Note: all use is subject to the terms and conditions (together, an End User License Agreement EULA) below. These images are also subject to Department of Defense usage requirements. A list of these general requirements and restrictions - not necessarily a comprehensive list - is here.

END USER LICENSE AGREEMENT FOR ROYALTY-FREE USE OF STOCK IMAGES
THIS AGREEMENT is a legal contract made by and between StockPhoto.US (hereinafter called the “Provider”)
and Licensee (hereinafter called “End User” or “You”).

BY DOWNLOADING ANY OF THE IMAGES CONTAINED ON THIS WEB SITE, CD-ROM OR OTHER MEDIA, YOU AGREE TO AND ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS STATED HEREIN, DO NOT PROCEED WITH ORDERING. NO REFUNDS ARE AVAILABLE ONCE IMAGE(S) ARE PROVIDED AND NO EXCEPTIONS ARE AVAILABLE TO THIS POLICY, GIVEN THE NATURE OF THE PRODUCT.

1. Definitions and Interpretation

1.1 Wherever used throughout this License, the following words and phrases shall have the meanings set out below:

(a) “End User” means the person or legal entity who has legally acquired a license from Provider to use the Stock Images;
(b) “Stock Images” means any and all illustrations, photographs, animations, videos, or other image files, visual and/or audio-visual representations, along with any replacements, modified versions, additions and copies provided to End User by Provider.

2. License for Use

2.1 Provider hereby grants End User a non-exclusive license to reproduce, modify and otherwise make use of the Stock Images in accordance with the following:

(a) End User shall have the right to make prints, modifications or derivative works of the Stock Images (“Derivative Works”);
(b) End User may use the Stock Images or Derivative Works in any advertising, promotional material, broadcast media, and for-sale products in any quantity (“Products”), provided the finished Products are not designed or intended for reuse or resale of the Stock Images or Derivative Works;
(c) End User may incorporate the Stock Images as an element in any on-line distribution system (including End User’s web page);
(d) End User may temporarily provide a copy of those Stock Images and Derivative Work(s) which are an integral part of End User’s work product to other persons as reasonably required to produce a finished product in the normal course of End User’s workflow, provided that all of such copies are deleted from electronic media such as computer hard drives, CDs, floppy disks (if such copies are provided as electronic computer files), or completely destroyed (if provided in any form other than as electronic computer files);
(e) End User shall be at liberty to make one exact copy of the Stock Images, provided (i) such copy is made for backup purposes only, and (ii) that End User copies all proprietary notices and licenses contained therein.

3. Restrictions on Use

3.1 End User shall not have the right to:

(a) make any use of the Stock Images or any part thereof except as expressly permitted by the terms of this License;
(b) use or permit any other party to use the Stock Images or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in or to the Stock Images or any part thereof;
(c) sell, sublicense, distribute or otherwise grant rights or make available for use by others all or any part of the Stock Images or Derivative Works in form or formats designed or intended for reuse or resale of the Stock Images or Derivative Works;
(d) use any of the Stock Images in any manner, or in connection with any material, that is unlawful, defamatory, obscene, pornographic or inflammatory, or that infringes any trade or service marks, rights of privacy or publicity, or other rights of third parties.

3.2 Trademarks shall be used in accordance with accepted trademark practice, including the identification of the trademark owner’s name. Trademarks may only be used to identify printed or electronic output produced from the Stock Images. Such use of any trademark does not give End User any rights of ownership in that trademark.

3.3 End User agrees not to copy, store, modify or use any of the Stock Images other than in the manner expressly permitted under the terms of this License without the prior written consent of Provider, or to allow any third party to do so.

3.4 This License does not grant End User any intellectual property rights in the Stock Images.

3.5 Unauthorized Usage: Client agrees not to use photographs outside the terms of the license agreement. In the event this provision is breached, Provider agrees to forego the right to pursue remedies for copyright infringement provided Client purchases a retroactive license equal to five times the normal fees associated with the unauthorized use within 30 days of mailing of an invoice. If Client fails to make payment within that time period, Provider shall have the right to sue for compensation for copyright infringement or breach of contract at Provider ’s discretion.

3.6 Uses in Violation of Law and Indemnity: Client agrees not the use Photographs in violation of law or the rights of third parties including rights to privacy and publicity. Client further agrees to indemnify and hold Provider harmless against any and all liabilities, claims, and expenses, including reasonable attorney fees, arising from Client’s use of images acquired by Provider.

3.7 Releases: Provider is not responsible for obtaining model, property, or other releases in connection with any of the photographs licensed herein unless specifically stated herein.

4. Transfer of Interest

(a) End User may not sell, rent, lease, sublicense or lend the Stock Images in whole or in part or any copy thereof to any person or legal entity who is not also a End User.

5. Indemnification of Provider

5.1 End User agrees to indemnify and hold harmless Provider and photographer(s) from and against any and all claims, costs and expenses, including attorney’s fees, arising from any unauthorized use of any of the Stock Images, including uses where no model release or property release has been provided by Provider, or where the use exceeds the use permitted by such release.

6. Limited Warranty, Limitation of Liability

6.1 THE STOCK IMAGES AND THE MEDIA UPON WHICH THEY ARE SUPPLIED ARE PROVIDED “AS IS”. PROVIDER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF CONDUCT, AND USAGE OF TRADE. IT IS UNDERSTOOD THAT PROVIDER IS UNDER NO OBLIGATION TO CONTINUE THE DEVELOPMENT OF ANY ADDITIONAL STOCK IMAGES OR TO CORRECT ANY ERROR, OMISSION OR MALFUNCTION THEREIN.

6.2 IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY LOST PROFIT, INCIDENTAL, SPECIAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, WHETHER ARISING FROM CONTRACT OR NEGLIGENCE, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. END USER’S SOLE REMEDY REGARDING DEFECTIVE PRODUCTS SHALL BE REPLACEMENT OF THE MEDIA AND PRODUCTS IN QUESTION WITH PROVIDER’S MOST SIMILAR CURRENT OFFERING. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY AMOUNTS IN EXCESS OF THE AMOUNTS PAID BY END USER TO PROVIDER PURSUANT TO THIS AGREEMENT. Under certain circumstances, at its option, Provider may authorize a refund of the purchase price, net of shipping, handling and media costs, and subject to removal of all copies of Stock Images from End User’s systems, networks, media and printed materials.

7. Termination

7.1 This License shall terminate immediately upon any breach by End User of the terms hereof. All copyright provisions and restrictions contained herein shall survive termination.

8. General Provisions

8.1 Governing Law: This License will be governed by the laws in force in the State of California, excluding the application of its conflicts of law rules. This License will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Client irrevocably consents to personal jurisdiction over it by the courts of the State of California or the United States District Court for the Northern District of California and waives all rights to contest jurisdiction or venue on the grounds of personal jurisdiction, venue, and forum non conveniens.

8.2 Severability: If any provision of this License is determined to be void or unenforceable, in whole or in part, it shall not affect or impair the validity or enforcement of any other provision of this License, which shall remain valid and enforceable according to its terms.

8.3 Export Restriction: End User agrees that the Stock Images will not be shipped, transferred or exported into any country or used in an any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.

8.4 Amendments: This License may not be modified or amended except with the written consent of an authorized signing officer of Provider.

8.5. Attorney Fees: In the event of any breach of this Agreement by Client, Client shall pay all of Provider ’s costs and expenses incurred in connection with enforcement of the terms of this agreement, including Provider ’s reasonable attorney’s fees.