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RIGHTS-MANAGED & ROYALTY-FREE END USER LICENSE AGREEMENTSRIGHTS-MANAGED END USER LICENSE AGREEMENT This is a legal agreement between you, or your company, firm or other organization ("Licensee" or "You"), and Alaska Stock, LLC, ("Alaska Stock" or "Licensor"), for licensing reproduction rights for any image(s) on this web site or that are sent to you electronically from Alaska Stock. Please read this agreement carefully before purchasing, downloading or using any images from Alaska Stock, whether from this website or sent to you from our office. Your right to reproduce an image(s) is subject to the terms, conditions and restrictions set forth in this agreement as well as our general Terms of Use or use of this web site, and is conditioned upon your full payment of the license fee prior to your reproduction of the image(s). By clicking the "I accept" button or by downloading any image(s), you agree to be bound by the terms of this agreement. If you do not agree to be bound by all of the sections on this license agreement, do not purchase an image(s) from this site but instead click on the "cancel" button to decline this agreement and do not download any image(s). If you are entering into this agreement on behalf of your employer, the license granted and restrictions and limitations recited herein apply to your employer, and to you as a representative of your employer. 1. Grant of License and Payment You agree not to reproduce or use the High-Resolution image(s) in any manner whatsoever including but not limited to layouts, "comps", color separations or your final product ( ad, magazine layout, etc.) until you first negotiate a use fee and pay our invoice for the uses you require. (Low-resolution images, including Thumbnails and Previews, may be used in materials for Test or Sample use ONLY, including Comps and Layouts.) No rights are granted until payment is made in full to Alaska Stock, even though you have received an INVOICE & USE RIGHTS LICENSE. The INVOICE & USE RIGHTS LICENSE we grant is only to you and cannot be assigned or transferred without our proper written consent. Your use of an image is strictly limited to the parameters established on our INVOICE & USE RIGHTS LICENSE under "Use Rights Granted". Any use beyond those specified under "Use Rights Granted" is a violation of U.S. copyright law. Should you fail to pay our invoice, we will contact your end client to notify them they are in violation of the U.S. copyright law and proceed with legal proceedings. In the event material from Alaska Stock is published or used in any way without first obtaining a proper INVOICE & USE RIGHTS LICENSE for that use, Alaska Stock may seek damages against you and/or the end user of the material for copyright infringement. At its option, Alaska Stock may issue a retroactive use license for material used without proper license in place prior to use. Unless specifically stated under "Use Rights Granted", licenses do not include any form of electronic reproduction of the image. Image may not be used in re-releases, additional press runs, a longer period of time than specified, subsequent or collective editions without first obtaining additional use rights. 2. Restrictions as to Use of Image(s). The Image(s) is/are strictly limited to the specific use, medium, period of time, print run, placement, size of image, territory and any other restrictions specified on our INVOICE & USE RIGHTS LICENSE. The terms specified on the INVOICE & USE RIGHTS LICENSE shall not be modified without the express written consent of Alaska Stock. Any attempted deviation from the terms of our INVOICE & USE RIGHTS LICENSE is a violation of this agreement and the copyright act and shall nullify Alaska Stock's indemnity obligations, and the representations and warranties made by Alaska Stock hereunder. Fees assessed for your use of the Image(s) depends on the nature of the rights granted. You shall not undertake any expanded use of the Image(s) without the prior approval of Alaska Stock and the payment of any additional use fees required by Alaska Stock for such expanded use. You shall promptly notify Alaska Stock of any expanded use of the Image(s) for which you have not received Alaska Stock's prior approval, and shall pay to Alaska Stock any additional Use Fee required by Alaska Stock for such expanded use. Any rights we grant to you for image(s) from this web site are non-transferable. You may not re-sell, rent, loan, give, sublicense, or otherwise transfer to anyone the image(s) or the right to reproduce the image(s) (except insofar as it has been incorporated by you into one of the permitted uses outlined in the INVOICE & USE RIGHTS LICENSE) and nothing you produce shall grant or purport to grant to any third party a right to reproduce or duplicate the image(s). You agree to take all commercially reasonable steps to prevent third parties from reproducing, duplicating, or distributing the image(s). Licensee may not incorporate the licensed Image in any logo, trademark or service mark. Licensee may not archive, republish or transmit any images on any database or to a network or bulletin board or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from ALASKA STOCK. Licensee may not use the Image(s) contrary to any restriction on use provided to Licensee prior to or at the time the Image is delivered to Licensee. Restrictions may be provided with the Image information located on ALASKA STOCK'S or any authorized distributor's website or otherwise communicated. Licensee may not use any of the Images in any manner prohibited by any export laws, restrictions or regulations. Licensee may not use any Image in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter. 3. Overdue Invoices Your use of the image(s) is predicated on the payment in full for the use of the image(s). Should you use an image(s) and not make full payment, you are in violation of U.S. copyright law and subject to penalties. In such a case, Alaska Stock reserves the right, in its sole discretion, to revoke the license if payment is not made in full, and may use all legal means to collect damages. Unless you pay immediately by Credit Card, all invoices are payable net thirty (30) days or previous to your use of the image, whichever comes first. A finance charge of 1.5% per month will be applied on any balances unpaid after thirty (30) days. 4. License Cancellation Fee If Alaska Stock receives your request in writing to cancel the License within 30 (30) days of the date of downloading or otherwise taking delivery of the Image(s), Alaska Stock may cancel this License Agreement and issue a credit to your account or credit card equal to one hundred percent (100%) of the License fee. No refunds or cancellations will be accepted after thirty (30) days with the subsequent exception as mentioned in Section 7, "Warranty and Limitation of Liability", Paragraph 2. 5. Additional Rights If you are unsure of your usage rights under this agreement, or if you wish to use an image(s) in a manner not specified or permitted under this agreement, please contact Alaska Stock by telephone at 800-487-4285 or e-mail: infoweb@alaskastock.com. 6. Copyright All images on this web site are copyrighted and subject to the copyright law. Alaska Stock and its represented photographers, who shot the image(s), own all rights to the image(s). All rights not specifically granted to you by the INVOICE & USE RIGHTS LICENSE are reserved. Any use beyond those specified under "Use Rights Granted" is a violation of U.S. copyright law. You agree to provide applicable copyright notice and/or protection of image(s) in your final product. You do not acquire any right, title or interest in or to any image(s) by the download of an image(s) or by the granting of the license to reproduce an image(s). No copyright material shall be removed from any digital file. 7. Photo Credit & Samples The following credit line must appear adjacent to any licensed image(s) utilized in an editorial manner: (Photographer's name)/Alaska Stock.com. We will provide you the name of the photographer upon licensing the image. Unless otherwise agreed in writing, if any Licensed image(s) you reproduce for editorial purposes (i.e., for any non-promotional purpose) omits the credit line specified above, or any other credit line specified by Alaska Stock, the use fee will be doubled. No photo credit is needed when used for advertising purposes. You agree to provide Alaska Stock with two copies of reproductions produced. It is agreed that Alaska Stock may use and publish the samples provided for its own self-promotion in print or electronic form. 8. Warranty and Limitation of Liability ALASKA STOCK warrants that: (i) it has all necessary rights and authority to enter into and perform this Agreement; and (ii) the digital or analog copy of the Licensed image(s) in the form downloaded by you or delivered by Alaska Stock by any means to you will be free from defects in material and workmanship (not including "artifacts" or other flaws inherent in prints of the particular vintage) for thirty (30) days from the date of delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the digital or analog copy of the Licensed Material or refund of the License fee paid by you, at Alaska Stock's option. The representations and warranties of Alaska Stock made herein will have no force or effect if the licensed image(s) are used by you in any manner not specifically authorized in this agreement or you are otherwise in breach of this agreement. Without limiting the foregoing, Alaska Stock gives no rights or warranties with respect to the use of names, trademark, logo types, registered or copyrighted designs or works of art depicted in any picture, and the user must satisfy itself that all necessary rights, consents or permission as may be required for reproduction are secured. Alaska Stock has identified the caption for each image to the best of its ability, but cannot be held responsible for erroneous or incomplete caption information. Alaska Stock makes no representation or warranties as to the accuracy of the content, or that the use of the site will be uninterrupted or error free. The use of the AlaskaStock.com web site is at your own risk. All rights not specifically granted herein to you are reserved for Alaska Stock's use and disposition without any limitations whatsoever. GENERAL DISCLAIMERS AND LIMITATION OF LIABLILITY ALASKA STOCK MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE IMAGES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALASKA STOCK SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE IMAGES OR OTHERWISE, EVEN IF ALASKA STOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. ALASKA STOCK'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE IMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE IMAGE(S). THE REPRESENTATIONS AND WARRANTIES MADE BY ALASKA STOCK IN THIS AGREEMENT APPLY ONLY TO THE IMAGE(S) AS DELIVERED BY ALASKA STOCK AND WILL BE INVALID IF THE IMAGE(S) IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT. 9. Indemnification You agree to indemnify and to hold Alaska Stock, its officers, directors, employees, photographers and agents harmless from any claims, liabilities, losses and damages (including reasonable attorney's fees and expenses) arising from any use or reproduction of the image(s) and/or use of the AlaskaStock.com web site. 10. Condition of Licensed Image(s) You are responsible for examining all licensed image(s) for possible defects prior to reproduction. Alaska Stock shall not be liable for any loss or damage suffered by you or any third party, whether directly or indirectly, arising from any alleged or actual defect in any Licensed image(s) or its caption or in any way from its reproduction. 11. Releases Images marked on the preview page: "This image is released" have a valid model and/or property release. However, no model releases or other releases exist on any Images unless the existence of such release is specified in writing by Alaska Stock. To avoid mistakes, always double check with us to be sure an image marked "released" is indeed released and ask us to obtain a free copy of that release. You shall indemnify Alaska Stock against all claims arising out of the use of any Images where the existence of such release has not been specified in writing by Alaska Stock. In any event, the limit of liability of Alaska Stock shall be the sum paid to it per the invoice for the use of the particular photograph involved. Alaska Stock does not purport to own the copyright to any historical images it provides and that the user is responsible for obtaining any necessary permissions. Model releases are available on Image(s) containing models upon request. Names are removed to protect the privacy of the model. Other than model releases for recognizable persons, ALASKASTOCK grants no rights and makes no warranties with regard to the use of names, unrecognizable people, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Image, and Licensee must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained. 12. Sensitive Use Disclaimer No images from this web site may be used in connection with any potentially sensitive issue including, but not limited to sex, sexual preference, pornography, diseases of any kind, drug or alcohol abuse, domestic violence, mental or physical abuse, substance abuse, alcohol, tobacco products, pregnancy, birth control, physical or mental challenges, homelessness, political campaigns, plastic or cosmetic surgery or possible defamation or disparagement of character or product, without obtaining prior written consent from Alaska Stock. You may not use the Images in any manner that would be deemed offensive to the model. Offensive uses include but are not limited to the use of an Image that involves or implies illegal activities, adverse medical conditions or procedures, other adverse health or mental health issues, substance abuse, welfare or economic aid, dating agencies, sexual preference, abortion and adoption, political or religious affiliation, smoking or alcohol usage, feminine hygiene, incontinence or impotence, pornography, diseases of any kind, mental or physical abuse, alcohol or tobacco products, pregnancy, birth control, physical or mental challenges, homelessness, plastic or cosmetic surgery or possible defamation or disparagement of character or product. If any Image featuring a model is used in (i) a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service; or (ii) in connection with a subject that would be unflattering or controversial to a reasonable person, Licensee must acAlaska Stock each such use with a conspicuous statement that indicates that the person so pictured is a model and the Image is used for illustrative purposes only. You agree that you will not use the images for any unlawful purpose, or to defame any person, or to violate any person's right of privacy or publicity, or to infringe upon any trade name, trademark or service mark or any entity. 13. Electronic Delivery and Storage For all licensed image(s) that you take digital delivery of, you must provide the copyright symbol, our company name ( Alaska Stock ) and the Image Identification Number as part of the electronic file. In addition, you may only use a single copy of the image(s) on a single computer. You may only download the image(s) onto one (1) computer hard drive or other computer medium and may not otherwise make, use or distribute copies of the image(s) for any purpose except as otherwise provided in this agreement and the INVOICE & USE RIGHTS LICENSE . Notwithstanding the foregoing, you shall be allowed to make one (1) backup copy for security reasons only. You may not use the image(s) on any image storage jukebox, network configuration or similar computer network arrangement. You must take all reasonable measures to safeguard against unauthorized third-party access to the Image(s). Upon the expiration of the License or earlier termination of this agreement, any and all digital files which we supplied or you have created and stored in ANY format including but not limited to hard disk, tape, optical disk, CD-ROM, floppy disk or other media MUST BE DESTROYED from your computer or other electronic storage system unless you plan to re-license use of the image, in which case you must notify us immediately for a fee reassessment. Should Alaska Stock deliver to you digital files of our images, the delivery of those digital files is solely an accommodation to our clients. Alaska Stock does not warrant that the digital delivery will be on a timely basis, uninterrupted, error free or compatible with a client's particular system. Alaska Stock makes no warranty, either express or implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose. In no event shall Alaska Stock be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to the digital delivery of any image or otherwise. 14. Miscellaneous Terms No part of the content of Alaska Stock's catalogs or other advertising materials shall form a part of this agreement. No action of Alaska Stock, other than an express written waiver, may be construed as a waiver of any term of this agreement. A delay on the part of either party in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by a party of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of those rights or remedies on any other occasion. Should any clause of this agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order sent by you, the terms of this agreement shall govern. The interpretation of this agreement shall be governed by the laws of the State of Alaska, United States of America. Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in Anchorage, Alaska pursuant to the rules of the American Arbitration Association. Judgment upon the award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of Alaska. If recipient of this contract is an agent for or an employee of a non-U.S. company but operates in a place of business in the United States or its territories, said recipient expressly agrees that any dispute regarding this contract shall be adjudicated within the United States in the manner described here. Copyright claims shall be brought in the Federal Court having jurisdiction. If Alaska Stock is caused to present claims or suit to you as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by recipient or user herein. No action of ALASKA STOCK, other than express written, signed waiver may be construed as a waiver of any part of this EULA, and no employee of ALASKA STOCK is authorized to make an oral waiver. 15. Entire Agreement This agreement incorporates the entire understanding of the parties concerning the subject matter contained herein. No variation of any of the terms in this agreement shall be effective unless agreed to in writing by an authorized representative of Alaska Stock (Licensor) and you (Licensee). ROYALTY-FREE END USER LICENSE AGREEMENT (EULA)Licensing Images on a royalty free basis or broad rights basis still requires license terms, as the use is not unrestricted and the photos are not free of charge. Royalty free is generally understood as the licensing of an image without need to account for the number of uses and the period of use is unlimited, provided that all uses are considered permitted. Royalty free images are either sold as a collection in the form of a CD-ROM, or downloaded as a single image sale over the image library's web site. PLEASE READ the following Terms and Conditions in their entirety carefully prior to purchasing, downloading or using any images from Alaska Stock, whether from this website or sent to you from our office. Once an Alaskan Express royalty-free image is purchased, or the seal broken on an Alaskan Express royalty-free CD you are bound by these terms and conditions. This is a legal agreement between you, or your company, firm or other organization ("Licensee" or "You"), and Alaska Stock, LLC, ("Alaska Stock" or "Licensor"), for use of any Alaska Stock royalty-free image(s) from this web site, our CD or that are sent to you electronically from Alaska Stock. Your right to reproduce an image(s) is subject to the terms, conditions and restrictions set forth in this agreement as well as our general Terms of Use or use of this web site, and is conditioned upon your full payment of the license fee prior to your reproduction of the image(s). By clicking the "I accept" button or by downloading any image(s), you agree to be bound by the terms of this agreement. If you do not agree to be bound by all of the sections on this license agreement, do not purchase an image(s) from this site but instead click on the "cancel" button to decline this agreement and do not download any image(s). By using any ALASKA Stock Royalty-Free image(s) you consent to be bound by the terms of this EULA. If you are entering into this agreement on behalf of your employer, the license granted and restrictions and limitations recited herein apply to your employer, and to you as a representative of your employer. When you pay for a royalty-free image(s) you do not own the image(s). We are not outright selling these image(s). You are purchasing a set of broad rights to use these image(s). Royalty-Free images are NOT protected by ANY form of rights-protection. Anyone, including your competitors, may be using the same photo you are at the same time. If you require any form of rights-protection you should use Alaska Stock's Gold Collection of rights-protected images. With Alaska Stock's Gold Collection of rights-protected images you can be informed of any current or past use of the image. You can also secure exclusive rights using our rights-protected images. 1. License & Grant of Rights Subject to the terms of this license agreement, including payment in full, ALASKASTOCK grants Licensee a worldwide, non-transferable, non-exclusive right to reproduce, transmit and display, in whole or in part, the images purchased from ALASKASTOCK'S Royalty Free Image(s) (whether available as part of a CD-ROM collection of images or downloaded as a single–image) an unlimited number of times, in any and all media for the purposes described below. AlaskaStock represents that it has the right to grant the license herein. All other rights to the Image(s), CD-ROM and AlaskaStock materials, including without limitation, copyright and all other rights, are retained by ALASKASTOCK. 2. Permitted Uses
b) Any Internet, intranet, Online or web-based media provided the resolution of the images does not exceed 72dpi and such use is not intended to allow re-distribution or re-use of the image(s); c) Broadcast and theatrical exhibitions; d) Products intended for resale; provided these products are not intended to allow the re-distribution or re-use of the Image(s);and e) Additional uses approved in writing by ALASKASTOCK 3. Number of Users / Seat License Licensee may use the Images on a server, image library or network configuration to be viewed by Licensee provided that no more than 10 persons (including part-time and freelance employees or agents) of Licensee can access the Images. This is NOT a simultaneous user agreement. Before permitting access to more than 10 persons, Licensee must purchase a separate seat license from ALASKASTOCK or its distributor for each additional individual user. Contact your sales representative at your distributor. 4. Restrictions on Use Except as provide herein, Licensee may not
b) sell, license or distribute its final product in such a way that permits Licensee's end users to extract or access the Images as a stand-alone file. c) Incorporate the Images into a logo, trademark or service mark. d) Distribute, post or upload the Image(s) online in a downloadable format. e) Use any Image in any way that could be considered defamatory, pornographic, libelous, immoral, obscene or fraudulent, or otherwise illegal manner whether directly or in context or juxtaposition with other materials. f) Reverse engineer, decompile, translate, or disassemble any part of the Image(s). g) Remove any copyright, trademark or watermark from any place where it appears on the Image(s). h) Display the Image(s) in any digital electronic format or for any digital use at a resolution greater than 72 dpi, except in editorial or preliminary design work. Doing so will be viewed as an attempt to distribute the Image(s) in violation of this Agreement under 4 (b & d) above. i) Establish your own rights for these images to third parties as AlaskaStock, its photographers or its licensors retain the full rights to the Image(s). j) Use of the Image(s) to compete with AlaskaStock. AlaskaStock is in the business of licensing images to its customers. It is the specific intent of this provision to prohibit you from using the Image(s) to enter, either directly or indirectly, a similar or competing business. k) Use the Image(s) in a product or service whereby the Image(s) can be used apart from a product or service. l) Use the Images(s) in any downloadable format intended for multiple distribution including, without limitation, Web site templates, software products, e-greetings, etc. m) Use Image(s) or part of the images for any use involving sensitive subject matters, as determined by AlaskaStock, including but not limited to the following: all sexual issues, sexually transmitted diseases, substance abuse, alcohol, tobacco, AIDS, cancer, obesity, mental ailments, Homosexual or alternative lifestyles, and physical or mental abuse, without advance written consent from AlaskaStock and any model in such Image(s). Sensitive subject use pertains to both commercial and editorial uses. Contact AlaskaStock for verification of model releases. Availability of model releases does not grant the right to use Image(s) in any sensitive subject matters. 5. Additional Terms including photo credits to be given
b) AlaskaStock reserves the right to replace any Image(s) with an alternative Image for any reason. Upon notice of such replacement, the license for the replaced Image(s) immediately, and automatically, terminates for any use of the Image(s) that does not already exist, and this License Agreement shall automatically apply to any replacement Image(s). You agree not to use any replaced Image(s) with future uses, products or services and you shall take all reasonable steps to discontinue use of the replaced Image(s) in existing uses, products or services. c) All other rights not expressly granted in this agreement are reserved for AlaskaStock. d) The use of any Alaskan Express Collection image in editorial use requires the copyright notice "© [current year] "AlaskaStock Images" appear next to the Image(s) or on a credit page. 6. Sensitive Use Disclaimer & model endorsement No images from this web site may be used in connection with any potentially sensitive issue including, but not limited to sex, sexual preference, pornography, diseases of any kind, drug or alcohol abuse, domestic violence, mental or physical abuse, substance abuse, alcohol, tobacco products, pregnancy, birth control, physical or mental challenges, homelessness, political campaigns, plastic or cosmetic surgery or possible defamation or disparagement of character or product, without obtaining prior written consent from Alaska Stock. You may not use the Images in any manner that would be deemed offensive to the model. Offensive uses include but are not limited to the use of an Image that involves or implies illegal activities, adverse medical conditions or procedures, other adverse health or mental health issues, substance abuse, welfare or economic aid, dating agencies, sexual preference, abortion and adoption, political or religious affiliation, smoking or alcohol usage, feminine hygiene, incontinence or impotence, pornography, diseases of any kind, mental or physical abuse, alcohol or tobacco products, pregnancy, birth control, physical or mental challenges, homelessness, plastic or cosmetic surgery or possible defamation or disparagement of character or product. If any Image featuring a model is used in (i) a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service; or (ii) in connection with a subject that would be unflattering or controversial to a reasonable person, Licensee must acAlaska Stock each such use with a conspicuous statement that indicates that the person so pictured is a model and the Image is used for illustrative purposes only. You agree that you will not use the images for any unlawful purpose, or to defame any person, or to violate any person's right of privacy or publicity, or to infringe upon any trade name, trademark or service mark or any entity. 7.Releases Images marked on the preview page: "This image is released" have a valid model and/or property release. However, no model releases or other releases exist on any Images unless the existence of such release is specified in writing by Alaska Stock. To avoid mistakes, always double check with us to be sure an image marked "released" is indeed released and ask us to obtain a free copy of that release. You shall indemnify Alaska Stock against all claims arising out of the use of any Images where the existence of such release has not been specified in writing by Alaska Stock. In any event, the limit of liability of Alaska Stock shall be the sum paid to it per the invoice for the use of the particular photograph involved. Alaska Stock does not purport to own the copyright to any historical images it provides and that the user is responsible for obtaining any necessary permissions. Model releases are available on Image(s) containing models upon request. Names are removed to protect the privacy of the model. Other than model releases for recognizable persons, ALASKASTOCK grants no rights and makes no warranties with regard to the use of names, unrecognizable people, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Image, and Licensee must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained. 8. Indemnity Licensee agrees to indemnify and hold ALASKASTOCK harmless against all claims arising out of or in connection with any breach of this Agreement. 9. Warranties ALASKASTOCK WARRANTS THE IMAGES TO BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR 30 DAYS FROM DELIVERY. THE SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF THE FOREGOING WARRANTY IS THE REPLACEMENT OF THE IMAGE(S). ALASKA STOCK MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE IMAGES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALASKA STOCK SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE IMAGES OR OTHERWISE, EVEN IF ALASKA STOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. ALASKA STOCK'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE IMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE IMAGE(S). THE REPRESENTATIONS AND WARRANTIES MADE BY ALASKA STOCK IN THIS AGREEMENT APPLY ONLY TO THE IMAGE(S) AS DELIVERED BY ALASKA STOCK AND WILL BE INVALID IF THE IMAGE(S) IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT. Licensee may have additional rights under state law. 10. Payment Terms No rights to use the Image(s) are granted until the invoice relating to the Image(s) is paid in full. Claims for adjustment of terms must be made to ALASKASTOCK or its distributor within five (5) days of the receipt of the invoice. 11. Cancellation Policy for Royalty-Free Images: All licenses are final; no refunds or credits will be allowed. The breaking of the CD-ROM seal or downloading of a single-image is considered to be the complete fulfillment of ALASKASTOCK'S obligations. 12. Copyright All images on this web site are copyrighted and subject to the copyright law. Alaska Stock and its represented photographers, who shot the image(s), own all rights to the image(s). All rights not specifically granted to you are reserved. Any use beyond those specified is a violation of U.S. copyright law. You agree to provide applicable copyright notice and/or protection of image(s) in your final product. You do not acquire any right, title or interest in or to any image(s) by the download of an image(s) or by the granting of the license to reproduce an image(s). No copyright material shall be removed from any digital file. 13. Termination The license contained in this Agreement will terminate automatically without notice from ALASKASTOCK if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately (i) stop using the Image(s), (ii) destroy or, upon the request of ALASKASTOCK, return the Images to ALASKASTOCK, and (iii) delete or remove the Images from Licensee's premises, computer systems and storage (electronic or physical). 14. Revocation Licensor reserves the right to revoke the license to use any Image(s) for good cause and elect to replace such Image with an alternative Image. Upon notice of any revocation of a license for any Image(s), Licensee shall immediately cease using such Image (s), shall take all reasonable steps to discontinue use of the replaced Image(s) in products that already exist and shall inform all end-users and clients of same. 15. Severability If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be reformed only to the extent to make it enforceable. 16. Choice of Law This Agreement will be governed in all respects by the laws of the State of Alaska, United States without reference to its laws relating to conflicts of law. Licensee agrees that the Federal District Court of the State of Alaska, Anchorage and the United States District Court for the District of Alaska, United States are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. 17. Waiver No action of ALASKA STOCK, other than express written, signed waiver may be construed as a waiver of any part of this EULA, and no employee of ALASKA STOCK is authorized to make an oral waiver. You may not assign or transfer to anyone else the rights granted to you in this EULA, without our prior written consent. ALASKA STOCK may assign and transfer this EULA freely. 18. Entire Contract This contract contains all the terms of the license agreement and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of both parties. |