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THIS IS A LEGAL AGREEMENT BETWEEN YOU ("Licensee") AND F&S Design Studio ("F&SDS"). YOU ARE REQUIRED TO READ THIS END USER LICENSE AGREEMENT ("License Agreement") AND ACCEPT ALL OF ITS PROVISIONS BEFORE YOU MAY PURCHASE ANY GRAPHIC. BY DOWNLOADING ANY GRAPHIC FROM www.FnSGraphics.com WEBSITE ("Website") YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THIS AGREEMENT CAREFULLY AND AGREE TO BE BOUND BY AND COMPLY WITH ITS TERMS. If you do not wish to be bound by this License Agreement, do not use this Website or download or use any Graphic from F&SDS.
F&SDS may at any time reserve this License Agreement by updating this posting. By using this Website, a Licensee agrees to be bound by any such changes.
Standard License Terms
Subject to the terms of this License Agreement, F&SDS grants Licensee a perpetual, worldwide, non-transferable, non-exclusive right to reproduce, transmit and display, in whole or in part, F&SDS Royalty Free Graphic ("Graphic") an unlimited number of times, in any and all media for the Permitted Uses described below. "Graphic" means illustrations, drawings, clipart, composites and any other visual representation that are obtained via download from this Website together with all accompanying metadata and other material. F&SDS represents that it has the right to grant the license herein. All other rights to the Graphic and accompanying materials (if applicable), including without limitation, copyright and all other rights, are retained by F&SDS.
Permitted Standard License Uses
You may, subject to Prohibited Uses below:
- Back up, and store, single Graphic as necessary on a single server for archival, tracking or asset management purposes only.
- Use the Graphic in any electronic or print media, including advertising and editorial use, provided such use is not intended to allow the re-distribution or re-use of the Graphic.
- Use the Graphic on product packaging or in any items for personal use or resale, including book covers, calendars, consumer merchandise, provided such use is not intended to allow the re-distribution or re-use of the Graphic.
- Limited, temporary transfers of the Graphic are permitted to third parties integral to the creation of the final product, provided such third parties agree to abide by the terms of this License Agreement.
- Alter, crop, modify or adapt the Graphic as necessary to fit your purposes, in connection with the above Permitted Uses.
- Use the Graphic as décor in an office, lobby, public area, restaurant, or retail store.
- Use the Graphic as design elements in video, film, or television broadcasts.
- Use the Graphic in connection with your business or entity (letterhead and corporate identity documents), except as prohibited below.
Prohibited Uses of Standard License
You may NOT:
- Sublicense, distribute, transfer or assign the Graphic or rights to the Graphic.
- Incorporate the Graphic or any part of the Graphic as part of trademark, service mark or logo. F&SDS or its licensors retain the full rights to the Graphic, and therefore you cannot establish your own rights.
- Display or distribute the Graphic in any digital format or for any digital use at a resolution greater than 72 dpi, except in editorial or preliminary design work. Doing so will be viewed as an attempt to distribute the Graphic in violation of this License Agreement.
- Use the Graphic in any downloadable format intended for multiple distribution including, without limitation, templates, software products, e-greetings, mobile devices (including but not limited to mobile telephones, handheld game consoles, and PDAs) or any other electronic or printed matter. You may contact F&SDS to find out about an Extended License for such use.
- Use any Graphic in any way that could be considered pornographic, defamatory, libelous, immoral or otherwise illegal manner, whether directly or in context or juxtaposition with other materials.
Number of Users/Seat License
Licensee may use the Graphic on a server, image library or network configuration to be viewed by Licensee provided that no more than 10 persons (including part-time and freelance employees or agents) of Licensee can access the Graphic. This is NOT a simultaneous user agreement. Before permitting access to more than 10 persons, Licensee must purchase an Extended License from www.FnSGraphics.com.
Extended License Terms
The Extended License permits broader use of the Graphic than our Standard License Terms allow. In each case where our Standard License is amended by the terms of an Extended License, all other terms and conditions of the License Agreement remain in full force and effect, including all Prohibited Uses. Permitted Uses of the Graphic purchased with the Extended License include:
- Extended usage of the Graphic to unlimited number of persons within your organization provided all such users are either employees or agree with F&SDS to be bound by the License Agreement.
- Use the Graphic in any electronic or print media for resale, license or other distribution.
Termination
This License Agreement is effective until it is terminated. This License Agreement will terminate automatically, without notice from F&SDS, if you fail to comply with any provision of this License Agreement. You can also terminate this License Agreement by destroying the Graphic, along with any copies or archives, any CD-ROM or accompanying materials (if applicable), and ceasing all use of the Graphic for any purpose. No refund will be provided upon such termination.
Ownership and Intellectual Property
F&SDS and its licensors retain all rights, title, and interest in and to all of the copyrights, patent rights, trademarks, trade secrets, and all other proprietary rights of the Graphic. Your rights to use the Graphic are subject to this License Agreement and the restrictions specified. Certain Graphic are trademarks of their respective owners ("Trademark Graphic"), and are offered as a convenience for their lawful use only, with proper permission from the copyright or trademark holder. Downloading Trademark Graphic from this Website does not give you authorization or permission to use the copyrighted Trademark Graphic without the specific consent of the copyright or trademark holder. Before you use, reproduce or distribute in any manner any Trademark Graphic downloaded on this Website, you must first receive the express permission of the holder of the copyright or trademark of that Trademark Graphic. Failure to obtain such permission is a violation under international law.
Acknowledgement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENCE AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF F&SDS AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE LICENCE AGREEMENT BETWEEN YOU AND F&SDS, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR LICENCE AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND F&SDS RELATING TO THE SUBJECT OF THIS LICENCE AGREEMENT.
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