Royalty-Free End-User License Agreement (EULA)

The following legal documents comprises the Corbis Royalty-Free End-User License Agreement. Users seeking to use royalty-free images are urged to review this document carefully. Questions about this EULA should be directed to Corbis Customer Service or to your account representative.

CORBIS ROYALTY-FREE END-USER LICENSE AGREEMENT

Please read this Agreement carefully before purchasing or using any Corbis royalty-free image ("Image") from Corbis. If you are unsure of your rights under this Agreement, or if you wish to license additional rights or add additional users not otherwise permitted hereunder, please contact Customer Service by calling 800.260.0444 or 425.641.4505, or by email at service@corbis.com.

1. By using an Image or exercising any rights granted under this End-User License Agreement (the "Agreement"), you agree to be bound by this Agreement. If you do not wish to accept the terms of this Agreement, you may return the unused image or Image CD-ROM ("CD") to Corbis within seven days from the invoice date for a refund of the purchase price. Corbis and its suppliers own the rights to the Images, CD, and Corbis Website. All rights not specifically granted by this Agreement are reserved by Corbis.
   
2. Conditioned upon your payment of the purchase price for the Image or CD and your compliance with the terms of the invoice and this Agreement (including all restrictions), Corbis grants to you a non-exclusive, non-transferable right to use and reproduce Images from the CD or the Corbis Website in the following, and only the following, ways:
   Print Uses -- any printed materials, but not "retail photo products" (defined below). Acceptable uses include promotional items (greeting cards, t-shirts, postcards, posters, phone cards, credit cards, templates, CD covers, cassette covers, board games, calendars), magazines, newspapers, advertising, editorials, catalogs, flyers, brochures, reports, disposable packaging, book covers, and educational textbooks. Unauthorized "retail photo products" include, without limitation, greeting cards, calendars, postcards, stationery, posters, t-shirts, ties, "photo mugs", and mouse pads, offered for sale (wholesale and retail).
   Other Than Print Uses -- any electronic or digital materials including screensavers, electronic greeting cards, websites (but not website templates), broadcast video, multimedia including film and video, and CD ROMs, provided that no Image is at a resolution greater than 480x640 pixels and each Image is incorporated into a design in such a manner to make it clear that the Image is not intended to be separately downloaded, copied, or distributed.
   Restrictions. Corbis may at any time during the term of this Agreement notify you that certain Images are no longer available for use under this Agreement and upon such notification, the license granted by Corbis shall automatically and immediately terminate. Your sole remedy for any recalled Image shall be, at Corbis' sole discretion, the replacement of such recalled Image with another Image or refund of any license fee paid attributable to such recalled Image. Corbis cannot anticipate all possible uses of an Image, either alone or in combination with other material that you, or you on behalf of your client(s), may make. You are solely responsible for the use of any Image in combination with any other material. Without limitation, Images may not be utilized:
   -as a trademark or service mark
   -for any pornographic, unlawful purpose or use
   -to defame any person
   -to violate any person's right of privacy or publicity
   -to infringe upon any copyright, trade name, trademark, or service mark of any person/entity
   -for uses covering sensitive subjects including, without limitation, topics that may depict the subject matter of an Image in a negative or unfavorable light or subject persons to ridicule, and topics regarding all sexual issues, substance abuse, physical or mental abuse, alcohol, drugs, tobacco, AIDS, cancer, or serious physical or mental ailments, or the disparagement of a person or product
   
3. "Non-transferable" as used in Paragraph 2, means that the work you produce using an Image must be for your own use, or if purchased on behalf of your employer or client, your employer or client must be the end-user of your work. You may not sell, rent, loan, give, sublicense, or otherwise transfer to anyone either the CD or an Image, or the right to use the CD or an Image (except insofar as an Image has been incorporated by you into one of the permitted uses enumerated in Paragraph 2 of this Agreement), and nothing you produce shall grant or purport to grant to any third party a right to use or duplicate an Image. You agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the Images.
   
4. When a CD or single image is purchased by a company, this license Agreement authorizes no more than ten (10) individuals to use the single image or the images contained on the CD and exercise the rights described in this Agreement. You may not place the single image, CD or an image from the CD on a computer or other storage device that is accessible by more than one (1) user at a time via a network connection or otherwise.
   
5. You shall indemnify and defend Corbis and its image providers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) a breach of this Agreement, (ii) the use or modification of any Image or combination of any Image with any other material, (iii) your failure to abide by any restriction regarding the use of an Image, or (iv) any claim by a third party related to the use of an Image, alone or in combination with any other material.
   
6. Limited Warranty. Subject to the restrictions and limitations regarding your use of an Image contained in this Agreement, Corbis warrants that it owns or has obtained sufficient rights to the copyright for the Image(s) to grant you the limited license under this Agreement. Additionally, Corbis warrants that the digital copy of the Image(s) provided by Corbis to you will be free from defects in material and workmanship (but not visual artifacts inherent in the original Image) for ninety (90) days following delivery via this site; and, Corbis will, as your sole and exclusive remedy for your inability to use an Image and at its sole discretion, provide you with a replacement of the digital copy of such Image, or refund any fee paid by you to Corbis provided you have not made any licensed use of the Image. Corbis makes no warranties nor shall Corbis be liable for any Image which: (a) has been modified by you (b) has been combined by you with other images, products, content or materials, or (c) Corbis has previously notified you not to license or otherwise use.

Neither Corbis nor any of its directors, officers, employees, partners, licensors, or agents shall be liable for any indirect, consequential punitive, or incidental damages arising out of the use of, or the inability to use, the CD or Website or an Image, even if Corbis has been advised of the possibility of such damages. In no event shall Corbis' liability (whether in tort, contract, or otherwise) arising out of or relating to your use of the CD or Image(s) or inability to use the CD or the Image(s) exceed U.S.$1,000.00, regardless of the number of claims or Images used.

EXCEPT AS PROVIDED IN THIS SECTION, CORBIS MAKES NO WARRANTIES (EXPRESS OR IMPLIED) WITH RESPECT TO IMAGES OR TO CORBIS' PERFORMANCE OF ITS OBLIGATIONS. CORBIS DOES NOT WARRANT THAT CAPTION INFORMATION IS ACCURATE. CORBIS MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED REGARDING ANY IMAGES, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, THAT THE IMAGES ARE ERROR FREE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
7. This Agreement shall be governed by the laws of the State of New York, except its conflict of laws rules. Venue for any action respecting this Agreement, an Image, or use or attempted use of the CD, shall be in the state and federal courts sitting in New York County, New York and you hereby consent to the jurisdiction of such courts. This Agreement may not be assigned, nor modified by any purchase order, without Corbis' written consent. If this Agreement accompanies a pre-packaged Image or CD, the terms of this Agreement control over the terms of any license contained in the CD or pre-packaged Image.