| CLIP ART LICENSE AGREEMENT
Created and Produced by : Freeze.com, LLC ®
(c) Copyright 2000 Freeze.com, LLC. All rights reserved. This Clip Art License Agreement (the "Agreement") is a legal agreement between you, the user, and Freeze.com, LLC ("Freeze"). By removing, using or distributing a copy of the clip art image, or by placing or copying the image onto your computer hard drive, you are agreeing to be bound by the terms of this Agreement. CLIP ART LICENSE 1. Grant of License. Freeze grants to you the right to use the Clip Art images (the "Clip Art"). For purposes of this section, "use" means removing, using or distributing the Clip Art, as well as storing the image on a hard disk or other storage device. You shall not: modify, translate, disassemble, decompile, reverse engineer, or create derivative works based upon the Clip Art. You shall not: rent, lease, sell, distribute for money or other consideration, the Clip Art. 2. Commercial Use is Prohibited. Under no circumstances shall you, the end user, be permitted, allowed or authorized to commercially exploit, sell or distribute the Clip Art. 3. Copyright. The Clip Art is owned by Freeze and is protected by international copyright laws and international treaty provisions. Your license confers no title or ownership in the Clip Art and is not a transfer of any rights in the Clip Art. You must treat the Clip Art like any other copyright material, except that you may make copies of the Clip Art to give to other persons only in its compressed format. You may not charge or receive any consideration from any other person for the receipt or use of the Clip Art. You agree to ensure that any user of the Clip Art licensed hereunder complies with this Agreement. 4. WARRANTY. THE CLIP ART IS PROVIDED AS IS.
FREEZE DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE WITH RESPECT TO THE CLIP ART AND THE ACCOMPANYING
WRITTEN MATERIALS, IF ANY.
THE AGENTS, EMPLOYEES AND/OR DISTRIBUTORS OF FREEZE ARE
NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES
ON BEHALF OF FREEZE.
IN NO EVENT SHALL FREEZE OR ITS AGENTS, EMPLOYEES AND/OR DISTRIBUTORS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFIT, LOST DATA, OR DOWNTIME COSTS), OR OTHER DAMAGES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE EVEN IF FREEZE OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. By loading or using the Clip Art you accept sole responsibility for all consequences arising therefrom and confirm that no claim whatsoever will be made against Freeze or its distributors, agents or associates. The aforementioned limitation of liability shall not apply in the case of intentional acts or omissions of Freeze or in the case that liability is mandatory, e.g. with regard to certain circumstances of gross negligence. 5. Export Requirements. You may not export or re-export the Clip Art or any copy or adaptation in violation of any applicable laws or regulations. Without limiting the generality of the foregoing, you may not download or otherwise export or re-export the Clip Art (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's List of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Order. 6. General Provisions. This Clip Art is subject to removal without notice. Neither this Agreement nor any part or portion hereof shall be assigned or sub-licensed, except as described herein. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. If you fail to comply with any terms of this Agreement, YOUR LICENCE IS AUTOMATICALLY TERMINATED. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE CLIP ART, BY USING THE CLIP ART, OR BY PLACING OR COPYING THE CLIP ART ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN FREEZE AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN FREEZE AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. This License will be construed under the laws of the State of Minnesota, United States of America. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. FREEZE is a registered trademark of Freeze.com, LLC. All other trademarks acknowledged. |