IMPORTANT -- READ THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE ASSOCIATED CALL OF THE WILD ROYALTY FREE COMMERCIAL IMAGES. Purchase, installation and/or use of Call Of The Wild Royalty Free Commercial Images signifies acceptance of the terms of this License and agreement to be bound by terms and conditions herein. If you do not agree to these terms and conditions, do not purchase, install or use the Call Of The Wild Royalty Free Commercial Images.
LICENSE FOR ROYALTY FREE COMMERCIAL USE. This agreement is between Call Of The Wild ("COTW") and the Licensee. COTW understands it is customary in some industries for a third party to purchase licensing on behalf of the end user. In that event, COTW recognizes as the Licensee the individual or entity who, as the end user, is the actual purchaser.
COTW grants Licensee a non-transferable, non-exclusive, worldwide, perpetual License to store, reproduce and use Royalty Free COTW Image(s), subject to the conditions as set forth in this agreement, and to store, reproduce and use any authorized derivative works or copies of derivative works for Licensee's use, or for the use of Licensee's client, or customer, who must be the end-user of the derivative works.
Licensee may install images purchased from the website on one computer at a time and use the images on that computer with one user for professional uses incidental to other commercial activities including but not limited to the design of brochures, newsletters, presentations, web sites, and advertisements.
Licensee may also copy images purchased from the website to a secondary mass storage device, such as a CD-ROM, for backup purposes provided only one (1) backup copy of the original image is created.
RESTRICTIONS OF ROYALTY FREE IMAGES. Licensee may not use any of the COTW Images that contain recognizable persons, entities, or products in a manner which suggests their association with or endorsement of any product or service;
Licensee may not use COTW Images in any pornographic, defamatory, libelous, or other unlawful manner;
Licensee may not remove, disable or attempt to remove or disable any digital watermarks or other proprietary notices or markings that may be included with the COTW Images;
Licensee may not produce physical products for sale or resale, where the COTW Image(s) or derivative works are a significant part of, or a main selling point of, the product including but not limited to framed or unframed prints, clocks, calendars, book covers, non-disposable packaging, needlework or needlework kits, coffee mugs, posters, picture post cards, greeting cards, and T-shirts;
Licensee may not incorporate COTW Image(s) or derivative works into any product which redistributes the images, whether or not such redistribution is the purpose of the product, including but not limited to eBooks, software programs, video games, computer screensavers and computer wallpapers; and
Licensee may not sublicense (sell, rent, loan, give, or otherwise transfer) original COTW Images or derivative works, or the right to use original COTW Image(s) or derivative works, to a third party other than Licensee's client, or customer as outlined in the above section "License For Royalty Free Commercial Use." Use of COTW Images within photo archives, photo databases, and stock agencies is strictly prohibited and Licensee shall take all commercially reasonable precautions to prevent third parties from duplicating and/or distributing COTW Images or derivative works.
TITLE. The COTW Images are the proprietary and copyrighted materials of Call Of The Wild and/or its suppliers, and all rights, titles, and interests in and to the COTW Images remain with Call Of The Wild and its suppliers.
NO WARRANTIES. Call Of The Wild provides the COTW Images to Licensee "as is," without warranty of any kind, and Call Of The Wild specifically disclaims all warranties, expressed or implied, with respect to the COTW Images including without limitation any implied warranties of merchantability and fitness for a particular purpose. There is no warranty of Title or noninfringement for COTW Images.
LIMITATIONS OF LIABILITY. In no event shall Call Of The Wild be liable for any third party claims or any incidental, consequential or special damages arising out of this license or the use or inability to use the COTW Images, even if Call Of The Wild has been advised of the possibility of such damages. In no event shall Call Of The Wild's liability (whether in Tort, Contract or otherwise) exceed the fee paid to Call Of The Wild for use of the COTW Images.
TERMINATION. Call Of The Wild may terminate the License immediately if Licensee fails to comply with its terms and conditions.
REVISIONS AND MODIFICATIONS. Call Of The Wild reserves the right to make revisions and modifications to this License so that the original intent of the license remains intact. In the event it is brought to the attention of Call Of The Wild that one or more of the provisions can be held invalid or interpreted other than intended, the provision(s) shall be modified to maintain the integrity of the License, and the revised License shall be posted on the website.
GENERAL. This License is intended as a legally binding agreement between Licensee and Call Of The Wild. Its terms state the entire agreement between Licensee and Call Of The Wild with respect to use of the COTW Images and supersede any prior understandings or agreements to the contrary. If any provision of this agreement is held invalid, the remainder shall continue in full effect. Failure by Call Of The Wild to act on any breach of compliance does not imply a waiver of our rights in terms of the breach or subsequent breaches of compliance. This License is governed by the laws of the State of Oregon without regard to its principles on choice of law, and in any action relating to this License or the COTW Images, Licensee agrees to the jurisdiction and venue of the state and federal courts sitting in Lane County, Oregon.
