Free Photo Downloads: Monkey

LIMITED ROYALTY FREE LICENSE AGREEMENT

LIMITED ROYALTY FREE LICENSE AGREEMENT (Free Image RF License)

ESSENTIAL INFORMATION
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THIS PRODUCT.

The LIMITED/ End User License Agreement (EULA)

This Agreement is between FREE IMAGE DOWNLOADS and the user who downloads Content from this website. For the purpose of this Agreement, "Content" is defined as any image or photo owned by FREE IMAGE DOWNLOADS or its authorized contributors and have been made available for download on this website.

You have agreed to be bound by the Terms and Conditions of this Agreement and by downloading any of the Content from FREE IMAGE DOWNLOADS, You acknowledge that You have read, understood, and accepted the Terms and Conditions of this Agreement.

FREE IMAGE DOWNLOADS represents that it owns all rights or has all requisite authority, including all copyrights, in and to the Content, or, is authorized to allow You to access, acquire, and use Content under the Terms and Conditions of this Agreement. The copyright and all other rights of the Image(s) shall remain with FREE IMAGE DOWNLOADS and its respective suppliers.

Terms and Conditions of Use
You agree to access, acquire, and use the Content under the following Terms and Conditions:

1. These Terms and Conditions constitute a legal Agreement between You and FREE IMAGE DOWNLOADS

2. FREE IMAGE DOWNLOADS grants You a nonexclusive, nontransferable license to use, reproduce, modify, publish, display, and distribute the Content according to the Terms and Conditions of this Agreement.

3. You may, subject to the Terms and Conditions of this Agreement, access and acquire the Content via FREE IMAGE DOWNLOADS, and use the acquired Content for the following purposes, provided you do not violate the rights of any third party:

(a) as a part of commercial or advertisement purposes in magazines and newspapers.

(b) as a design element on a website, video game, or CD-ROM but NOT in connection with any Web site template or software product for distribution or use by others.

(c) as part of marketing, advertising, or promotional materials, including print ads, mailers, handouts, and packaging.

(d) in connection with your business or entity, eg corporate identity documents, and letterhead.

(e) as decor in an office, lobby, or public area, restaurant, or retail store.

(f) in a PowerPoint presentation provided that a reasonably prominent statement is included on the same page as the Content as follows: "Certain images and/or photos on this page are the copyrighted property of FREE IMAGE DOWNLOADS, its Contributors or Licensed Partners and are being used with permission under license. These images and/or photos may not be copied or downloaded without permission from FREE IMAGE DOWNLOADS "

(g) as design elements in video, film, or television broadcasts.

(h) Free images that are offered in FREE IMAGE DOWNLOADS may be used under the terms listed in clauses 3(a) through 3(g) above. In addition, the maximum number of times you may use the image is limited to a total of 10,000 copies regardless of the design concept or use. Once you exceed this amount, you are required to purchase the License to use the image under a standard Royalty Free License Agreement.

4. You may NOT

(a) distribute the Content, electronically or in hard copy, except as specifically authorized under paragraph 3 above;

(b) authorize any third party to use the Content for any purpose or resell, sublicense, or otherwise make available the Content for use or distribution separately or detached from a product or Web page;

(c) share Content across a network, on a CD, or in any other way;

(d) under any circumstances, use automated or programmatic means or methods to download Content;

(e) use Content in any logo or part of any trademark;

(f) under any circumstances use Content in connection with any pornographic, obscene, immoral, defamatory or illegal materials; endorsement of product(s); sensitive mental/health/other similar aspect of contexts or subjects.

5. You understand that Content is copyrighted and may be owned by a third party, and any unauthorized use by you may be an infringement of such copyright.

6. You understand and agree that FREE IMAGE DOWNLOADS may, in its sole discretion,

(a) monitor anything you download from FREE IMAGE DOWNLOADS, as frequently as FREE IMAGE DOWNLOADS in its sole discretion determines, for any violation of this Agreement,

(b) track any abuse of your username and password in connection with the 123RF website or in connection with this Agreement,

(c) terminate your account immediately if we detect you are using, or are trying to use any automated means to download content, and

7. FREE IMAGE DOWNLOADS and the Content are made available to you "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS." FREE IMAGE DOWNLOADS, its employees, directors, and officers, and anyone else associated with 123RF disclaims, to the fullest extent permitted by law, any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non infringement, or that your usage of FREE IMAGE DOWNLOADS will be uninterrupted, error free of computer viruses or other damaging materials. When you access and acquire Content, you do so at your risk. FREE IMAGE DOWNLOADS, its employees and officers, and anyone else acting on behalf of FREE IMAGE DOWNLOADS also disclaims any and all common-law duties, including without limitation duties of reasonable care and workmanlike effort. FREE IMAGE DOWNLOADS, its employees, directors, and officers, and anyone acting on behalf of FREE IMAGE DOWNLOADS make no representation or warranty as to your right to use any individual's name, likeness, and/or image appearing in the Content without first obtaining appropriate rights from such individual.

(a) You understand and acknowledge that neither FREE IMAGE DOWNLOADS, its employees, directors, and officers, nor anyone acting on behalf of the FREE IMAGE DOWNLOADS website has made any representation or warranty that Your use of Content will not infringe or violate the trademark rights of any third party, or constitute a false designation of origin or any other form of unfair competition, and

(b) You understand that You should seek competent counsel before using Content on or in connection with any goods or services or for any other commercial purposes.

8. In no event will FREE IMAGE DOWNLOADS, its employees, directors, and officers, or anyone else associated with FREE IMAGE DOWNLOADS be liable for any indirect, special, incidental, economic, or consequential damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Content, even if FREE IMAGE DOWNLOADS has been advised of the possibility of such damages. In no event will the liability of FREE IMAGE DOWNLOADS, its employees, or related parties exceed the amount paid by you for accessing or using FREE IMAGE DOWNLOADS and for accessing, acquiring, and/or using Content from FREE IMAGE DOWNLOADS. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

9. You represent and warrant that:

(a) You are at least 18 years of age and have the right to enter into this Agreement;

(b) You will not use the Content in any way that is not permitted by this Agreement;

(c) Your use of the Content will not violate any applicable law or regulation of any country, state, or other governmental entity;

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Sunday, July 4, 2010

Monkey

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