Moodboard : End user license agreement
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MIKE WATSON IMAGES LIMITED
(“MWI”), TRADING AS MOODBOARD. BY PURCHASING AND/OR USING THE PRODUCT
REFERRED TO BELOW YOU AGREE TO BE BOUND BY THIS LICENSE.
For the purpose of this Agreement “The Product” shall mean any photographic image, typeface, illustration,
digital animation, film, video or other visual or auditory representation delivered by MWI Ltd, trading as
moodboard or our resellers (usually where downloaded from our or their website) in any format.
GRANT OF LICENSE. MWI Ltd, trading as moodboard grant you the non-exclusive, non-transferable
license to use and modify The Product subject to the restrictions set out below. The license is personal to
you. In other words, except in the manner set out below, no-one else is allowed to use The Product under this
license. You must not sell The Product nor, save as set out, otherwise make it available for anyone to use.
This license takes effect when you download The Product and pay for it.
When you use The Product in publications (whether print, electronic or otherwise) you must include a credit
(in the format: © moodboard) adjacent to each image.
You are allowed to make The Product available on a computer network to no more than 10 computer
workstations within the same company or legal entity . If you wish to place The Product onto a computer
network accessible by more than 10 computer workstations, please contact our local distributor, as you will
require a “Seat License”.
You may also make one copy of The Product solely for backup or archival purposes.
You must not use (or allow the use of) The Product in the following ways:
(a) You may not rent, transfer or grant any rights to The Product or any compilation, derivative or collective
work containing The Product (or otherwise make The Product available for use or distribution to any
other person or organization), whether by sublicense, resale or otherwise without prior written consent of
MWI Ltd, trading as moodboard
(b) Use as a trademark or service mark is not permitted.
(c) The Product may not: (i) be placed on any electronic bulletin board, or on-line in a downloadable format,
or (ii) used in a Website at a resolution higher than 72 dpi.
(d) You may not use The Product to create pornographic, libellous, obscene or defamatory material, or
material which it is otherwise unlawful to possess, view, transmit, publish or process. For uses covering
sensitive subjects including, but not limited to, topics regarding sexual issues, substance abuse, physical
or mental abuse, alcohol, drugs, tobacco, HIV/AIDS or serious physical or mental ailments, you must
include a statement which indicates that the person is a model and is used for illustrative purposes only.
(e) You may not disassemble, decompile or reverse engineer or otherwise reduce to human-readable form
any software included as part of The Product.
This license will continue in force until it is terminated. Using The Product in a way not covered by this
Agreement or for a purpose that is specifically prohibited, without prior written consent from MWI Ltd,
trading as moodboard, is a violation of copyright law and a breach of this Agreement. If you do not comply
with the terms and conditions above, this license automatically terminates. At termination, The Product must
be deleted by you, and no further use made of it.
COPYRIGHT: The Product is the copyright of MWI Ltd, trading as moodboard or its licensors and is
protected by applicable copyright and other laws. No intellectual property rights in The Product are
transferred or granted to you other than the limited license set out above. MWI Ltd, trading as moodboard
retains all rights not expressly granted by this license.
LIMITED WARRANTY: MWI Ltd, trading as moodboard warrants that it is entitled to authorize you to use
The Product under the terms of this license. MWI Ltd, trading as moodboard makes no other warranty nor
agrees any other condition, representation or undertaking, either express or implied, of any nature, about The
Product or its use, including as to merchantability, satisfactory quality, and/or fitness for any particular use.
Such terms are, where they would otherwise be implied, hereby expressly excluded to the fullest extent
permitted by law. Neither MWI Ltd, trading as moodboard nor any of its agents or employees shall be liable
to you or any other end user or other person for any loss of: profit, business, revenue, goodwill or reputation
(in each case whether direct or indirect) or for indirect, incidental, special or consequential loss or damage, in
each case resulting from its performance or non-performance of this Agreement or the use of, or inability to
use The Product or arising (or which might be claimed) under any other cause of action or theory of claim.
Moreover, the liability of MWI Ltd, trading as moodboard its agents and employees in respect of any cause
of action giving rise to any liability (whether arising in tort, contract or otherwise and notwithstanding any
negligence or other fault) shall in no event exceed the amount you paid for The Product. Some jurisdictions
do not permit the restriction of liability in respect of death, personal injury, deceit nor the exclusion of
certain implied conditions and / or warranties and, accordingly, the liability of MWI Ltd, trading as
moodboard shall not be restricted to the extent that this is not legally permitted in the relevant jurisdiction.
GENERAL PROVISIONS: This Agreement will be governed by, and interpreted in accordance with,
English law. You accept and irrevocably submit to the non-exclusive jurisdiction of the English courts. If
any part of this Agreement is found void and unenforceable, that shall not affect the validity of the balance of
the Agreement, which shall remain valid and enforceable according to its terms.
MWI Ltd, trading as moodboard, reserves the right to discontinue the license of The Product, where its
continuation would cause or continue liability, loss or damage to MWI Ltd, trading as moodboard, and in
that case it will replace The Product with a reasonable alternative. Upon notice of any discontinuance of a
license you agree not to further use The Product so discontinued and shall promptly delete or destroy any
VERSION: 1 July 2007