(This End User License Agreement is subject to variation displayed at our web site www.imagemore.com.) This End User License Agreement (“Agreement”) is a non-transferable license between you and Imagemore Co., Ltd (“IMAGEMORE”) with legal effectiveness. You should be aware that by downloading or using any Product as described in this term, you agree to be bound by the terms of this Agreement. If you do not agree with the terms and conditions of this Agreement, to prevent from infringement, you shall not use and/or download the Products.

n           License Products 

License Products (herewith referred to as “Products”) shall mean any or whole part of any image, illustration, vector, graphic, film, footage, video, audio or all other media and content delivered in any format, including but not limited to any physical storage media (ex. CD, DVD, etc.) or any online or electronic transmission provided by IMAGEMORE.

n           Registration

This license is granted only to the Product’s registrant, who must be the end user of IMAGEMORE Products. Any usage of Products not specifically granted by this Agreement or breach of any terms of this Agreement constitute copyright infringement, entitling IMAGEMORE to exercise all rights and remedies available to it under applicable copyright and other laws around the world. Under this Agreement you agree to pay at least ten (10) times license fee for the unauthorized usage, in addition to any other costs and expenses, including but not limited to legal fees, settlements, damages and penalties IMAGEMORE may be entitled to under this Agreement and applicable law.

n           License Grant

By this agreement, IMAGEMORE grants you (the registered end user) the non-exclusive, non-transferable right to use the Products in advertising and promotional materials for you, who must be the end-user.

1.      You may make only one backup copy to one single PC, but may only use the copy if the original Products become defective, destroyed or otherwise irretrievably lost. Any usage of Products in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes the copyright infringement.

2.      You may place the Products on no more than one computer at any one time, unless additional extended licenses are purchased for each additional User before such additional usage.

3.      IMAGEMORE grants the registered End Users the following different usage rights according to different conditions, as also stipulated in the Registration data in the invoice.

A. Royalty Free (RF)
You have the non-exclusive, non-transferable, non-sublicense right to reproduce the Products identified in the Invoice an unlimited number of times during the term of the Agreement as set forth in the Invoice (the "Term") in any and all media for the following purposes (together the "Permitted Usage")

1)    Any print media, including advertising, promotional and publishing (including for editorial purposes) materials for personal/non-commercial purposes and not as the content of the merchandise products itself;

2)    Advertising and promotional materials via Internet, intranet, Online or web-based media, and multi-media including web-design, broadcasting, film/DVD and video, for personal/non-commercial usage and not constituting the content of the media itself;

3)    For editorial usage (e.g. newspapers, magazine, and other public media),  the End Users must include the following credit adjacent: “ [Imagemore Co., Ltd.]” and provide one printed copy to Imagemore for records..

B. Editorial Usage

1)       Editorial usage means the single-time usage of the Product as media that will attract news value and public’s interest of reading or watching.

"Editorial" means Licensed content relating to events that are newsworthy or of public interest and only for one-time usage by every license.

2)       When using the Product as editorial usage (public media like newspaper, magazine, …etc.), the End Users must include the following credit adjacent: “ [Imagemore Co., Ltd.]” and provide one printed copy to Imagemore for records. If the End User does not perform the credit, Imagemore  shall require End User to pay one time extra of the invoiced price, excluding other rights or compensations that Imagemore has the rights to claim.

3)         The End User shall not use the Product for any promotional, advertising, or other commercial purpose without Imagemore’s prior written consent. The End User shall not modify or change any part of the design of the Product.

Editorial may be cropped, provided that the editorial integrity of the Licensed Content is not compromised, but shall not, under any circumstances, otherwise be rotated, altered, changed or tampered with, either manually or electronically, without Imagemores' prior written permission.

C. Rights Managed (RM)

For RM usages, the End User has to strictly abide by the regulations and permitted usage stated in the Product Registration and usage the Product only one time by the stated End User Name only and only for the specified usage, media type, publication conditions, image specification, usage period, and usage area, etc.

IMAGEMORE grants You a limited, non-exclusive right to use the Rights Managed Content licensed hereunder to create and exploit the End User solely as specified in the Invoice and/or Product Certificate, and expressly as limited in the Specific Usage terms and conditions to the usage, medium, usage period, print run, placement, size of Rights Managed Content, territory and any other restrictions.

n           License Restrictions

1.     You may not sub-license, sell, re-sell, distribute, give away, lend, rent, lease or provide to others any portion of the Products.

2.     You may not copy or reproduce any part of the Products.  You may not use the Products to compete with IMAGEMORE. IMAGEMORE is in the business of selling or licensing Products to its customers. It is the specific intent of this provision to prohibit you from using the Products to enter, either directly or indirectly, a similar or competing business.

3.     You may not reverse engineer, decompile, translate, or disassemble any part of the Products.

4.     Without specific license from IMAGEMORE, you may not place any part of the Product in website, digital (software or hardware), or other media environment for the purpose to sell, lease, design, download, sub-license, deliver or in any way that would allow a third party to download, extract or access the Products as a standalone file, e.g. as screen saver, background design for playing songs, printing lay-out…etc.

5.     You may not use any of the Products in a pornographic, libelous, obscene, defamatory, or otherwise unlawful material. If any Products featuring a model or property which is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service (for example, any Products is used in a testimonial advertisement), or if the depiction of the model in the Products is used in connection with a subject that would be unflattering or unduly controversial to a reasonable person, You must accompany each of such usage with a statement that indicates that a) The person is a model; and b) the Product is being used for illustrative purposes only.

6.     You may not use the Products to perform any act that may infringe or damage the Internet orders. You may not incorporate the Product into a logo, trademark or service mark.

7.     You may not post the Products on any electronic bulletin board, place the Products on-line in a downloadable or FTP format, or use the Products on a Website at a resolution greater than 640 X 480 pixels at 72 dpi.

8.     You may not use any Products in commercial merchandise or template applications where the Products make up a significant part of the resale value of merchandise(s), e.g. mug, post card, calendar, photo album, notebook, posters, clothing, cloth, stationery, bags, mobile phone screen, whether on-line or not, including but without limitation, website templates, Flash templates, business card templates, electronic greeting card templates.  For such usages must acquire IMAGEMORE’s prior written extended onetime License.

9.     You may not crop any logos or trademarks or shop’s name… from Products without prior authorization from the depositary of the property.

 

n           Warranties and Limitation of Liability

1.     Your sole and exclusive remedy for a warranty is the replacement of the same purchased Products before its usage, due to the defects of the production only. The request for warranty could only be made within seven days after the purchase of the product.

2.     IMAGEMORE makes no other warranty.  Neither "IMAGEMORE", nor its licensors will be liable to you or any other person or entity for any general, special, consequential, incidental, direct, indirect or other damages arising out of this license of the Products including any lost profits or any claim of a third party. All such Products are provided "as is" without warranty of any kind.  IMAGEMORE ‘s maximum liability arising from this Agreement, shall to the extent permitted, be limited to the monetary amount actually received by IMAGEMORE for the Products.

3.     IMAGEMORE grants no rights or warranties, makes no representations with respect to the usage of names, people, trademarks, trade dress, patterns, proprietary rights, logo types, privacy, ownership, rights of publicity, Moral rights, trade secret, copyrighted designs or works of art or architecture depicted in any Products, you have to satisfy yourself all necessary rights, consents, or permissions as may be required are acquired.  Please note that your purchase price has not contained the foregoing usage rights.

4.     IMAGEMORE has exercised utmost care in the accuracy of the keyword and the explanatory information (geographic name and plant, etc) included in connection with the image data. You acknowledge, however, Imagemore cannot guarantee the accuracy of the foregoing metadata, including but not limited to keywords and captions, with any Products. IMAGEMORE can not be held responsible for any damages caused by the using of the metadata. Please confirm the accuracy of the keyword and any explanatory information before you use the Product.

5.     You understand that the size and the expected effects of the Product might be adjusted slightly due to different application software or images sources. You should confirm all format information (RGB or CMYK, TIFF or AI/EPS) of the Product before relying on it. IMAGEMORE shall not be held responsible for any failure, or for any damage or loss of any kind which could arise as a result of the neglect to confirm the aforesaid.

6.     IMAGEMORE reserves the right to change any of the terms of this Agreement at any time, and you agree to be bound by such changes. The terms of this Agreement which be declared on official website (www.IMAGEMORE.com) shall supersede and replace any other terms of usage which may be included in any prepackaged Products delivered to you or any previous discussions or correspondence by IMAGEMORE.

7.     If any part of this Agreement is found void and unenforceable, it will not affect the validity of the remaining terms of the Agreement, which shall remain valid and enforceable according to its terms. 

n           General

1.     All rights to the Products are owned by IMAGEMORE and/or its image partners and are protected by copyright laws, international treaty provisions and other applicable laws. IMAGEMORE and its image partners retain all rights not expressly granted by this Agreement.

2.     Upon you failing to comply with any provision of this Agreement, you must immediately stop using the Products and either destroy any digital Products or return the Products and all copies to IMAGEMORE Images.

3.     Any usage of Products not specifically granted by this Agreement or breach any terms of this Agree terms constitutes copyright infringement, entitling IMAGEMORE to exercise all rights and remedies available to it under applicable copyright and other laws all over the world.  And you agree to pay ten (10) times license fee for the unauthorized usage, in addition to any other costs and expenses, including without limitation legal fees, damages, settlements, damages and penalties.

4.     If any Products are subject to a threatened, potential or actual claim of infringement of another's right for which IMAGEMORE may be liable, IMAGEMORE reserves the right to withdraw any Products from time to time, upon the post-up shown on www.imagemore.com, and You must immediately and at your own expense (a) stop using the Products; (b) delete or remove the Products from your premises, computer systems and storage (electronic or physical). 

5.     You agree to pay all Products fees, and no rights are granted under this Agreement until all payments are made in full.  You shall be liable for all overdue amounts, interest and costs of collection, including attorneys’ fees.

6.     This Agreement shall terminate automatically without any further notice from IMAGEMORE if you breach any of this Agreement.

7.     IMAGEMORE and/or its image partners reserves the right to deny or revoke the license to use the Products for good cause (including but not limited to images found aversion or dispute evoking, or any improper, vicious competition or defamation possibly applied) and elect to replace such Products with alternative Products.

8.     You agree to indemnify and hold IMAGEMORE harmless against any damages or liability of any kind arising from any usage of Products.

Customer service or if you would like to use the Products in a manner not permitted under this Agreement (for example, retail photo products license…etc.) or if you are unsure of your usage rights under this Agreement, please contact IMAGEMORE, by E-mail at sales@imagemore.com or by phone at 886-2-8912-6389.

This End User License Agreement doesn’t apply to Hong Kong, China and Taiwan area.

 

This Agreement shall be governed by the laws of Taiwan.  In case of any problems, the court of Taipei, Taiwan, will have exclusive jurisdiction.