THIS IS A LEGAL AGREEMENT BETWEEN YOU (THE “LICENSEE”) AND HISTORY OF AVIATION (THE “LICENSOR”). THE LICENSEE'S USE OF THE IMAGES, THUMBNAILS, FONTS, CLIP ART ITEMS, VIDEO CLIPS, AUDIO CLIPS, MARKS DATA, AND ALL OTHER CONTENT ON THIS WEB SITE (THE “LOW-RESOLUTION MATERIAL”) AS DEFINED BELOW CONSTITUTE YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT.
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 AND TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER.
ALL CONTRACTUAL RELATIONSHIPS BETWEEN HISTORY OF AVIATION AND YOU ARE SUBJECT EXCLUSIVELY TO THIS LICENSE AGREEMENT AND NO TERMS OR CONDITIONS MAY BE ADDED OR DELETED UNLESS MADE IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF BOTH PARTIES.
IF ONE OR MORE OF THE PROVISIONS CONTAINED IN THIS AGREEMENT IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE IN ANY RESPECT, THE VALIDITY, LEGALITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS SHALL NOT BE AFFECTED. SUCH PROVISIONS SHALL BE REFORMED ONLY TO THE EXTENT TO MAKE IT ENFORCEABLE.
THERE ARE LOW-RESOLUTION MATERIALS ISSUED ON THIS WEB SITE INCLUDING BUT NOT LIMITED TO PREVIEW IMAGES, THUMBNAILS, FONTS, CLIP ART ITEMS, ANIMATION CLIPS OR AUDIO CLIPS, (COLLECTIVELY NAMED "LOW-RESOLUTION MATERIALS") AVAILABLE TO ASSIST WITH CUSTOMERS' OR THIRD PARTY'S PURCHASE DECISIONS.
THE LICENSOR GRANTS TO THE LICENSEE, A NON-EXCLUSIVE, NON-TRANSFERABLE, NON-SUBLICENSABLE, RIGHT TO USE ANY LOW-RESOLUTION MATERIAL OBTAINED FROM THE LICENSOR ON YOUR PERSONAL OR BUSINESS COMPUTER.
THE LOW-RESOLUTION MATERIAL MAY NOT BE SHARED BY CREATING A DISC LIBRARY, STORAGE JUKEBOX, NETWORK CONFIGURATION OR SIMILAR ARRANGEMENT AND YOU MAY NOT CREATE A NETWORK OF SERVERS, EITHER WITH OR WITHOUT A CENTRAL LOCATION, WHICH ENABLES OTHERS TO SHARE THE LOW-RESOLUTION MATERIALS.
HISTORY OF AVIATION IS NOT OBLIGED TO OFFER ANY CREDIT FOR ITEMS WHICH ARE RETURNED IN DAMAGED CONDITION. WE RECOMMEND OUR CUSTOMERS TO USE AN INSURED CARRIER SUCH AS UNITED PARCEL SERVICE OR FEDERAL EXPRESS FOR RETURN-SHIPPING. HISTORY OF AVIATION CANNOT ACCEPT RESPONSIBILITY FOR UNSOLICITED RETURNS. THE CUSTOMER HAS TO CONTACT HISTORY OF AVIATION IN WRITING BEFORE SENDING BACK ANY ITEMS WITHIN 5 DAYS OF RECEIVING THE PACKAGE.
ONE COPY OF THE LOW-RESOLUTION MATERIALS MAY BE MADE FOR BACKUP PURPOSES ONLY, BUT MAY BE USED ONLY IF THE ORIGINAL LOW-RESOLUTION MATERIAL BECOMES DEFECTIVE, OR IS DESTROYED OR OTHERWISE IRRETRIEVABLY LOST. EXCEPT AS SPECIFICALLY PROVIDED IN THIS LICENSE AGREEMENT, NO LOW-RESOLUTION MATERIAL MAY BE SHARED OR COPIED AS OTHERWISE ISSUED IN THIS LICENSE AGREEMENT.
THE LOW-RESOLUTION MATERIALS MAY BE USED FOR PERSONAL, NON-COMMERCIAL USE AND FOR TEST OR SAMPLE USE ONLY. THE LOW-RESOLUTION MATERIALS MAY NOT BE USED IN ANY FINAL MATERIALS, COMPOSITIONS AND LAYOUTS DISTRIBUTED INSIDE YOUR COMPANY OR ANY MATERIALS DISTRIBUTED OUTSIDE YOUR COMPANY OR TO THE PUBLIC, INCLUDING BUT NOT LIMITED TO, ADVERTISING, MARKETING OR PROMOTIONAL MATERIALS OR ANY ONLINE, BROADCASTING OR OTHER ELECTRONIC DISTRIBUTION SYSTEM. EXEMPT FROM THE LATTER ARE: (A) YOU MAY TRANSMIT LOW-RESOLUTION MATERIALS DIGITALLY OR ELECTRONICALLY TO YOUR CLIENTS FOR THEIR REVIEW (B) ANY LOW-RESOLUTION MATERIALS MAY BE TRANSMITTED WITHOUT ANY MODIFICATIONS TO CLIENTS OR SUBCONTRACTORS OF LICENSEE; AND MAY NOT BE DISTRIBUTED, SUBLICENSED OR MADE AVAILABLE FOR USE OR DISTRIBUTION SEPARATELY OR INDIVIDUALLY AND NO RIGHTS MAY BE GRANTED TO THE LOW-RESOLUTION MATERIALS.
THE LICENSOR EXPRESSLY PROHIBITS THE SALE, SUBLICENSE, TRANSFER, CREATION OF DERIVATIVE WORKS, MODIFICATION, PUBLIC DISPLAY, PUBLIC PERFORMANCE, PUBLICATION OR ANY COMMERCIAL, EDUCATIONAL OR PROMOTIONAL EXPLOITATION OF ANY LOW-RESOLUTION MATERIAL ON THIS WEB SITE WITHOUT PRIOR WRITTEN PERMISSION OF LICENSOR EXCEPT FOR ANY RESTRICTION OR LIMITATION AS RECITED IN THIS LICENSE AGREEMENT.
THE LICENSE CONTAINED IN THIS AGREEMENT WILL TERMINATE AUTOMATICALLY WITHOUT NOTICE FROM THE LICENSOR IF THE LICENSEE FAILS TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT. UPON TERMINATION, THE LICENSEE MUST IMMEDIATELY (A) STOP USING THE LOW-RESOLUTION MATERIAL, (B) DESTROY OR, UPON THE REQUEST OF THE LICENSOR, RETURN THE LOW-RESOLUTION MATERIAL TO THE LICENSOR (IN THE CASE OF ANALOGUE MATERIALS), AND (C) DELETE OR REMOVE THE LOW-RESOLUTION MATERIAL FROM THE LICENSEE'S PREMISES, COMPUTER SYSTEMS AND STORAGE (ELECTRONIC OR PHYSICAL).
THE LICENSOR WARRANTS THE LOW-RESOLUTION MATERIAL TO BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR 30 DAYS FROM DELIVERY VIA ONLINE DOWNLOAD. THE SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF THE FOREGOING WARRANTY IS THE REPLACEMENT OF THE LOW-RESOLUTION MATERIALS AT THE SOLE DISCRETION OF THE LICENSOR'S OPTION.
THE LICENSOR MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE LICENSOR NOR THEIR LICENSORS 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 LICENSE OR OTHERWISE.
ALL RIGHTS TO THE LOW-RESOLUTION AND TEXT MATERIALS ARE OWNED BY THE LICENSOR AND/OR THEIR LICENSORS AND ARE PROTECTED BY THE PROVISIONS OF INTERNATIONAL AGREEMENTS AND OTHER APPLICABLE LAWS. THE LICENSOR AND ITS LICENSORS RETAIN ALL RIGHTS NOT EXPRESSLY GRANTED BY THIS AGREEMENT.
