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Image Botanica Royalty-Free End-User License Agreement

The following is a legal agreement between you the buyer/end user and Image Botanica LLC. Please read this Agreement carefully before purchasing and using any Royalty Free Image ("Image" also means Picture or Photo) from Image Botanica. By purchasing and using an Image or otherwise exercising the rights granted under this agreement you agree to be bound by this Agreement. If you do not wish to accept the terms of this agreement you may decline and forgo any such purchase of an image.

Download and/or payment for the image files indicates acknowledgement that you have read this license and agree to its terms. The terms of this License Agreement extend to all images that appear on or sent from www.imagebotanica.com including those that are given away freely as samples or as part of a promotion.

General

This license Agreement is governed by the laws of Michigan. All photographs, are the property of Image Botanica LLC and/or its licensing partners, and are protected by international treaty and copyright law. You do not own the image. Image Botanica LLC has the ability to change these agreements at any time and you are bound legally by these changes.

Your right to use an image is subject to the restrictions set forth in this agreement, conditioned upon the payment of the purchase price for the image and your compliance with the terms of the 'end-user' License Agreement.

Image Botanica LLC and its licensing partner's grants you a single-user, non-exclusive, non-transferable license to use the image files under the following terms and conditions.

Terms and Conditions

	The content may be distributed within the same company within a network or similar asset management system to no more than 10 named individuals within the same company or similar legal entity.
	You may not share, rent, lease, license or sublicense, loan, transfer, resell, redistribute or grant any right to use the image files. Nothing you produce shall grant or purport to grant to any third party a right to use or duplicate an image except as specifically provided for elsewhere in this agreement.
	You agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the images.
	You may not claim ownership or copyright on any works derived from, or incorporating elements from the original image files.
	You cannot reproduce an image of electronic photos for fine art purposes
	Images taken from this website may not have any of their watermarking or copyright markings removed.
	Images taken from this website may not be used for, or in conjunction with projects that could be seen to be of a libelous, defamatory, pornographic or harmful nature.

Royalty Free Delivery and Definition. Royalty free does not mean the images are free. This Royalty Free License grants you the non-exclusive use of the image(s) you've selected to be used in any number of projects (as defined in printed and electronic use) for just a ONE-TIME FEE. Electronic images are digitized form of works that can be encoded, stored, from such media as a CD-Rom and a computer. These images are either downloaded or sent on a custom CD/DVD-rom within 7-10 working days or sooner if arrangements can be made.

Grant of Rights. Image Botanica LLC grants you a non-exclusive; non-transferable right to use and reproduce purchased photography. Your right to use an image is subject to the restrictions set forth in this agreement, conditioned upon the payment of the purchase price for the image and your compliance with the terms of the 'end-user' License Agreement. You do not own the image. All rights are owned by Image Botanic LLC and its licensing partners.

Reservation of Rights. All rights not expressly granted hereunder are reserved to Image Botanica LLC and its licensing partners. Using the content in a way not covered by this agreement or that is specifically prohibited, without prior written consent from Image Botanica LLC is a violation of Federal copyright law. This license is in force until it is terminated. If you do not comply with the terms and conditions above, this license automatically terminates. At termination, the product must returned to Image Botanica LLC immediately.

Using the content in a way not covered by this Agreement or that is specifically prohibited, without prior written consent from Image Botanica LLC is a violation of Federal copyright law. This license is in force until it is terminated. It you do not comply with the terms and conditions above, this license automatically terminates. At termination, the product must be returned to Image Botanica LLC.

Fee. Client agrees to pay by major credit card. Once payment has been authorized, we will then process your image request.

Printed Use. Any printed tangible use, such as brochures, posters, magazines, newspapers, horticultural labels, bench cards, note cards, calendars, magazines and catalogs.

Electronic Use. You may use electronic or digital material including screensavers, electronic greeting cards, web sites and multimedia provided that the image resolution is no greater than 800 by 640 pixels at 72 dpi. You may not post the content on any electronic bulletin board, or make available on-line in a downloadable format. Images files may be distributed within the same company within a network or similar asset management system to no more than 10 named individuals within the company or similar legal entity.

Additional Usage. If a client wishes to make additional uses of the Work, Client agrees to seek permission from the Image Botanica LLC.

Alteration. Client shall not make or permit any alterations, whether by adding or removing material from the Work, without written consent from Image Botanica LLC.

Loss, Theft, or Damage. The ownership of the Work shall remain with Image Botanica LLC and its licensing partners. Image Botanica LLC is not responsible for loss, theft, or damage once the Work has been delivered.

Samples. Any sample photographs are subject to the same provisions of this agreement.

Copyright. All the content is copyright Image Botanica LLC or its licensors and is protected by the United States copyright laws, international treaty provisions and other applicable laws. No title or intellectual property right is transferred to you. Image Botanica LLC retains all rights not expressly granted by this license agreement.

Copyright notice of Image Botanica shall accompany work when it is produced.

Limited Warranty. Image Botanica LLC warrants that for a period of 10 days, the CD/DVD will, when properly used be capable of performing substantially in accordance with the associated documentation. Image Botanica LLC only responsibility and liability under this warranty as your sole and exclusive remedy. Image Botanica LLC shall replace the defective portion of the CD/or DVD upon its return with accompanying materials. The foregoing warranty is in lieu of and Image Botanica LLC hereby disclaims all other warranties, express, implied or arising by law, with regard to the CD/DVD and the images.

You agree to indemnify and hold Image Botanica LLC harmless against any damages of liability of any kind arising from any use of the image other than the uses specifically permitted by this agreement.

Niether Image Botanica LLC or any of its directors, partners, licensors, agents, shall be liable for any indirect, consequential, punitive, or incidental damages arising out of or relating to you use of the CD or images or inability to use the CD or the images exceed the fees paid by you for the CD.

Miscellany. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties, except that the Client may authorize expenses or revisions orally. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. This Agreement shall be governed by the laws of the State of Michigan.