This Agreement is a legal agreement between you (the Client) and Suite Media s.l. Please
read this Agreement carefully before using any royalty free image (''Image'') from this royalty
free CD Rom (the ''CD'').
If the Client does not wish to accept this agreement and has not used any image, then the
Client may promptly return the CD with all original packaging and material for a full refund, in a
period no longer than three (3) days.
In having access to the CD Rom, or to the images, you are acknowledging that you have read
the agreement, accepted it, and that you subscribe to the agreement for the grant of rights
which it contains.
1- Copyright/Conditions:
Images are proprietary and copyrighted and all intellectual property rights in and relating to the
Images and/or the CD is owned by Suite Media s.l. and its suppliers and licensors. The Client's
right to use an image is subject to the restrictions set forth herein, and is conditional upon
- Payment of the Licence Price for the Licence of Use which grants to the Client, the rights
of image reproduction, that consists in the fixation of the image in a support which allows its
communication and the obtaining of copies of all or part of the image.
- Compliance with the terms of this Agreement. All rights not specifically granted to you by
this Agreement are reserved by Suite Media s.l.
2- Licence Grant:
Subject to the restrictions set forth in this Agreement, Suite Media s.l. hereby grants the Client
a non-exclusive, non-transferable right to use and reproduce images from the CD only as
follows:
- For printed uses: in printed materials to be used for the advertising, products and promotion.
- For non printed uses: in non printed materials, electronic and digital materials, including
websites and multimedia presentations.
In accordance with the digital and electronic use, any image is able to be used to a resolution
greater than 480 x 640 pixels a 72 dpi.
3-Restrictions:
Any client is not allowed, without the previous written authorization of Suite Media s.l. or of the
holders of the intellectual property rights, to infringe what is said above:
- It is not possible to use the CD or any image in pornographic, defamatory, fraudulent, mental,
sexual, racism, tobacco, drugs, aids, cancer or any other context, (without limitation) that may
affect the privacy or the good name of a person.
- It is not possible to make any further distribution, sale, rent or loan of any image as well as
any part of a CD or an image.
- It is not possible to store the CD or the images in any computer system, through which, in a
posterior moment, images are able to be downloaded or distributed.
- It is not possible to carry on using a CD or image that has been licensed to the client, if the
client has received a notice explaining that such particular image has been removed, for any
reason.
- It is not possible to use the CD or the image as a part of a service trademark or registered
trademark.
- It is expressly prohibited the use of individual royalty free images and royalty free CD's, for
products which goes against and that damage, the commercial activities of Suite Media s.l., so
you are expressly informed that the images shall not be used for any product related with Suite
Media s.l., and it is not possible to carry out either, any reproduction of the images in products
and services which are of the Suite Media s.l. competence, including without limitation: stock
images, royalty free images and royalty free CD's.
- It is not possible to share the CD or the Images with others except as follows: no more than
ten (10) employers may have access to the CD and the Images. If a license is required for more
than ten (10) users, please contact Suite Media s.l.
- With respect to digital and electronic use, no image may be used at a resolution greater than
480 x 640 pixels at 72 dpi. Any image is able to be placed to a greater resolution in order to be
discharged or distributed via FTP, or through any other medium.
4- Breach of Agreement:
The Client agrees to indemnify and hold Suite Media s.l. harmless from and against any
damages or liability of any kind arising from any use of an image in breach of the terms and
conditions of this Agreement.
5- Warranties:
If this CD is defective, the Client may return it together with the original packaging and
materials for replacement or a full refund of your licence price (at Suite Media s.l. discretion)
within thirty (30) days of the date of the payment of the licence price.
THE FOREGOING WARRANTY IS IN LIEU OF, AND SUITE MEDIA S.L. HEREBY
DISCLAIMS ALL OTHER WARRANTIES CONDITIONS AND OTHER TERMS, WHETHER
EXPRESS, IMPLIED OR ARISING BY LAW. WITH REGARD TO THE CD AND THE IMAGES,
INCLUDING WITHOUT LIMITATION ANY IMPLIED TERMS AS TO MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
LAW.
6- Termination of Licence Grant:
The licence grant and your right to use the Images shall automatically terminate, without prior
notice or refund of any moneys paid, if you violate any part of this Agreement. In the event of
termination, you must immediately destroy all copies of the Images or, at Suite Media s.l.
request, return them to Suite Media s.l.
7- Disclaimer:
Suite Media s.l. shall not be liable for any damage or loss: incidental, special, indirect,
consequential or punitive (including without limitation all damages that is able to come from the
utilization of any CD or image). Suite Media s.l., and its directors, officers, employees, partners,
licensors, suppliers or agents shall not be liable either, for any undue use and manipulation of
any image.
Suite Media s.l and its directors, officers, employees, partners, licensors, suppliers or agents
shall not be liable for any difficulty or damage in relation with the impossibility to use any image
that has been licensed. Notwithstanding, the liability of Suite Media s.l. shall be limited to the
Price paid for the CD-Rom or the image.
Any use of the CD and the image is at the Client's own risk.
Suite Media s.l. and its directors, officers, employees, partners, licensors, suppliers or agents
shall not be liable for any damage for loss of business profits, business interruption, loss of
business information, any other pecuniary loss, or any special, indirect, consequential, punitive
or incidental damages arising our of the use of, or the inability to use the CD or any image, even
if Suite Media s.l. has been advised of the possibility of such damages.
In no event shall Suite Media s.l. liability (whether in tort, contract or otherwise) arising out of
or relating to the Client's use of the CD or images or the inability to use the CD or the images
exceed the fees paid by the Client for the CD.
The Client warrants that Suite Media s.l. only grants the image reproduction rights and does
not warrant having the necessary authorizations of the individual or CD's images, corresponding
to persons, marks, logos, corporations, architectonical works and others.
8- General Terms:
- If a party delays in enforcing its rights under this Agreement (whether in relation to a breach
by the other party or otherwise) or agrees no to enforce its rights, or to delay doing so, then
unless the party concerned expressly agrees otherwise, that delay or agreement shall no be
treated as waiving the rights of the party concerned. Any waiver of a party's rights in relation to
a particular breach of this Agreement shall not operate as a waiver of any subsequent breach.
- The Client may not assign or sub-contract its rights or obligations under this Agreement.
- If any provision of this Agreement is held for any reason to be ineffective or unenforceable,
this shall not affect the validity or enforceability of any other provision of this Agreement or of
this Agreement a whole.
9- Law Governing:
This Agreement will be deemed to have been entered into in Spain and shall be construed and
enforced in accordance with Spanish law. In relation to any disputes arising from or connected
with this Agreement, the parties submit to the jurisdiction of the Spanish courts.
The United Nations Convention about the Agreements for the International sale of
merchandise is not applicable to this contract.