Terms of Use
End User License Agreement
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ONE OR MORE OF THE FOLLOWING COMPANIES: , Taste Digital Media Inc. .REFERRED TO AS THE "LICENSOR"). BY OPENING THE DVD-ROM, OR DOWNLOADING A FILM CLIP , PSD FILE, FLASH TEMPLATE OR POWERPOINT TEMPLATE THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, PROMPTLY RETURN THE CD-ROM AND ALL ACCOMPANYING MATERIALS IN THE ORIGINAL CARTON FOR A FULL REFUND, OR CLICK ON YOUR BROWSER'S BACK BUTTON TO DECLINE THIS AGREEMENT. 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.
GRANT OF LICENSE
Taste Digital Media Inc. grants to you, and your employer if you are licensing on behalf of your employer, a nonexclusive, nonsublicensable right to use any media obtained from Taste Digital Media Inc. Digital Media and any Taste Digital Media Inc. video clip, and any derivatives or copies, on your personal computer.
The media may be used on a worldwide and perpetual basis as a part of:
(i) ADVERTISING and PROMOTIONAL MATERIALS (including packaging);
(ii) ONLINE or other ELECTRONIC DISTRIBUTION SYSTEMS (including web page design), to a maximum resolution of 320x240 pixels (72dpi) and BROADCASTS or THEATRICAL EXHIBITIONS; (iii) ANY PRODUCTS (including for-sale products) or PUBLICATIONS (electronic or print); and (iv) materials for PERSONAL, NONCOMMERCIAL use and TEST or SAMPLE use, including COMPS and LAYOUTS.
You may not utilize the media, in any manner that is not expressly permitted in this licenseagreement. All rights not specifically granted above are retained by Licensor(s).Except as specifically provided in this agreement: 1) media may be shared or copied
Use of the media, or any part thereof, as a trademark or service mark, is not permitted.No media may be sublicensed, resold or otherwise made available for use or distribution separatelyor detached from a product or web page. For example, media may be used as an integral part of aweb page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by website users. Similarly, clients may be provided
with copies of media(including digital files) as an integral part of work product, but may not be provided with media or permitted to use media separately. One copy of the CD may be made for backup purposes only, but may be used only if the original media becomes defective, or is destroyed or otherwise irretrievably lost.
You may not transfer stills, images or media with the intent to distribute or to be included as part of a library or collection which may compete with the Licensor.
You may not include the media in any electronic template or application, including those which are web-based, where the purpose is to create multiple impressions of an electronic or printed product, including but not limited to, website designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter.
Licensor(s) warrants the media to be free from defects in material and workmanship for 90 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the Digital Media, Software or disc or refund of the purchase price, at Licensor(s)'s option. LICENSOR(S) MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not permit the exclusion of implied warranties, and you may have other rights which may vary from state to state.
NEITHER LICENSOR(S) NOR ITS LICENSORS 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.
GENERAL
You may not decompile, reverse engineer, disassemble or otherwise reduce to human-readable form any media contained on this disc. All rights to the media and disc are owned by Licensor(s) and/or its licensors and are protected by United States copyright laws, international treaty provisions and other applicable laws. The media and disc are licensed only to you, or your employer if you are licensing on behalf of your employer. However, this agreement and the license to use the media may be transferred to another person or legal entity if the following conditions are met: you, or your employer if you are licensing on behalf of your employer, (i) transfer the media and disc without keeping or storing any copy, (ii) do not utilize any media in the future in any manner, (iii) transfer this physical agreement to the transferee, and (iv) the transferee agrees to be bound by the terms hereof. The license contained in this agreement will terminate automatically without notice from Licensor(s) if you, or your employer if you are licensing on behalf of your employer, fail to comply with any provision of this agreement. Upon termination, you, and your employer if you are licensing on behalf of your employer, must immediately (i) stop using the media and disc, (ii) return the media and disc and all copies of all of them to Licensor(s), and (iii) delete any Macs, Taste Digital Media Inc. Digital Media and all copies of all of them from all magnetic media and destroy all other copies or, upon request of Licensor(s), return all such copies to Licensor(s). Use of the media must be in compliance with all applicable law, including, but not limited to, laws and regulations relating to currency and the law of moral rights. Licensor(s) reserves the right to discontinue the use of any media for any reason and to elect to replace the media with alternate media. Upon notice of any discontinuance of a license for any particular Digital Media, you, and your employer and your client if applicable, agree not to use such Digital Media in the future. This agreement will be governed in all respects by the laws of the State of Washington, U.S.A., without reference to its laws relating to conflicts of law. You indemnify Macs,Taste Digital Media Inc. for any and all losses, damages, liabilities, claims, costs associated with the use of media for lawful or unlawful purposes.