Hoover Stock Photography
Stock Photography License Agreement:
Notice
to User: This is a contract between the Licensee and
Hoover Web Design. You agree to accept all of the
terms and conditions of this License Agreement.
Permitted Uses:
-
Provided that any required License Fees have been
paid, this License Agreement allows the Licensee
to download the Stock Photography for the purpose
of using the Stock Photography on the Licensee's
website(s) or Licensee's client website(s).
- The
Licensee may retain one copy of the distribution
file for archival purposes, provided that this
archive is not redistributed in any manner.
Restrictions:
-
Due to the digital nature of the Stock Photography,
there will be no refunds after you have downloaded
the Stock Photography. ALL SALES ARE FINAL.
- You
may not use or copy the Stock Photography, or
any part thereof except as permitted by the terms
of this License Agreement.
- You
may not use the Stock Photography in any type
of off-line print (this includes magazines, books,
newspapers, posters, calendars, screensavers,
post cards, business cards, t-shirt designs etc.).
Contact
us to purchase a print license.
- You
may not sub-license, assign, or transfer this
License to anyone else without prior written consent
from Hoover Web Design.
- You
may not claim intellectual or exclusive ownership
to the Stock Photography modified or unmodified.
- You
man not use any portion of the Stock Photography
to redistribute the Stock Photography under the
same or another name.
- The
Stock Photography may not be resold, offered for
free, given away or redistributed in any manner
whatsoever.
Disclaimer of Warranty:
The Stock Photography is provided on an "as is"
basis without warranty of any kind -- either expressed
or implied -- including, without limitation, any implied
warranties of merchantability or fitness for a particular
purpose. Hoover Web Design does not warrant the performance
of the Stock Photography or that the Stock Photography
will meet your requirements. It is understood that
Hoover Web Design is under no obligation to continue
the development of any additional Stock Photography
or to correct any error, omission, or malfunction
therein.
Title
and Copyright:
The Stock Images are owned by Hoover Web Design and
protected by United States Copyright Law and International
Treaty provisions. Licensee must treat the Stock Photography
just as Licensee would any other copyrighted material.
The Stock Photography remains the property of Hoover
Web Design. The Stock Photography is licensed, and
not sold. By paying License Fees, the Licensee is
granted the right to use the Stock Photography as
described in this License Agreement, but the Licensee
does not assume any rights of ownership or other rights
in and to the Stock Photography.
Consequences of License Violations:
Should the Licensee use unlicensed copies of the Stock
Photography without the expressed written consent
of Hoover Web Design, the Licensee is in violation
of this License Agreement. If the Licensee was using
any portions of the Stock Photography which ordinarily
require the payment of License Fees, the Licensee
agrees to pay to Hoover Web Design the License Fees
necessary to license the unlicensed implementation
according to the schedule of License Fees available
at the time from the Hoover Web Design web site. Additionally,
Hoover Web Design may require that the Licensee immediately
and entirely remove any implementation of the Stock
Photography that is in breach of this License Agreement.
In addition, the Licensee shall be liable for the
payment to Hoover Web Design of court costs, attorney's
fees, punitive damages, and any other legal remedy
appropriate for the situation.
Should the Licensee distribute, sell, or otherwise
make available any portion of the Stock Photography
or any modification which is determined to be the
Stock Photography according to any other sections
of this License Agreement, the Licensee shall be liable
for the payment to Hoover Web Design of the equivalent
cost of License Fees for the Stock Photography or
for all monies collected by the Licensee in violation
of this License Agreement, whichever is more. In addition,
the Licensee shall be liable for the payment to Hoover
Web Design of attorney's fees, court costs, punitive
damages, and any other legal remedy appropriate for
the situation.
Jurisdiction:
This License Agreement is governed by the laws of
the State of Tennessee located in the United States
of America. Both the Licensee and Hoover Web Design
submit to the jurisdiction of the courts of the State
of Tennessee. Both the Licensee and Hoover Web Design
agree to commence any litigation that may arise hereunder
in the courts located in the Judicial District of
Shelby County in the State of Tennessee.
Termination:
This License Agreement shall automatically terminate
upon failure by Licensee to comply with its terms.
All copyright provisions and restrictions contained
herein shall survive termination. This License may
only be modified in writing signed by an authorized
officer of Hoover Web Design.
Hoover
Web Design reserves the right to change and/or modify
these terms without prior notice. Understand this
is a legally binding contract, and violation will
have legal consequences. Should this license be violated,
your acceptance of this document will be used against
you in a court of law. You will be held responsible
for chargeback fees, court costs, attorney fees and
any other costs that arise from violation of the License
Agreement.
