Basic
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Cyberphoto Basic License

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND CYBERPHOTO. READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU DOWNLOAD ANY IMAGE. BY DOWNLOADING ANY IMAGE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

GRANT OF LICENSE. Photobid.com, Inc. and Cyberphoto.com grants you a personal, nontransferable, nonexclusive right to copy the image you have selected onto your computer hard drive and to use the Cyberphoto image and any derivatives or copies (collectively, the "Image") on one computer and with one user at a time. This license is valid only with respect to the Image and only if you have paid the applicable license fee. The Image may be copied, modified and incorporated (i) in materials for PERSONAL, INTERNAL COMPANY and TEST or SAMPLE use, including COMPS (i.e. rough or draft layouts for client review) and BROWSING, and (ii) IN PRINT FORM ONLY, in ADVERTISING and PROMOTIONAL MATERIALS. The Image may not be used in any online or other electronic distribution system (except that you may transmit comps digitally or electronically to your clients for their review) and may not be sold or sublicensed alone or as part of any for-sale product. Pornographic, defamatory, libelous or otherwise unlawful use of the Image is prohibited.

ADDITIONAL RIGHTS AVAILABLE. If you are unsure of your rights under this agreement or wish to use the Image in a manner not permitted by this agreement (for example: online or as part of a for-sale product), please contact Cyberphoto by sending your request to Cyberphoto, P.O. Box 10092, Newport Beach, CA 92658 for information and additional licensing options.

WARRANTIES. Cyberphoto warrants the digital copy of the Image in the form downloaded by you to be free from defects in material and workmanship for 30 days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of the digital copy of the Image or refund of the purchase price, at Cyberphoto's option. CYBERPHOTO MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TYPE OR QUALITY OF IMAGE OR COMPATIBILITY WITH ANY COMPUTER OR OTHER KIND OF EQUIPMENT. Some states do not permit the exclusion of implied warranties, and you may have other rights which may vary from state to state. NEITHER PHHOTOBID.COM, INC. OR CYBERPHOTO NOR ITS LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS OR MANAGEMENT SHALL BE LIABLE TO YOU FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES ARISING OUT OF THE LICENSE OF THE IMAGE.

GENERAL. All rights to the Image are owned by Photobid.com, Inc. and Cyberphoto and its licensors and are protected by United States copyright laws, international treaty provisions and other applicable laws. Photobid.com, Inc. and Cyberphoto and its licensors retain all rights not expressly granted by this agreement. The Image is licensed only to you and may not be transferred or sublicensed without the prior written consent of Cyberphoto. The license contained in this agreement will terminate automatically without notice from Cyberphoto if you fail to comply with any provision of this agreement. Upon termination, you must immediately (i) stop using the Image and (ii) delete the Image and all copies from all magnetic media and destroy all other copies of the Image, or upon request of Cyberphoto, return all such copies to Cyberphoto. Your use of the Image must be in compliance with all applicable law, including but not limited to laws and regulations relating to currency and the law of moral rights. You agree to indemnify and hold Photobid.com, Inc. and Cyberphoto harmless from and against all material liabilities, claims, expenses and damages, including, without limitation, reasonable attorney's fees, arising from any suit, claim or proceeding related to your use of the Image other than permitted by this agreement. Use, duplication or disclosure of the Image by the United States is subject to "Restricted Rights", as that term is defined in the Department of Defense Supplement to the Federal Acquisition Regulations ("FAR"), and to paragraph 52.227-19(c)(2) of the FAR.


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