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ILLUSTRATEDWORDS.COM END USER LICENSE AGREEMENT


ALL IMAGES AND ARTWORK on IllustratedWords.com are the sole property of IllustratedWords.com and are protected by United States and International copyright laws and treaties. Illustratedwords.com reserves all rights in and to the images/artwork except as expressly granted to you, as stated in the Standard License and the Extended License detailed in this agreement. Your rights to use any image/artwork are subject to this license agreement and upon the condition of your payment in full of all licensing fees for your use of the image/artwork. You must indicate "acceptance¡¨ of this agreement indicated by your clicking on the "I Agree¡¨ button at the end of this agreement in order to purchase the license to download and use any image/artwork on IllustratedWords.com.

BY ACCEPTING THIS AGREEMENT:

By clicking the "I Agree¡¨ button at the end of this agreement, You acknowledge acceptance of this Agreement for

Yourself and/or on behalf of the person/company that is identified as the account holder, and agree to be bound by the provisions of this agreement.


If you are not the account holder and do not have the authority to commit the account holder to this agreement, DO NOT click the "I Agree¡¨ button, because doing so indicates you agree to be held personally responsible for the fees related to this license agreement for the specific image/artwork transaction, if there is a dispute by the account holder.



You may choose a STANDARD LICENSE or an EXTENDED LICENSE. If you DO NOT select the type of license, the Standard License Agreement will be applied to the specific licensing transaction. An additional Extended License Agreement may be purchased at any time.


If you wish to purchase an Extended License Agreement, you must indicate your selection at the time of licensing the image/artwork to put the Extended License Agreement in place.

STANDARD LICENSE

The Standard License grants you perpetual, non-exclusive, non-transferable, worldwide use of the Image/artwork you purchase in keeping with the Permitted Uses that follow. You may not use any of the purchased Image/artwork in any way other than what Permitted Uses allow. All copyright and other intellectual property rights relating to the Image/artwork are retained exclusively by Mark Lee Golden / IllustratedWords.com.

Image/artwork purchased under the Standard License may be used only in the manner specifiedbelow. Any departure from Permitted Use of Image/artwork is an infringement of copyright and subject to legal action.


Permitted Uses Granted Under Standard License

You may use the image/artwork in the following manner:


„QPromotion and advertising, including presentations, film and video presentations, printed materials, product packaging, commercials, catalogues, brochures. You may also use Image/artwork for promotional greeting cards and promotional postcards provided neither is resold (retail) or offered for licensing. Not to exceed 499,999 impressions of the image/artwork. Retail sales require purchase of an Extended License.

„QEducational and entertainment, including video, broadcast and theatrical presentations, books and book covers, e-books, curriculum material, magazines, and newsletters. Not to exceed 499,999 impressions of the image/artwork. Retail sales require purchase of an Extended License.

„QElectronic and on¡Vline publications, including web pages. Unlimited impressions allowed.

  • Posters and prints for personal, educational or promotional purposes as itemized above.

Resale or licensing is not permitted. Not to exceed 499,999 impressions of the image/artwork. Retail sales require purchase of an Extended License.

If you have any question about permitted use, contact Mark Lee Goldenfor clarification


Summary of Standard License Rights

Up to 499,999 impressions permitted of
  • Promotional material
  • Print advertisements
  • Product packaging
  • Stationery, posters, prints for personaluse
  • Books, book covers, DVD labels and covers
  • Commercial film, movies, theatrical productions
  • Editorial print content: magazines, newsletters, newspapers

 

„QUp to 499,999 DVDs permitted for Commercial film, movies, theatrical productions

 

„Q Unlimited Useof purchased images on web sites in corporate and educational videos.

 


Under the Standard License You MAY NOTuse purchased images/artwork on products for resale, licensing or other distribution unless:


1. You purchase an Extended License

2. Original image/artwork has been modified to the extent that it constitutes an original derivative work under copyright and intellectual property law. NOTE: Superficial modification of image/artwork does not meet this criterion. For an original derivative work to be viable under this Agreement, the original Image/artwork purchased from IllustratedWords.com must no longer be recognizable nor vulnerable to download, extraction, or access by a third party as a stand-alone file.If in doubt, obtain an Extended License or contact Mark Lee Goldenfor direction.


Only you, as the buyer of record, are permitted to use the purchased Image/artwork.

However, for the sole purpose of reproduction in keeping with Permitted uses, you may transfer files containing Image/artwork or Permitted Derivative Works to your client, printer, or ISP (Internet Service Provider), providing these parties cannot access or extract the Original Image/artwork from the files you make available.


You may install and use the purchased Image/artwork in only one location at a time.

If you intend to use the purchased Image/artwork in more than one location or by more than one person, you must purchase Image/artwork for each location or obtain an Extended License that allows multiple-users. One (1) copy of the image/artwork is permitted as backup.

Prohibited use of your Standard License

In addition to prohibitions cited previously, you may not:

  • Create design templates of any kind for resale, either print or online using the Image/artwork or a part of Image/artwork.

  • Place Image/artwork on websites or in literature that offer "on demand¡¨ retail or promotional items ¡V i.e., cafepress.com.

„QUse the Image/artwork in posters or other items for resale, license or other distribution for profit unless you have purchased an Extended License

„QUse any of the Image/artwork as part of a trademark, design-mark, trade name, business name, service mark, or logo;

  • Use the Image/artwork in a fashion that is considered by Illustrated Words to be pornographic, obscene, immoral, infringing, defamatory or libelous in nature.

„QReverse engineer or disassemble any part of the Image/artwork

„QRemove any notice of copyright, which has been embedded in the Image/artwork

  • Lend, gift, sell, rent or transfer Image/artwork to a third party.

  • Use the Image/artwork at more than one location at a time

  • Post a copy of the Image/artwork on a network server for use by others.

  • Use or display Image/artwork in an electronic format that permits file sharing, downloading or distribution via mobile devices

  • Reproduce Image/artwork or an element of Image/artwork in excess of 499,999 units in print or other hard-copy distribution media. This applies to you individually or in combination with clients, or organizational reproduction of the Image/artwork. If you exceed the 499,999 quantity limit and have not purchased an Extended License, you will be required to pay $0.05 royalty for each reproduction over 499,999 units. Excluded from this prohibition are theatrical productions, website advertisements, broadcast and web-cast applications.


STANDARD LICENSE PRICING

  • Vector 149.00

  • Images

    • 800x600 pixels 7.00 [JPG Format]

    • 1600x1200 pixels 11.00 [JPG Format]

    • 2400x1800 pixels 15.00 [JPG Format]


 

 


EXTENDED LICENSE

In addition to the rights granted in the Standard License, the ExtendedLicense grants you perpetual, non-exclusive, non-transferable, worldwide use of the Image/artwork you purchase in keeping with the Permitted Uses that follow. 


Unlimited impressions of:

  • Promotional material
  • Print advertisements
  • Product packaging
  • Stationery, posters, prints for personal use
  • Books, book covers, DVD labels and covers
  • Commercial film, movies, theatrical productions
  • Editorial print content: magazines, newsletters, newspapers

 

  • Unlimited DVD¡¦s of commercial film, movies, theatrical productions

 

Resale items / Limited run.
  • Up to 100,000 postcards, greeting cards, stationery, stickers, and paper products,

  • Up to 10,000 posters, calendars or other similar publications, mugs or mouse pads,

  • Up to 2,000 t-shirts, sweatshirts, or other apparel, games, toys, entertainment goods, framed or mounted artwork in or on which the Image/artwork is used or displayed (the "Resale Merchandise"), provided that:

    1. The right to produce the Resale Merchandise in no way grants any right to you or any recipient of the Resale Merchandise in any intellectual property or other rights to the Image/artwork;

    2. You agree to indemnify the IllustratedWords.com from any cost, liability, damages or expense incurred by any of them relating to or in connection with any of the Resale Merchandise;

    3. Any production of Resale Merchandise in excess of the allowed run size is prohibited and requires the purchase of an additional Extended License.



EXTENDED LICENSE PRICING

  • Vector 299.00

  • Images

    • 800x600 pixels 119.99 [JPG Format]

    • 2400x1800 pixels 259.99 [JPG Format]

    • 3600x2700 pixels 499.99 [JPG Format]

 

 

Extended Electronic License:

You may create design templates of any kind for resale online.

Electronic Items for Resale License [Unlimited]: 399.00

 

 


Copy-Protection:

You, the client, must protect the copyright of Mark Lee Golden, the copyright owner, on all final art which is the subject of this license agreement, against duplication or alteration.



Credit Lines:

Mark Lee Golden shall be given a credit line on all applications of any licensed art which is the subject of this agreement, which shall read: "Word Graphic by Mark Lee Golden¡¨.




Severability

The parties have attempted to limit this agreement¡¦s provisions so that they apply only to the extent necessary to protect legitimate business and property interests. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision the remainder of the agreement would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced, as so limited.


Injunction

It is agreed that if the recipient violates the terms of this agreement, irreparable harm will occur, and monetary damages will be insufficient to compensate Illustratedwords.com. Therefore, in addition to monetary damages, Illustratedwords.comwill be entitled to seek injunctive relief (i.e., a court order that requires the recipient to comply with this Agreement) to enforce the terms of this Agreement. Licensee agrees to pay all attorneys and court costs incurred by Licensor [Illustrated Words LLC] for related litigation.


Indemnity

You, the Licensee, agree to defend, indemnify and hold Illustrated Words LLC, it¡¦s officers and all staff harmless against all costs, expenses, and losses (including reasonable attorney fees and costs) incurred through claims of third parties against the Licensee based on a breach by Licensee of any representations and warranty made in this Agreement.


Binding Agreement

This Agreement shall be binding upon and shall extend to the benefit and responsibilities of the parties, their heirs, agents, administrators, and successors.


Entire Agreement.

This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement, and there are no other promises or conditions in any other agreement whether oral or written.


Applicable Law

This Agreement shall be governed by the laws of the State of Washington. Venue for any action is agreed to be Spokane County, State of Washington, USA.


 



ACKNOWLEDGEMENT

You acknowledge that you have read this agreement, understand it, and had an opportunity to seek independent legal advice prior to agreeing to it. In consideration of Illustratedwords.com agreeing to provide the image/artwork, You agree to be bound by the terms and conditions of this agreement. You further agree that this is the complete and exclusive statement of the agreement between You and Illustratedwords.com, which supersedes any proposal or prior agreement, oral or written,and any other communication between you and illustratedwords.comrelating to the subject of this agreement.