EMS Productions and Eddie
Sperling License Agreement
THIS IS A BINDING LEGAL AGREEMENT BETWEEN EDDIE SPERLING AND YOU, OR,
IF YOU MAKE THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE SAME RIGHTS,
LIMITATIONS AND RESTRICTIONS APPLY TO YOUR EMPLOYER. PLEASE READ THIS
LICENSE AGREEMENT CAREFULLY BEFORE USING ANY IMAGES. BY BREAKING THE
DISC PACKAGING SEAL, OR DOWNLOADING AN IMAGE FROM THIS WEBSITE, YOU
AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE
WITH THE TERMS OF THIS LICENSE AGREEMENT, PROMPTLY RETURN THE UNUSED
DISC IN THE ORIGINAL PACKAGE FOR A FULL REFUND, OR CLICK ON YOUR
BROWSER’S BACK BUTTON TO DECLINE THIS AGREEMENT.
GRANT OF RIGHTS
Eddie Sperling grants you (or your employer) a
personal, non-transferable, non-exclusive right to transfer an image,
or collection of images (collectively “Images”) on your personal
computer. Images may be shared by creating an Image library so long as
no more than 10 specific individuals, all of whom must be employed by
the same entity, have access to the Images. When calculating this user
limitation, please note that no more than 10 individuals may have
access to the Images, even if only 10 people are accessing the Images
at any particular time. To use this product with more than 10
individuals, please contact our customer support team at info@emsproductions.com
or 1-727-643-0193.
PERMITTED USES
The Images may be used in perpetuity on a worldwide basis in personal
or commercial uses in: advertising, promotional materials, and/or
packaging; broadcast or theatrical exhibition; online or electronic
distribution including web design; for electronic or print publication;
or for personal noncommercial use including test, sample, comp or
layout. Images may be incorporated in products offered for sale where
the image is a significant part of the product (such as T-shirts, book
covers, non-disposable packaging, coffee mugs, posters, greeting cards
etc.) You will not need to purchase an additional resale illustration
license to incorporate an image into these types of products.
PROHIBITED USES
You may not use the Images in any manner that is not expressly
permitted in this agreement. All rights not expressly granted by this
agreement are retained by Eddie Sperling.
Images may not be incorporated into a derivative artwork for which a
claim of new copyright may be sought or obtained. Images may not be
incorporated in a product for the purpose of redistributing,
sublicensing or re-selling the image, and the Images themselves may not
be re-sold, licensed, or rented.
PROHIBITED SENSITIVE USE
Pornographic, defamatory, or libelous use of the Images is prohibited.
Use of the Images as a trademark or service mark, is prohibited. You
may not use the Images that depicts or identifies a real person in
connection with sensitive subject matter (e.g. sex, promiscuity,
abortion, birth control, physical and mental ailments, illicit drugs,
tobacco, firearms, infectious diseases, or the disparagement of a
product or person.) The Images may not otherwise be used in a manner
that is unlawful or misleading.
GENERAL
All rights in and title to the Images and software involved in the
distribution of the Images are owned by Eddie Sperling and its
licensors and protected by copyright and other laws. No title to or
intellectual property rights in the Images are transferred to you. All
rights not expressly granted are reserved. The Images may not be
transferred by you without the prior written consent of Eddie Sperling.
This license will terminate automatically without notice from Eddie
Sperling if you fail to pay in full for an image or breach any of its
provisions. For purposes of this license, the singular includes the
plural and vice-versa. This agreement may not be modified except in
writing, duly signed by Eddie Sperling. This agreement will be governed
in all respects by the laws of the State of Florida, and venue for all
disputes arising under this agreement, or your use of the Images, shall
lie exclusively in the Superior or Federal Courts of the State of
Florida, County of Los Angeles.
LIMITED WARRANTY AND LIMITATIONS OF LIABILITLY
Eddie Sperling warrants the Images to be free from defects in material
and workmanship for 30 days from delivery. Your sole and exclusive
remedy for a breach of this warranty is the replacement of the Image(s)
or refund of the purchase price, at Eddie Sperling's’ option.
EMS PRODUCTIONS AND EDDIE SPERLING MAKES NO OTHER WARRANTY, EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
NEITHER BRAND X PICTURES, ITS DISTRIBUTORS NOR ITS LICENSORS SHALL BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY GENERAL, SPECIAL, DIRECT,
INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES ARISING OUT OF
THIS AGREEMENT OR YOUR OR ANY THIRD PARTY’S USE OF THE IMAGES. IF EDDIE
SPERLING SHALL HAVE ANY LIABILITY OF ANY KIND TO YOU OR ANY THIRD PARTY
BY VIRTUE OF THIS LICENSE OR YOUR OR ANY THIRD PARTY’S USE OF THE
IMAGES, YOU AGREE THAT THE TOTAL AGGREGATE LIABILITY OF EDDIE SPERLING
SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE IMAGE. THIS
LIMITATION OF LIABILITY REFLECTS AN ALLOCATION OF RISK BETWEEN YOU AND
EDDIE SPERLINGIN VIEW OF THE NOMINAL LICENSE FEE CHARGED.
Copyright 2004 EMS Productions and Eddie Sperling. All rights
reserved. |
