Agreement for the Use of Images
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By downloading any image from this web site, you agree to the terms contained in this document, which is a legal agreement ("Agreement") between you and Aerial Archives governing images downloaded from this web site. If you do not agree to these terms, do not download imagery from this web site or from any links to Aerial Archives' imagery located on other sites. This Agreement applies to licenses issued via the web and is applicable to online, digital delivery of image files. In the event of any conflict in the terms of translation of these terms into other languages, the English version shall govern. 1. The images and other content displayed on this web site or otherwise delivered referencing this document are copyrighted property of Aerial Archives and/or its imaging contractors. 2. Aerial Archives grants to you, for a period of thirty (30) days (the "Term"), a non-assignable, non-exclusive, non-licensable and non-transferable right to use the image file you have selected and any derivatives or copies (such file and any derivatives or copies referred to as the "Licensed Content"), on your personal computer. The Licensed Content may only be used in materials for personal, non commercial use or for use in tests or samples, including comps and layouts. All usage rights terminate upon the expiration of the Term of the license in this Agreement. 3. The Licensed Content may be used for evaluation purposes only and not in any final materials distributed, projected or otherwise displayed inside your company or organization or in any materials distributed, projected or otherwise displayed outside of your company or organization or to the public. The Licensed Content may not be used in any advertising or marketing materials or in any online or other electronic distribution system, except that you may transmit comps digitally or electronically to your clients for their review. Any use of the Licensed Content beyond that expressly granted in this Agreement requires the express, written authorization of Aerial Archives. 4. Except as specifically provided in this Agreement, the Licensed Content may not be shared or copied. Any unlawful or defamatory use is prohibited. You agree not remove any copyright, trademark, watermark or other proprietary notice contained in the Licensed Content or any information contained in the file information or metadata field or tage of any file. 5. Aerial Archives warrants that the digital copy of the Licensed Content in the form downloaded by you is free from defects in material and workmanship for 30 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the digital copy of the Licensed Content. AERIAL ARCHIVES MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states or jurisdictions do not permit the exclusion of implied warranties, and you may have other rights which may vary from state to state and jurisdiction to jurisdiction. NEITHER AERIAL ARCHIVES NOR ANY OF ITS IMAGING CONTRACTORS SHALL 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. In no event shall Aerial Archives' liability exceed any amounts paid by you to Aerial Archives. 6. All rights to the Licensed Content are owned by Aerial Archives and/or its imaging contractors and are protected by United States and other nations copyright laws, international treaty provisions and other applicable laws. Aerial Archives and its imaging contractors retain all rights not expressly granted by this Agreement. The license contained in this Agreement will terminate automatically without notice from Aerial Archives upon expiration of the 30 day comp license period or, if you fail to comply with any provision of this Agreement, at such earlier time. Upon termination, you agree to immediately stop using the Licensed Content and either destroy any digital Licensed Content or return the Licensed Content and all copies to Aerial Archives. |