END USER CONTENT LICENSE AGREEMENT

Terms used in this License Agreement have the same meaning as used in the Terms and Conditions unless defined differently in this License Agreement.

This is a non-exclusive world-wide royalty free license to YOU from the Content Contributor to use Content owned by the Content Contributor. It is not a sale of goods. This license agreement gives YOU certain limited rights to use the proprietary Content of Content Contributor. All rights not specifically granted in this License Agreement are reserved to Content Contributor.

The Content that you are authorized to use and the type of license that you have purchased are set out in the receipt for your purchase. A record of your purchases can be retrieved from your member account.

If You Have Purchased a Royalty-Free License

You may make up to 500,000 copies of the Content without further payment provided that the copies are a permitted use pursuant to a Royalty-Free License ("Permitted Use").

To qualify as a Permitted Use pursuant to this paragraph, the copies that you make (print or electronic) cannot be resold or licensed for a fee or other consideration or distributed in a way that unlicensed recipients may reuse the Content. In other words, (1) the copies or projects incorporating the copies can only be given away for advertising, promotional or other informational purpose or personal non-commercial purposes, and (2) the Content must not be capable of being downloaded, extracted or accessed by a third party recipient as a stand-alone file.

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Royalty-Free License Permitted Uses

For the purposes of this Royalty-Free License, Permitted Uses are limited to:

1. advertising and promotional projects, including printed materials, posters, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (provided that they are not offered for resale or license);

2. entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations;

3. on-line or electronic publications or the electronic equivalent of print, such as Adobe PDF's and email, including web pages to a maximum of 800 x 600 pixels (collectively "Electronic Copy"). Each recipient at the point of distribution of an Electronic Copy is deemed to constitute the making of a copy of the Content; or

For greater certainty and without limiting the generality of the foregoing, a Royalty-Free License does not entitle you to do any of the following:

1. use the Content in design template applications intended for resale, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates;

2. use or display the Content on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, posters and other items (this includes custom designed websites, as well as sites such as www.cafepress.com);

3. use the Content in any posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit;

4. use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;

5. incorporate the Content in any product that results in a re-distribution or re-use of the Content (such as electronic greeting card web sites, web templates and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file;

6. use the Content contrary to the Terms & Conditions, including without limitation in a fashion that is considered by Image Catalog (acting reasonably) as or under applicable law is considered pornographic, obscene, immoral, infringing, defamatory in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;

7. use or display any Content that features a model or person in a manner that (i) would lead a reasonable person to think that such person uses or personally endorses any business, product, service, cause, association or other endeavour; or (ii) that depicts such person in a potentially sensitive subject matter, including, but not limited to mental and physical health issues, social issues, sexual or implied sexual activity or preferences, substance abuse, crime, physical or mental abuse or ailments, or any other subject matter that would be reasonably likely to be offensive or unflattering to any person reflected in the Content;

8. to the extent that source code is contained within the Content, reverse engineer, decompile, or disassemble any part of such source code;

9. remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Content;

10. sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement;

11. install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users;

12. use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;

13. use the Content for editorial purposes without including the following credit adjacent to the Content: “©Image Catalog/Artist’s Member Name]; or

Please contact Customer us if you have any doubts about whether your use is a Permitted Use in the event that you’re your intended use is not listed above as a Permitted Use.

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Extended Licenses

The standard Content License Agreement limits you from using the Image Catalog’s Content the way you might want. Image Catalog lets you expand the scope of permissible uses with our Extended Licenses.

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If You Have Purchased an Extended License For Electronic Formats (EXT-EF)

In addition to the Permitted Uses authorized by the Royalty-Free License, You may make (1) an unlimited number of copies of the Content without further payment (2) for the following additional purposes, namely for electronic templates for e-greeting or similar cards, electronic templates for web or applications development, Power Point or Keynote templates, wall paper or screen savers, email or brochure templates, (3) to be offered for resale or other distribution. Contact us if your specific use is not referred to in this paragraph so that you may obtain the rights that you need.

The restrictions on use referred to above still apply to Extended Licenses for Electronic Formats. The cost for the Extended License For Electronic Formats (EXT-EF) is 100 credits.

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If You Have Purchased an Extended License For Print Formats (EXT-PF)

In addition to the Permitted Uses authorized by the Royalty Free License, You may make (1) an unlimited number of copies without further payment (2) for use in conjunction with physical items, namely T-shirts, sweatshirts, or other apparel, toys, entertainment goods, framed or mounted artwork, mugs, posters, calendars, mouse pads, books or other similar publication, postcards, greeting cards or other cards, stationery, stickers, and paper products (3) to be offered for resale or other distribution. Contact us if your specific use is not referred to in this paragraph so that you may obtain the rights that you need.

The restrictions on use referred to above still apply to Extended Licenses for Print Formats. The cost for the Extended License For Print Formats (EXT-PF) is 100 credits.

If you are using the Content for post cards, calendars, books, or other printed articles, YOU must acknowledge in accordance with industry practice the source of the Content and indicate that the Content is owned by the Content Contributor.

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If You Have Downloaded Water-Marked Images For Evaluation Purposes

The respective Content Contributor grants You a limited license to download Watermarked Content solely for evaluating whether You wish to purchase a license to the equivalent non-watermarked Content according to the license applicable to Your intended use. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Image. Except for this limited, internal testing and sample use, Content Contributor grants You no other rights, and You may not copy, distribute, sublicense or make available for use or distribution any Watermarked Content. All Watermarked Content must be destroyed within 30 days of Your download unless your purchase a license to use the equivalent Non-Watermarked Image.

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If You Have Downloaded Free Images

The respective Content Contributor grants you a limited license to download and use Free Images on the same terms and conditions as Images purchased pursuant to a Royalty-Free license referred to above.

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Additional Permissions

YOU may alter, modify, and create derivative works using the Content provided that you comply with the restrictions applicable to your type of license and the limitations referred to in this license.

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Restrictions

This License Agreement is personal to YOU and for your use only, or if you are purchasing it on behalf of a third party it is personal to the third party. YOU or the third party may not resell or assign all or any part of your unused license.

By accepting this License Agreement, you confirm your agreement to the Terms and Conditions, including the limitations on the use of Content referred to as User Conduct in the Terms and Conditions.

YOU shall not hold yourself out as being the owner or creator of the Content.

You are solely responsible for determining whether Your use of any Content requires the consent of any third party or the license of any additional rights, and You cannot rely solely on the information provided by Image Catalog or Content Contributor. If You are unsure whether additional third-party rights are needed for Your use, You are responsible for obtaining the required legal advice.

You acknowledge that Image Catalog does not pre-screen Content. You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

YOU agree to use reasonable commercial efforts to protect the Content in your possession from unauthorized use, reproduction, distribution, or publication.

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Indemnification

You agree to indemnify, defend, and hold harmless Image Catalog and Content Contributor against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to Your breach of this Agreement or the Terms and Conditions, or both.

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Term

This License Agreement will automatically terminate without notice if YOU fail to comply with a material provision of this License Agreement or the Terms and Conditions. On termination for default, YOU shall destroy all copies of the Content in your possession and cease distributing or otherwise using the Content.

If this License Agreement relates to Watermarked Content, it terminates at the time set out above that YOU are obligated to destroy the copies of the Watermarked Content.

YOU agree that all provisions of the Terms and Conditions and this License Agreement which operate to protect the rights of the Content Contributor remain in force notwithstanding that this License Agreement has terminated.

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Limited Warranty/Limitation Of Liability

CONTENT CONTRIBUTOR WARRANTS THAT THE CONTENT IS THE SOLE PROPERTY OF CONTENT CONTRIBUTOR AND THAT CONTENT CONTRIBUTOR IS ENTITLED TO GRANT THIS LICENSE.

CONTENT CONTRIBUTOR AND IMAGE CATALOG'S LIABILITY IS LIMITED ON THE SAME TERMS AS ARE CONTAINED IN THE TERMS AND CONDITIONS, WHICH TERMS AND CONDITIONS ARE HEREBY INCORPORATED BY REFERENCE.

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Miscellaneous

No failure or delay by Content Contributor in enforcing any right or remedy under this License Agreement shall be construed as a waiver of any future or other exercise of such right or remedy by Content Contributor.

The laws of the province of British Columbia, Canada, govern this license. Any and all disputes shall be resolved in a court of competent jurisdiction in British Columbia, Canada.

This License Agreement is binding upon the parties to the agreement, and their heirs, executors, administrators, successors and permitted assigns.

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