ROYALTY-FREE END-USER LICENSE AGREEMENT ("Agreement")

backgroundart.com

This Agreement is a legal agreement between you and backgroundart.com, distributing original graphic artwork and art elements through the domain: http://www.backgroundart.com ("Website").

Please read this Agreement carefully before purchasing and using any royalty-free graphic ("Graphic") from this Website. Graphic includes any program, original photograph, software, data, data structure, objects or modules used to run or display the graphic or animation. By using Graphic or otherwise exercising the rights granted under this Agreement, you agree to be bound by this Agreement.

  1. The Graphics and Website are protected by copyright. All rights are owned by backgroundart.com. All rights not specifically granted to you by this Agreement are reserved by backgroundart.com. Your right to use a Graphic is subject to the restrictions set forth in this Agreement, and is conditioned upon your compliance with the terms of this Agreement.

  2. By this Agreement, backgroundart.com grants to you a non-exclusive, nontransferable right to use, publicly display and reproduce purchased Graphics from Website in the following, and only the following, ways:

    (1) In Electronic Uses: as a part of the graphic content of any electronic or digital materials, including screensavers, electronic greeting cards, wireless or PDA websites, web advertisements, banner ads, broadcast video, multimedia including film and video, kiosks, presentations created using software such as (but not limited to) Microsoft PowerPoint, and CD-ROMs, provided that each Graphic is incorporated into a design in such a fashion that it is clearly not intended to be downloaded or copied by the end-user, target audience or recipient of such Graphic.

    (2) In Print Uses: any printed, tangible materials including greeting cards, T-shirts, postcards, posters, phone cards, credit cards, templates, CD covers, cassette covers, board games, calendars, magazines, newspapers, resale products; advertising, editorials, catalogues, brochures, reports, disposable packaging, book covers, and educational text books.

  3. "Nontransferable", as used in Paragraph 2, means that the work you produce using a Graphic must be for your own use, or for the use of your direct employer, client, or customer, who must be the end-user of your work. You and your employers, clients, and customers may not sell, rent, loan, lease, give, sublicense, trade, exchange, make available for exchange or download, or otherwise transfer to anyone the Graphic, or grant any other person the right to use the Graphic except insofar as a Graphic has been incorporated by you into one of the permitted uses enumerated in Paragraph 2 of this Agreement. You may not provide or permit any of your clients, employers or customers to use the Graphic by way of a service bureau, application service provider or time-share. You agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the Graphic(s).

  4. You may not place the Graphic on computer or other storage device that is accessible by more than one user at a time via a network connection, wireless interface, or otherwise where the purpose is the exchange of this Website's original files or any other copyrighted material. You also agree not to apply for any intellectual property rights (including copyright or patent rights) in respect of the Graphic. You will not attack or attempt to invalidate any of backgroundart.com's intellectual property rights in the Graphic. You agree not to use the Graphic in any unsolicited mass e-mail messages, in any Usenet, Forum, listserv or the like where it is prohibited under the rules of the Usenet, Forum or listserv, or use the Graphic in association with any virus, trojan horse or the like.

  5. You agree not to use Graphic in any pornographic, racist, sexist, obscene, discriminatory, hate or other unlawful material, program or application.

  6. You agree to indemnify and hold backgroundart.com harmless against any damages or liability of any kind arising from any use of the Graphic.

  7. Backgroundart.com shall not be held liable for any indirect, consequential, punitive, or incidental damages arising out of the use of, or the inability to use a Graphic, even if backgroundart.com has been advised of the possibility of such damages or any economic loss, interruption or loss of service or loss of data in any system or application in which the Graphic is used. In no event shall backgroundart.com's liability (whether in tort, contract, or otherwise) arising out of or relating to your use of any Graphic or inability to use any Graphic exceed the fees paid by you for the license of the Graphic(s).

  8. THE GRAPHIC IS PROVIDED "AS IS" AND BACKGROUNDART.COM HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, AND MERCHANTABILITY. SHOULD THE GRAPHIC NOT FUNCTION ACCORDING TO YOUR WISHES, BACKGROUNDART.COM'S ONLY RESPONSIBILITY AND LIABILITY UNDER THIS WARRANTY, AND YOUR SOLE AND EXCLUSIVE REMEDY WILL BE FOR BACKGROUNDART.COM TO, AT ITS SOLE DISCRETION, PROVIDE YOU WITH ANOTHER COPY OF THE GRAPHIC OR RETURN YOUR SUBSCRIPTION FEE.

  9. This Agreement shall be governed by the laws of the State of Michigan, USA.

  10. In the event that one portion of this Agreement is unenforceable, the remainder of the Agreement will remain in full force.

  11. If you require an amendment to this agreement, please contact backgroundart.com at info@backgroundart.com. No amendment will be binding unless signed by backgroundart.com.

  12. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including programs such as WebSucker or WebDevil which download the structure and all content from a chosen website.

  13. Backgroundart.com may terminate this license if you are in breach of any of these provisions. Your obligations under paragraphs 3, 4, 5, and 6 shall survive termination of this Agreement. After termination, your license under section 2 ceases and you will stop all use or public display of the Graphic and any use or public display by your employers, clients or customers.

  14. Backgroundart.com may change the terms of this agreement at any time. Such change(s) will be posted on this Website.

  15. If you are unsure of your rights under this Agreement, or if you wish to use a Graphic in a manner not permitted or discussed under this Agreement, please contact backgroundart.com at info@backgroundart.com. Arrangements for a license upgrade will be offered at the sole discretion of backgroundart.com.

  16. This Agreement constitutes the entire agreement between backgroundart.com and any and all parties. It supersedes any previous or collateral discussions or correspondence between backgroundart.com and any and all parties.

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