ARIZONA SHOWER DOOR, INC. END USER LICENSE AGREEMENT FOR PICTURES AND IMAGES
Please read the end user license agreement found herein, to ensure legal use of Arizona Shower Door, Inc. Enclosure images, video and other media.
This license agreement ("Agreement") is between you ("Licensee"), and Arizona Shower Door, Inc. and governs your use of Arizona Shower Door, Inc. Images ("Image(s)").
1. License: Subject to the terms of this license agreement, Arizona Shower Door, Inc. grants Licensee a worldwide, non-transferable, non-exclusive right to reproduce transmit and display, in whole or in part, Arizona Shower Door, Inc. Image(s). Arizona Shower Door, Inc. represents that it has the right to grant the license herein. All other rights to the Image(s), CD-ROM and accompanying materials (if applicable), including without limitation, copyright and all other rights, are retained by Arizona Shower Door, Inc.. The use of all image(s) used in any media must contain a statement that Arizona Shower Door, Inc. is the manufacturer of this product(s).
2. Permitted Uses:
• Any print media, including advertising and promotional materials, editorial publications and consumer merchandise.
• Any Internet, intranet, online or Web-based media provided the resolution of the Image(s) does not exceed 72dpi.
• Broadcast and theatrical exhibitions.
• Products intended for resale; provided these products are not intended to allow the re-distribution or re-use of the Image(s).
• Any and all additional uses approved in writing by Arizona Shower Door, Inc..
• Licensee may alter, crop, modify or adapt the Image(s) in connection with the above permitted uses.
• Licensee may make a back-up copy of the Image(s) for internal back-up purposes provided Arizona Shower Door, Inc. copyright and any image identifying information is retained with the file. Limited, temporary transfers of the Image(s) are permitted to third parties integral to the creation of the final product, provided such third parties agree to abide by the terms of this agreement.
3. Restrictions on Use:
Except as provide herein, Licensee may not:
• Sublicense, sell, assign, convey or transfer any of its rights under this Agreement.
• Sell, license or distribute its final product in such a way that permits Licensee's end users to extract or access the Image(s) as a stand-alone file.
• Incorporate the Image(s) into a logo, trademark or service mark.
• Distribute, post, or upload the Image(s) online in a downloadable format.
• Use any Image(s) in a pornographic, defamatory, libelous or otherwise illegal manner, whether directly or in context or juxtaposition with other materials.
• Imply, convey, or in any way appear to be the manufacturer of the items represented by the Image(s) used in any media.
4. Indemnity: Licensee agrees to indemnify and hold Arizona Shower Door, Inc. harmless against all claims arising out of or in connection with any breach of this Agreement.
5. Termination: The license contained in this Agreement will terminate automatically without notice from Arizona Shower Door, Inc. if Licensee fails to comply with any provision of this agreement. Upon termination, Licensee must immediately (i) stop using the Image(s), (ii) destroy or, upon the request of Arizona Shower Door, Inc., return the Image(s) to Arizona Shower Door, Inc., and (iii) delete or remove the Image(s) from Licensee's premises, computer systems, print media and storage (electronic or physical).
6. Revocation: Upon notice of any revocation of a license for any Image(s), Licensee shall immediately cease using such Image (s), shall take all reasonable steps to discontinue use of the replaced Image(s) in products that already exist and shall inform all end-users and clients of same.
7. Severability: If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be reformed only to the extent to make it enforceable.
8. Waiver: No action of Arizona Shower Door, Inc., other than express written waiver, may be construed as a waiver of any provision of this Agreement.
9. Entire Agreement: This agreement contains all the terms of the license agreement and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of both parties.
Licensee must request use of Arizona Door Showers Image(s) in writing. When permission has been granted by Arizona Shower Door, Inc. an original signed copy of this document must be returned to Arizona Shower Door, Inc. at: 2801 West Indian School Road, Phoenix, Arizona 85017. A copy of this original document with corporate signature will be returned to each licensee and each respective headquarters for administrative purposes.