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NOTE: RUBBERBALL PRODUCTIONS IS A STOCK IMAGE SUPPLIER OF STILL PHOTOGRAPHY AND DIGITAL MOTION FILM FOOTAGE.


THIS IS A LEGAL AGREEMENT BETWEEN YOU AND RUBBERBALL PRODUCTIONS (hereafter "RBP"). READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU DOWNLOAD OR PURCHASE ANY IMAGE, MOTION CLIP, SOFTWARE ("the Stock Files") OR CD (collectively with the Stock Files, the "Product"). BY DOWNLOADING ANY IMAGE AND/OR SOFTWARE FROM OUR WEBSITE OR CD, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT DOWNLOAD OR USE ANY STOCK FILE PUBLISHED BY RBP. THESE IMAGES ARE COPYRIGHT PROTECTED.


IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.


ALL OF THE IMAGES ARE COPYRIGHTED MATERIAL EITHER BY RBP OR BY A THIRD PARTY THAT HAS LICENSED THE USE OF THE IMAGES TO RBP.


USAGE RESTRICTIONS
This agreement denies usage of any of the Stock Files in any pornographic or defamatory manner. Images of models, male or female, cannot be used to create pornographic material or be used in combination with, or associated with pornographic material. Additionally, images of models or people may not be used to promote or suggest ideas or lifestyles that the actual models in the photographs may not be comfortable associating. Images may not endorse, promote, represent or be used in connection with alternative (gay and/or lesbian) lifestyles; alcohol; tobacco; illegal drugs; psychological, psychotropic, and/or physical disorders; criminal and/or anti-social behaviors; sexual and/or pornographic contexts; and/or controversial political views. In addition, any uses which may be construed by the model as degrading, offensive, defamatory or which deal with controversial subjects of any kind are not covered in the releases RBP has in its possession. Such uses, if they are made at all, must be approved in writing by RBP, prior to usage. Inquiries may be made by phone (801-224-6886), fax (801-224-3353) and/or e-mail (photos@rubberball.com). If you have any questions regarding a license issue or usage, please call RBP (see below for contact information). As always, use your best judgment when considering usage of these images. RBP will not be held accountable for any claims resulting from the unauthorized usage of the Stock Files contained on this CD. Furthermore, any usage of the images for pornographic, negative or defamatory purposes may result in legal action by RBP and/or affected parties.


USAGE LIMITATIONS
You may:


1) allow up to ten (10) specific individuals to use the Product, provided that all users are employed by you or who are engaged by your enterprise;


2a) (the following applies to Still Photography only) modify, copy, and incorporate Stock Files in advertising, communications, marketing and promotional materials, multimedia projects, internet web page design, video, graphic design projects and general Derivative Works, that you design for yourself or your clients. Website design and promotion is acceptable. You may not use the Stock Files in any way that is not specifically allowed by this Agreement;


2b) (the following applies to Digital Motion Footage only) use the Stock Files for advertising and promotional materials, online (web page design) to a maximum resolution of 640x480 pixels, broadcast and theatrical exhibitions, publications, commercial projects for clients, and in materials for personal and noncommercial use.


Without limiting the generality of the foregoing, you may not:
1) copy the Product in its entirety or otherwise substantially reproduce the Product;


2) allow more than ten (10) authorized users to use the Product or Stock Files;


3) redistribute or resell the Stock Files, or modified versions of the Stock Files including, but not restricted to, portions of the Stock Files incorporated into other images or video, as another image library or as another type of product which is similar to, or competes with, the Product;


4) rent, lease, time-share or sub-license the Stock Files or any derivative of the Stock Files;


5) place any portion of the Product on a computer network, intranet, internet, computer bulletin board or other form of on-line or internet-accessible service for the express purpose of access or distribution;


6) use the Stock Files or any derivative as a trademark or service mark;


7) you may provide your clients with copies of the Stock Files as an integral part of your work, but you may not permit clients to use the Stock Files separately;


8) (the following limitation applies to Still Photography only) use of any RBP image for the purpose of creating a product or products for resale, such as greeting cards, posters/prints, T-shirts, or calendars for commercial sales, in which the primary value of the product for sale is the image itself. If this type of usage is required please contact RBP to arrange for special licensing by calling 1-888-224-3472.


(SEE BELOW FOR FURTHER DETAILS);


LIMITED WARRANTY
RBP warrants that, for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt, the media you download or upon which the CD is furnished under normal use will be free from defects in materials and workmanship. RBP's entire liability and your exclusive remedy under this warranty (which is subject to you returning this software to RBP or an authorized dealer with a copy of your receipt) will be, at RBP's option, to replace the media or to refund the purchase price and terminate this agreement. The warranty does not apply to Derivative Works created by you or anyone licensed by RBP to use the Stock Files.


Except for the above express limited warranties, the product is provided to you as is. RBP makes and you receive no warranties or conditions, express, implied, statutory, or in any communication with you, and RBP specifically disclaims any implied warranties of merchant ability, noninfringement and fitness for a particular purpose. RBP does not warrant that the operation of this Product will be uninterrupted or error free, will meet your requirements, or will operate with the combination of hardware and software selected by you.


In no event will RBP be liable for any damages, including loss of data, lost profits, cost of cover or other special, incidental, consequential or indirect damages arising from the use of the product, however caused and on any theory of liability. This limitation will apply even if RBP or an authorized dealer has been advised of the possibility of such damage. You acknowledge that the license fee reflects this allocation of risk. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
This Agreement will be governed by the laws of the State of Utah. In any dispute arising out of this Agreement, you and RBP each consent to the exclusive personal jurisdiction and venue in the state and Federal courts within Salt Lake City, Utah. This Agreement is the entire agreement held between us and supersedes any other communications or advertising with respect to the software and accompanying documentation. If any provision of this agreement is held invalid, the remainder of this Agreement shall continue in full force effect.


RubberBall Productions Orem, Utah 84058. The following is a general guideline of acceptable still photography image uses under this license agreement.


STANDARD LICENSE ENCOMPASSES THE FOLLOWING (still photography):
- Materials for internal company use and for production on third party projects.
- In print form only for advertising and promotional materials.
- In TV or cable broadcasts.
- As a part of any on-line or electronic process or multi-media.


EXAMPLES OF ACCEPTABLE USE:
- product catalogs
- direct mail
- corporate logos
- newsletters
- advertising and editorial layouts
- trade show materials
- multi-media presentations
- corporate brochures
- web page design
- text books
- teaching materials
- permanent packaging


THE FOLLOWING IS A GENERAL GUIDELINE OF USAGE NOT AUTHORIZED WITHOUT THE EXPRESS CONSENT OF RUBBERBALL PRODUCTIONS (still photography)
- calendars for resale
- greeting cards for resale
- stationary for resale
- CD and album covers for resale
- multimedia games/educational for resale
- clothing items for sale
- postcards for resale
- posters for resale


RubberBall Productions, 2001.
All Rights Reserved. All trademarks are the property of their respective owners.