[01] Grant of License, General Terms.
Licensor owns and distributes the Product named above. In accordance
with this agreement, Licensor grants Licensee a non-exclusive website
license to distribute images on their website(s). Licensor retains
titles and ownership of the Product, and gives up no legal rights as
part of this agreement. Licensee agrees not to sell or distribute the
images via any physical method (such as diskette, CD-ROM, paper
printing, or any other technology not specifically named in this
document) without additional written permission and payment of fees.
Licensee acknowledges that unauthorized reproduction of copies of the
licensed material may constitute a serious crime, and that such
actions may also result in a suit for damages, injunctive relief, and
attorney fees, pursuant to this agreement and to other rights that the
licensor may have. It is understood, not withstanding any other
provisions of this agreement, licensor has the unequivocal right to
obtain timely injunctive relief to protect the proprietary rights of
Licensor.
[02] Grants of Usage.
The images are for use as content on LICENSEE'S Internet based "WebSites", the registered domain names of which are listed on this contract. Images, when presented by the terms of this agreement, may be used as member's content only in a password protected area when accessed only by members of the registered and licensed domains.
Banners and Webpage Design: Licensee may use a limited number of
images for use in banners and web-page design elements. Licensee may
use up to five (5) images for banner usage and web-page design elements
from a licensed collection. Banners with licensed material on them must
be linked to a site owned by the licensee, and material used in
webpage design elements must be located on a website owned by the
licensee. All of the material
contained on the Product may be used as "web content" on ten (10)
domains owned by the Licensee. Licensee may distribute the product
only via internet website(s) which are intended for end user usage
only. The product may not be placed on a website with the intent to
resell the content's use to other webmasters. All elements not used
for banner usage or webpage design are to be placed behind some form
of membership only access system, such as an Adult Verification
Service, or a paysite membership system.
Images can be used outside of the password protected members areas, as "Samples" or on Free or AVS sites
providing they are no larger than 400 pixels on the long side and contain a
LICENSEE'S, licensed domain URL, and a clearly readable "Licensed from
MosquitoArtists.com" text. Text must be a minimum 12 point
Verdana.
Thumbnails: Any and all images can be shown without restriction as thumbnails, in tours and or as thumbnail previews no larger than 150x150 pixels on LICENSEE'S registered licensed Internet "Web Sites" to promote licensed domains on Free Sites or AVS sites.
Licensee may not alter the images to make them appear to be the
copyrighted property of anyone other than Licensor. Licensee may not
post the product to any "Newsgroup" servers. Licensee is NOT
licensed to rent, lease, transfer, network, reprise display, or
distribute the Product materials, except as specifically provided
above. You may not knowingly allow other websites to use this content,
either by renting it's usage on your site, or by allowing them to link
to your website.
[03] Content Editing Provisions.
"Cropping" of the material is allowed. Changing the
file format and compression technique used is allowable. You may
rename files. Editing the files to remove existing text and/or logos
is allowed. Editing the files to make them more suitable for your
usage is allowed, however, changing the content of the material (such
as morphing or editing another person or object into the photo, or
changing the appearance of one that is there), is allowed. Image
Watermarks or Imbedded code (such as JPG comments) may not be removed
by the Licensee.
[04] Revocation of License.
Licensor may revoke Licensee's license in the event that Licensee
violates one or more of the provisions of this license. The License is
automatically revoked if the Licensee declares bankruptcy, obtains a
refund of the product payment, or causes the product payment to become
invalid through any action, such as fraudulent use or credit card
chargeback. Involuntary revocation of the license does not grant
Licensee any refund of the payment made.
[05] Modifications.
Any modifications not specifically listed in this document are not
granted without express written permission of Licensor.
[06] Transfer of Rights.
This agreement shall be binding on any successors of the parties.
Licensee does not have the right to assign it's interests in this
agreement to any other party, unless the prior written consent of
Licensor is obtained.
[07] Entire Agreement.
This agreement contains the entire agreement of the parties and there
are no other promises or conditions in any other agreement whether
oral or written. This agreement supersedes any prior written or oral
agreements between the parties. This agreement requires that Licensee
return a copy of this page to Licensor via Email in order for this agreement to
be binding.
[08] General Provisions.
Violation of this agreement may result in the immediate revocation of license without refund upon written notification of violation to Licensee from Licensor or its legal representative. Violation of the Terms and Conditions of this license by LICENSEE will give cause for the revocation of all rights for use of LICENSOR images, until the violations have been rectified to conform to the terms of license. Repeat violations will result in the complete revocation of license by the LICENSOR.
