End-User License Agreement

End-User License Agreement for the LeeZu! Textures Provided with AMS PhotoStage and PhotoSpin

Preamble:

The following is a legal agreement between you, the End-User of PhotoStage and/or PhotoSpin, purchased either as a standalone product or as part of a PhotoTools Pro bundle, as well as your representatives, successors, assigns, agents and affiliates, and Serenity Mercier, owner of Ananke Media Systems, and LeeZu Baxter, the designer of the LeeZu! images provided as backdrop textures in PhotoStage and PhotoSpin.

The LeeZu! images created by LeeZu Baxter are copyrighted. All copyrights and other related rights are totally owned by LeeZu Baxter, hereinafter referred to as “LeeZu Baxter.”

You, the End-User, hereinafter referred to as the “User,” have no ownership rights whatsoever to the images provided with PhotoStage and/or PhotoSpin, and you will benefit solely from this License Agreement according to the terms and conditions contained herein.

Using the PhotoStage and/or PhotoSpin, or otherwise exercising the rights granted under this agreement, means you agree to be bound by this Agreement.

In general terms, usage irrefragably presupposes that you have made yourself aware of the contents of this License Agreement and have agreed, without reservations, to the contents.

All rights not specifically granted in writing to you by this agreement remain the exclusive property of LeeZu Baxter.

Your right to use an image is subject to the restrictions set forth inthis End-User License Agreement.

By this Agreement, Serenity Mercier, owner of Ananke Media Systems (hereinafter referred to as “Serenity Mercier”), and LeeZu Baxter, the designer of the LeeZu! images, grant to you a non-exclusive, non-transferable right to use the images specified below on the express condition that the following terms and conditions are duly complied with.

“Non-transferable” means that the work you produce using an image must be for your own use, or for the use of your direct employer, client, or customer, who must be the end-user of your work. You may not sell, rent, loan, give, sublicense, or otherwise transfer to anyone the images, and nothing you produce shall grant or purport to grant any third party a right to use or duplicate an image. You agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the images.

Permitted Use of the Images:

The images (backdrop textures) can be used in the following, and only the following, ways:

The following images can be used for photograhic purposes only as part of the PhotoStage and/or PhotoSpin backdrop:

  • LeeZu! Han Solo
  • LeeZu! Audrey
  • LeeZu! Chaqueta
  • LeeZu! Crazy Kitchen
  • LeeZu! FemmeFatal
  • LeeZu! Glitter
  • LeeZu! Iris
  • LeeZu! Lea
  • LeeZu! Letters
  • LeeZu! Loopy
  • LeeZu! MarshaM
  • LeeZu! Mo
  • LeeZu! Ornament
  • LeeZu! SinSin
  • LeeZu! Treeframe

The User may not remove the above listed images from the PhotoStage and/or PhotoSpin, and place them on a disk, server, computer hard drive, or other storage device.

The User is considered to be the sole user of the images, and consequently, the sole holder of this usage license.

Use Restrictions:

The User has no right to:

  1. Copy the images or the accompanying written materials.
  2. Reproduce or provide the images to other people, notably through duplication of the files or by making them available via an internet, intranet network, extranet, or through file sharing.
  3. Rent, sell, lend or otherwise grant rights to the image.
  4. Use the images in pornographic, defamatory, negative, or otherwise unlawful contexts.

Duration:

This License Agreement shall remain in full force and effect throughout the entire duration of use of the images. It shall be terminated in the event the User does not comply with the terms and conditions hereof.

Third Party Liability:

The User incurs full liability for the use made of photographic images which may require specific authorization from any third party or parties, in regard to patent rights or copyright, or to the rights reserved for or by a legal entity and which are expressly excluded from this license.

Serenity Mercier and LeeZu Baxter decline all responsibility relative to any use of these images which could constitute an infringement of the rights of third parties.

User agrees to indemnify and hold Serenity Mercier and LeeZu Baxter harmless against any damages or liability of any kind, claims, and expenses, including reasonable attorney’s fees, arising from User’s use of the LeeZu! images.

Neither Serenity Mercier nor LeeZu Baxter shall be liable for any indirect, consequential punitive, or incidental damages arising out of the use of, or the inability to use the images, even if Serenity Mercier or LeeZu Baxter or one of their agents or representatives have been advised of the possibility of such damages. In no event shall Serenity Mercier or LeeZu Baxter’s liability (whether in tort, contract, or otherwise) arising out of or relating to the User’s use of the images or inability to use the images exceed the amount paid by the User for the PhotoStage and/or PhotoSpin (depending on which of these products the User has purchased).

Copyright Credit:

Pursuant to the provisions of the United States and International laws on Intellectual Property Rights, all uses of the photographic images are subject to the citation of the creator’s name, LeeZu Baxter, as follows:

  • For editorial uses, a copyright protection credit must appear adjacent to the images: © <year date of job>  LeeZu Baxter All Rights Reserved
  • For non-editorial uses, the User must provide copyright protection by placing proper copyright notice on any use. Proper notice is: © <year date of job> LeeZu Baxter

Default:

In the event of breach of this Agreement by the User, the User shall pay all of the Seller’s (Serenity Mercier) and/or the Designer’s (LeeZu Baxter) costs and expenses incurred in connection with the enforcement of the terms of this agreement, including the Seller’s and/or the Designer’s reasonable attorney fees.

Governing Law:

This agreement shall be governed by the United States laws. Venue for any action respecting this action respecting this Agreement shall be in the California state courts, and the User hereby consents to the jurisdiction of such courts. In the event of any award or judgment in favor of the Seller (Serenity Mercier) and/or the Designer (LeeZu Baxter), or any settlement between the Seller and/or Designer and User, arising from effecting and protecting the rights and benefits hereunder and/or any aspect of this Agreement, User shall pay all costs and expenses incurred by Serenity Mercier’s and/or LeeZu Baxter’s legal counsel related thereto, including, but not limited to, reasonable legal fees, arbitration and court costs, associated expenses, and legal interest on such award, judgment, or settlement.

Acceptance:

As previously stated, using PhotoStage and/or PhotoSpin, or otherwise exercising the rights granted under this License Agreement means you agree to be bound by this Agreement. In general terms, usage irrefragably presupposes that you have made yourself aware of the contents of this license and have agreed, without reservations, to the contents.

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