IMPORTANT -- READ THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE ASSOCIATED CALL OF THE WILD CONSUMER IMAGES. By installing or using the Call Of The Wild consumer images, you signify your acceptance of the terms of this License and you agree to be bound by its terms and conditions. If you do not agree to these terms and conditions, do not install or use the Call Of The Wild consumer images.
LICENSE FOR PERSONAL USE. Call Of The Wild ("COTW") grants you a non-exclusive license to use, install, and copy the Call Of The Wild digital consumer images ("COTW Consumer Images") subject to the following restrictions:
You may exercise the foregoing license solely for your personal use. "Personal use" is defined as the private, non-commercial use of the COTW Consumer Images, including the display of the COTW Consumer Images at various resolutions in combination with other materials such as a personal web page, the creation of printed materials containing the COTW Consumer Images, and the use of the COTW Consumer Images for reference, research and any other private, non-commercial purposes.
LICENSE FOR NON-PROFIT USE. Call Of The Wild ("COTW") grants you a non-exclusive license to use, install, and copy the accompanying Call Of The Wild digital images ("COTW Consumer Images") subject to the following restrictions:
You may exercise the foregoing license solely for your Non-Profit use. "Non-profit use" is defined as the private, non-commercial use of the COTW Consumer Images, including the display of the COTW Consumer Images at various resolutions in combination with other materials such as an organization's web page, the creation of printed materials containing the COTW Consumer Images, such as a newsletter, and the use of the COTW Consumer Images for reference, research and any other private, non-commercial purposes. In addition, non-profit organizations may use the COTW Consumer Images in conjunction with fundraising activities, including the sale of items using the COTW Consumer Images with the following restrictions:
- COTW Consumer Images may not be sold in any electronic form, either as an individual digital image, or part of a collection of digital images, including but not limited to: duplication of existing Call Of The Wild CD-ROM collections; screensavers; wallpapers; images on CD-ROM, floppy diskette, or other "removable media" for computer use; and files made available for download over the Internet or private intranet.
- The Call Of The Wild copyright notice must be appropriately and prominently displayed.
- The non-profit organization or one of it's members must have purchased the CD-ROM, and the organization and it's members agree to be bound by the terms and conditions of this licensing agreement.
- The non-profit organization may use a commercial entity to manufacture item(s) being used as part of the fundraiser provided the non-profit organization seeks out the commercial entity.
- A commercial entity may purchase the COTW Consumer Images on behalf of the non-profit organization for any acceptable non-profit use as defined above, provided the non-profit organization approached the commercial entity regarding the project prior to the purchase, the non-profit organization is the sole licensee, and the COTW Consumer Images are surrendered to the non-profit organization at the completion of the project.
- Any commercial entity approaching the non-profit organization with COTW Consumer Images is in violation of this agreement.
RESTRICTIONS. Except as outlined above for Non-Profit use, you may not use or incorporate the COTW Consumer Images in any materials, goods, or services for which you charge or collect any fees, money or other consideration, either directly or indirectly through advertising, sponsorship, or otherwise. You may not use or incorporate the COTW Consumer Images in any advertising or promotional materials;
While you may incorporate the COTW Consumer Images into your own printed and electronic materials, you may not resell, license, or otherwise distribute the COTW Consumer Images or derivative works of the COTW Consumer Images on a "stand alone" basis (i.e., you may not distribute the COTW Consumer Images apart from your own printed and electronic materials). You may not sublicense or transfer any of your rights under this License;
You may not use any of the COTW Consumer Images that contain recognizable persons, entities, or products in a manner which suggests their association with or endorsement of any product or service;
You may not use the COTW Consumer Images in any pornographic, defamatory, libelous, or other unlawful manner; and
You 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 Consumer Images.
TITLE. The COTW Consumer 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 Consumer Images remain with Call Of The Wild and its suppliers.
NO WARRANTIES. Call Of The Wild provides the COTW Consumer Images to you "as is," without warranty of any kind, and Call Of The Wild specifically disclaims all warranties, expressed or implied, with respect to the COTW Consumer Images including without limitation any implied warranties of merchantability and fitness for a particular purpose. There is no warranty of Title or noninfringement for the COTW Consumer 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 your use or inability to use the COTW Consumer 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 Consumer Images.
TERMINATION. Call Of The Wild may terminate the License immediately if you fail 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 you and Call Of The Wild. Its terms state the entire agreement between you and Call Of The Wild with respect to your use of the COTW Consumer 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 Consumer Images you agree to the jurisdiction and venue of the state and federal courts sitting in Lane County, Oregon.