intended usage
is listed under Restrictions. For details, please contact us.
Prohibited Use
The Licensee is strictly prohibited from:
1. transferring a license based on these licensing conditions
to a third party, or having a third party use the File on loan
or otherwise;
2. using the File without processing or editing;
3. using the File without combining with other materials;
4. misusing the File to produce and sell similar services or similar
products;
5. using the File for a logo of any specific business entity or
in a character which represents the corporate philosophy (corporate
identity); or
6. using the File for a purpose that is offensive to public order
and morals, or for the purpose of slander or defamation; or use
in a manner that may deny or damage the inherent characteristics
of the subject featured in the File.
Terms and Conditions of Licensing
1. Upon violation of these licensing conditions by the Licensee,
the license granted to the Licensee shall be revoked without notice
immediately, and Licensee will not be permitted to use the File.
2. At any time during the term of this Agreement, the Licensor
may notify the Licensee that the use of the File, for which the
license has been granted under these licensing conditions, has
been restricted or terminated, by giving the Licensee a notice
in a form determined by the Licensor (the Notice).
The license granted to the Licensee by the Licensor shall be withdrawn
immediately upon the issuance of such Notice.
Copyrights and Other Intellectual Rights
Granting of the license under these licensing conditions does
not constitute the transfer to the Licensee of copyrights and
other intellectual rights of any kind pertaining to the File.
All the rights are reserved as the exclusive property of the Company
or of the author(s) who have granted the Licensor the right to
use the File.
Disclaimers
1. If the File is purchased by downloading, there can be no exchange,
return, or cancellation of purchase, unless the File cannot be
used due to any defect attributable to the Licensor, such as any
damage detected in the File itself that is stored in the distributors
server.
2. The Licensor and the author(s) who have granted the Licensor
the use of the File shall provide no guarantee of any kind, including
any guarantee that the File does not infringe upon the rights
of a third party, or that the File is marketable or suitable for
specific purposes.
3. The Licensor and its distributor assume no liability whatsoever
for any damage or loss that may arise from the use of the File.
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