PhotoEssentials Royalty Free End User License Agreement

THIS IS A LEGAL AGREEMENT

This is a legal agreement ("Agreement") between you (or if purchased on behalf of a company, the company) ("You"), and "PhotoEssentials, ACN 003 943 780 ("PhotoEssentials")". By opening or using this product ("Product"), You agree to the terms and conditions of this Agreement. If You do not wish to accept these terms and conditions, do not open this Product and return this Product to your place of purchase, together with your proof of purchase, for a full refund.

COPYRIGHT MATERIAL

The computer software ("Software"), images ("Images"), printed materials ("Booklet") and other files on this CD-ROM (collectively the "Data") is proprietary and copyrighted. All rights to this material are owned and reserved by PhotoEssentials and the parties who granted PhotoEssentials the right to include their material in this disc ("Suppliers"), except to the extent that the right to use such material is specifically granted by this license.

EXCEPT AS SPECIFICALLY NOTED, YOU MAY:

1. Alter, modify, combine and manipulate the Images.
2. Print the Images and distribute the Images in printed form in any manner for any purpose including but not limited to the following: advertisements, promotions, presentations, brochures, reports, books, book jackets, magazines, magazine covers, packaging, calendars, reeting cards, posters, bill boards, trade show displays, board games, editorial, audio albums, CDs or cassettes, playing cards, mouse pads, coffee mugs, clothing, hats, signs, point-of-sale materials.
3. Publish the Images in an electronic or digital form as part of a Work that is an advertisement, promotion, brochure, report, e-book, e-magazine, web site, game, software, screen-saver, video or editorial article.
4. Provide the images in digital form to another company solely for the purpose of printing the Images or creating film separations.

YOU MAY NOT:

1. Use the Images depicting people in a manner that is libelous, scandalous, misleading, unlawful or associated with pornography.
2. Prevent other licensed users of the Images from using the Images. For example, you may not incorporate any of the Images into a trademark.
3. Use the Images in such a way that they imply an endorsement by PhotoEssentials or its Suppliers of any product or service.
4. Distribute the Images in a manner intended to be separable from the Work. For example, you may not distribute the images with image editing software as examples for the end user of the software to manipulate.
5. Place the Images, or allow them to be placed, on an electronic bulletin board or ftp server.
6. Duplicate the CD-ROM except to create a single backup CD. The backup CD may not by used in any manner unless the original CD-ROM is damaged, destroyed or lost. The backup CD may not be sold, lent, given away, sub- licensed or otherwise transferred to any party.
7. Sub-license, sell, re-sell, distribute, give away, lend, rent, lease or provide others with any of the Images except as part of a Work.
8. Include the Images or derivatives of the Images in any clip art or digital image collection or library provided or available to any persons other than the licensed users of the Images.

WARRANTIES

1. PhotoEssentials warrants that it has the right to grant this license to you.
2. PhotoEssentials warrants this CD-ROM to be free from defects in materials or workmanship for 90 days from the date of delivery.
3. Your sole and exclusive remedy for a breach of these warranties is the replacement of the CD-ROM or refund of the purchase price, at PhotoEssentials' option.
4. Except where prohibited by law, PhotoEssentials makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for any particular purpose.

JURISDICTION

This Agreement is governed by the laws of New South Wales, Australia.