End-User License Agreement for fStop Royalty-Free Images
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND FSI FONTS UND SOFTWARE GMBH (HEREINAFTER "FSI"). BY DOWNLOADING IMAGES FOR PURCHASE FROM THIS WEBSITE.
For the purpose of this Agreement the term "IMAGE" shall mean any
photographic image(s), illustration(s) or graphics.
If you are entering this Agreement on behalf of your employer, the
terms and conditions recited herein apply to your employer as well
as to you as a representative of your employer. Should you cease
working for your employer, you will no longer be entitled to use the
IMAGE, but your employer will continue to be the license holder.
GRANT OF LICENSE
FSI grants you the non-exclusive, non-transferable right to use and
modify the IMAGE in materials for yourself or your direct clients, who
must be the end-user.
PERMITTED USAGE
You may use the IMAGE in advertising and promotional projects for
yourself or your clients, for example: printed materials (brochures,
books and book jackets, company reports, internal and external
newsletters), advertisements, packaging, presentations, web and
multimedia projects. The IMAGE may be distributed within the same
company within a network of servers to up to 10 named individuals
within the company. If the IMAGE is to be placed onto a network
accessible by more than 10 named individuals, please contact FSI or
your local distributor to request an additional-user license upgrade.
LICENSE RESTRICTIONS
You may not place the IMAGE on-line in a downloadable format, post
the IMAGE on any electronic bulletin board or on-line service, or use
the IMAGE in a website at a resolution higher than 72 dpi. For example,
the IMAGE may be used as part of a website design, but it must not be
downloadable separately or stored in any way for re-use by website
users.
You may not include the IMAGE in any template or application, whether
web-based or not, with the purpose to create multiple impressions of
a product. This includes, for instance, e-cards, business cards or any
other electronic or printed matter.
You may not use the IMAGE for commercial products if the IMAGE is
the essential part of the design and thereby increases the value of the
product (for example calendars, T-Shirts).
You may not use, or allow anyone else to use the IMAGE to create
material which may be considered pornographic, defamatory or in
any other way unlawful.
FSI and its suppliers do not and cannot warrant the performance
or results you may obtain by using the IMAGE. The foregoing
states the sole and exclusive remedies for FSI's or its suppliers'
breach of warranty. Except for the foregoing limited warranty,
FSI and its suppliers make no warranties express or implied, as
to non-infringement of third party rights, merchantability, or fit-
ness for any particular purpose. In no event will FSI or its sup-
pliers be liable to you for any consequential, incidental or special
damages, including any lost profits or lost savings, even if a FSI
representative has been advised of the possibility of such damages,
or for any claim by any third party.
Some states of jurisdictions do not allow the exclusions or
limitations of incidental, consequential or special damages, so
the above exclusion may not apply to you. Also, some states or
jurisdictions do not allow the exclusions of implied warranties
or limitations on how long an implied warranty may last, so the
above limitations may not apply to you. To the extent permissible,
any implied warranties are limited to ninety (90) days. This
warranty gives you specific legal rights. You may have other
rights that vary from state to state or jurisdiction to jurisdiction.
For further warranty information, please contact FSI.
You may not rent, lease, sublicense, give, lend, further distribute
or grant any rights to the IMAGE, or any compilation or derivative
work containing the IMAGE, to any third party without prior written
consent of FSI.
If the use of an IMAGE featuring a person implies that this person
endorses, uses, or is in any other way connected to a product or
service, you must write a disclaimer to the effect that the person
is a model and the IMAGE is used for illustrative purposes only.
USE OF COMPING FILES
Comping files are low-resolution images without watermarks. You
may use these files to take a closer look at a particular image or to
create materials for layout purposes. Comping files are not licensed
for use in final projects, whether for internal or external use.
COPYRIGHT
The IMAGE is the copyright of the PHOTOGRAPHER. This Agreement
does not give you any title or intellectual property rights to the IMAGE.
FSI retains all rights not expressly granted by this License Agree-
ment. International treaty provisions and other applicable laws apply.
LIMITED WARRANTY
FSI warrants to you that the IMAGE is free from defects in material
and workmanship for the ninety (90) day period following download.
Your entire and exclusive remedy shall be limited to either, at FSI's
option, the replacement of the IMAGE or the refund of the purchase
price.
GOVERNING LAW
You agree that this Agreement will be governed by the laws
of Germany applicable to contracts wholly performable within
such state. This agreement will not be governed by the United
Nations Convention of Contracts for the International Sale of
Goods, the application of which is expressly excluded. If any
part of this agreement is found void and unenforceable, it will
not affect the validity of the balance of the Agreement, which
shall remain valid and enforceable according to its terms. You
agree that the IMAGE will not be shipped, transferred or ex-
ported into any country or used in any manner prohibited by the
United States Export Administration Act or any applicable export
laws, restrictions or regulations. This Agreement shall auto-
matically terminate upon failure by you to comply with its terms.
At termination, the product must be returned to FSI immedi-
ately. This Agreement may only be modified in writing signed
by an authorized officer of FSI.
If this product is acquired under the terms of a (i) GSA contract
use, reproduction or disclosure is subject to the restrictions set
forth in the applicable ADP Schedule contract, (ii) Dod contract
use, duplication or disclosure by the Government is subject to
restrictions set forth in subparagraph (c) (1) (ii) of 252.277-7013;
(iii) Civilian agency contract use, reproduction, or disclosure is
subject to 52.277-19 (a) through (d) and restrictions set forth in
the accompanying End User License Agreement.
fStop and fStopImages are trademarks of FSI pending registration
in US Patent & Trademark Office and elsewhere.