This is a legal agreement ("Agreement") between you (or
if purchased on behalf of a company, the company)
("You"), and "PhotoEssentials, ACN 003 943 780
("PhotoEssentials")". By opening or using this product
("Product"), You agree to the terms and conditions of
this Agreement. If You do not wish to accept these
terms and conditions, do not open this Product and
return this Product to your place of purchase, together
with your proof of purchase, for a full refund.
COPYRIGHT MATERIAL
The computer software ("Software"), images ("Images"),
printed materials ("Booklet") and other files on this
CD-ROM (collectively the "Data") is proprietary and
copyrighted. All rights to this material are owned and
reserved by PhotoEssentials and the parties who granted
PhotoEssentials the right to include their material in
this disc ("Suppliers"), except to the extent that the
right to use such material is specifically granted by
this license.
EXCEPT AS SPECIFICALLY NOTED, YOU MAY:
1. Alter, modify, combine and manipulate the Images.
2. Print the Images and distribute the Images in printed
form in any manner for any purpose including but not
limited to the following:
advertisements, promotions, presentations, brochures,
reports, books, book jackets, magazines, magazine
covers, packaging, calendars, greeting cards, posters,
bill boards, trade show displays, board games,
editorial, audio albums, CDs or cassettes, playing
cards, mouse pads, coffee mugs, clothing, hats, signs,
point-of-sale materials.
3. Publish the Images in an electronic or digital form
as part of a Work that is an advertisement, promotion,
brochure, report, e-book, e-magazine, web site, game,
software, screen-saver, video or editorial article.
4. Provide the images in digital form to another company
solely for the purpose of printing the Images or creating
film separations.
YOU MAY NOT
1. Use the Images depicting people in a manner that is
libelous, scandalous, misleading, unlawful or associated
with pornography.
2. Prevent other licensed users of the Images from using
the Images. For example, you may not incorporate any of
the Images into a trademark.
3. Use the Images in such a way that they imply an
endorsement by PhotoEssentials or its Suppliers of any
product or service.
4. Distribute the Images in a manner intended to be
separable from the Work. For example, you may not
distribute the images with image editing software as
examples for the end user of the software to manipulate.
5. Place the Images, or allow them to be placed, on an
electronic bulletin board or ftp server.
6. Duplicate the CD-ROM except to create a single backup
CD. The backup CD may not by used in any manner unless
the original CD-ROM is damaged, destroyed or lost. The
backup CD may not be sold, lent, given away, sub-
licensed or otherwise transferred to any party.
7. Sub-license, sell, re-sell, distribute, give away,
lend, rent, lease or provide others with any of the
Images except as part of a Work.
8. Include the Images or derivatives of the Images in
any clip art or digital image collection or library
provided or available to any persons other than the
licensed users of the Images.
WARRANTIES
1. PhotoEssentials warrants that it has the right to
grant this license to you.
2. PhotoEssentials warrants this CD-ROM to be free from
defects in materials or workmanship for 90 days from the
date of delivery.
3. Your sole and exclusive remedy for a breach of these
warranties is the replacement of the CD-ROM or refund of
the purchase price, at PhotoEssentials' option.
4. Except where prohibited by law, PhotoEssentials makes
no other warranty, express or implied, including,
without limitation, any implied warranties of
merchantability or fitness for any particular purpose.
JURISDICTION
1. This Agreement is governed by the laws of New South
Wales, Australia.