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Angie Norwood Browne Photography (ANBphoto) LICENSING TERMS & CONDITIONS
END-USER LICENSE AGREEMENT (EULA) – By downloading any image or material from our website, you hereby agree to the following terms and conditions as outlined herein, and as listed elsewhere on our website:
This agreement is made by and between Angie Norwood Browne Photography (otherwise listed herein after as “Licensor”) and you (otherwise listed herein after as “Licensee”) who creates an account for the right to access, acquire, and use Materials from this website. The Licensor hereby represents that it owns all rights and copyrights to all materials on the anbphoto.com website. All rights and copyrights to said website and materials shall remain the exclusive property, right and control of and under the Licensor. “Usage” of the materials from our website will constitute and be defined as any photo, image, design, or layout. By downloading any Usage of materials from the Licensor you are asserting your declaration that you have read, understood, and agreed to all terms and conditions listed in this Agreement, and otherwise identified on our website.
Terms of Use and Conditions as Defined Below:
A. User’s Rights to Materials from Angie Norwood Browne Photography. You agree to access, acquire, and use our Materials as follows:
1. These Terms and Conditions constitute a legal Agreement between the Licensee and the Licensor.
2. ANBPhoto.com grants the Licensee a nonexclusive, nontransferable license to download, use, modify, publish, and display our Materials for 30 days unless otherwise agree upon, according to the defined Terms and Conditions of this Agreement.
3. The Licensee may access, acquire, and use the materials downloaded from ANBPhoto.com subject to these Terms and Conditions in the following manner:
* a. Editorial Usage- This use is defined as images that run in magazines, books, or on TV for their illustrative or informational value.
* b. Web Usage- This use if defined as images that are to be used in website development and collateral.
* c. Corporate/Industrial Usage- This use is defined as images to be used in company annual reports, promotional trade shows, public relations, recruitment booklets, and the like. Please call the Licensor for Usage rates.
* d. Advertising Usage- Please call the Licensor for Usage rates.
B. Licensee’s restrictions on the usage of materials by the Licensor. The Licensee agrees not to access, acquire, or use the Licensor’s images in any of the following manners:
1. Licensee may not at any time share, sell, give, or allow anyone to use the purchased Usage of materials for any reason.
2. Licensee may not distribute, share, sell, or give away any of our Materials at any time for any reason whatsoever.
3. Licensee may not distribute our Materials electronically or in hard copy, except as specifically outlined in the “User’s Rights to Materials from Angie Norwood Browne Photography” section of this Agreement.
4. Licensee may not use any of the “Usage” of materials downloaded or obtained from the ANBPhoto.com site in a Website template or any template or design sold individually or as part of an archive or catalog collection, or an automated shopping system, under any circumstances. You MAY however use our photos in client websites that are NOT distributed through an archive or automatic system.
5. Licensee may not allow or authorize any third party to use the “Usage” of materials for any purpose at any time or resell, sublicense, or otherwise make available the images for use or distribution separately or detached from a product or Web page.
6. Licensee may not use any download software, internet accelerators, or other similar software or automated programs to access or download any “Usage” of materials from our website at any time.
7. Licensee may not under any circumstances use the images in connection with any illegal, obscene, immoral, or pornographic material.
C. Licensee understands and agrees that Angie Norwood Browne Photography may, in its sole discretion:
1. Monitor your download activity from ANBPhoto.com as often as the Licensor determines under its sole discretion for any reason and for any violation of this Agreement.
2. Investigate any abuse of your username and password in connection with the ANBPhoto.com website or in connection with this Agreement.
3. Take the appropriate action to investigate all potential abuse, which can lead to contacting the individual involved with the violations, account suspension, account termination, or other actions deemed necessary depending on the nature and severity of the violations, if we are unable to confirm the validity of the activity.
4. Terminate “Usage” of materials and the Licensee’s account immediately for any violation of this agreement, or the Terms and Conditions as defined in this Agreement and elsewhere on Angie Norwood Browne Photography, without notice. If your account is terminated for any violation of this Agreement and/or abuse of your username or password, and/or our Materials, you lose all rights to the Licensor’s “Usage” of materials, and the Licensee must IMMEDIATELY delete any and all images obtained prior to this termination, and forfeit all fees paid.
D. Licensee understands that “Usage” of materials are copyrighted and owned by Angie Norwood Browne Photography only, and any unauthorized use of any of these images by the Licensee may be an infringement upon said copyright.
E. Licensor and all Materials are made available to you “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS.” The Licensor and its employees, directors, and officers and anyone else associated with the Licensor makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. The Licensor further makes no representation or warranty that the Licensees usage of ANBPhoto.com will be uninterrupted, error free of computer viruses, or other damaging materials. When you login to your account, and access ANBPhoto.com, you do so at your own risk.
F. Licensor, its employees, directors, and officers, or anyone else associated with the Licensor shall not be liable for any indirect, special, consequential, economic damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the image. The Licensor, its employees, or related parties, will in no event be liable for any damages to exceed the amount paid by the Licensee for accessing or using ANBPhoto.com, and for accessing, acquiring, and/or using images from the Licensor.
G. AGE OF MAJORITY. Licensee warrants and attests of the age of majority, and that the Licensees signature shall serve as confirmation and attestation to this statement. Licensee further agrees that you fully understand the contents, meaning and impact of this agreement. You will not use these Materials in any way that is not permitted in this Agreement or in violation of this Agreement. Your use of these Materials will not violate any applicable law or regulation of any country, state, or other governmental entity. You further attest that the information you provide to Angie Norwood Browne Photography is accurate and true, including without limitation all credit card information.
H. You agree to fully, indemnify, and hold harmless Angie Norwood Browne Photography, its employees, directors, officers, and any other entity associated with Angie Norwood Browne Photography, and each of its successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys’ fees and expenses, arising in connection with Your use of the Materials and this website or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement.
I. ENTIRE AGREEMENT. You acknowledge that this agreement expresses the parties entire understanding and agreement, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this agreement. Any modifications to this agreement shall be made in writing and agreed to by both parties in writing. The parties further acknowledge that this agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between the Buyer and Seller with respect to the matters expressly set forth in this agreement.
J. Licensee agrees, attests, and reaffirms your agreement to the terms listed herein and to conduct your transaction electronically.
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