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NorthWest Photo Inc. and NorthWest Sports News LICENSING TERMS & CONDITIONS
END-USER LICENSE AGREEMENT (EULA) ? By downloading any image or material from our website, you hereby agree to the following terms and conditions as outlined herein, and as listed elsewhere on our website:
This agreement is made by and between NorthWest Photo Inc. and NorthWest Sports News (otherwise listed herein as You or Your) who creates an account for the right to access, acquire, and use Materials from this website. NorthWest Photo Inc. and NorthWest Sports News hereby represents that it owns all rights and copyrights to all materials on our website, and all rights and copyrights to said website and materials shall remain the exclusive property, right and control of and under NorthWest Photo Inc. and NorthWest Sports News and Materials from our website will constitute and be defined as any photo, image, design, or layout represented on the NorthWest Photo Inc. and NorthWest Sports News website. By downloading any Materials from NorthWest Photo Inc. and NorthWest Sports News you are asserting your declaration that you have read, understood, and agreed to all terms and conditions listed in this Agreement, and otherwise identified on our website.
Terms of Use and Conditions as Defined Below:
A. User's Rights to Materials from NorthWest Photo Inc. and NorthWest Sports News. You agree to access, acquire, and use our Materials as follows:
- These Terms and Conditions constitute a legal Agreement between You and NorthWest Photo Inc. and NorthWest Sports News.
- NorthWest Photo Inc. and NorthWest Sports News does NOT grants you a nonexclusive, nontransferable license to download, use, modify, publish, and display our Materials.
- Any material purchased as print or as a download cannot be used commercialy for profit or non profit without written permission from NorthWest Photo Inc. and NorthWest Sports News and the photographer.
B. User's Restrictions on the Use of NorthWest Photo Inc. and NorthWest Sports News Materials. You agree not to access, acquire, or use our Materials in any of the following manners:
:
- You may not distribute, share, sell, or give away any of our Materials at any time for any reason whatsoever in a commercial or for profit or for publishing event.
- You may not distribute our Materials electronically or in hard copy, except as specifically outlined in the ?User?s Rights to Materials from NorthWest Photo Inc. and NorthWest Sports News section of this Agreement.
- You may not use any of the Materials downloaded or obtained from our site in a Website template or any template or design sold individually or as part of an archive or catalog collection, or an automated shopping system, under any circumstances. You MAY however use our photos in client websites that are NOT distributed through an archive or automatic system.
- You may not allow or authorize any third party to use the Materials for any purpose at any time or resell, sublicense, or otherwise make available the Materials for use or distribution separately or detached from a product or Web page.
- You may not use any download software, internet accelerators, or other similar software or automated programs to access or download any materials from our website at any time.
- You may not under any circumstances use Materials in connection with any illegal, obscene, immoral, or pornographic material.
C. You understand and agree that NorthWest Photo Inc. and NorthWest Sports News may, in its sole discretion: Investigate all abuse of our material
D. You understand that Materials are copyrighted and owned by NorthWest Photo Inc. and NorthWest Sports News only, and any unauthorized use of any of these Materials by you may be an infringement upon said copyright.
E. NorthWest Photo Inc. and NorthWest Sports News and all Materials are made available to you AS IS,AS AVAILABLE, and WITH ALL FAULTS. NorthWest Photo Inc. and NorthWest Sports News its employees, directors, and officers and anyone else associated with NorthWest Photo Inc. and NorthWest Sports News makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. NorthWest Photo Inc. and NorthWest Sports News further makes no representation or warranty that your usage of NorthWest Photo Inc. and NorthWest Sports News will be uninterrupted, error free of computer viruses, or other damaging materials.
F. NorthWest Photo Inc. and NorthWest Sports Newsits employees, directors, and officers, or anyone else associated with NorthWest Photo Inc. and NorthWest Sports News shall not be liable for any indirect, special, consequential, economic damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Materials. NorthWest Photo Inc. and NorthWest Sports News, its employees, or related parties, will in no event be liable for any damages to exceed the amount paid by you for accessing or using NorthWest Photo Inc. and NorthWest Sports News,}, and for accessing, acquiring, and/or using Materials from NorthWest Photo Inc. and NorthWest Sports News.
G. AGE OF MAJORITY. You warrant and attest that you are of the age of majority, and that your signature shall serve as confirmation and attestation to this statement. You further agree that you fully understand the contents, meaning and impact of this agreement. You will not use these Materials in any way that is not permitted in this Agreement or in violation of this Agreement. Your use of these Materials will not violate any applicable law or regulation of any country, state, or other governmental entity. You further attest that the information you provide to NorthWest Photo Inc. and NorthWest Sports News is accurate and true, including without limitation all credit card information
H. You agree to fully, indemnify, and hold harmless NorthWest Photo Inc. and NorthWest Sports News, its employees, directors, officers, and any other entity associated with NorthWest Photo Inc. and NorthWest Sports News and each of its successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys? fees and expenses, arising in connection with Your use of the Materials and this website or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement.
I. ENTIRE AGREEMENT. You acknowledge that this agreement expresses the parties entire understanding and agreement, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this agreement. Any modifications to this agreement shall be made in writing and agreed to by both parties in writing. The parties further acknowledge that this agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between the Buyer and Seller with respect to the matters expressly set forth in this agreement.
J. You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically.
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