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This is a legal agreement between you (hereafter "Licensee") and Heartfall Productions (hereafter "Licensor"). Read this agreement in its entirety before using or altering any image included on this CD. By utilizing any image and/or screen saver from this disc, you agree to be bound by the terms of this License Agreement, and by our Terms and Conditions of Use. Your acceptance of these terms, conditions, and provisions are an absolute condition of your use of our images. If you do not agree, do not use any image published by Licensor. These images are Copyright protected. Official Websites Heartfall Productions www.heartfall.com Wildlife Spirits www.wildlifespirits.com wildlifespirits@heartfall.com Grant of License Licensor grants to you, the Licensee, a nonexclusive, nonsublicensable, nontransferable right to use any of Licensor(s)' Digital Wildlife Images, and any derivative and copies thereof on your personal computer. Acceptable Use The Digital Wildlife Images & Screen Savers may be used in materials for personal, non-commercial use and test or sample use, including computer displays, personal use postcards & personal use greeting cards, wall hanging presentations, place mat purposes, and all other "Personal", non commercial, not for profit, uses. Usage Limitations The Digital Wildlife Images & Screen Savers, or any portion thereof, may not be used in any final materials distributed inside of any company or any materials distributed outside of any company, or to the public, including, but not limited to, advertising and marketing materials or any on-line, broadcast or other electronic distribution system, web pages, marketing or promotional materials, multimedia projects, video, graphic design projects, and general creative works other than those that you may design for yourself, other than for personal greeting cards, personal postcards and the such. No Images or derivatives thereof may be distributed on the web, sublicensed or made available for use or distribution separately or individually, and no rights may be granted to the altered Image(s) or any portion thereof. You may not duplicate or redistribute the cd-rom obtained from Wildlife Spirits. You may alter the Image in any way you wish for personal use. You may not use any part of the image, or disc, for shared by creating a disc library, Digital Media storage facility, 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 Image(s), Software or discs. The Image(s) is/are not licensed for use on a corporate intranet or Internet and may be used on only one personal computer at a time. You may not utilize the Image(s), Software or disc in any manner that is not expressly permitted in this license agreement. All rights not specifically granted above are retained by Licensor(s). Except as specifically provided in this license agreement, no Wildlife Spirits, Heartfall Productions, Images, Media, Software or disc may be shared or copied. No warranties whatsoever apply to the Images, Discs or Software. All Images, Discs and Software are available on an "as is" basis, without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. The provisions of the Unauthorized Use, Limitation of Liability, Intellectual Property Rights, Indemnification, and General sections of the Digital Image License Agreement and Terms of Use as outlined below, also apply to the Image License. Digital Image Product License When you purchase or download any Wildlife Spirits Image Product from Wildlife Spirits and/or Heartfall Productions, it will be subject to the following industry standard license, as well as our Terms and Conditions of Use. This is a legal agreement between you (hereafter "Licensee") and Heartfall Productions (hereafter "Licensor"). Read this agreement in its entirety before you download or use any image and/or software. By utilizing any image and/or software from the provided disc, you agree to be bound by the terms of this Agreement, and by our Terms and Conditions of Use. Your acceptance of these terms, conditions, and provisions are an absolute condition of your use of our images. If you do not agree, do not use or copy any image or digital content published by Licensor. These images are Copyright protected. All Copyrights remain the intellectual property of Heartfall Productions. Grant of License Licensor grants to you, the Licensee, a nonexclusive, nonsublicensable, nontransferable right to use any Digital Wildlife Image Product or software obtained from Licensor(s) via Internet download or provided by licensor on a disc, and any derivatives and copies thereof (collectively, the "Digital Media") to use the licensed Digital Wildlife Image Products subject to the Acceptable Use, Usage Limitations, and Unauthorized Usage as described hereunder for personal and not for profit educational uses(s). Commercial Licensing is available. Please contact Heartfall Productions at www.heartfall.com to inquire about commercial fees and licensing availability. Acceptable Use(s) The Digital Image Product may be used on a worldwide and perpetual basis as a part of: · Personal Educational Report Materials · Personal Greeting Cards · Personal Art Projects · Teaching Materials (non-commercial) · Personal or Not for Profit Educational Slide Show Exhibits · Materials for personal, non-commercial use - Personal or Educational Web Page use in which Images are reduced to less 73 DPI with print sizes less than 2 inches by 2 inches, and not suitable for quality prints. Not permitted are photo galleries, photo libraries, or content redistribution. One copy of the Digital Wildlife Image Media and/or Software may be made for backup purposes only, but may be used only if the original Digital Media or Software becomes defective through no fault of your own, is destroyed or otherwise irretrievably lost. The Digital Wildlife Image(s), Software or disc may not be shared by creating any disc library, Digital Media storage facility, network configuration or similar arrangement whatsoever. Usage Not Authorized Without Express Consent of Wildlife Spirits or Heartfall Productions Are: Any printed or imprinted product for resale, such as; · Calendars for resale · Posters for resale · Postcards for resale · Clothing items for resale · Multimedia games/educational software for resale · CD and album covers for resale · Stationary for resale · Greeting Cards for resale If you have an interest in using our images for any of the above-mentioned uses, or other commercial uses, please contact us regarding a different type of license. Our current contact information can always be located at www.heartfall.com You may not utilize the Digital Wildlife Image Media, Software or disc in any manner that is not expressly permitted in this license agreement. Except as specifically provided in this agreement 1) No Digital Wildlife Image Media, Software or disc may be shared or copied; and 2) you may not create a network of servers, either with or without a central location, which enables others to share the Digital Media, Software or discs. All rights not specifically granted above are retained by Licensor(s). Use of the Digital Wildlife Image Media, or any part thereof, as a trademark or service mark is not permitted. Heartfall Productions retains full rights to the Digital Wildlife Image Media, therefore you cannot establish your own rights over a licensed Digital Image Product, or any part of it. You may not use the image in any way that could be considered defamatory, libelous, pornographic, obscene, immoral, or fraudulent, or criminal, or use the image in any way that is otherwise unlawful. No Digital Wildlife Image Media may be sublicensed, resold, distributed, or otherwise made available for use or distribution separately or detached from a product or web page. For example, you may use portions of our licensed Digital Wildlife Image Media as a part of a web page design, but you may not make it available for downloading separately or in a format designed for permanent storage or re-use by website users. Licensee may not use the Digital Wildlife Image Media to enter into, either directly or indirectly, a competing business. You may not reverse engineer, decompile, or disassemble any part of the Digital Wildlife Image Media, software or cd-rom. Unauthorized Use Without limiting Heartfall Productions rights or remedies with respect to our Digital Wildlife Image Media, unauthorized use of a licensed Digital Image Product or a Screen Saver Image may constitute copyright infringement, entitling Heartfall Productions to exercise all rights and remedies under United States Copyright Laws or other copyright laws, including but not limited to, an injunction preventing further use, and any and all monetary damages and other relief as deemed appropriate by a court of competent jurisdiction. Limited Warranty Heartfall Productions warrants that for a period of thirty (30) days from the date of delivery to you, as evidenced by your receipt, the Digital Image Product, under normal use, will be free from defects in materials and workmanship. Heartfall Productions' entire liability and your exclusive remedy, under this warranty, will be at Heartfall Productions' option, to replace the Digital Image Product or cd-rom, or to refund the purchase price and terminate this Agreement. Disclaimer Neither Heartfall Productions, nor its officers, employees, agents, representatives or suppliers, represent or warrant the reliability, timeliness or completeness of the Digital Wildlife Image Media or that the same is non-infringing of copyright or other rights, or that its use will be uninterrupted or error free, will meet licensee's requirements, or will operate with the combination of hardware and software selected by licensee. Any use of the Digital Media shall be at licensee's sole risk. The licensee assumes all costs for any necessary servicing, repair or correction. The Digital Wildlife Image Media CDs are provided on an "as is" basis without warranties of any kind, either empress or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, with the sole exception of the Limited Warranty described in the paragraph above. Limitation of Liability Under no circumstances whatsoever will Heartfall Productions be liable to you for any damages, including lost profits, lost savings, or other incidental, special or consequential damages arising out of, or relating to any Digital Image Product or Image, the use or inability to use either of these Digital Media, whether based in warranty, tort, contract, failure of essential purpose, or otherwise, whether or not Heartfall Productions has been advised of the possibility of such damages, or for any claim by any other party. In no event shall Heartfall Productions' liability hereunder exceed the license fees paid by the Licensee hereunder. Warning Never place a CD-ROM into any drive if there is moisture present on surface. Any liquid or moisture on the surface of the CD-ROM when placed into a drive can result in physical and/or mechanical damage of the device. Intellectual Property Rights Heartfall Productions retains all right, title and interest, including copyrights and other intellectual property rights, in and to all Digital Wildlife Image Media on this CD-ROM, and website, including free Images, thumbnail images, and Digital Wildlife Image Products. Indemnification Licensee agrees to defend, indemnify and hold harmless Heartfall Productions and its officers, employees, agents, representatives, or suppliers, from and against all claims and expenses (including reasonable attorney's fees and expenses) arising out of any unauthorized use by you of any Digital Image Product, Digital Image, Software, CD, or other Heartfall Productions provided Digital Media, or any third party to whom Licensee has provided copies of, or access to, any Heartfall Productions Digital Media, or any breach by Licensee of the terms of this Agreement. General If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement will automatically terminate upon failure by the Licensee to comply with any of its terms. If this happens, you hereby agree to destroy all copies and archives of the Digital Image Product, software, CD, or other Heartfall Productions provided Digital Media, to cease using the images for any purpose, and to confirm to Heartfall Productions in writing that you have complied with these requirements. This Agreement will be governed by the Laws of the State of Colorado, without regard to its conflict of laws rules. In any dispute arising out of this Agreement, Licensee consents to the exclusive jurisdiction of the Sate of Colorado and venue in the state and Federal courts within Larimer County. Notwithstanding the foregoing, Heartfall Productions reserves the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive relief in the event that, in the opinion of Licensor, such action is necessary or desirable. Licensee agrees that neither the Digital Image Product, nor any Digital Media provided by Heartfall Productions will be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations. The United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded, will not govern this Agreement. The Digital Media, when provided to or for, or used on behalf of, the United States of America, its agencies and/or instrumentalities (the "U.S. Government") are provided with "Restricted Rights". Use, duplication and disclosure by the U.S. Government is subject to restrictions as set forth under the United States copyright laws and this agreement, and as otherwise provided for by law, as applicable. Licensee may not assign or transfer this Agreement or any rights granted hereunder without the prior written consent of Heartfall Productions. This Agreement shall be binding on and inure to the benefit of the parties hereto, their successors and permitted assigns. Heartfall Productions reserves the right to discontinue the license of the Digital Media for any reason, and to elect to replace the Image(s) with an alternative. Upon notice of any discontinuance of a License, you and your employer, and your client, if applicable, agree not to further use the discontinued Digital Media. Licensee represents to Heartfall Productions that Licensee has the full right and authority to enter into this Agreement. This Agreement, and the Terms and Conditions of Use on this web site, constitute the complete and exclusive Agreement between Heartfall Productions and Licensee with respect to the subject matter hereof and supersedes all prior discussions, understandings and agreements with respect to the subject matter hereof. Please note, we retain the sole copyright to all photography and screen savers on this CD. Any use, under any conditions not specifically allowed for in our License Agreement, and in our Terms and Conditions of Use, is a violation of Federal Copyright Law. We hope that you enjoy these photographs for your personal and educational uses. Return to Baby Elk's First Day Page All images &
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