Visual Language Royalty Free End User License Agreement

The following is a legal agreement between you and Visual Language®. Read this agreement carefully before downloading a Visual Language image or using the images on a CD. By downloading an image or using a Visual Language CD, you agree to be bound by the terms of this agreement.

If you are entering into this agreement on behalf of your employer, the license granted and restrictions and limitations recited herein apply to your employer as well as to you as a representative of your employer. Should you cease working for your employer, your employer may continue to operate under this agreement.

Visual Language images and the contents of its CD are proprietary and copyrighted by Visual Language®. All rights are reserved. When you purchase a Visual Language image or product, Visual Language grants you a non-exclusive, non-transferable license to use and modify the images on this disc in your personal and professional work which includes live presentations and printed materials such as displays, advertisements, promotional campaigns, brochures and newsletters, subject to the restrictions contained herein. You may not rent, transfer, or grant any rights to the images , or any compilation on the CDs, derivative or collective work containing such images to any other person or organization without the prior written consent of Visual Language. You may not use this Visual Language product on more than one computer or workstation at a time, nor on a network or multi-user system. Use of these images for editorial, on-line, video and multimedia purposes is limited. For more information, please see the Additional License Terms contained below in this document, which are incorporated into this Agreement by this reference.

The following uses of the images are not permitted:
1. You may not make (or allow anyone else to make) any form of copy, whether printed, photographic, digital and/or other modality of any of the images except in the use of the image or images in your personal or professional work as specified above. A Visual Language disc may not be copied in its entirety.
2. You may not loan, rent, transfer or grant any rights to the images contained hereon, or any compilation, derivative or collective work containing such images to any other person or organization without the prior written consent of Visual Language.
3. You are expressly forbidden from posting any image or images on any electronic bulletin board.
4. The images may not be incorporated into wall art or a product for sale, such as greeting cards, framed prints, clothing, wrapping paper, stationary, calendars, gift items, etc. and/or in a product whose main character is the images themselves. If you wish to use an image or images from this disc in a way not covered by this agreement, such as part of a product for resale, or if you have a question about a proposed use, contact us at the phone number listed on this document for information on Special Licensing. Using an image or images in a way not covered or specifically prohibited by this agreement, without our prior written consent, is a violation of United States copyright laws, international treaty provisions and other applicable laws.
5. You may not use or permit the use of the image(s), or any part thereof, as a trademark or service mark, or claim any proprietary rights of any sort in the image(s) or any part thereof.
6. You may not use, or allow anyone else to use any of these images in any pornographic, libelous or defamatory use.

All Visual Language single images and images contained in the disc(s) are owned by Visual Language and are protected by United States Copyright laws, international treaty provisions, and other applicable laws. No title to or intellectual property rights to the images or the disc are transferred to you. Visual Language retains all rights not expressly granted by this license agreement.

You shall retain total control and possession of all times of the images and materials and shall not allow the images to fall in the possession of any third party who is not licensed by this Agreement.

Please be aware that we are serious about preserving the integrity of this License Agreement, and will take action to enforce it when necessary. At the same time, though, we will be pleased to make special arrangements to permit you to use an image or images in many ways that are excluded by this Agreement. Generally, this is a quick and easy process. Please call us at 1-888-708-8777, or email us at license@visuallanguage.com.

Limited Warranty
Visual Language warrants this disc to be free from defects in material and workmanship for a period of ninety (90) days from the date of purchase as evidenced by a copy of the sales receipt. Your sole and exclusive remedy for a breach of this warranty is the replacement of the disc or a refund of the purchase price, at the option of Visual Language. VISUAL LANGUAGE MAKES NO OTHER WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY MERCHANTABILITY AND/OR FITNESS FOR ANY PARTICULAR USE OR COMPATIBILITY WITH ANY COMPUTER OR OTHER KIND OF EQUIPMENT.

Limitation of Damages
Neither Visual Language, nor any of its officers, agents, employees, representatives, associates or its licensors shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of the use of, or inability to use, this disc or any image or images on this disc.

Governing Law and General Provisions
This License is the entire agreement between the parties and supersedes any other agreement or discussions, oral or written and may not be changed except by a written signed agreement. This License shall be governed and construed in accordance with the laws of the State of Nevada, excluding the application of its conflicts of law rules. This agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. If any provision of this License is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provisions shall be severed from the License to the minimal degree necessary and the other provisions shall remain in full force and effect. The prevailing party in any enforcement action shall be entitled to an award of its reasonable attorneys’ fees.

Additional License Terms
We suggest that you carefully read the following document prior to using any of the Visual Language images included on this CD-ROM or website. This is designed to help you understand the rights and use restrictions pertaining to Visual Language images.
End users of the Visual Language product are granted a license, free of additional fees, to use and reuse the Visual Language images in most types of design-related projects without having to pay special royalty fees. It also means that you are not required to provide a photo credit or copyright information next to the image when you use it in a print application, so long as the publication in which the images is used contains its own copyright notice. However, there are some restricted uses which will require a Special Use License and fee. There are also some uses which may be restricted altogether.

Electronic/Digital Maximum Size
Any permissible electronic or digital use of any image in this CD collection is limited to a file size of 600K (uncompressed).

Printed Pieces and Packaging
Visual Language images may be used in printed materials (including advertising, sales literature, brochures, annual reports and newsletters) for personal, internal company use, self promotion or client promotion.
Visual Language images may be used editorially in magazines and newspapers, so long as the publication in which the image is used contains its own copyright notice. If you wish to provide a photo credit, it should read: ©2000 Visual Language®.
Visual Language images may not be used on the cover of books for sale, music CDs, albums, DVDs or tapes without being granted a Special Use License. Up to four (4) Visual Language images may be used inside a textbook with a total print run not exceeding 10,000 copies.

Visual Language images may be used in disposable product packaging, except when the purpose of the packaging is to sell another image collection product, or on a package whose main character is in the image(s) themselves.

Visual Language images may not be used as wall art or in resale products (i.e. calendars, greeting cards, wrapping paper, posters, wearing apparel, gift items, housewares, etc.) without first purchasing a Special Use License from Visual Language.

On-line Forums or Web Page Development
Visual Language images may be used in the development of a web site, however there are some restrictions regarding their use.

Visual Language images may be used as an element in a web site as long as it is not the only visual element on that web site or interface. A copyright notice reading: ©2000 Visual Language®. must be placed near the image. The images must not exceed a 600K file size each (uncompressed).

Visual Language images may never be posted on any electronic bulletin board or made available on-line in a downloadable format.

Visual Language images may never be used in a pornographic web site, on-line forum or bulletin board.

Live Presentations
Visual Language images may be used in live presentations for internal-use, self-promotion or for a client's promotional use.

Video
Visual Language images may be used in the development of a video for internal company use, self-promotion or for a client's promotional use.
Visual Language images may be not be used for broadcast television without first purchasing a Special Use License from Visual Language.
Visual Language images may never be used in a pornographic video.

Multimedia
Visual Language images from this CD collection may be used in an in-house or promotional multimedia project, however they must not exceed a 600K file size (uncompressed).

Up to four (4) Visual Language images may be used in commercial (for resale) multimedia applications, with the exception of digital image collections or libraries on disc or CD-ROM, pornographic or sexually-explicit content. Images used in commercial multimedia applications must not exceed a 600K file size (uncompressed).

Resale Products
Visual Language requires a Special Use License if you are planning on using Visual Language image(s) in a product for resale such as, but not limited to, greeting cards, postcards, posters, framed prints, stationary, books, wearing apparel, wrapping paper, calendars, souvenirs, decorative containers, gift items, housewares, etc.

Visual Language images, including derivative works based upon them, may not be repackaged or resold in the form of clip art, digital stock photography, print or transparency photography collections.

Visual Language reviews and grants Special Use Licenses and fees on a case-by-case basis.

Site Licensing
If your company or organization needs additional copies or you plan to use Visual Language images on a network or on more than two computers simultaneously, you may purchase additional discs at a discount or license the content for a multi-user situation. Please call us at 888-708-8777 for information about volume purchase and Special Site Licensing.

Additional Rights
If you would like to discuss a specific project or purchase a Special Use License, please contact us by telephone at: 888-708-8777. If you are outside North America, you may email us at: license@visuallanguage.com.


©2000 Visual Language. All Rights Reserved.