Stock Photography CD-Rom $149

275 Royalty Free Images

Image size 9.5x6.5 inches at 300dpi

 

Image/CD license: Please read the following license in its entirety before accepting.

KENNY GLOVER PHOTOGRAPHY IMAGE LICENSE

THIS IS A LEGAL AGREEMENT BETWEEN YOU (hereafter "LICENSEE") AND KENNY GLOVER PHOTOGRAPHY (hereafter "KGP"). READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU
DOWNLOAD ANY IMAGE AND/OR SOFTWARE. BY DOWNLOADING ANY IMAGE AND/OR
SOFTWARE FROM OUR WEBSITE OR CD, YOU AGREE TO BE BOUND BY THE TERMS OF THIS
AGREEMENT. IF YOU DO NOT AGREE, DO NOT DOWNLOAD OR USE ANY IMAGE PUBLISHED BY
KGP. THESE IMAGES ARE COPYRIGHT PROTECTED.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE
GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR
EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU
CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE
UNDER THIS AGREEMENT.

ALL OF THE IMAGES ARE COPYRIGHTED MATERIAL EITHER BY KGP OR BY A THIRD PARTY
THAT HAS LICENSED THE USE OF THE IMAGES TO KGP.

1. GRANT OF LICENSE
KGP grants Licensee a nontransferable, nonexclusive, license to download the images
contained on the CD and to use the Licensed images subject to the Usage Limitations hereunder.

2. USAGE LIMITATIONS
(a) Licensee may:
(i) Use the CD on only one computer at any one time; (ii) modify, copy, and incorporate the
images in advertising, communications, marketing, and promotional materials, multimedia
projects, video, graphic design projects and general creative works that you design for
yourself or your clients.

(b) Licensee may not use the images in any way that is not specifically allowed by this
Agreement. Without limiting the generality of the foregoing you may not:
(i) Copy the CD in its entirety or otherwise substantially reproduce the contents of the CD;
(ii) copy any image from the CD onto more than one computer at a time; (iii) redistribute
or resell the disc or any or all of the images, or modified versions of the images including,
but not restricted to, portions of the images incorporated into other images, as another
image library, or as another type of product which is similar to, or competes with, this
product; (iv) rent, lease, time-share or sub-license the CD or any of the images; (v) place
any of the images on a computer-network, internet, intranet, computer bulletin board or
other form of on-line or internet-accessible service; (vi) use any KGP product for the
purpose of creating a product or products for resale (with the exception of books, book
jackets and CD covers), such as software, greeting cards, stationaly, posters/prints,
T-shirts, or calendars for commercial sales, in which the primary value of the product for
sale is the images itself. If this type of usage is required, please contact KGP to arrange for
special licensing by calling 1-205-981-9265 (SEE BELOW FOR FURTHER DETAILS).

3. MODEL RELEASES
The use of a Model Release is designed to hold both the photographer and the Licensee free of
liability associated with usage. However, it does not cover all possible uses. Images may
not endorse, promote, represent or be used in connection with alternative
(gay and/or lesbian) lifestyles; alcohol; tobacco; illegal drugs;
psychological, psychotropic, and/or physical disorders; criminal and/or
anti-social behaviors; sexual and/or pornographic contexts; and/or
controversial political views. In addition, any uses which may be construed
by the model as degrading, offensive, defamatory or which deal with
controversial subjects of any kind are not covered in the releases KGP has
in its possession. Such uses, if they are made at all, must be approved in
writing by KGP, prior to usage. Inquiries may be made by phone
(205-981-9265), and/or e-mail (amerikanpie@wwisp.com).

Model releases are available in most, but not all cases. Licensee shall indemnify KGP against
any and all claims arising out of the use of an image for which a release has not been
obtained. Model release inquiries must be made in writing prior to usage or publication. In
any event, the limit of liability of KGP shall be no more than the amount paid by Licensee
for license for any such image.

 

4. STANDARD LICENSE ENCOMPASSES THE FOLLOWING:
- Materials for internal company use and for production on third party projects.
- In print form only for advertising and promotional materials.
- In TV or cable broadcasts.
- As a part of any on-line or electronic process or multi-media.
EXAMPLES OF ACCEPTABLE USE:
- product catalogs
- direct mail
- corporate logos
- newsletters
- advertising and editorial layouts
- trade show materials
- multi-media presentations
- corporate brochures
- web page design
- text books
- teaching materials
- permanent packaging

5. THE FOLLOWING IS A GENERAL GUIDELINE OF USAGE NOT AUTHORIZED
WITHOUT THE EXPRESS CONSENT OF KENNY GLOVER PHOTOGRAPHY
- calendars for resale
- greeting cards for resale
- stationary for resale
- CD and album covers for resale
- multimedia games/educational for resale
- clothing items for sale
- postcards for resale
- posters for resale

6. LICENSE AND RESTRICTIONS FOR FREE WATERMARKED COMPING IMAGES
CONTAINED ON THE WEBSITE

(a) Licensee may:
(i) Use the image on only one computer at any one time; (ii) modify, copy, and incorporate the
free comping images in projects that are for personal or in-house corporate
use for comping, rough layouts, mock-ups and browsing purposes only.

(b) Licensee may not use the free comping images in any way that is not specifically allowed
by this Agreement. Without limiting the generality of the foregoing you may not:
(i) Modify, copy, and incorporate the free comping images on the website in projects that
are communicated publicly outside of your company, including but not limited to,
advertising, communications, web pages, marketing, and promotional materials, multimedia
projects, video, graphic design projects and general creative works that you design for
yourself or your clients, other than for comping, rough layouts or mock-ups.

7. UNAUTHORIZED USE
Without limiting KGP's rights or remedies with respect to any licensed image, unauthorized
use of a licensed images may constitute copyright infringement, entitling KGP to exercise
all rights and remedies under United States or other Copyright laws, including but not
limited to an injunction preventing further use and damages up to $100,000 for each
willful infringement. Licensee acknowledges and agrees that, in light of the value of a
licensed image, there may not be a sufficient remedy at law for unauthorized use of such
licensed images and that KGP shall be entitled, without waiving any other rights or
remedies, to the issuance without bond of ex-parte preliminary or permanent injunctive or
equitable relief as may be deemed proper by a court of competent jurisdiction.

8. LIMITED WARRANTY
KGP warrants that for a period of ninety (90) days from the date of delivery to you as
evidenced by a copy of your receipt, the CD on which the images are furnished, under
normal use, will be free from defects in materials and workmanship. KGP's entire liability
and your exclusive remedy under this warranty (which is subject to you returning this CD
and/or this software to KGP or an authorized dealer with a copy of your receipt) will be, at
KGP's option, to replace the CD or to refund the purchase price and terminate this
Agreement.

9. DISCLAIMER OR WARRANTIES
NEITHER KGP NOR ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR SUPPLIERS
REPRESENT OR WARRANT THE RELIABILITY, TIMELINESS OR COMPLETENESS OF THE
LICENSED IMAGES OR THAT THE SAME IS NON-INFRINGING OR COPYRIGHT OR OTHER
RIGHTS. ANY USE OF A LICENSED IMAGES SHALL BE AT LICENSEE'S SOLE RISK. THE
LICENSED IMAGES ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
WITH THE SOLE EXCEPTION OF THE LIMITED WARRANTY DESCRIBED IN THE PRECEDING
PARAGRAPH. KGP DOES NOT WARRANT THAT THE OPERATION OF THIS PRODUCT WILL BE
UNINTERRUPTED OR ERROR FREE, WILL MEET LICENSEE'S REQUIREMENTS, OR WILL
OPERATE WITH THE COMBINATION OF HARDWARE AND SOFTWARE SELECTED BY LICENSEE.

10. LIMITATION OF LIABILITY
In no event shall KGP or its officers, employees, agents, representatives, or suppliers be
liable for any indirect, incidental, special or consequential damages arising out of or
relating to any licensed image, whether based in warranty, tort, contract, failure of
essential purpose, or otherwise. This limitation will apply even if KGP or an authorized
dealer has been advised of the possibility of such damage. In no event shall KGP's liability
hereunder exceed the license fees paid by Licensee hereunder.

11. INTELLECTUAL PROPERTY RIGHTS
As between KGP and Licensee, KGP retains all right, title and interest, including copyrights
and other intellectual property rights, in and to the licensed images.

12. TERM AND TERMINATION
This Agreement is effective as of the date entered into by Licensee and shall remain in effect
unless terminated in accordance with this Agreement. Licensee may terminate this
Agreement at any time upon notice to KGP. KGP may terminate this Agreement upon notice to
Licensee in the event that Licensee materially breaches any of its obligations under this
Agreement. Upon termination of this Agreement for any reason, the license(s) granted
hereunder shall terminate and Licensee must immediately (i) stop using the licensed
image(s) and (ii) delete or destroy all copies of the licensed image(s) or, upon request of
KGP, return all such copies to KGP.

13. INDEMNIFICATION
Licensee agrees to defend, indemnify and hold harmless KGP and its officers, employees,
agents, representatives, or suppliers from and against all claims and expenses (including
reasonable attorneys' fees and expenses) arising out of any unauthorized use of a licensed
image by Licensee or any third party to whom Licensee has provided copies of, or access to,
a licensed image or any breach by Licensee of the terms of this Agreement.

14. SURVIVAL
The terms of paragraphs: 3,5,6,7,8,9,10,13 and this Section 12 shall survive any
termination of this Agreement.

15. MISCELLANEOUS
Licensee represents to KGP that Licensee has the full right and authority to enter into this
Agreement. This Agreement constitutes the complete and exclusive agreement between KGP
and Licensee with respect to the subject matter hereof and supersedes all prior discussions,
understandings and agreements with respect to the subject matter hereof. If any provision of
this Agreement is determined by a court of competent jurisdiction to be invalid, all other
provisions shall remain in full force and effect. Waiver by a party of any breach of any
provision of this Agreement by the other party shall not operate or be construed as a waiver
of any subsequent or other breach. This agreement shall be construed in accordance with the
laws of the State of Alabama, without regard to its conflict of laws rules. In any dispute arising
out of this agreement, Licensee consents to the exclusive jurisdiction of the state of Alabama
and venue in the state and federal courts within Birmingham, Alabama. Licensee may not
assign or transfer this Agreement or any rights granted hereunder without the prior
written consent of KGP. This Agreement shall be binding on and inure to the benefit of the
parties hereto, their successors and permitted assigns.

Kenny Glover Photography™ 2004©, Birmingham, AL 35242 USA

 

 

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