Christian Digital Images - Your online source for outstanding Christian & Religious imagery - Our images are affordably priced with broad usage rights - www.christiandigitalimages.com

END USER LICENCE AGREEMENT (EULA)
(Updated Jan 02, 2007)


Christian Digital Images and www.christiandigitalimages.com are owned and operated as a division of Gecko Collections Ltd, Brighton, Ontario, Canada.

The following are the terms and conditions upon which Christian Digital Images (hereinafter called CDI) will licence to you (in this document, you will be referred to as "you" or the "Client") certain usage rights for items purchased from CDI, pursuant to the terms and conditions of this End User Licence Agreement (EULA or Licence). Items purchased from CDI may be entirely tangible, tangible with digital content and/or entirely digital format and will be hereinafter referred to as "MEDIA". PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY COMPLETING YOUR ORDER FROM CDI BY MAKING PAYMENT THROUGH THE APPROVED PAYMENT METHOD, YOU IMMEDIATELY BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS LICENCE.

1. CDI grants to the Client a limited non-exclusive, non-transferable Licence to the client for the purchased MEDIA as follows. This Licence is conditional upon the Client paying all applicable licence fees and respecting the terms hereof.

2. OWNERSHIP AND LIMITS TO USE
The MEDIA shall remain at all times the sole and exclusive property of CDI. In order to protect the rights of CDI, the Client undertakes to comply with the following:
(a) The Client shall not sell, sub-licence, loan or otherwise transfer all or part of the MEDIA or any interest therein to or for the benefit of a third party;
(b) The Client may modify and distribute the MEDIA as part of a product and/or service, as long as the MEDIA does not comprise a large portion of the overall content of the product and/or service and except as otherwise provided below;
(c) The Client may print the MEDIA in a publication as editorial content as long as the MEDIA does not comprise a large portion of the overall content of the publication;
(d) The Client may use the MEDIA as part of a website design as long as the MEDIA does not comprise a large portion of the overall content of the website;
(e) The Client shall not reproduce the MEDIA, distribute, transmit or provide access to the MEDIA to or for the benefit of a third party as a method of circumventing payment of the applicable licence fee;
(f) The Client shall not use or display the MEDIA as part of a digital archive and/or reference source;
(g) The Client shall not use the MEDIA to create obscene, offensive or illegal products and/or services;
(h) The Client shall not remove, alter or obliterate any copyright notices found in the MEDIA;
(i) The Client shall ensure that its personnel, including any consultants, comply with all of the terms and conditions of this Licence and shall be liable for any breaches thereof.

3. LIMITATION OF LIABILITY
THE MEDIA ARE PROVIDED TO THE CLIENT AS IS. EXCEPT AS EXPRESSLY STIPULATED HEREIN, CDI MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, RELATING TO THE USE, PERFORMANCE OR RESULTS WHICH MAY BE OBTAINED THROUGH THE USE OF THE MEDIA. CDI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CDI SHALL IN NO EVENT BE LIABLE TO THE CLIENT UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OR ALTERATION OF DATA, INTERRUPTION OF BUSINESS AND/OR LOSS OF EMPLOYEE WORK TIME. IN ANY EVENT, THE TOTAL LIABILITY OF CDI SHALL NOT EXCEED THE AGGREGATE PAYMENTS RECEIVED BY CDI HEREUNDER. THIS DISCLAIMER APPLIES WITHOUT LIMITATION REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES ARE OR WERE FORESEEABLE.

4. LIMITED WARRANTY ON MEDIA
CDI warrants that its MEDIA will be free from defects of material and workmanship under normal use for thirty (30) days from the date of delivery, as evidenced by a copy of your receipt. CDI will either replace the MEDIA or refund the purchase price, at its sole discretion. If CDI determines the MEDIA has been misused or modified while in your possession, this warranty will not apply

5 NON TRANSFERABILITY
Neither this Licence nor any rights or licences granted hereunder may be assigned, transferred, delegated, sub-licenced or time shared without the prior written consent of CDI. Any such assignment, transfer, delegation, sub-licence or time sharing in breach of this undertaking is void and results in the immediate termination of this Licence.

6. TERMINATION
CDI shall have the right to terminate this Licence immediately without notice in the event that:
a) the Client breaches any of the terms and conditions of this Licence; or
b) the Client files a petition in bankruptcy or for the appointment of a receiver, or if an involuntary petition in bankruptcy is filed against the Client and said petition is not discharged within thirty (30) days, or if the Client becomes insolvent or makes a general assignment for the benefit of its creditors, or if the business or property of the Client comes into the possession of its creditors or of a governmental agency or of a receiver. The Client undertakes in the event of termination of this Licence to immediately cease any and all use of the MEDIA, to deliver up to CDI the MEDIA and to destroy any copies made.

7. ENTIRE LICENCE
All prior proposals, understandings, and/or agreements between the parties that relate to the subject matter of this Licence are hereby superseded and merged into this Licence. This Licence may not be modified or altered except in writing.

8. GOVERNING LAW
This Licence, its construction, performance, scope, validity and effects are governed and shall be construed in accordance with the laws applicable and in force in the province of Ontario, Canada.

9. VENUE
The parties agree, for any claim or judicial proceedings for whatever reason relating to this Licence, to designate and hereby designate the courts of the judicial jurisdiction of Ontario, Canada , as the appropriate venue for the hearing of any such claims or judicial proceedings, to the exclusion of any other courts, judicial district or jurisdiction that may have the right to hear such dispute.

10. LANGUAGE
The parties hereby confirm that they each require that this Licence and all documents and notices in connection therewith be drawn up in English.

By submitting your order, you acknowledge having read this licence and agree to be bound thereby.
 

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