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Image License Agreement

HOMESTEAD TECHNOLOGIES INC. IMAGE TERMS OF USE
 
IMPORTANT: READ CAREFULLY THE TERMS AND CONDITIONS OF THE IMAGE LICENSE AGREEMENT (“LICENSE’) BEFORE DOWNLOADING THE IMAGE(S).  IF YOU ARE UNCERTAIN AS TO WHETHER YOUR INTENDED USE IS IN COMPLIANCE WITH THIS LICENSE, WE RECOMMEND THAT YOU SEEK THE ADVICE OF YOUR OWN ATTORNEY OR LEGAL COUNSEL. HOMESTEAD TECHNOLOGIES INC. WILL NOT PROVIDE YOU WITH AN OPINION AS TO WHETHER YOUR USE IS IN COMPLIANCE WITH THIS LICENSE.
 
YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET OUT IN THIS LICENSE; IF YOU ARE ACCEPTING ON BEHALF OF A COMPANY, YOU REPRESENT AND WARRANT TO HOMESTEAD TECHNOLOGIES INC. THAT YOU HAVE FULL AUTHORITY TO BIND SUCH COMPANY.
      
ATTENTION: THIS IS A LICENSE, NOT A SALE.  THE PRODUCT IS PROVIDED UNDER THE FOLLOWING LICENSE WHICH DEFINES WHAT YOU MAY DO WITH THIS PRODUCT AND CONTAINS LIMITATIONS ON WARRANTIES AND/OR REMEDIES.   
 
A.  LICENSE: Homestead Technologies Inc. (“we” or “us” or “Homestead”) grants you a non-exclusive, non-transferrable license to use, reproduce, modify, publish, display and distribute the digitized image(s) (the “Image(s)”) in accordance with the terms of this license (“License”).  For the purposes of this License “you” means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License.  
 
B.  PROPRIETARY RIGHTS. The copyright and all other rights in the Image(s) shall remain with us or our suppliers.
 
C.   YOU MAY, subject to any restrictions set out below:
  1. incorporate any Image(s) into your own original work and publish, display and distribute your work in any media.  You may not, however, resell, sublicense or otherwise make available the Image(s) for use or distribution separately or detached from a product or web page.   For example, the Image(s) may be used as  part of a web page design, but may not be made available for downloading separately or in a separate digital format designed or intended for permanent storage or re-use by others.  Similarly, clients may be provided with copies of the Image(s) (including digital files) as an integral part of a work product, but may not be provided with the Image(s) or permitted to use the Image(s) separately or as part of any other product; and make one (1) copy of the Image(s) for backup or archival purposes.
 
D.  YOU MAY NOT
  1. create scandalous, obscene, defamatory or immoral works using the Image(s) nor use the Image(s) for any other purpose which is prohibited by law;
  2. use or permit the use of the Image(s) or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Image(s) or any part thereof;
  3. use the Image(s) in electronic format, on-line or in multimedia applications unless all of the Image(s) are incorporated for viewing purposes only and no permission is given to download and/or save the Image(s) for any reason
  4. rent, lease, sublicense or lend the Image(s), or a copy thereof, to another person or legal entity.  You may, however, transfer all your license to use the Image(s) to another person or legal entity, provided that (i) you transfer the Image(s) and this License, including all copies (except copies incorporated into your work product as permitted under this License), to such person or entity, (ii) that you retain no copies, including copies stored on a computer or other storage device, and (iii) the receiving party agrees to be bound by the terms and conditions of this License; or
  5. use any Image(s) except as expressly permitted by this License.
 
Government Crests, Seals and other Insignia  
The national and municipal insignia contained on this site are protected by various laws against misuse.  Generally speaking, all logos, insignia, patches, seals, flags and coats of arms are for official use only.  It is your responsibility to obey all national and international laws regulating display of the insignia, seals, flags and coats of arms contained herein.
 
E.  TERM: This License shall continue for as long as you are in compliance with the terms and conditions of this agreement. This license will terminate immediately if you fail to comply with any of its terms or conditions.  You agree, upon termination, to destroy all copies of the Image(s).  The Limitations of Warranties and Liability set out below shall continue in force even after any termination.
 
F.  LIMITATIONS OF WARRANTIES AND LIABILITY: THE IMAGES ARE PROVIDED AND LICENSED BY Homestead ON AN “AS IS” BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE.  THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU.  NEITHER Homestead NOR ITS DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF Homestead HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. Homestead IS ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY.   THE LIMITATIONS SET FORTH HEREIN SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH.  SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
 
G. U.S. GOVERNMENT RIGHTS: With respect to any acquisition of the Image(s) by or for any unit or agency of the United States Government (the “Government”), the Image(s) shall be classified as “commercial computer software” as that term is defined in the applicable provisions of the Federal Acquisition Regulation (the “FAR”) and supplements thereto, including the Department of Defense (DoD) FAR Supplement (the “DFARS”).  The Image(s) was/were developed entirely at private expense, and no part of the Image(s) was/were first produced in the performance of a Government contract.  If the Image(s) is/are supplied for use by the DoD, the Image(s) is/are delivered subject to the terms of this Agreement and either (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted rights in accordance with DFARS 252-227-7013 (c)(1)(ii)(OCT 1988), as applicable.  If the Image(s) is/are supplied for use by a Federal agency other than the DoD, the Image(s) is/are restricted computer software delivered subject to the terms of this Agreement and (i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii) FAR 52.227-14(ALT III), as applicable.  The contractor is Homestead.
 
H. ELIGIBILITY:  To be eligible to purchase a license for the Image(s) you must be in compliance with applicable export laws.  By downloading the Image(s) you are representing and warranting to Homestead that you are compliant with the following statements: (i) you are not a citizen, national or resident of, and are not under the control of, the government of :  Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, Syria, Taliban-controlled areas of Afghanistan, nor any other country to which the United States has prohibited export; (ii) you will not download or otherwise export or re-export the Image(s), directly or indirectly, to the countries mentioned in clause (i) nor to citizens, nationals or residents of those countries; (iii) you are not listed in the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, or Specially Designated Narcotic Traffickers, nor are you listed on the United States Department of Commerce Table of Denial Orders; (iv) you will not download or otherwise export or re-export the Image(s), directly or indirectly, to persons on the lists mentioned in clause (iii); and (v) you will not use the Image(s) for, and will not allow the Image(s) to be used for, any purposes prohibited by United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
If you cannot represent and warrant that you are in compliance with the above statements, you are not eligible to purchase a license for the Image(s) and/or download the image(s).
 
I.  GENERAL: This License is the entire agreement between you and us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement.  This License shall be governed by and construed in accordance with the laws of the Homestead and excludes that body of law applicable to choice of law and excludes the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable.  You hereby consent and attorn to the jurisdiction of the courts of such province.  If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect.  The parties have requested that this Agreement and all documents contemplated hereby be drawn up in English.
 
GUIDELINES FOR THE USE OF CLIPART, PHOTO OBJECTS AND PHOTOGRAPHIC IMAGES
 
This product contain numerous clipart and photo images (collectively referred to as the “Images”) which are either owned by Homestead or licensed from a third-party.  As a user of this product you are free to use, modify and publish the Images as you wish subject to the restrictions set out below.  If you are uncertain as to whether your intended use is in compliance with the Guidelines set out below, we recommend that you seek the advice of your own attorney or legal counsel.  Homestead will not provide you with an opinion as to whether your use is in compliance with these Guidelines.
 
 
A. YOU MAY, subject to any restrictions set out below:
 
  1. incorporate any Image(s) into your own original work and publish, display and distribute your work in any media provided you include a copyright notice in any electronic or digital work reflecting on the copyright ownership of both you,  and its licensors as follows: "Copyright © 20__ [your name] and its licensors. All rights reserved."  You may not, however, resell, sublicense or otherwise make available the Image(s) for use or distribution separately or detached from a product or Web page.   For example, the Image(s) may be used as part of a Web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by others.  Similarly, clients may be provided with copies of the Image(s) (including digital files) as an integral part of a work product, but may not be provided with the Image(s) or permitted to use the Image(s) separately or as part of any other product;
  2. make one (1) copy of the Image(s) for backup or archival purposes.
 
B.  YOU MAY NOT
 
  1. create scandalous, obscene, defamatory or immoral works using the Image(s) nor use the Image(s) for any other purpose which is prohibited by law;
  2. use or permit the use of the Image(s) or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Image(s) or any part thereof;
  3. use the Image(s) in electronic format, on-line or in multimedia applications unless the Image(s) are incorporated for viewing purposes only and no permission is given to download and/or save the Image(s) for any reason.
  4. rent, lease, sublicense or lend the Image(s), or a copy thereof, to another person or legal entity.  You may, however, transfer all your license to use the Image(s) to another person or legal entity, provided that (i) you transfer the Image(s) and this License, including all copies (except copies incorporated into your work product as permitted under this License), to such person or entity, (ii) that you retain no copies, including copies stored on a computer or other storage device, and (iii) the receiving party agrees to be bound by the terms and conditions of this License;
  5. use any Image(s) except as expressly permitted by this License.
  6. use the Image(s) related to identifiable individuals, products or entities for any commercial purpose or in a manner which suggests their association with or endorsement of any product or service.

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