The Passport Collection (TM)
End User License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS PRODUCT.
THIS IS A LICENSE AGREEMENT BETWEEN YOU AND THE PASSPORT COLLECTION(TM).
If you do not accept any term of this license, return the Product unused in its original package within ten days of the date you acquired it for a complete refund.
THIS IS A LICENSE, NOT A SALE OF FOOTAGE. THE PASSPORT COLLECTION IS THE OWNER OF THE STOCK FILES IN THIS PACKAGE. THIS COLLECTION IS PROVIDED UNDER THE TERMS OF THE FOLLOWING LICENSE AGREEMENT THAT STATES WHAT YOU MAY AND MAY NOT DO WITH THE PRODUCT AND IMAGES THEREIN AND CONTAINS LIMITATIONS AND WARRANTIES.
BY USING THIS CD-ROM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. UNLESS THE ACTIVITY IS SPECIFICALLY MENTIONED HEREUNDER, IT IS CONSIDERED A PROHIBITED USAGE.
THE PASSPORT COLLECTION hereby grants you a personal, nontransferable, nonexclusive, nonsublicensable right to use the enclosed stock files, which may consist of photographs, moving images, animations, or other digitized audio or visual representations or any portion thereof ("the Stock Files") and related software and documentation (collectively with the Stock Files, the "Product"). Should you violate the terms of this License Agreement, your license will be deemed automatically revoked.
Allow no more than ten specific users ("Authorized Users") to use the Product provided that all ten users are individuals who are employed by you or who are engaged by your enterprise;
Use the Stock Files as part of the audio and video works created by you that incorporate any of the Stock Files in whole or in part ("Derivative Work(s)") in any advertising, promotional material, web site, and for-sale products, other than Prohibited Uses (as hereafter defined) in any quantity, provided the Derivative Work is designed for viewing purposes only and is not designed or intended for re-use in any on-line distribution system;
Make modifications of Stock Files for the uses and in the manner described herein;
Provide a temporary copy to others of those Stock Files and Derivative Works which are an integral part of your work product and reasonably required to produce a finished product in the normal course of your workflow;
Store the Stock File Product on a network, storage jukebox or similar device providing that only Authorized Users have access to the device; and
Make one copy of the Stock File Product for backup or archival purposes.
You acknowledge that you may not:
Sublicense or make the Stock Files themselves available for use or distribution separately or detached from your product or web page. For example, you may use the Stock Files as an integral part of your web page design, but you may not make the Stock Files available for downloading separately or in formats designed or intended for permanent storage or re-use by web site users, or otherwise as a separate or downloadable reusable file, or disassemble, de-compile or "unlock", reverse engineer, translate or otherwise decode the Product for any reason. Similarly, you may provide your clients with copies of the Stock Files (including digital files) as an integral part of your work product, but you may not permit them to use the Stock Files separately in projects of their own. If your client wishes to use the Stock Files separately, either you on behalf of your client or your client must license the Stock Files for your client's separate use, either through our email at email@example.com. or by calling 1.800.677.7607.
Except as specifically provided above, copy this disc or otherwise use any backup or archival copy for any purpose other than to replace an original copy if it is destroyed or becomes defective;
Allow more than ten Authorized Users to use the Product;
Use or permit the use of the Product, or any part thereof, in or in association with fraudulent, embarrassing, insensitive, pornographic, obscene, defamatory, immoral, offensive, infringing, or illegal material;
Use or permit the use of the Product, or any part thereof, as a trademark or service mark, or claim any proprietary rights of any sort in the Product, or any part thereof;
Sell, sublicense, distribute or otherwise grant rights or make available for use by others all or a portion of the Product or Derivative Work(s)in form or formats designed or intended for re-use of the Stock File(s) or Derivative Work(s).
As a registered user of this Product, you are eligible to acquire a License extension from us that allows you to use this Product on more than ten computers, subject to the terms of a separate license agreement. Please contact THE PASSPORT COLLECTION's customer support team for pricing and additional information at 1.800.677.7607 or firstname.lastname@example.org.
Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owner's name.
All rights and title to this disc and the Stock Files and the software contained on this disc are owned by THE PASSPORT COLLECTION and its licensors and are protected by United States copyright laws, the law of trade secrets, international treaty provisions and other applicable laws. THE PASSPORT COLLECTION and its licensors retain all rights not expressly granted by this agreement. The license contained in this agreement will terminate automatically without notice from THE PASSPORT COLLECTION if you fail to comply with any provision of this agreement. Upon termination, you must immediately (i) stop using the disc, the Stock Files and the software contained on this disc, (ii) return the disc and all copies of it to THE PASSPORT COLLECTION, and (iii) delete the Stock Files and the software contained on this disc and all copies from all magnetic media and destroy all other copies or, upon request of THE PASSPORT COLLECTION, return all such copies to THE PASSPORT COLLECTION.
Trademarks can only be used to identify printed or electronic output produced by the Product. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this License Agreement does not grant you any intellectual property rights in the Product. Unpublished rights are reserved.
Your use of the Product, including the Stock Files and the other Software contained on this disc, must be in compliance with all applicable law, including but not limited to laws and regulations relating to currency and the law of moral rights. This disc and the software contained on it is "Restricted Computer Software." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this agreement and as provided in DFARS 227.7202-1(a), and 227.7202-3(a) (1995), DFARS 252.227.7013 (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52-227-14, as applicable.
You may not rent, lease, sublicense or lend the Product, or a copy thereof, to another person or legal entity that is not also a licensee. You may, however, transfer all of your rights to use the Product to another person or legal entity, provided that (i) you transfer all components of the Product and this license, including all copies, updates and prior versions, (except work product incorporated into finished 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.
THE PASSPORT COLLECTION warrants to you that the Product will perform substantially in accordance with the enclosed documentation for the 90 day period following your receipt of the Product. This warranty does not apply to Stock File copies or Derivative Works made by you. To make a warranty claim, you must return the Product to the location where you obtained it along with a copy of your sales receipt within such 90 day period. If the Product does not perform substantially in accordance with the documentation, the entire and exclusive liability and remedy shall be limited to either, at THE PASSPORT COLLECTION's option, the replacement of the Product or the refund of the license fee you paid for the Product. THE PASSPORT COLLECTION and its licensors do not and cannot warrant the performance or results you may obtain by using the Product. The foregoing states the sole and exclusive remedies for THE PASSPORT COLLECTION's or its licensors' breach of warranty.
TO THE EXTENT PERMITTED BY LAW, THE PASSPORT COLLECTION AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL EXPRESS WARRANTIES NOT STATED HERE AND ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IF THIS PRODUCT QUALIFIES AS A CONSUMER PRODUCT UNDER THE MAGNUSON-MOSS WARRANTY ACT, ANY IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS FROM YOUR RECEIPT OF THIS PRODUCT AND THEREAFTER ANY IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED. Some states or jurisdictions do not allow the exclusion of implied warranties, conditions or limitations on how long an implied warranty may last, so the above limitations may not apply to you. This warranty gives you specific legal rights. You may have other rights which vary from state to state or jurisdiction to jurisdiction. For further warranty information, please contact THE PASSPORT COLLECTION's Customer Support Department.
LIMITATION OF LIABILITY:
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PASSPORT COLLECTION OR ITS LICENSORS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A PASSPORT COLLECTION REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. To the extent permissible by law, THE PASSPORT COLLECTION's maximum aggregate liability to you, and that of our dealers and suppliers, shall not exceed the amount you have paid for the Product. The limitations imposed by this paragraph shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitations may not apply to you.
GOVERNING LAW AND GENERAL PROVISIONS:
This license will be governed by the laws in force in the State of California, USA, excluding the application of its conflicts of law rules. This license will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this License Agreement is found void and unenforceable, it will not affect the validity of the balance of the license, which shall remain valid and enforceable according to its terms. You agree that the Product will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other applicable export laws, restrictions or regulations. This license shall automatically terminate upon failure by you to comply with its terms. This License Agreement may only be modified in writing signed by an authorized officer of THE PASSPORT COLLECTION. If you acquired this Product in Canada, you agree that the parties hereto have expressly required that the present agreement be drawn up in the English language; Les parties aux presentes ont expressement exige que la presente convention soie redige en langue anglaise.
NOTICE TO U.S. GOVERNMENT END USERS.
The Product and all its components are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
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Encounter Video, Inc.
14825 N.W. Ash Street
Portland, OR 97231
(800) 677-7607 -- (503) 285-8974 -- Fax (503) 285-3726
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