Clip Art License Agreement

READ THIS BEFORE OPENING THE SOFTWARE AND ITS DOCUMENTATION. BY DOWNLOADING THIS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND TO MAKE PAYMENT IN FULL FOR JRG MEDIA CLIP ART. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT DO NOT PURCHASE THIS PRODUCT.

LIMITED USE LICENSING AGREEMENT

LICENSE GRANT. Subject to payment of applicable license fees, JRG Media L.L.C. grants to you a non-exclusive license to use JRG Media Clip Art software and accompanying documentation in the manner described below under “Scope of Grant”. Your purchase of a copy of JRG Media Clip Art entitles you to use the contents of JRG Media Clip Art (“the Software”) only as set forth in this license agreement.

SCOPE OF LICENSE GRANT

You MAY: Use the software, provided you or your company has lawfully purchased the software and made payment in full; Use the software on any single computer; Use the software on a second computer so long as only one (1) copy is used at a time; transfer files from the software to a service bureau or supplier for the express purposes of outputing or printing designs created by a licensed user of the software.

You MAY NOT: Give away this product as an inducement for promotion purposes, goodwill purposes or any other purposes; Permit concurrent use of the software or use the software on a network; Modify, translate, reverse engineer, decompile, disassemble (except and solely to the extent an applicable statute expressly and specifically prohibits such restrictions), or create derivative works based on the software; Use any of the contents of the Software or files contained her-in for resale, or Rent, lease, grant a security interest in, or otherwise transfer rights to the software; Remove any proprietary notices or labels on the software; With the exception of transferring files to a service bureau or supplier for the express purposes of outputting or printing designs created by a licensed user of the software, you may not transfer electronically this product or the files it contains, including but not limited to e-mail or posting on any computer bulletin board or network to anyone that is not licensed to use the software; Post copies of the files contained in this product on any Internet location, including computer bulletin boards and web sites, without the express written permission of JRG Media L.L.C.; Use any of the images or files contained in the software without payment in full for the software; Duplicate the JRG Media Clip Art CD-ROM onto any removable storage media or distribute copies of the JRG Media Clip Art CD-ROM to anyone.

TITLE: Title, ownership rights, and intellectual property rights in the software and documentation shall remain in JRG Media L.L.C. and/or its suppliers. The software and documentation is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the software is the property of the applicable content owner and is protected by applicable law. The license granted under this Agreement gives you no rights to such content. JRG Media L.L.C., its parent, or affiliated companies, assume no responsibility with respect to the lawful or unlawful use of the software. In addition, JRG Media L.L.C. neither, endorses any of the companies, organizations, services or products referenced herein, nor are they endorsed by or affiliated with any of these companies, or organizations.

TERMINATION: The license granted hereunder to use the software will terminate automatically if you fail to comply with the limitations described herein or fail to pay for the product in full. Upon termination of the license to use the software, you must destroy all copies of the software and documentation. The digital files and images in all JRG Media L.L.C. software are the property of JRG Media L.L.C. You are only licensed to use these copyrighted images provided you have made payment in full. If you have used any copyrighted image from the software without payment in full, you have violated Federal and International copyright laws. You must cease and desist use of all JRG Media L.L.C. copyrighted materials until the product is paid for in full. Any previous usage of any copyrighted JRG Media L.L.C. image for any purpose constitutes a Federal and International copyright violation. To restore your original software license to use these images, you must make payment in full. JRG Media L.L.C. will prosecute copyright violations to the full extent of the law.

TRADEMARK AND COPYRIGHT RIGHTS

WARNING – JRG Media Clip Art contains files of various corporate and product logos. These logos in many cases are the copyright or trademark of other persons or entities. Purchasing JRG Media Clip Art collection does NOT give you authorization or permission to use the copyrighted trademarked logos without the specific consent of the copyright or trademark holder. Before you use, reproduce or distribute in any manner a logo or file contained in JRG Media Clip Art, you MUST first receive the express permission of the holder of the copyright or trademark of that logo. Failure to first obtain permission is a violation under United States and International law of the rights of the copyright or trademark holder, and also is a violation of your licensing agreement with JRG Media L.L.C. JRG Media L.L.C. will vigorously enforce the terms of this licensing agreement, including offering assistance to any copyright or trademark holder of a logo contained in JRG Media Clip Art to enforce the holders legal rights for violation of this license agreement and United States and International copyright and trademark laws.

Purchase of JRG Media Clip Art software and documentation is not an authorization for the use of any specific logo or protected color and/or color scheme or combination included in this collection.

Any and all copyright and disclaimer notices contained on the individual CD packaging and discs are hereby incorporated by reference and are a part of this Agreement.

If you have received the express permission of the copyright or trademark holder of a file contained in JRG Media Clip Art, this License Agreement authorizes you to use the logo only consistent with the terms of the express permission of the copyright or trademark holder.

The purchaser agrees to hold harmless and indemnify JRG Media L.L.C. for any liability incurred as a result of the purchaser’s unauthorized use of any materials contained in JRG Media Clip Art, including but not limited to use of logos in violation of any right of the copyright or trademark holder of such logos.

EXPORT CONTROLS: None of the software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into or to a national or resident of Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By opening or using the software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

LIMITATION OF LIABILITY: Under no circumstances and under no legal theory, tort, contract, or otherwise, shall JRG Media L.L.C. or its suppliers or resellers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill work stoppage computer failure or malfunction, or any and all other commercial damages or losses. In no event will licensor be liable for any damages in excess of the amount licensor received from you for a license to the software, even if licensor shall have been informed of the possibility of such damages, or for any claim by any third party. This limitation of liability shall not apply to liability for death or personal injury resulting from licensor’s negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to you. JRG Media L.L.C. reserves the right to substitute any of the files or images contained in this collection at any time, without prior notice.

WARRANTY: This is a limited warranty, and it is the only warranty made by licensor or its suppliers. JRG Media L.L.C. makers no other warranties, express or implied, including but not limited to WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGMENT OF THIRD PARTIES’ RIGHTS. You may have other statutory rights. However, to the full extent permitted by law, the duration of statutorily required warranties, if any, apply unless they are required to apply by statute notwithstanding their exclusion by contract. No dealer, agent, or employee of JRG Media L.L.C. is authorized to make any modifications, extensions, or additions to this limited warranty.

JRG Media L.L.C. warrants that for a period of sixty (60) days from the date of acquisition, that:

We will replace free of charge your CD-ROM if physically damaged for any reason;

The sole liability of JRG Media L.L.C. for any breach of this warranty shall be to refund the license fee you paid for the software. Only if you inform JRG Media L.L.C. of your problem with the software during the applicable warranty period and provide evidence of the date you purchased a license to the software will JRG Media L.L.C. be obligated to honor this warranty.

ANY LIABILITY OF JRG Media L.L.C. WILL BE LIMITED EXCLUSIVLY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.

MISCELLANEOUS: This Agreement represents the complete agreement concerning the license granted hereunder and may be amended only by writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by Colorado law, excluding conflict of law provisions (except to the extent applicable law, if any provides otherwise). The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

Copyright ©2010, JRG Media L.L.C. • P.O. Box 280869 • Lakewood, CO 80228-0869. Telephone (303) 984-0404

©2010 JRG Media L.L.C. VectorCafe and Vectorwarehouse All Rights Reserved