This is a Royalty Free License Agreement between you
and Cafe Photo. You may not use any
images obtained from Cafe Photo without agreeing to the terms of this Royalty
Free License.
1. All Images, Graphics and complete Web site content
are copyrighted by Cafe Photo. Cafe Photo reserves all rights not specifically
granted to you by this Agreement.
2. This Agreement, Cafe Photo grants to you a
non-exclusive, Non-transferable right to display and reproduce purchased
Image(s) from Cafe Photo Web site in the following ways:
(1) 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.
(2) Any printed, tangible materials including
magazines, newspapers, and resale products; advertising, catalogues, brochures,
reports, disposable packaging, book covers, and educational textbooks;
3. "Non-transferable" usage of an Image(s)
must be for your use, or for the use of your employer, client 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 Image(s), or
grant other person the right to use the Image(s) except as a Graphic
incorporated by you into one of the permitted usage in Paragraph 2 of this
Agreement. You agree to take all commercially reasonable steps to prevent third
parties from duplicating any images or Graphics.
4. You may not place the Image(s) on computer or other
storage device that is accessible by more than one user at a time via a network
connection where the purpose is the exchange of Cafe Photo files or any other
copyrighted material. You agree not to use the Image(s) in any unsolicited mass
e-mail messages or in association with any virus, Trojan horse or similar.
5. Use of the Image(s) in any pornographic, racist,
sexist, discriminatory, hate or other unlawful material is prohibited.
6. You agree to indemnify and hold Cafe Photo harmless
against any damages or liability or any kind arising from use of Cafe Photo
Image(s) other than the uses specifically permitted by this Agreement.
7. Cafe Photo will not be liable for any indirect,
consequential, punitive, or incidental damages arising out of the use of, or
the inability to use Cafe Photo Image(s).
8. THE IMAGE(S) ARE PROVIDED "AS IS" CAFE
PHOTO HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF FITNESS FOR ANY
PARTICULAR PURPOSE, NON-INFRINGEMENT, AND MERCHANTABILITY SHOULD THE IMAGE(S)
NOT FUNCTION ACCORDING TO YOUR SPECIFICATIONS.
9. Cafe Photo reserves the right change the terms of
this agreement at any time. The change will be posted on this web site.
10. Cafe Photo reserves the right to 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.
Termination of your license under section 2 ceases and you will stop all use or
public display of the Image(s) or associated Graphic and any use by your
employers, or clients.
If you wish to use a Cafe Photo Image(s) in a manner
not permitted under this agreement, please contact us by e-mail at
CafePhoto@ymail.com.