Weatherstock® Photo-CD End-User License Agreements

Please note: After February 24, 2004, all Photo CD's are licensed for one of three specific uses, as noted below. All CD's sold prior to February 24, 2004 are licensed for "commercial" uses.

If you purchase a CD after February 24, 2004 and desire to upgrade the license, this is available, for the cost of the next license upgrade.

We kindly request that you only use the CD for the license you purchased. All CD's must be registered with the card that was originally enclosed with the CD. Uses are tracked by our office for security. For those who desire to fraudlently misuse a CD for uses beyond the license they purchase... beware! We will pursue those individuals who abuse our licensing restrictions. Thank you.

Your CD licnesed is licensed for one of the following, depending on the choice you made while purchasing:

1: Commercial use license
2: School use license
3: Personal and personal homepage use license

This document is ©copyright Weatherstock. No portion may be copied or pasted, except for Clients who have purchased the CD and wish to maintain a copy for their files.

Weatherstock Photo-CD End-User License Agreement For Commercial Use

SAVE THESE DOCUMENTS

1: The following is a legal agreement between you (the "Client") and Weatherstock Inc. PLEASE READ THIS LICENSE CAREFULLY. By breaking the seal on the CD packaging, placing the CD in your computer, or by your use of any Image, you agree the CD is considered purchased and used, and you agree to be bound by all terms in this Agreement.

The price of your CD includes the following rights and restrictions. You do not have to notify Weatherstock of any usage, nor pay any additional reproduction fees, as long as your specific use is legally granted within this Agreement.

2: The word "Image(s)" shall refer to all photographic Images, original, modified, or any part of any Image, contained on the Weatherstock Photo-CD hereafter called the "CD."

3: The Images and the CD are Copyrighted. All rights are owned by Weatherstock. All rights not specifically granted to you by this Agreement are reserved. Your right to use an Image is subject to the restrictions set fourth in this Agreement. No use or rights granted what-so-ever until full (non-refundable) payment is received by Weatherstock for this CD.

4: By this Agreement, Weatherstock grants to you a personal, non-exclusive, non-transferable right to use the Images from the CD in the following, and only the following ways: (Subject to other restrictions herein).

(A) Print Uses: Advertising, editorials, educational, catalogs, brochures, reports, flyers, product packaging, pop displays, book covers, textbooks, calendars, magazines, in house publications, manuals, pamphlets, newsletters, trade books, encyclopedias, trade show prints, transit displays, billboards and announcements. Promotional printing and products (as long as such items are not re-sold. See No. 6).

(B) Other Than Print Uses: web sites, multi-media, broadcast video, video displays, video/film productions, film strips, television, cable TV, and CD ROMs. Computer, web site and CD uses are granted only if the Image resolution is no greater than 72 dpi. All uses of Images must be incorporated in such a manner that they are clearly not intended to be downloaded or copied. (C) Licensing rights for the commercial license include all eductional and personal uses granted under those separate agreements.

Restrictions:

5: "Non-transferable," as used in Paragraph 4, means that the work you produce using an Image must be for your own use, or for the use of your direct employer, customer or client, who must be the end-user of your work. You may not sell, rent, loan, give, sub license, or otherwise transfer to anyone (including sub-companies and clients) either the CD or an Image, or the right to use the CD or an Image (except insofar as an Image has been incorporated by you into one of the permitted uses as noted in Paragraph 3 of this Agreement), and nothing you produce shall grant or purport to grant any third party a right to use or duplicate an Image.

6: Images may not be reproduced for re-sale as photographic prints, screen savers, clothing, posters, postcards, artwork or any other reproduction, printing or computer method where the purpose is to sell the Image as a product. (Please contact Weatherstock to extend such rights. In most cases we will grant such extended rights at little or no extra charge). Images may not be re-sold as "stock" images." The Client may not devise any "loophole" or other method to circumvent the use restrictions herein.

7: You agree to take all necessary reasonable steps to prevent third parties from copying or distributing the Images.

8: The CD and pictures may not be used in any multi-user network, time share, library, file, service bureau or any system where it can be used by more than one person at a time. The Client may not post or otherwise offer the CD or any picture as a raw download (not contained in the body of an actual, legitimate use intended for viewing only), or as "free" or "raw" download to third parties.

9: Defamatory or otherwise unlawful use of any Image is prohibited. Images may not be used for any inflammatory or defamatory purpose, including editorials or statements against Weatherstock, it's agents, representatives or Warren Faidley. In the event of defamatory or otherwise illegal use of any Image, the Client agrees to pay a fee of 500 times our normal rates in addition to any legal actions. Clients who use a CD for a purpose not granted under the specific license, shall be responsible for the full payment of $249.00 plus a $300.00 service fee at the discretion of Weatherstock. In addition, any such abuse or misuse may be deemed as copyright or criminal copyright violations and Weatherstock reserves the right to take legal actions. All Images are watermarked for security.

10: For Client protection and the protection of our copyrights, the following credit line must be used on printed materials or for Internet uses: ©Warren Faidley/Weatherstock.com. For Internet uses, the picture should serve as an active html address for weatherstock.com when clicked and a copyright notice must be maintained on the actual image.

Warranty and refund policy:

11: All CD's are guaranteed against defects in material and workmanship under normal use and condition, for a period of (30) thirty days from purchase.

12: All registration cards must be returned within (30) days. (Client failure to return the registration card shall not alter this Agreement in any way).

13: Refund and replacement policy: Refund policy: All sales are final! Furthermore, the Client agrees not to request a credit card refund or credit. In such events, the client agrees to pay a $150.00 service fee. Any use of the CD requires full payment. Refunds initiated by the Client and not granted by Weatherstock, do not exempt the Client from US Copyright violations since any use (as noted in no 1) requires a non-refunded payment. Replacement CD's (for any license) are available for $19.95 plus $6.00 S&H. Only registered CD's can be replaced.

Liability

14: You agree to indemnify and hold Weatherstock harmless against any damages or liability of any kind arising from any use of an Image other than the uses specifically permitted by this Agreement.

15: Neither Weatherstock nor any of its directors, employees. owners, partners, agents or licensers shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use the CD or an Image.

16: In addition to any legal actions necessitated by a breach of this Agreement, Client agrees to full invoicing for any misuses, plus penalties of up to 300 percent of the normal Weatherstock fees for such uses may be billed. In such cases, any and all such fees and/or penalties shall be paid, in full, within 30 days.

17: Should the Client or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, the Client agrees to indemnify and hold Weatherstock harmless for all such fees and costs.

18: I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

19: This Agreement shall be governed by the laws of the State of Arizona (or the State in which Weatherstock is legally residing). Venue for any action regarding this Agreement, an Image, or use or attempted use of the CD shall be in Tucson, Arizona (or the City in which Weatherstock is legally residing).

If you are unsure of your rights under this agreement, or if you wish to use an image in a manner not permitted under this agreement, please contact Weatherstock at PO Box 31808, Tucson, AZ 85751, or e-mail to: jm3@weatherstock.com.

Weatherstock Photo-CD End-User License Agreement For School Use

SAVE THESE DOCUMENTS

1: The following is a legal agreement between you (the "Client") and Weatherstock Inc. PLEASE READ THIS LICENSE CAREFULLY. By breaking the seal on the CD packaging, placing the CD in your computer, or by your use of any Image, you agree the CD is considered purchased and used, and you agree to be bound by all terms in this Agreement.

The price of your CD includes the following rights and restrictions. You do not have to notify Weatherstock of any usage, nor pay any additional reproduction fees, as long as your specific use is legally granted within this Agreement.

2: The word "Image(s)" shall refer to all photographic Images, original, modified, or any part of any Image, contained on the Weatherstock Photo-CD hereafter called the "CD."

3: The Images and the CD are Copyrighted. All rights are owned by Weatherstock. All rights not specifically granted to you by this Agreement are reserved. Your right to use an Image is subject to the restrictions set fourth in this Agreement. No use or rights granted what-so-ever until full (non-refundable) payment is received by Weatherstock for this CD.

4: By this Agreement, Weatherstock grants to you a personal, non-exclusive, non-transferable right to use the Images from the CD in the following, and only the following ways: (Subject to other restrictions herein).

(A) Print Uses: Any printing for school projects. Use by the licensed Client ONLY. Student or teachers (Licensed Client) cannot loan the CD or the pictures to any third party (with the exception of students in the same household or classroom). Teaches may use the CD for "in class projects," but the CD CANNOT be loaned to other teachers.

(B) Internet Uses: For use on a school computer or website ONLY. Any school Internet use is restricted to those pages with NO commercial affiliations (including banners) what-so-ever. Images MAY NOT be used in, or to promote school charities, year books or for any money making function without expressed permission from Weatherstock. Internet use is limited to files no larger than 72 dpi.

Restrictions:

5: "Non-transferable," as used in Paragraph 4, means that the work you produce using an Image must be for Client use only, as noted. You may not sell, rent, loan, give, sub license, or otherwise transfer to anyone either the CD or an Image, or the right to use the CD or an Image (except insofar as an Image has been incorporated by you into one of the permitted uses as noted in Paragraph 4 of this Agreement), and nothing you produce shall grant or purport to grant any third party a right to use or duplicate an Image. Under no circumstances, may the CD be used outside the home or school, including personal use or personal homepage use or for any commercial, promotional or business related use.

6: Images may not be reproduced or otherwise used for any commercial, promotional or business use what-so-ever, including, re-sale as photographic prints, screen savers, clothing, posters, postcards, artwork or any other reproduction, printing or computer method where the purpose is to sell the Image as a product. (Please contact Weatherstock to extend such rights. In most cases we will grant such extended rights at little or no extra charge). Images may not be re-sold as "stock" images." The Client may not devise any "loophole" or other method to circumvent the use restrictions herein.

7: You agree to take all necessary reasonable steps to prevent third parties from copying or distributing the Images.

8: The CD and pictures may not be used in any multi-user network, time share, library, file, service bureau or any system where it can be used by more than one person at a time, with the execption of use in the classroom of the license holder. The Client may not post or otherwise offer the CD or any picture as a raw download (not contained in the body of an actual, legitimate use intended for viewing only), or as "free" or "raw" download to third parties.

9: Defamatory or otherwise unlawful use of any Image is prohibited. Images may not be used for any inflammatory or defamatory purpose, including editorials or statements against Weatherstock, it's agents, representatives or Warren Faidley. In the event of defamatory or otherwise illegal use of any Image, the Client agrees to pay a fee of 500 times our normal rates in addition to any legal actions. Clients who use a CD for a purpose not granted under the specific license, shall be responsible for the full payment of $249.00 plus a $300.00 service fee at the discretion of Weatherstock. In addition, any such abuse or misuse may be deemed as copyright or criminal copyright violations and Weatherstock reserves the right to take legal actions. All Images are watermarked for security.

10: For Client protection and the protection of our copyrights, the following credit line must be used on printed materials or for Internet uses: ©Warren Faidley/Weatherstock.com. For Internet uses, the picture should serve as an active html address for weatherstock.com when clicked and a copyright notice must be maintained on the actual image.

Warranty and refund policy:

11: All CD's are guaranteed against defects in material and workmanship under normal use and condition, for a period of (30) thirty days from purchase.

12: All registration cards must be returned within (30) days. (Client failure to return the registration card shall not alter this Agreement in any way).

13: Refund and replacement policy: Refund policy: All sales are final! Furthermore, the Client agrees not to request a credit card refund or credit. In such events, the client agrees to pay a $150.00 service fee. Any use of the CD requires full payment. Refunds initiated by the Client and not granted by Weatherstock, do not exempt the Client from US Copyright violations since any use (as noted in no 1) requires a non-refunded payment. Replacement CD's (for any license) are available for $19.95 plus $6.00 S&H. Only registered CD's can be replaced.

Liability

14: You agree to indemnify and hold Weatherstock harmless against any damages or liability of any kind arising from any use of an Image other than the uses specifically permitted by this Agreement.

15: Neither Weatherstock nor any of its directors, employees. owners, partners, agents or licensers shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use the CD or an Image.

16: In addition to any legal actions necessitated by a breach of this Agreement, Client agrees to full invoicing for any misuses, plus penalties of up to 300 percent of the normal Weatherstock fees for such uses may be billed. In such cases, any and all such fees and/or penalties shall be paid, in full, within 30 days.

17: Should the Client or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, the Client agrees to indemnify and hold Weatherstock harmless for all such fees and costs.

18: I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

19: This Agreement shall be governed by the laws of the State of Arizona (or the State in which Weatherstock is legally residing). Venue for any action regarding this Agreement, an Image, or use or attempted use of the CD shall be in Tucson, Arizona (or the City in which Weatherstock is legally residing).

If you are unsure of your rights under this agreement, or if you wish to use an image in a manner not permitted under this agreement, please contact Weatherstock at PO Box 31808, Tucson, AZ 85751, or e-mail to: jm3@weatherstock.com.

Weatherstock Photo-CD End-User License Agreement For Personal and Personal Homepage Use

SAVE THESE DOCUMENTS

1: The following is a legal agreement between you (the "Client") and Weatherstock Inc. PLEASE READ THIS LICENSE CAREFULLY. By breaking the seal on the CD packaging, placing the CD in your computer, or by your use of any Image, you agree the CD is considered purchased and used, and you agree to be bound by all terms in this Agreement.

The price of your CD includes the following rights and restrictions. You do not have to notify Weatherstock of any usage, nor pay any additional reproduction fees, as long as your specific use is legally granted within this Agreement.

2: The word "Image(s)" shall refer to all photographic Images, original, modified, or any part of any Image, contained on the Weatherstock Photo-CD hereafter called the "CD."

3: The Images and the CD are Copyrighted. All rights are owned by Weatherstock. All rights not specifically granted to you by this Agreement are reserved. Your right to use an Image is subject to the restrictions set fourth in this Agreement. No use or rights granted what-so-ever until full (non-refundable) payment is received by Weatherstock for this CD.

4: By this Agreement, Weatherstock grants to you a personal, non-exclusive, non-transferable right to use the Images from the CD in the following, and only the following ways: (Subject to other restrictions herein).

(A) Print Uses: Any printing for personal use only. Use by the licensed client ONLY. The Client cannot loan the CD or the pictures to any third party (with the exception of family members in the same household).

(B) Internet Uses: For personal website use ONLY. Any and all Internet use is restricted to those pages containing NO commercial affiliations, banners, etc., what-so-ever. An exception is made for those webpages where the Internet service provider may have advertising or banners. However, the Images may not be used directly to promote or direct any service or business. All Internet uses must be credited as noted in no 10. Internet use is limited to files no larger than 72 dpi.

(C) Licensing rights for the personal license include all educational uses granted under that separate agreement.

Restrictions:

5: "Non-transferable," as used in Paragraph 4, means that the work you produce using an Image must be for personal use only, as noted. You may not sell, rent, loan, give, sub license, or otherwise transfer to anyone either the CD or an Image, or the right to use the CD or an Image (except insofar as an Image has been incorporated by you into one of the permitted uses as noted in Paragraph 4 of this Agreement), and nothing you produce shall grant or purport to grant any third party a right to use or duplicate an Image. Under no circumstances, may the CD be used for any commercial, promotional, organizational, group or business-related use what-so-ever.

6: Images may not be reproduced or otherwise used for any commercial, promotional or business use what-so-ever, including promotions of occupations, charities or personal services, non-profit use (requires commercial license), re-sale as photographic prints, screen savers, clothing, posters, postcards, artwork or any other reproduction, printing or computer method where the purpose is to sell the Image as a product or promote a business or service. (Please contact Weatherstock to extend such rights. In most cases we will grant such extended rights at little or no extra charge). Images may not be re-sold as "stock" images." The Client may not devise any "loophole" or other method to circumvent the use restrictions herein.

7: You agree to take all necessary reasonable steps to prevent third parties from copying or distributing the Images.

8: The CD and pictures may not be used in any multi-user network, time share, library, file, service bureau or any system where it can be used by more than one person at a time. The Client may not post or otherwise offer the CD or any picture as a raw download (not contained in the body of an actual, legitimate use intended for viewing only), or as "free" or "raw" download to third parties.

9: Defamatory or otherwise unlawful use of any Image is prohibited. Images may not be used for any inflammatory or defamatory purpose, including editorials or statements against Weatherstock, it's agents, representatives or Warren Faidley. In the event of defamatory or otherwise illegal use of any Image, the Client agrees to pay a fee of 500 times our normal rates in addition to any legal actions. Clients who use a CD for a purpose not granted under the specific license, shall be responsible for the full payment of $249.00 plus a $300.00 service fee at the discretion of Weatherstock. In addition, any such abuse or misuse may be deemed as copyright or criminal copyright violations and Weatherstock reserves the right to take legal actions. All Images are watermarked for security.

10: For Client protection and the protection of our copyrights, the following credit line must be used on printed materials or for Internet uses: ©Warren Faidley/Weatherstock.com. For Internet uses, the picture should serve as an active html address for weatherstock.com when clicked and a copyright notice must be maintained on the actual image.

Warranty and refund policy:

11: All CD's are guaranteed against defects in material and workmanship under normal use and condition, for a period of (30) thirty days from purchase.

12: All registration cards must be returned within (30) days. (Client failure to return the registration card shall not alter this Agreement in any way).

13: Refund and replacement policy: Refund policy: All sales are final! Furthermore, the Client agrees not to request a credit card refund or credit. In such events, the client agrees to pay a $150.00 service fee. Any use of the CD requires full payment. Refunds initiated by the Client and not granted by Weatherstock, do not exempt the Client from US Copyright violations since any use (as noted in no 1) requires a non-refunded payment. Replacement CD's (for any license) are available for $19.95 plus $6.00 S&H. Only registered CD's can be replaced.

Liability

14: You agree to indemnify and hold Weatherstock harmless against any damages or liability of any kind arising from any use of an Image other than the uses specifically permitted by this Agreement.

15: Neither Weatherstock nor any of its directors, employees. owners, partners, agents or licensers shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use the CD or an Image.

16: In addition to any legal actions necessitated by a breach of this Agreement, Client agrees to full invoicing for any misuses, plus penalties of up to 300 percent of the normal Weatherstock fees for such uses may be billed. In such cases, any and all such fees and/or penalties shall be paid, in full, within 30 days.

17: Should the Client or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, the Client agrees to indemnify and hold Weatherstock harmless for all such fees and costs.

18: I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

19: This Agreement shall be governed by the laws of the State of Arizona (or the State in which Weatherstock is legally residing). Venue for any action regarding this Agreement, an Image, or use or attempted use of the CD shall be in Tucson, Arizona (or the City in which Weatherstock is legally residing).

If you are unsure of your rights under this agreement, or if you wish to use an image in a manner not permitted under this agreement, please contact Weatherstock at PO Box 31808, Tucson, AZ 85751, or e-mail to: jm3@weatherstock.com.