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Terms And Conditions Of Commercial Image Use

This is a legal agreement ("Agreement") between you ("Licensee") and Ariel Design Studio ("Licensor" or "we"). By purchasing any digital images to be used on the commercial basis from our website, you agree to be bound by the terms of this agreement. If you do not agree, click on your browser's Back button on the website to decline this agreement.

Grant Of License
The low-resolution watermarked images that are displayed on this website (the "Low-Resolution Digital Media") may be used in materials for Personal, Non-Commercial, Non-Editorial use and Test or Sample use. The Low-Resolution Digital Media may not be used in any final materials distributed inside of your company or any materials distributed outside of your company or to the public, including but not limited to, advertising and marketing materials or any online, broadcast or other electronic distribution system (except that you may transmit comps digitally or electronically to your clients for their review) and may not be distributed, sublicensed or made available for use or distribution separately or individually and no rights may be granted to the Low-Resolution Digital Media.

Ariel Design Studio grants to you a non-exclusive, non-sublicensable right to use any of purchased watermark-free Digital Media images and any derivatives or copies (collectively, the "Digital Media"), on your personal computer. Licensee may create a digital library, network configuration, or similar arrangement to allow the Digital Media to be viewed by employees, partners and clients of Licensee only. Licensee may not utilize the Digital Media in any manner that is not expressly permitted in this license agreement. One copy of the Digital Media may be made for backup purposes only, but may be used only if the original Digital Media becomes defective, or is destroyed or otherwise irretrievably lost. No Digital Media may be shared or copied, except as specifically provided in this license agreement.

The Digital Media may be used as a part of:
  1. Advertising and Promotional Materials (including packaging);
  2. Online or other Electronic Distribution Systems (including web page design)
  3. Broadcasts or Theatrical Exhibitions;
  4. Any Products (including for-sale products) or Publications (electronic or print)
  5. Materials for Personal, Non-Commercial, Non-Editorial use and Test or sample use.

No Digital Media purchased from this site may be sublicensed, resold or otherwise made available for use or distribution separately or detached from a product or web page. For example, images may be used as an integral part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by website users. Similarly, clients may be provided with copies of Digital Media as an integral part of work product, but may not be provided with Digital Media or permitted to use Digital Media separately.

Permissions
• Licensee has the right to have the Digital Media reproduced by subcontractors of Licensee, provided that such subcontractors agree to abide by the restrictions of this Agreement.
• Licensee may alter, crop, manipulate and create derivative works of the Digital Media.
• Licensee's rights to the Digital Media are worldwide and perpetual.
• Licensor reserves all rights not expressly granted to Licensee herein.
• Licensee is allowed to include the Digital Media in any electronic template or application, including those which are web-based, where the purpose is to create multiple impressions of an electronic or printed product, including but not limited to, website designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed materials.

Restrictions
• Images may not be used in any defamatory, libelous or otherwise unlawful manner whether directly or in context or juxtaposition with specific subject matter.
• Licensee may not sublicense or, sell any of the rights under this Agreement but Licensee may sell or license derivative works incorporating the Digital Media in accordance with the permitted uses. Licensee may not sell, license or distribute any work in such a way that Licensee's customer can extract or access the Digital Media as a stand-alone file.
• Digital Media may not be incorporated into a logo, trademark or service mark.
• Licensee may not post the Digital Media online in a downloadable format.
• The Digital Media may not be used in any illegal manner.

Image Delivery
The Digital Media (or "Images") can be received by you only after the purchase has been made.
All Digital Media purchased during normal office hours will be delivered via E-mail or FTP within 2 hours. Out of hours, all images will be delivered by 10.00 a.m. next working day (Pacific time). Single images will be emailed only to the address as entered when you checkout.
As an alternative delivery method, FTP server may be used. Contact us, if you prefer FTP downloads.

Warranty
Licensor makes no warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Some states do not permit the exclusion of implied warranties, and you may have other rights, which may vary from state to state. Licensors shall not be liable to you or any other person or entity for any general, special, direct, indirect, consequential, incidental, or other damages arising out of this license or otherwise.
Licensee agrees to indemnify and hold Licensor harmless against all claims arising out of any breach of this Agreement.

General
All rights to the Digital Media are owned by Licensor. Licensor is protected by United States copyright laws, international treaty provisions and other applicable laws. Licensor retains all rights not expressly granted by this agreement. The Digital Media of Ariel Design Studio is licensed only to you or your employer if you are licensing on behalf of your employer. However, this license agreement and the license to use the Digital Media may be transferred to another person or legal entity if the following conditions are met: you, or your employer, if you are licensing on behalf of your employer,
1. transfer the Digital Media without keeping or storing any copy;
2. do not to utilize the Digital Media in the future in any manner;
3. transfer this physical agreement to the transferee;
4. the transferee agrees to be bound by the terms hereof.
The license contained in this license agreement will terminate automatically without notice from Licensor if you or your employer fail to comply with any provision of this license agreement. Upon termination, you, and your employer, must immediately (1) stop using the Digital Media, and (2) delete any Ariel Design Studio Digital Media and all copies of all of them from all magnetic media and destroy all other copies. Use of the Digital Media must be in compliance with all applicable law, including, but not limited to, laws and regulations relating to currency and the law of moral rights.
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 all parties.


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