1 - LICENSE:
Digital Wisdom ("we") grants the purchaser ("you") a license to use BodyShots® digitized photographic images provided you comply with the terms of this license.
2 - YOU MAY:
A - Use, modify, enhance the BodyShots® images for commercial or internal publishing, and distribute in any paper or electronic media, for advertisements, newsletters, video, multimedia except as noted below.
B - Use one copy of BodyShots® on a single workstation only. Contact Digital Wisdom for special licenses for multiple site users and network situations.
C - Copy the Catalog and Catalog Software to your hard drive.
D - Make a temporary copy of the images, if you intend to output the images by means of an output device owned or operated by a third party - such as a service bureau image setter. Such copies must be destroyed at the end of the production cycle.
3 - YOU MAY NOT:
A - You may not copy, transfer, assign, rent, lease, give away or barter the images except as expressly permitted in this license.
B - Distribute or incorporate the images into another photo or image library or any similar product, either by copying or electronically downloading in any form.
C - Use the BodyShots® images to represent any living person.
D - Modify and use BodyShots® to create pornographic, libelous, obscene or defamatory images.
E - Transfer possession of BodyShots® to another person. The property of BodyShots® remains at all times that of Digital Wisdom.
F - Reverse engineer, decompile, translate or disassemble any of the cataloging software.
4 - TERMINATION.
This license is in force until terminated. If you do not comply with the terms and conditions above, this license automatically terminates. At termination, the product must be destroyed or returned to Digital Wisdom.
5 - WARRANTIES
A - Digital Wisdom warrants that the media BodyShots® is supplied on, will be free from defects in material and workmanship under normal use for ninety days. Any media found to be defective will be replaced free of charge by Digital Wisdom by returning the media to our offices with a copy of your receipt. If Digital Wisdom cannot replace the media, it will refund the full purchase price.
B - BodyShots® images are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to the implied warranties or merchantability and fitness for a particular purpose. The entire risk as to quality, accuracy and performance of BodyShots® images is with you. In no event will Digital Wisdom or its dealers be liable to you for any damages, including any lost profit, lost savings or any other consequential damages arising out of the use or inability to use BodyShots® even if Digital Wisdom or its Authorized dealer has been advised of the possibility of such damages or for any claim by any other party. Our maximum liability to you shall not exceed the amount paid for the product.
6 - GENERAL
A - The BodyShots® product and it's accompanying documentation is copyrighted. You may digitally manipulate, add other graphic elements to, or otherwise modify the images in full realization that BodyShots® images remain copyrighted in such modification.
B - This license will be governed by the laws of the Commonwealth of Virginia, United States of America, except in matters relating to copyright, which shall be governed by the federal laws of the United States of America.
C - You acknowledge that you have read this agreement, understand it, and agree to be bound by it's terms and conditions. You further agree that it supersedes any proposal or prior agreement, oral or written, and that it may not be changed except by a written signed agreement.
BODYSHOTS® digitized photographic images Copyright © 1994-2005 Digital Wisdom Inc.
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© Digital Wisdom, Inc.