JUPITERIMAGES ROYALTY-FREE LICENSE
THIS IS A LEGAL AGREEMENT BETWEEN YOU, YOUR COMPANY, YOUR EMPLOYER
AND/OR YOUR CLIENT (in the case you are an agent acting for a single
client), AS THE CASE MAY BE (COLLECTIVELY "YOU), AND JUPITERIMAGES
CORPORATION. "JUPITERIMAGES" WHEN USED HEREIN SHALL MEAN JUPITERIMAGES
CORPORATION, OR ITS WHOLLY OWNED SUBSIDIARIES INCLUDING, WITHOUT
LIMITATION, DYNAMIC GRAPHICS, INC., PICTUREQUEST LLC, PICTUREARTS
CORPORATION, CREATAS LLC, HEMERA TECHNOLOGIES, INC., GOODSHOOT AND EACH OF
ITS SUBSIDIARIES, AFFILIATES AND/OR DISTRIBUTORS, AS THE CASE MAY BE. THIS
LICENSE AGREEMENT APPLIES, WITHOUT LIMITATION, TO THE WEBSITES CURRENTLY
LOCATED AT: ablestock.com, animations.com, botanica.com,
brandxpictures.com, clipart.com, comstock.com, comstock1700.com,
creatas.com, creatas.com.au, creatas.de, creatas.co.uk, foodpix.com,
goodshoot.com, liquidlibrary.com, nonstock.com, photoobjects.net,
photos.com, picturearts.com, picturequest.com, thinkstock.com, and
thinkstockfootage.com, ANY INTERNATIONAL OR OTHER VERSIONS OF THE
FOREGOING, FUTURE WEBSITES AND/OR ANY IMAGES DELIVERED VIA ANY STORAGE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF
THESE TERMS IS AN ABSOLUTE CONDITION TO YOUR ACCESS TO AND USE OF ANY
IMAGE(S). DOWNLOADING AND/OR USING ANY IMAGE(S) FROM JUPITERIMAGES
CONFIRMS YOUR ACCEPTANCE OF THESE TERMS AND FORMS A LEGAL CONTRACT BETWEEN
YOU AND JUPITERIMAGES. JUPITERIMAGES reserves the right to change any of
the terms of this Agreement at any time, and you agree to be bound by such
changes. If you do not agree to the following terms, as may be amended, do
not download or use any Image(s).
"Comp Usage" is defined as the creation of a temporary test use,
rough layout or comprehensive rendering of a proposed work for client
review, internal company review or testing. The Image may not be
used in any materials distributed or accessible to the public or in
any final product or use, including, without limitation, any
online or other electronic distribution system (except you may
transmit comps digitally or electronically for their review) and may
not be sold or sublicensed alone or as part of any product.
"Image(s)" shall mean animations, clipart, composites, digital
footage, digital video, film footage, fonts, graphics, illustrations,
images, motion sequences, photographs or any other visual
representation regardless of whether the Image(s) are obtained via
download from any JUPITERIMAGES Web site, delivered via any storage
media (CD, DVD, disk, etc.) that is now known or may become known in
the future, or obtained from a JUPITERIMAGES' authorized distributor,
together with all accompanying metadata and other material.
"Storage Media" shall mean CD-ROM, digital video disc (DVD), floppy
disk, or any other storage device or media now known, or hereafter
"User" shall mean the individual, legal entity or agent entering
into this license agreement or any employee or contractor of such
individual, legal entity or agent that edits, manipulates or modifies
the Images or are otherwise directly involved in the creative process
including, but not limited to, photo editors, photo researchers,
photographers, art directors or designers. All Users shall only use
the Images in accordance with the terms of this Agreement.
"You" shall mean a single: (i) individual, (ii) legal entity
(corporation, partnership, LLC, sole proprietorship, etc.), or (iii)
agent acting on behalf of a single individual or entity.
The Image(s) are copyrighted and protected under the various laws
of the United States, International treaties and other applicable
laws. The Image(s) shall remain the sole and exclusive property of
JUPITERIMAGES, or its licensors. Use of the Images is licensed, not
sold, pursuant to the terms of this License Agreement. Use of the
Images without agreeing to this License Agreement, or a breach of
these License Agreement terms, is copyright infringement.
- Paid License.
- JUPITERIMAGES grants you a non-exclusive and non-transferable
license to use the Image(s) only as provided in this License
Agreement. See Section 13(A) below for special terms if you are
licensing a subscription plan.
- Comp Use
- JUPITERIMAGES grants you the non-exclusive and
non-transferable right to use Image(s) for Comp Usage for a period
not to exceed sixty (60) days.
- Number of Users (defined above):
- FOR IMAGES ACQUIRED BY PAY PER DOWNLOAD AND STORAGE
YOU ARE GRANTED A TEN (10) USER SINGLE USE, SEAT
LICENSE FOR USE OF THE IMAGES. THIS IS NOT A SIMULTANEOUS USE
LICENSE. Only one (1) User may access or use the Image(s) at one
time with up to a maximum of ten (10) Users (within the same legal
entity entering into this License) who may access or use the
Licensee may distribute Image(s) within a network or similar
asset management system to no more than ten (10)
computers/workstations within the same company or legal entity for
use by one (1) person at a time. If the Image(s) are to be placed on
a network server accessible by more than ten (10)
computers/workstations, please contact your sale representative as
you will require a multiple seat license.
- FOR IMAGES ACQUIRED BY SUBSCRIPTION OR COMP USE.
ARE GRANTED A ONE (1) USER SEAT LICENSE. ONLY ONE USER MAY ACCESS
THE SUBSCRIPTION WEB SITE, OR USE IMAGES FOR ANY COMP USE, AS
APPLICABLE. YOU MAY NOT DESIGNATE ONE (1) USER TO ACCESS THE
SUBSCRIPTION WEBSITE IF MORE THAN ONE (1) USER WILL USE THE IMAGES.
IN SUCH CASES, PLEASE CONTACT YOUR SALES REPRESENTATIVE AS YOU WILL
REQUIRE A MULTIPLE SEAT LICENSE.
- Permitted Uses. You may, subject to Section 1(F) below:
- Back up, and store, single Image(s) as necessary on a single
server for archival, tracking or asset management purposes only. Any
copy or archive you make must include copyright notice pursuant to
- Use the Image(s) in any electronic or print media, including
advertising and editorial use, provided such use is not intended to
allow the re-distribution or re-use of the Image(s).
- Use the Image(s) in any items for personal use or resale,
including book covers, calendars, consumer merchandise (T-shirts,
posters, art, etc.), provided such use is not intended to allow the
re-distribution or re-use of the Image(s).
- Modify or alter the Image(s) as necessary for your use, provided
that if such modification or alteration constitutes a derivative
work, the rights to all such derivative works shall belong
exclusively to JUPITERIMAGES or its providers, as the case may be,
-and that you shall only use such derivative work in accordance with
this Agreement. If requested by JUPITERIMAGES, you agree to execute
a written assignment of any such rights, including copyrights, at no
cost to JUPITERIMAGES.
- Use the Image(s) as décor in an office, lobby, public area,
restaurant, or retail store.
- Use the Image(s) as design elements in video, film, or
- Use the Image(s) in connection with your business or entity,
e.g. corporate identity documents and letterhead, except as
- Use the Image(s) for any other uses approved in writing by
- Prohibited Uses: You may NOT:
- Sublicense, distribute, transfer or assign the Image(s) or
rights to the Image(s).
- Reverse engineer, decompile, translate, or disassemble any part
of the Image(s).
- Copy or reproduce the Image(s), except as specifically provided
for in Section 1(E).
- Remove any copyright, trademark or watermark from any place
where it appears on the Image(s).
- Display the Image(s) in any digital 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.
- Use the Image(s), or any part of the Image(s), as part of a
trademark, service mark, or logo. JUPITERIMAGES or its licensors
retain the full rights to the Image(s), and therefore you cannot
establish your own rights.
- Use the Image(s) to compete with JUPITERIMAGES. JUPITERIMAGES 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
- Use the Image(s) in a product or service whereby the Image(s)
can be used apart from a product or service.
- Use the Images(s) in any downloadable format intended for
multiple distribution including, without limitation, Web site
templates, software products, e-greetings, etc. You may contact email@example.com
to find out about a special license for such use.
- Use the Image(s) in any way that could be considered defamatory,
pornographic, libelous, immoral, obscene or fraudulent, or illegal,
either by making physical changes to it, in the juxtaposition to
accompanying text or images, or otherwise.
- Use Image(s) as part of any use involving sensitive subject
matters, as determined by JUPITERIMAGES, including but not limited
to the following: all sexual issues, sexually transmitted diseases,
substance abuse, alcohol, tobacco, AIDS, cancer, mental ailments,
Homosexual or alternative lifestyles, and physical or mental abuse,
without advance written consent from JUPITERIMAGES and any model in
such Image(s). Sensitive subject use pertains to both commercial and
editorial uses. Contact JUPITERIMAGES for verification of model
releases. Availability of model releases does not grant the right to
use Image(s) in any sensitive subject matters.
- Additional Terms
- JUPITERIMAGES reserves the right to (i) not permit use of any
Image(s) for any reason whatsoever; and (ii) notify you that certain
Image(s) are no longer available for use. Upon such notification,
the license to use such Image(s) shall automatically and immediately
- All other rights not expressly granted to you are reserved
solely for JUPITERIMAGES.
- JUPITERIMAGES requests the copyright notice "© [insert current
year] JupiterImages Corporation" appear adjacent to the Image(s) or
on a credit page.
- JUPITERIMAGES reserves the right to replace 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 products or services and you shall take all
reasonable steps to discontinue use of the replaced Image(s) in
existing products or services.
- PAYMENT TERMS
You agree to pay all Image(s) license fees and no rights are granted
under this Agreement until all payments are made in full. A service
charge of two percent (2%) per month, or the amount allowed by law, will
be charged on any unpaid balance. Any claims for adjustments must be
made to JUPITERIMAGES within five (5) days of billing. You shall be
liable for all past due amounts, interest and costs of collection,
including attorneys' fees. Refunds are governed by the terms of the
individual service used. Please see Section 11 below for terms
applicable to refunds in the event of cancellation.
- This License Agreement is effective until it is terminated.
- This License Agreement will terminate automatically, without
notice from JUPITERIMAGES, if you fail to comply with any provision
of this License Agreement.
- You can terminate this Agreement by destroying the Image(s),
along with any copies or archives, any CD-ROM or accompanying
materials (if applicable), and ceasing all use of the Image(s) for
any purpose. Such termination may not effect payment obligations.
- JUPITERIMAGES may, in its sole discretion: (i) monitor, as
frequently as JUPITERIMAGES determines, anything you download from our
Web sites, (ii) limit downloads to a fixed amount of downloads per 24
hour period so as to insure the best possible service to all
subscribers to our Web sites, (iii) track any abuse of your username
and password, (iv) suspend or terminate your account, without notice,
if JUPITERIMAGES believes to be there is a violation of this Agreement
and/or any abuse of your username and password.
- Upon termination of this Agreement, you agree to (i) destroy all
copies and archives of the Image(s), (ii) cease using the Image(s) for
any purpose, and (iii) confirm to JUPITERIMAGES in writing that you
have complied with these requirements. Please see Section 13(A) below
for other terms also applicable to Subscription terminations.
- JUPITERIMAGES represent and warrants that:
- it has the right to enter into this Agreement and to grant the
rights hereunder; and
- the Image(s) or other Storage Media (if applicable) will be free
from defects in materials and workmanship under normal use for a
period of 30 days from the date of license.
- EXCEPT AS PROVIDED ABOVE, THE IMAGE(S), STORAGE MEDIA AND
ACCOMPANYING MATERIALS (IF APPLICABLE) ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NONINFRINGEMENT. JUPITERIMAGES GRANTS NO RIGHTS
OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARKS, LOGO
TYPES, COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN
ANY IMAGE, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS,
CONSENTS, OR PERMISSIONS AS MAY BE REQUIRED ARE OBTAINED.
JUPITERIMAGES DOES NOT WARRANT THAT THE IMAGE(S), WEB SITES OR OTHER
MATERIALS, WILL MEET YOUR REQUIREMENTS OR THAT USE WILL BE
UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY,
PERFORMANCE AND USE OF THE IMAGE(S) IS SOLELY WITH YOU. YOU UNDERSTAND
THAT YOU SHOULD SEEK COMPETENT COUNSEL BEFORE USING IMAGES ON OR IN
CONNECTION WITH ANY GOODS OR SERVICES OR FOR ANY OTHER COMMERCIAL
- You represent, warrant and covenant that:
- You are at least eighteen years of age and have the full right
and authority to enter into this License on behalf of yourself
and/or your company, employer or principal;
- You do not reside in any country to which export of US products
are prohibited or restricted and you may not ship, transfer or
export any of the Images into any country or use any of the Images
in any manner prohibited by any laws, restrictions or regulations;
- You will not use the Image(s) in any way that is not permitted
by this License;
- Your use of the Image(s) will not violate any applicable law or
regulation of any country, state, or other governmental entity;
- The information that you provide to JUPITERIMAGES is accurate
and true, including, without limitation, all credit card or other
payment information and you shall update such information as
- You shall be solely responsible for your use of the Image(s) and
agree that JUPITERIMAGES grants no rights and make no warranties
with regard to the use of trademarks, trade dress, copyrighted
designs or works of art or architecture in any Images, and you must
satisfy yourself that all necessary rights or consents regarding any
of the above, as may be required for reproduction, have been
- You are solely responsible for determining whether your use of
any Image(s) requires the consent of any other party or the license
of any additional rights, and you should not rely solely on the
information provided by JUPITERIMAGES.
- You are solely responsible for obtaining any and all releases
and clearances as may be required. If you are unsure whether
additional rights are needed for your use of the Images, you are
responsible for consulting with competent legal counsel.
- LIMITATION OF REMEDIES
- Replacement or Refund:
JUPITERIMAGES' entire liability and
your exclusive remedy, with respect to any claims arising out of this
Agreement shall be at JUPITERIMAGES' sole discretion, either: (i)
replacement of Image(s); or (ii) refund of any fee paid for the
specific Image(s). See Section 11 for other refund terms that may
- No Money Damages:
Under no circumstances whatsoever will
JUPITERIMAGES be liable to you for any money damages including,
without limitation, any lost profits, lost revenue, lost savings, or
other incidental or consequential damages arising out of: (i) the use
or inability to use the Image(s), (ii) JUPITERIMAGES' breach of this
Agreement, , or (iii) for any claim by any other party, even if
JUPITERIMAGES has been advised of the possibility of such damages. In
no event shall the liability of JUPITERIMAGES exceed the amount paid
by you for accessing, acquiring, and/or using any Image(s) within the
preceding six (6) months. Any claims must be brought within twelve
(12) months of the date that you discovered such claim, or reasonably
should have discovered such claim, or shall be waived.
You agree to indemnify and hold JUPITERIMAGES, its affiliates,
parents, subsidiaries, employees, directors, officers, successors,
assigns, distributors and anyone else associated with JUPITERIMAGES,
harmless from, and against, any and all claims, liabilities, costs,
damages, or expenses, (including attorneys' fees) asserted against
JUPITERIMAGES arising out of your use of the Images or in connection
with any breach of any of the terms of this Agreement.
If any provision of this Agreement is held to
be not enforceable, such provision shall be reformed only to the
extent to make it enforceable, consistent with the parties' intent.
- Taxes and other:
You agree to pay and be solely responsible
for any and all sales taxes, use taxes, value added taxes and duties
imposed by any jurisdiction as a result of the license granted to you,
or your use of the Image(s), pursuant to this Agreement.
No action of JUPITERIMAGES, other than an express
written, signed waiver may be construed as a waiver of any part of
this Agreement, and no employee of JUPITERIMAGES is authorized to make
an oral waiver. In the event that JUPITERIMAGES waives a specific part
of the Agreement, it does not mean that JUPITERIMAGES waives any other
This Agreement, its validity and effect, shall be solely interpreted,
and governed by, the laws of the State of Connecticut, United States.
Any claims shall be brought solely in the Federal District Court of the
District of Connecticut and you expressly consent to the exclusive
jurisdiction of the federal courts of the State of Connecticut, United
States. You consent to the service of any required notice or process
upon you by registered mail or overnight courier with proof of delivery.
- LEGAL FEES
You agree to reimburse JUPITERIMAGES for its legal fees, costs and
disbursements if JUPITERIMAGES is successful in enforcing any of its
rights under this Agreement including, without limitation, in connection
with any action to collect payment.
You may not assign or transfer to anyone else the rights granted to
you in this Agreement, without our prior written consent. JUPITERIMAGES
may assign or transfer this Agreement freely.
If you wish to cancel the rights granted in this License and your
invoice, the following apply:
- If you licensed single Images or purchased CD(s) (opened or
unopened), you may receive a full refund if you submit a completed and
signed refund affidavit (located at http://jupiterimages.com/en/company/refund_aff), and
return any CD's, within fourteen (14) days of your invoice date. After
fourteen (14) days, no cancellations will be accepted, no refunds made
and you will be responsible for and must pay the full amount of the
- If you purchased a Subscription, you may receive a full refund
within three (3) days of your invoice date, provided that you have not
downloaded more than five (5) images. After three (3) days, or
download of more than five (5) Images, no cancellations will be
accepted, no refunds made and you will be responsible for and must pay
the full amount of the invoice. By requesting a refund, you hereby
represent and warrant that: (i) you have deleted or destroyed all
downloaded Images, (ii) that you have not, and will not use any Images
from the subscription, and (iii) that a breach of the foregoing shall
require you to immediately repay the entire subscription fee plus
damages to JUPITERIMAGES.
You are solely responsible for all shipping and handling fees with
regard to a cancellation. All cancellations are final. See Termination
Section 3 above for other applicable terms.
- ENTIRE CONTRACT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND
AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT
IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND
JUPITERIMAGES, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR
WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND JUPITERIMAGES
RELATING TO THE SUBJECT OF THIS AGREEMENT, INCLUDING, WITHOUT
LIMITATION, ANY PURCHASE ORDER TERMS (EVEN IF SUCH TERMS ARE SUBSEQUENT
TO THE DATE OF THIS AGREEMENT). FAQ'S, OTHER EXPLANATIONS, AND TEXT IN
JUPITERIMAGES' WEBSITES ARE FOR YOUR INFORMATION ONLY AND ARE NOT, AND
SHALL NOT BE CONSTRUED AS, PART OF THIS AGREEMENT UNLESS SPECIFIED
OTHERWISE IN THIS AGREEMENT.
- ADDITIONAL TERMS ADDENDUM
In addition to terms 1-12 above, the following terms also apply if
you obtain certain other services, or certain other Image(s), from
JUPITERIMAGES and form a material part of your License Agreement:
If you are purchasing a subscription plan to any of JUPITERIMAGES'
Web sites, the following also applies and is added to the Agreement as
The following is added to Section 4(C):
"VII) You will hold all passwords for any subscription in the
strictest of confidence. You may not share or disclose any password to
any other user or third party other than as specifically provided for
herein. If you breach any provision of this section, we shall be
entitled to (i) terminate this Agreement immediately, (ii) retain all
payments paid pursuant to this Agreement and, (iii) seek any legal or
The following is added to Section 1(C)(I):
(b) This License Agreement, and your right to use the Image(s)
shall immediately, and automatically, terminate upon the termination
of the term of your subscription provided, however, that after your
subscription term you may continue to use any Image(s) incorporated
into a product or service during the subscription term in the same
product or service in accordance with the terms of this Agreement.
The following is added to Section 1(F):
(XII) Stockpile, download, or otherwise store Images not used
during the subscription term for future use.
- If you are licensing Images from clipart.com, the following also applies and is added
to the Agreement as follows:
The following is added to Section 1(E):
"(IX) Use the Images as a design element in electronic templates
including Web site templates and e-greetings but NOT for software
products that are intended for distribution or use by others.
Electronic template use is restricted to 250 templates per year, must
include a statement on the same page as the Content as follows:
"Certain images and/or photos used in this template are the
copyrighted property of JupiterImages and are being used with
permission under license". Images used in an electronic template may
not be used at a resolution higher than 72 dpi. You may obtain
additional information about template licensing from firstname.lastname@example.org."
- If you are licensing Images from ablestock.com, the
following also applies and is added to the Agreement as follows:
The following is added to Section 1(F):
"XII) Use any of the Images for any commercial purposes in excess
of 100,000 printed copies without explicit written permission. NOTE:
Web page impressions are unlimited"
- THIRD PARTY CONTENT
If you are licensing Images from JupiterImages' third party
suppliers, special license terms from the third party suppliers may
apply. Please see the individual Web site or Storage Media for details
of any special license terms.