This document is a legal and binding agreement between you and SWP, Incorporated, doing business as PraisePics and SW Productions. By downloading an image, images or software, in digital form, herein after referred to as image(s), you agree to the terms and conditions of this agreement. If you do not agree, image(s) downloading and image(s) use is extremely prohibited. By downloading an image(s), you are accepting this license agreement in its entirety. If you are entering into this agreement on behalf of your employer, the terms and conditions of this agreement apply to your employer as well as to you, the employee, and your or your companies client (if applicable).
1. SWP, Incorporated grants the downloader and/or purchaser of the image(s) a nonexclusive, right to use the image(s) (collectively or individually) while limiting the use of the image(s) to a single user (individual). Companies, corporations, businesses, or other entity purchasing rights to use the image(s) must purchase additional image(s) rights for every user. Please call SWP, Incorporated as soon as possible to inquire about a company wide license if there is more than one user having access to the image(s). Multiple users without an appropriate multi-user license will automatically terminate this license agreement and individual(s), businesses, corporations or other entity responsible for license agreement infraction will be subject to copyright infringement laws.
2. Each image(s) may be used worldwide for any of the following uses:
- advertising and/or promotional materials
- online or web page design
- publications (electronic or print) including editorial
- personal and/or non-commercial use
- layout, comp, or testing
3. Each image(s) may not be used for any of the following uses:
- pornographic related
- tobacco related
- alcohol related
- any use that may be defamatory, libelous or otherwise unlawful to either SWP Incorporated,
employees, its legal representatives, licensors, or models.
4. No image(s) may be resold, re-licensed or distributed separately from its intended product as listed above under Section 2. One back-up copy of the image(s) is permissible but may only be used if the original image(s) is lost, becomes defective or is destroyed.
GENERAL
All rights to the image(s) are and will remain under the ownership and copyright of SWP, Incorporated and are protected by the United State copyright laws. SWP, Incorporated retains all rights not expressly granted by this agreement. This agreement and license may not be transferred to another party or legal entity without expressed written permission by SWP, Incorporated and/or its legal representatives. If transfer of ownership is granted, original owner may not continue using the image(s), whole or part, at any time from the point in time of transfer of ownership. Nor may any of the image(s) stay copied, digitized, or in any form remain on the original purchasers computer or peripherals. It is the responsibility of the original owner to express this agreement to the transferee. If this agreement, in any part, has not been complied with, this agreement will terminate and any further use of the image(s) must be immediately discontinued and the image(s) must be returned to SWP, Incorporated. Any copies of the image(s) or software must immediately be removed or erased from computers, removable and/or magnetic media, or other form, paper, digital or other. Any use of the image(s) must be in compliance with this agreement and applicable laws, including but not limited to, laws and regulations relating to currency and the law of moral rights. SWP, Incorporated reserves the right to discontinue use of any image(s) for any reason and elect to replace the image(s) with an alternate image(s). Upon notice of any of a license for a particular image(s), you, and your employer, and your client (if applicable) agree not to use the image(s) in the future. The image(s), and software are "Restricted Computer Software", and, when provided to or for, or used on behalf of, the United States of America, its agencies and/or instrumentalities (the "U.S. Government"), are provided with "Restricted Rights." Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth under the United States copyright laws and this agreement, as provided in DFARS 227.7202-1(a), and 227.7202-3(a) (1995), DFARS 252.227.7013(c), FAR 12.212(a) (1995), or FAR 52.227-19(a)-(d), as applicable. All legal actions pertaining to this license agreement or image(s) must be filed and tried in the State of California or state in which SWP, Incorporated is a legal corporation and is located in.
WARRANTY
SWP, Incorporated makes no warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Some states do not permit the exclusion of implied warranties, and you may have other rights, which may vary from state to state. Neither SWP, Incorporated, its legal entities or representatives, and/or licensors, or models, shall be liable to you or any other person or entity for any general, special, direct, indirect, consequential, incidental or other damages arising out of this agreement or otherwise.
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