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CTSS™ (Sky-Pics.com™) Licensing Terms and Conditions

For the purposes of this Agreement, Sky-Pics.com™ is a trademark of CTSS™. Please review this document carefully and thoroughly and contact Sky-Pics.com™ customer service or your account representative if you do not understand this Agreement, if you wish to use an Image in a manner not permitted under this Agreement, or have any questions.

 The following terms and conditions apply to your access and use of all material and Images from Sky-Pics.com™.  Standard Terms and Conditions: The Sky-Pics.com™ invoice is incorporated by reference into this Agreement, and all references to the Agreement shall include the Sky-Pics.com™ Invoice. Along with the Sky-Pics.com™ invoice, these terms constitute a binding agreement ("Agreement") between you and Sky-Pics.com™. If you are entering into this Agreement on your employer’s behalf, this Agreement applies both to your employer and to you. By obtaining any Image(s) or any material from Sky-Pics.com™ directly or via the online site, you agree to be bound by this Agreement. If you choose not to be bound, do not use Sky-Pics.com™’s site or download or use any Images. Use of Images: "Images" or “Media” means all images and related informational materials in any medium furnished by Sky-Pics.com™ hereunder, including related text, captions, or information.

You agree to payment for the license of the Image according to the terms of the invoice and this Agreement. You are required to pay for all Images that you obtain, regardless of whether you use them, unless you comply with the return/credit provisions of this Agreement. Except as specified in the Sky-Pics.com™™ invoice, Images obtained from Sky-Pics.com™ are licensed on a non-transferable, one-time, non-exclusive basis, and are strictly limited to the use, medium, time period, print run, placement, size of Image, territory, and any other restrictions indicated in the invoice or contained on Sky-Pics.com™’ online site, and are licensed for use within one year from the date of the invoice, or sixty (60) days for internal evaluations ("comps").

Listed Restrictions: Images may contain listed restrictions, including without limitation restrictions as to time, manner, industry and territory of use, and pre-approval by a depicted person or their representative. Your ability to access an Image does not in itself entitle you to use that Image. Use of any Image contrary to a listed restriction is prohibited. If you do not understand or are unsure as to any restriction, you must contact Sky-Pics.com™ prior to download or use of any Image.  License granted by Sky-Pics.com™: Unless otherwise specified in a separate writing signed by Sky-Pics.com™, your reproduction of Images is limited to (i) internal evaluation or comps, or (ii) the specific use described in your invoice, which together with these terms shall constitute the full license granted. Additional restrictions indicated on Sky-Pics.com™’ online site or in the invoice may contain limitations on your use, medium, time period, print run, placement, size of Image, territory, and any other restrictions. Any license granted by Sky-Pics.com™ is conditioned upon (i) your meeting all conditions and restrictions imposed by Sky-Pics.com™, and (ii) Sky-Pics.com™’ receipt of full payment by you for such use as invoiced by Sky-Pics.com™. Your failure to make full payment when due shall terminate any license granted to you and entitles Sky-Pics.com™ to pursue all remedies available under copyright laws. You may not otherwise make, use or distribute copies of any Images for any purpose except as authorized. Sky-Pics.com™ reserves all rights to the Images, and you do not acquire any copyright, ownership or equivalent rights in or to any Image as a result of any license Sky-Pics.com™ grants to you. The limited license granted to you is personal and non-transferable; the work you produce incorporating the Image must be for your own use or for the use of your direct employer. If you are licensing an Image on behalf of or for use by a client, that client must be the sole end user of your work. You may not sell, rent, loan, give, sublicense or otherwise transfer to anyone the Image or any right to reproduce the Image (except insofar as it has been incorporated by you into the permitted use as stated in the invoice).

Storage of Images: You may place Images on your internal computer network for a limited time, provided you limit access to the Images to those having a bona-fide need to facilitate production or creation of any licensed use, but you shall not otherwise distribute or permit access to any Images. Following your licensed use, you agree to cease use of all Images and delete/destroy any digital copies within fifteen (15) days. You agree not to store or maintain any archive of any Image in any format or medium unless your invoice with Sky-Pics.com™ permits re-use, whereupon you may store Images solely as permitted by such invoice. This section shall survive termination of the Agreement.

No Alterations: Special ethical considerations apply to editorial, news, and fine art Images. When using such Images, you may not make or permit any modifications to or alterations of the Images (except for standard color correction or minor cropping for space limitations) or to the caption information unless specifically agreed in writing by Sky-Pics.com™.

Model and Property Releases/Clearances: The rights Sky-Pics.com™ grants to you do not include a license to any persons, places, property, or subject matter depicted in an Image, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third persons. You shall assume that no model or property releases, or other releases or licenses exist in connection with any of the Images, unless specifically stated in a separate writing by Sky-Pics.com™. Sky-Pics.com™ makes no representations or warranties that it owns or licenses any rights nor does Sky-Pics.com™ grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any Image. Further, Sky-Pics.com™ makes no representation or warranty as to the accuracy of any information provided with the Images. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Sky-Pics.com™. If you are unsure whether additional rights are needed for your use, you are responsible for consulting with competent legal counsel.

An Image designated as "model released" means that the person depicted in the Image has signed a release permitting reproduction of the Image depicting such person, subject to the restrictions contained in this Agreement, including without limitation sensitive subject uses. If Sky-Pics.com™ erroneously advises you that an Image is model-released when it is not, Sky-Pics.com™' liability shall be limited to the amount you paid Sky-Pics.com™ for use of the Image. If an Image depicts a person and is used in a manner that implies the use or endorsement of a product or service by that model, you must indicate that the person depicted is a model and used only for illustrative purposes. Any license granted by Sky-Pics.com™ is conditioned upon your obtaining all necessary third-party rights, releases and permissions. You agree to provide Sky-Pics.com™ with proof of such releases and permissions upon request.

Unauthorized Use: Without limitation, Images may not be utilized as a trademark or service mark, or for any pornographic use, unlawful purpose or use, or to defame any person, or to violate any person’s right of privacy or publicity, or to infringe upon any copyright, trade name, trademark, or service mark of any person or entity. Unauthorized use of these Images constitutes copyright infringement and shall entitle Sky-Pics.com™ to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Images. Sky-Pics.com™ in its sole discretion reserves the right to bill you (and you hereby agree to pay) ten (10) times the normal license fee for any unauthorized use, in addition to any other fees, damages, or penalties Sky-Pics.com™ may be entitled to under this Agreement or applicable law. The foregoing is not a limiting statement of Sky-Pics.com™’ rights or remedies in connection with any unauthorized use.

Sensitive Subjects: Any license granted by Sky-Pics.com™ shall not constitute a representation that an Image is compatible for use with any other material. You are solely responsible for the use of any Image in combination with any other material, and you agree not to use Images with sensitive topics without Sky-Pics.com™’ separate written agreement. Sensitive topics include, without limitation, topics that may depict the subject matter of an Image in a negative or unfavorable light or subject persons to ridicule, and topics regarding all sexual issues, substance abuse, physical or mental abuse, alcohol, drugs, tobacco, AIDS, cancer, or serious physical or mental ailments, or the disparagement of a person or product. Certain Images may be available for use with sensitive subjects for an additional fee. You must contact Sky-Pics.com™ for additional information prior to any use of an Image with any sensitive topic.

Payment: Prices for use of Images shall be determined solely by Sky-Pics.com™; if you are unsure as to the price applicable to your intended use, you must contact Sky-Pics.com™ prior to obtaining an Image. Payment is due within thirty (30) days after your receipt of an invoice or the date specified in an invoice, whichever comes first. A late payment charge of one and one-half percent (1.5%) per month may be added to any unpaid balance after thirty (30) days. The maximum amount permitted by state law shall be imposed on each returned check.

Taxes: You are responsible for the payment of all sales and use tax, when applicable. Sky-Pics.com™ does not accept resale certificates without prior written approval and at Sky-Pics.com™’s discretion.

Cancellations: If you cancel rights granted in the Invoice within seven (7) business days from the date of the invoice, you will be charged a $15 transaction fee per CD. If the cancellation notice is received more than seven (7) but less than thirty (30) business days after the invoice date, a cancellation fee equal to fifty (50%) percent of the amount of the Invoice will be charged. AFTER THIRTY DAYS, NO CANCELLATIONS WILL BE ACCEPTED AND THE FULL AMOUNT OF THE INVOICE MUST BE PAID. For any cancellations, you must also pay the full service charge, production fee, processing and handling fee and shipping fee. No license to use the Image will be granted upon cancellation; all cancellations are final.

Copies: At Sky-Pics.com™’ request, you shall provide to Sky-Pics.com™ free of charge, up to three (3) copies of any printed product or publication you create using the Images, or if electronic use is permitted, the URL and any required passwords or the screen captures for our records. Publication Right: Sky-Pics.com™ shall exclusively retain all publication rights arising from your use of our Images. Indemnification: You agree to indemnify and defend Sky-Pics.com™ against all claims (including without limitation claims by third parties), liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) a breach of this Agreement and any Image restrictions, (ii) the use of any Image either alone or in combination with any other material, (iii), your failure to abide by any restriction regarding the use of an Image. Credit Line and Copyright Notice: For editorial uses, you shall include a copyright notice and photo credit adjacent to each Image (in the format: "© photographer’s name/Sky-Pics.com™" or as specified on the Sky-Pics.com™ online site) with each publicly distributed Image. Receiving credit is a material aspect of the Agreement for Sky-Pics.com™, and in editorial uses of Images, you agree to pay triple the invoice amount if you do not provide such credit and copyright notice. For commercial uses, you shall include the credit described above when customary and appropriate.

Sky-Pics.com™ Trademarks: Except for credits as required above, you may not use the trademarks or service marks of Sky-Pics.com™ without Sky-Pics.com™’ prior written consent. Choice of Law / Jurisdiction / Attorneys’ Fees: Any dispute regarding this Agreement shall be governed by the laws of the State of Washington and Titles 15, 17, and 35 of the U.S.C., as amended, and the parties agree to accept the exclusive jurisdiction of the state and federal courts located in the State of Washington, USA, regardless of conflicts of laws. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. The parties hereto confirm that it is their wish that this Agreement as well as any other documents relating hereto, including notices, has been and shall be written in the English language. In any dispute between Sky-Pics.com™ and you where Sky-Pics.com™ prevails, Sky-Pics.com™ shall be entitled to recover its reasonable attorneys’ fees, legal expert fees, court costs, and other associated legal expenses.

Confidentiality: During this Agreement, Sky-Pics.com™ may provide you with certain pricing, technical, marketing and other confidential information. You acknowledge that such confidential information encompasses valuable trade secrets and is proprietary to Sky-Pics.com™, and you shall maintain the confidentiality of any "confidential information" that Sky-Pics.com™ may provide to you, and you shall not use or disclose the same without the prior written consent of Sky-Pics.com™. "Confidential information" includes any information that is either designated as confidential by Sky-Pics.com™ or that, under the circumstances surrounding the disclosure, ought in good faith to be treated as confidential by you.

Limited Warranty: Subject to the restrictions and limitations contained in Sky-Pics.com™’ online site, an invoice, or under this Agreement, Sky-Pics.com™ warrants that it has sufficient rights to grant you the limited license under this Agreement and any accompanying invoice. Additionally, Sky-Pics.com™ warrants that the digital copy of the Image provided by Sky-Pics.com™ to you will be free from defects in material and workmanship (but not visual artifacts inherent in the original Image) for ninety (90) days following delivery; and, Sky-Pics.com™ will as your sole and exclusive remedy for your inability to use an Image and at its sole discretion, provide you with a replacement of the digital copy of such Image, or refund any fee paid by you to Sky-Pics.com™ provided you have not made any licensed use the Image. WHILE SKY-PICS.COM™ MAKES EFFORTS TO USE ACCURATE CAPTION INFORMATION, SKY-PICS.COM™ DOES NOT WARRANT THAT CAPTION INFORMATION IS ACCURATE. SKY-PICS.COM™ PROVIDES YOU WITH ITS ONLINE SYSTEM ON AN "AS IS" BASIS. SKY-PICS.COM™ MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED REGARDING ANY IMAGES, ITS ONLINE SYSTEMS, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability: EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER SKY-PICS.COM™ NOR ANY SKY-PICS.COM™ AFFILIATE SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OR INABILITY FOR YOUR USE OF THE IMAGES, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL SKY-PICS.COM™' OR ITS AFFILIATES' LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED HEREUNDER EXCEED THE AMOUNT INVOICED BY YOU FOR THE USE OF THAT IMAGE.

Miscellaneous: You acknowledge that you have read this Agreement and understand it, and agree to be bound by all its terms and conditions. This Agreement and any listed restrictions constitute the entire agreement between the parties with respect to the subject matter hereof and merge all prior and contemporaneous communications. This Agreement shall not be modified except by a written agreement signed by duly authorized representatives of Sky-Pics.com™, provided that no purchase order or similar document issued by you shall modify this Agreement even if signed by Sky-Pics.com™. If Sky-Pics.com™’ performance of any of its obligations hereunder is delayed by labor dispute, war, terrorist act, governmental action, flood, fire, explosion or other act of nature, the public enemy, or any other matter not within Sky-Pics.com™’ reasonable control, then the date for performance shall be extended by the time of such delay. If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms. The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible. This Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns, except that you may not assign or transfer this Agreement without Sky-Pics.com™’ prior written consent.

 ROYALTY FREE LICENSE AGREEMENT

Sky-Pics.com™ Royalty-Free End-User License Agreement (EULA)

Please read this Agreement carefully before purchasing or using any Sky-Pics.com™ royalty-free image ("Image") from Sky-Pics.com™. If you are unsure of your rights under this Agreement, or if you wish to license additional rights or add additional users not otherwise permitted hereunder, please contact Customer Service by email at service@Sky-Pics.com.

1. By using an Image or exercising any rights granted under this End-User License Agreement (the "Agreement"), you agree to be bound by this Agreement. If you do not wish to accept the terms of this Agreement, you may return the unused image or Image CD-ROM ("CD") to Sky-Pics.com™ within seven days from the invoice date for a refund of the purchase price. Sky-Pics.com™ and its suppliers own the rights to the Images, CD, and Sky-Pics.com™ Website. All rights not specifically granted by this Agreement are reserved by Sky-Pics.com™.

2. Conditioned upon your payment of the purchase price for the Image or CD and your compliance with the terms of the invoice and this Agreement (including all restrictions), Sky-Pics.com™ grants to you a non-exclusive, non-transferable right to use and reproduce Images from the CD or the Sky-Pics.com™ Website in the following, and only the following, ways:

Print Uses -- any printed materials which are not offered for retail or wholesale sale including greeting cards, t-shirts, postcards, posters, phone cards, credit cards, templates, CD covers, cassette covers, board games, calendars, magazines, newspapers, advertising, editorials, catalogs, flyers, brochures, reports, disposable packaging, book covers, and educational text books. The Images cannot be used in photo-related products that are offered for sale ("retail photo products") including, but not limited to, greeting cards, calendars, postcards, stationery, posters, t-shirts, ties, "photo mugs", and mouse pads. Other Than Print Uses -- any electronic or digital materials including screensavers, electronic greeting cards, websites (but not website templates), broadcast video, multimedia including film and video, and CD ROMs, provided that no Image is at a resolution greater than 640x480 pixels and each Image is incorporated into a design in such a manner to make it clear that the Image is not intended to be separately downloaded, copied, or distributed.

Restrictions. Sky-Pics.com™ may at any time during the term of this Agreement notify you that certain Images are no longer available for use under this Agreement and upon such notification, the license granted by Sky-Pics.com™ shall automatically and immediately terminate. Your sole remedy for any recalled Image shall be, at Sky-Pics.com™’s sole discretion, the replacement of such recalled Image with another Image or refund of any license fee paid attributable to such recalled Image. Sky-Pics.com™ cannot anticipate all possible uses of an Image, either alone or in combination with other material that you, or you on behalf of your client(s), may make. You are solely responsible for the use of any Image in combination with any other material.

Without limitation, Images MAY NOT be utilized:

-as a trademark or service mark

-for any pornographic, unlawful purpose or use

-to defame any person

-to violate any person's right of privacy or publicity

-to infringe upon any copyright, trade name, trademark, or service mark of any person/entity

-for uses covering sensitive subjects including, without limitation, topics that may depict the subject matter of an Image in a negative or unfavorable light or subject persons to ridicule, and topics regarding all sexual issues, substance abuse, physical or mental abuse, alcohol, drugs, tobacco, AIDS, cancer, or serious physical or mental ailments, or the disparagement of a person or product

3. "Non-transferable" as used in Paragraph 2, means that the work you produce using an Image must be for your own use, or if purchased on behalf of your employer or client, your employer or client must be the end-user of your work. You may not sell, rent, loan, give, sublicense, or otherwise transfer to anyone either the CD or an Image, or the right to use the CD or an Image (except insofar as an Image has been incorporated by you into one of the permitted uses enumerated in Paragraph 2 of this Agreement), and nothing you produce shall grant or purport to grant to any third party a right to use or duplicate an Image. You agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the Images.

4. When a CD is purchased by a company, this license Agreement authorizes no more than five (5) individuals to use the Images contained on the CD and exercise the rights described in this Agreement. You may not place the CD or an Image on computer or other storage device that is accessible by more than one (1) user at a time via a network connection or otherwise. If you wish to have more that one person at a time use the CD or Image, then you must purchase sufficient additional copies so as to be in compliance with this EULA.

5. You shall indemnify and defend Sky-Pics.com™ and its image providers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) a breach of this Agreement, (ii) the use or modification of any Image or combination of any Image with any other material, (iii) your failure to abide by any restriction regarding the use of an Image, or (iv) any claim by a third party related to the use of an Image, alone or in combination with any other material.

6. Limited Warranty. Subject to the restrictions and limitations regarding your use of an Image contained in this Agreement, Sky-Pics.com™ warrants that it owns or has obtained sufficient rights to the copyright for the Image(s) to grant you the limited license under this Agreement. Additionally, Sky-Pics.com™ warrants that the digital copy of the Image(s) provided by Sky-Pics.com™ to you will be free from defects in material and workmanship (but not visual artifacts inherent in the original Image) for ninety (90) days following delivery via this site; and, Sky-Pics.com™ will, as your sole and exclusive remedy for your inability to use an Image and at its sole discretion, provide you with a replacement of the digital copy of such Image, or refund any fee paid by you to Sky-Pics.com™ provided you have not made any licensed use of the Image. Sky-Pics.com™ makes no warranties nor shall Sky-Pics.com™ be liable for any Image which: (a) has been modified by you (b) has been combined by you with other images, products, content or materials, or (c) Sky-Pics.com™ has previously notified you not to license or otherwise use. Neither Sky-Pics.com™ nor any of its directors, officers, employees, partners, licensors, or agents shall be liable for any indirect, consequential punitive, or incidental damages arising out of the use of, or the inability to use, the CD or Website or an Image, even if Sky-Pics.com™ has been advised of the possibility of such damages. In no event shall Sky-Pics.com™’ liability (whether in tort, contract, or otherwise) arising out of or relating to your use of the CD or Image(s) or inability to use the CD or the Image(s) exceed U.S.$100.00, or the license fee you paid, whichever is smaller, regardless of the number of claims or Images used.

EXCEPT AS PROVIDED IN THIS SECTION, SKY-PICS.COM™ MAKES NO WARRANTIES (EXPRESS OR IMPLIED) WITH RESPECT TO IMAGES OR TO SKY-PICS.COM™’ PERFORMANCE OF ITS OBLIGATIONS. SKY-PICS.COM™ DOES NOT WARRANT THAT CAPTION INFORMATION IS ACCURATE. SKY-PICS.COM™ MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED REGARDING ANY IMAGES, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, THAT THE IMAGES ARE ERROR FREE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

7. This Agreement shall be governed by the laws of the State of Washington, except its conflict of laws rules. Venue for any action respecting this Agreement, an Image, or use or attempted use of the CD, shall be in the state and federal courts sitting in Thurston County, Washington and you hereby consent to the jurisdiction of such courts. This Agreement may not be assigned, nor modified by any purchase order, without Sky-Pics.com™’ written consent. If this Agreement accompanies a pre-packaged Image or CD, the terms of this Agreement control over the terms of any license contained in the CD or pre-packaged Image.

THIS IS A BINDING LEGAL AGREEMENT BETWEEN SKY-PICS.COM™ AND YOU, OR, IF YOU MAKE THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE SAME RIGHTS, LIMITATIONS AND RESTRICTIONS APPLY TO YOUR EMPLOYER. PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE MEDIA. BY USING THE MEDIA, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE AGREEMENT, PROMPTLY RETURN THE UNUSED DISC IN THE ORIGINAL PACKAGE FOR A FULL REFUND LESS ANY SHIPPING AND HANDLING CHARGES.

Sky-Pics.com™ grants you (or your employer) a personal, non-transferable, non-exclusive right to transfer the images on the accompanying CD-ROM to one computer at a time and to use the images on that computer with one user, subject to the following terms and conditions. You may use the images for personal purposes and for professional uses incidental to other commercial activities such as, without limitation or exclusion, advertising, promotional materials, packaging; broadcast or theatrical exhibition, online or electronic distribution including web page design to a maximum resolution of 640 x 480 pixels at 72 dpi; for electronic or print publication; or for personal noncommercial use including test, sample, comp or layout.

You may not use the images in any manner that is not expressly permitted in this agreement. All rights not expressly granted by this agreement are retained by Sky-Pics.com™.

An image may be incorporated in products offered for sale where the image is a significant part of the product (such as T-shirts, book covers, non-disposable packaging, coffee mugs, posters, greeting cards, etc.). You will need to purchase an additional resale illustration license to incorporate an image into these types of products.

An image may not be incorporated into a derivative artwork for which a claim of new copyright may be obtained.

An image may not be incorporated in a product for the purpose of redistributing, sublicensing or re-selling the image, and the images themselves may not be sold or rented, or downloaded or transferred electronically in a format designed or intended for permanent storage or re-use such as on an electronic network or bulletin board.

Pornographic, defamatory, or libelous use of the images is prohibited. If an image depicts or identifies a real person, a fictional character, a trademark, or any other legally protected property, you must consult your legal counsel to insure that your intended use of the image is not contrary to the rights of publicity and privacy or any other legal right of any person or entity concerned. You may not use an image that depicts or identifies a real person in connection with sensitive subject matter (e.g., sex, abortion, birth control, physical and mental ailments, or drugs), nor that conveys or implies endorsement of a product or service, without prior written permission from Sky-Pics.com™.

All rights in and title to this website and any disc mentioned on the website and the images and software on the disc are owned by Sky-Pics.com™ and its licensors and protected by copyright and other laws. No title to or intellectual property rights in the images are transferred to you. All rights not expressly granted herein are reserved. The disc may not be transferred by you without the prior written consent of Sky-Pics.com™. This License will terminate automatically without notice from Sky-Pics.com™ if you breach any of its provisions. For purposes of this License, the singular includes the plural and vice-versa.

LIMITED WARRANTY AND LIMITATIONS OF LIABILITY

Sky-Pics.com™ warrants this disc to be free from defects in material and workmanship for 90 days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of the disc or refund of the purchase price, at Sky-Pics.com™’ option. SKY-PICS.COM™ MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MECHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not permit the exclusion of implied warranties, and you may have other rights which may vary from jurisdiction to jurisdiction. NEITHER SKY-PICS.COM™, ITS DISTRIBUTORS NOR ITS LICENSORS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES ARISING OUT OF THIS LICENSE OR YOUR OR ANY THIRD PARTY’S USE OF THE IMAGES. IF SKY-PICS.COM™ SHALL HAVE ANY LIABILITY OF ANY KIND TO YOU OR ANY THIRD PARTY BY VIRTUE OF THIS LICENSE OR YOUR OR ANY THIRD PARTY’S USE OF THE IMAGES, YOU AGREE THAT THE TOTAL AGGREGATE LIABILITY OF SKY-PICS.COM™ SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE DISC. THIS LIMITATION OF LIABILITY REFLECTS AN ALLOCATION OF RISK BETWEEN YOU AND SKY-PICS.COM™ IN VIEW OF THE NOMINAL LICENSE FEE CHARGED.

Copyright ©2003 Sky-Pics.com™. All rights reserved.

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