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ROYALTY-FREE END USER LICENSE AGREEMENT (EULA)


Licensing Images on a royalty free basis or broad rights basis still requires license terms, as the use is not unrestricted and the photos are not free of charge. Royalty free is generally understood as the licensing of an image without need to account for the number of uses and the period of use is unlimited, provided that all uses are considered permitted. Royalty free images are either sold as a collection in the form of a CD-ROM, or downloaded as a single image sale over the image library's web site.

PLEASE READ the following Terms and Conditions in their entirety carefully prior to purchasing, downloading or using any images from Alaska Stock, whether from this website or sent to you from our office. Once an Alaskan Express royalty-free image is purchased, or the seal broken on an Alaskan Express royalty-free CD you are bound by these terms and conditions. This is a legal agreement between you, or your company, firm or other organization ("Licensee" or "You"), and Alaska Stock, LLC, ("Alaska Stock" or "Licensor"), for use of any Alaska Stock royalty-free image(s) from this web site, our CD or that are sent to you electronically from Alaska Stock. Your right to reproduce an image(s) is subject to the terms, conditions and restrictions set forth in this agreement as well as our general Terms of Use or use of this web site, and is conditioned upon your full payment of the license fee prior to your reproduction of the image(s). By clicking the "I accept" button or by downloading any image(s), you agree to be bound by the terms of this agreement. If you do not agree to be bound by all of the sections on this license agreement, do not purchase an image(s) from this site but instead click on the "cancel" button to decline this agreement and do not download any image(s). By using any ALASKA Stock Royalty-Free image(s) you consent to be bound by the terms of this EULA.

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.

When you pay for a royalty-free image(s) you do not own the image(s). We are not outright selling these image(s). You are purchasing a set of broad rights to use these image(s).

Royalty-Free images are NOT protected by ANY form of rights-protection. Anyone, including your competitors, may be using the same photo you are at the same time. If you require any form of rights-protection you should use Alaska Stock's Gold Collection of rights-protected images. With Alaska Stock's Gold Collection of rights-protected images you can be informed of any current or past use of the image. You can also secure exclusive rights using our rights-protected images.

1. License & Grant of Rights Subject to the terms of this license agreement, including payment in full, ALASKASTOCK grants Licensee a worldwide, non-transferable, non-exclusive right to reproduce, transmit and display, in whole or in part, the images purchased from ALASKASTOCK'S Royalty Free Image(s) (whether available as part of a CD-ROM collection of images or downloaded as a single–image) an unlimited number of times, in any and all media for the purposes described below. AlaskaStock represents that it has the right to grant the license herein. All other rights to the Image(s), CD-ROM and AlaskaStock materials, including without limitation, copyright and all other rights, are retained by ALASKASTOCK.

2. Permitted Uses
    a) Any print media, including advertising and promotional materials, editorial publications and consumer merchandise;
    b) Any Internet, intranet, Online or web-based media provided the resolution of the images does not exceed 72dpi and such use is not intended to allow re-distribution or re-use of the image(s);
    c) Broadcast and theatrical exhibitions;
    d) Products intended for resale; provided these products are not intended to allow the re-distribution or re-use of the Image(s);and
    e) Additional uses approved in writing by ALASKASTOCK

Licensee may alter, crop, modify or adapt the Images in connection with the above permitted uses. Licensee may make a back-up copy of the Image(s) for internal back-up purposes provided ALASKASTOCK'S copyright and any image identifying information is retained with the file. Limited, temporary transfers of the Images are permitted to third parties integral to the creation of the final product, provided such third parties agree to abide by the terms of this agreement.

3. Number of Users / Seat License
Licensee may use the Images on a server, image library or network configuration to be viewed by Licensee provided that no more than 10 persons (including part-time and freelance employees or agents) of Licensee can access the Images. This is NOT a simultaneous user agreement. Before permitting access to more than 10 persons, Licensee must purchase a separate seat license from ALASKASTOCK or its distributor for each additional individual user. Contact your sales representative at your distributor.

4. Restrictions on Use
Except as provide herein, Licensee may not
    a) sublicense, sell, assign, convey or transfer any of its rights under this Agreement
    b) sell, license or distribute its final product in such a way that permits Licensee's end users to extract or access the Images as a stand-alone file.
    c) Incorporate the Images into a logo, trademark or service mark.
    d) Distribute, post or upload the Image(s) online in a downloadable format.
    e) Use any Image in any way that could be considered defamatory, pornographic, libelous, immoral, obscene or fraudulent, or otherwise illegal manner whether directly or in context or juxtaposition with other materials.
    f) Reverse engineer, decompile, translate, or disassemble any part of the Image(s).
    g) Remove any copyright, trademark or watermark from any place where it appears on the Image(s).
    h) Display the Image(s) in any digital electronic format or for any digital use at a resolution greater than 72 dpi, except in editorial or preliminary design work. Doing so will be viewed as an attempt to distribute the Image(s) in violation of this Agreement under 4 (b & d) above.
    i) Establish your own rights for these images to third parties as AlaskaStock, its photographers or its licensors retain the full rights to the Image(s).
    j) Use of the Image(s) to compete with AlaskaStock. AlaskaStock is in the business of licensing images to its customers. It is the specific intent of this provision to prohibit you from using the Image(s) to enter, either directly or indirectly, a similar or competing business.
    k) Use the Image(s) in a product or service whereby the Image(s) can be used apart from a product or service.
    l) Use the Images(s) in any downloadable format intended for multiple distribution including, without limitation, Web site templates, software products, e-greetings, etc.
    m) Use Image(s) or part of the images for any use involving sensitive subject matters, as determined by AlaskaStock, including but not limited to the following: all sexual issues, sexually transmitted diseases, substance abuse, alcohol, tobacco, AIDS, cancer, obesity, mental ailments, Homosexual or alternative lifestyles, and physical or mental abuse, without advance written consent from AlaskaStock and any model in such Image(s). Sensitive subject use pertains to both commercial and editorial uses. Contact AlaskaStock for verification of model releases. Availability of model releases does not grant the right to use Image(s) in any sensitive subject matters.

5. Additional Terms including photo credits to be given
    a) AlaskaStock reserves the right to (i) revoke the use of any Image(s) for any reason whatsoever; and (ii) notify you that certain Image(s), though already purchased and in use by you are no longer available for use. Upon such notification, the license to use such Image(s) shall automatically and immediately terminate.
    b) AlaskaStock reserves the right to replace any Image(s) with an alternative Image for any reason. Upon notice of such replacement, the license for the replaced Image(s) immediately, and automatically, terminates for any use of the Image(s) that does not already exist, and this License Agreement shall automatically apply to any replacement Image(s). You agree not to use any replaced Image(s) with future uses, products or services and you shall take all reasonable steps to discontinue use of the replaced Image(s) in existing uses, products or services.
    c) All other rights not expressly granted in this agreement are reserved for AlaskaStock.
    d) The use of any Alaskan Express Collection image in editorial use requires the copyright notice "© [current year] "AlaskaStock Images" appear next to the Image(s) or on a credit page.

6. Sensitive Use Disclaimer & model endorsement
No images from this web site may be used in connection with any potentially sensitive issue including, but not limited to sex, sexual preference, pornography, diseases of any kind, drug or alcohol abuse, domestic violence, mental or physical abuse, substance abuse, alcohol, tobacco products, pregnancy, birth control, physical or mental challenges, homelessness, political campaigns, plastic or cosmetic surgery or possible defamation or disparagement of character or product, without obtaining prior written consent from Alaska Stock.

You may not use the Images in any manner that would be deemed offensive to the model. Offensive uses include but are not limited to the use of an Image that involves or implies illegal activities, adverse medical conditions or procedures, other adverse health or mental health issues, substance abuse, welfare or economic aid, dating agencies, sexual preference, abortion and adoption, political or religious affiliation, smoking or alcohol usage, feminine hygiene, incontinence or impotence, pornography, diseases of any kind, mental or physical abuse, alcohol or tobacco products, pregnancy, birth control, physical or mental challenges, homelessness, plastic or cosmetic surgery or possible defamation or disparagement of character or product.

If any Image featuring a model is used in (i) a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service; or (ii) in connection with a subject that would be unflattering or controversial to a reasonable person, Licensee must acAlaska Stock each such use with a conspicuous statement that indicates that the person so pictured is a model and the Image is used for illustrative purposes only.

You agree that you will not use the images for any unlawful purpose, or to defame any person, or to violate any person's right of privacy or publicity, or to infringe upon any trade name, trademark or service mark or any entity.

7.Releases
Images marked on the preview page: "This image is released" have a valid model and/or property release. However, no model releases or other releases exist on any Images unless the existence of such release is specified in writing by Alaska Stock. To avoid mistakes, always double check with us to be sure an image marked "released" is indeed released and ask us to obtain a free copy of that release. You shall indemnify Alaska Stock against all claims arising out of the use of any Images where the existence of such release has not been specified in writing by Alaska Stock. In any event, the limit of liability of Alaska Stock shall be the sum paid to it per the invoice for the use of the particular photograph involved. Alaska Stock does not purport to own the copyright to any historical images it provides and that the user is responsible for obtaining any necessary permissions.

Model releases are available on Image(s) containing models upon request. Names are removed to protect the privacy of the model. Other than model releases for recognizable persons, ALASKASTOCK grants no rights and makes no warranties with regard to the use of names, unrecognizable people, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Image, and Licensee must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained.

8. Indemnity
Licensee agrees to indemnify and hold ALASKASTOCK harmless against all claims arising out of or in connection with any breach of this Agreement.

9. Warranties
ALASKASTOCK WARRANTS THE IMAGES TO BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR 30 DAYS FROM DELIVERY. THE SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF THE FOREGOING WARRANTY IS THE REPLACEMENT OF THE IMAGE(S).

ALASKA STOCK MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE IMAGES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALASKA STOCK SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE IMAGES OR OTHERWISE, EVEN IF ALASKA STOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES.

ALASKA STOCK'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE IMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE IMAGE(S).

THE REPRESENTATIONS AND WARRANTIES MADE BY ALASKA STOCK IN THIS AGREEMENT APPLY ONLY TO THE IMAGE(S) AS DELIVERED BY ALASKA STOCK AND WILL BE INVALID IF THE IMAGE(S) IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT.

Licensee may have additional rights under state law.

10. Payment Terms
No rights to use the Image(s) are granted until the invoice relating to the Image(s) is paid in full. Claims for adjustment of terms must be made to ALASKASTOCK or its distributor within five (5) days of the receipt of the invoice.

11. Cancellation Policy for Royalty-Free Images:
All licenses are final; no refunds or credits will be allowed. The breaking of the CD-ROM seal or downloading of a single-image is considered to be the complete fulfillment of ALASKASTOCK'S obligations.

12. Copyright
All images on this web site are copyrighted and subject to the copyright law. Alaska Stock and its represented photographers, who shot the image(s), own all rights to the image(s). All rights not specifically granted to you are reserved. Any use beyond those specified is a violation of U.S. copyright law.

You agree to provide applicable copyright notice and/or protection of image(s) in your final product. You do not acquire any right, title or interest in or to any image(s) by the download of an image(s) or by the granting of the license to reproduce an image(s). No copyright material shall be removed from any digital file.

13. Termination
The license contained in this Agreement will terminate automatically without notice from ALASKASTOCK if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately (i) stop using the Image(s), (ii) destroy or, upon the request of ALASKASTOCK, return the Images to ALASKASTOCK, and (iii) delete or remove the Images from Licensee's premises, computer systems and storage (electronic or physical).

14. Revocation
Licensor reserves the right to revoke the license to use any Image(s) for good cause and elect to replace such Image with an alternative Image. Upon notice of any revocation of a license for any Image(s), Licensee shall immediately cease using such Image (s), shall take all reasonable steps to discontinue use of the replaced Image(s) in products that already exist and shall inform all end-users and clients of same.

15. Severability
If one or more of the provisions contained in the 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.

16. Choice of Law
This Agreement will be governed in all respects by the laws of the State of Alaska, United States without reference to its laws relating to conflicts of law. Licensee agrees that the Federal District Court of the State of Alaska, Anchorage and the United States District Court for the District of Alaska, United States are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement.

17. Waiver
No action of ALASKA STOCK, other than express written, signed waiver may be construed as a waiver of any part of this EULA, and no employee of ALASKA STOCK is authorized to make an oral waiver. You may not assign or transfer to anyone else the rights granted to you in this EULA, without our prior written consent. ALASKA STOCK may assign and transfer this EULA freely.

18. Entire Contract
This contract contains all the terms of the 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.