McOnegal Botanical Plant Library Images on CD-ROM

 

LICENSING AGREEMENT

 

THIS IS A LEGAL AGREEMENT (LICENSE) BETWEEN YOU (THE LICENSEE) AND MESSRS MCONEGAL BOTANICAL (THE LICENSOR). BY OPENING THIS PACKAGE THE LICENSEE AGREES TO BE BOUND BY THE TERMS OF THIS LICENSE AS EXPRESSED IN THE GRANT OF LICENSE. IF YOU DO NOT AGREE, OR THE TERMS ARE NOT APPROPRIATE FOR YOUR PURPOSE, PROMPTLY RETURN THE CD AND CONTAINER IN THE ORIGINAL PACKAGING FOR A FULL REFUND OF THE PURCHASE PRICE OF THIS LICENSE.

 

GRANT OF LICENSE

 

Messrs McOnegal Botanical, grants the licensee a personal, direct, nontransferable, nonexclusive, nonsublicensable right to use the "McOnegal Botanical Plant Library images on this disk (THE IMAGES) and any derived work, copies, prints, transparencies and digital files in any format, (collectively, the "McOnegal Botanical Plant Library Images") on one computer and with one user at a time, subject to the following terms:

 

The licensee is permitted to use the images:

 

(i) in materials and work owned and controlled by the licensee including personal, company, corporate, reference, educational, test and sample works such as rough or draft layouts for client inspection, presentation, composition, demonstration and any other work or service on behalf of a client or prospective client;

(ii) in ANY advertisement or promotional work;

(iii) in ANY electronic or electro-mechanical distribution system; 

(iv) in ANY manufactured products BUT NOT,

printed books, postcards, calendars, stationery, or packaging for music CDs, albums, cassette tapes, software, or any other for-sale item where any of the images form an intrinsic part of the product. (Extended Commercial Licenses are available for such purposes - See below).

 

LIMITATIONS

 

The images on the CD remain the property of Messrs McOnegal Botanical and all rights to the images are reserved unless expressly stated in this license agreement.

The McOnegal Botanical Plant Library Images may not be detatched from your product or web page. The licensee may use the images as an integral part of a ANY web page design, but may not make the images available for distribution separately or in formats designed or intended for permanent storage or re-use by web site users.

The licensee may provide clients with copies of the McOnegal Botanical Plant Library Images, including digital files, as an integral part of a work product, but may not permit clients to use or distribute the McOnegal Botanical Plant Library Images separately.

If a client wishes to use an image separately, either the licensee, on behalf of the client, or the client, must license that image for the client's use.

Except as specifically provided above, you may not copy this disk.

Pornographic, defamatory, libelous or otherwise unlawful use of the images is prohibited.

 

EXTENDED COMMERCIAL LICENSES

 

If you are unsure of your rights under this agreement or would like to use an image in a printed book, or in music CD, album, cassette tape or software packaging, or in any other for-sale product, please contact Messrs McOnegal Botanical or their agents at the address stated at the end  of this document.

 

WARRANTIES

 

Messrs McOnegal Botanical, warrants this disk to be free from defects in material and workmanship for 90 days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of the disk or refund of the purchase price, at Messrs McOnegal Botanical's option and subject to the return of the defective disk.

 

LIMITATION OF LIABILITIES

 

IN NO EVENT WILL MESSRS MCONEGAL BOTANICAL OR ITS AFFILIATES, SUPPLIERS AND  LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC COVER OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE, USER DOCUMENTATION OR RELATED TECHNICAL SUPPORT, INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO THE LOSS OF PROFITS, BUSINESS GOODWILL, DATA, OR COMPUTER PROGRAMMES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT  WILL MESSRS MCONEGAL BOTANICAL AND ITS AFFILIATES, SUPPLIERS AND LICENSORS LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Every effort has been made to ensure accurate identification of the plants indexed on the CD. However, neither the licensor nor its agents can guarantee the true identity, exact botanical taxonomy or precise nomenclature of any plant featured.

 

GENERAL

 

All images on this disk remain the property of MESSRS MCONEGAL BOTANICAL and are protected by United Kingdom copyright laws, international treaty provisions and other applicable laws. Messrs McOnegal Botanical retain all rights not expressly granted by this license.

This disk is licensed only to the person named in the accompanying sales receipt or invoice, and may not be transferred without the prior written consent of Messrs McOnegal Botanical. The license contained in this agreement will terminate automatically without notice from Messrs McOnegal Botanical if you fail to comply with any provision of this agreement.

 

Upon termination, you must immediately:

(i) stop using the disk and the images;

(ii) return the disk and all copies of it to Messrs McOnegal Botanical;

(iii) delete the images and all copies from all magnetic media and destroy all other copies of the images, or upon request of Messrs McOnegal Botanical, return all such copies to Messrs McOnegal Botanical.

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