BOINK! License

Website Comp-Use Agreement
BOINK! Photography Images

1. IMPORTANT! PLEASE READ THIS

Welcome to the BOINK! Photgraphy Web Site. This is a legal agreement between you and BOINK! Photography, Inc., ("BOINK!"). Read the following terms and conditions before you download any image from this web site. By downloading an image from this website you agree to be bound by the terms of this agreement. BOINK! reserves the right to change these guidelines at
any time.

The BOINK! Web Site may contain links to other web sites. The existence of links does not imply BOINK!'s endorsement of that site. BOINK! is not responsible for the content on linked web sites.

2. GENERAL

Images on this web site are owned by BOINK! Photoraphy, Inc. and their respective authors and are protected by United States copyright laws and international treaty provisions. You have limited rights to use the images on the web site as described below. For additional rights to an image you must license it's use or purchase the CD-ROM(s) on which it resides and accept all of the terms and conditions of the applicable BOINK! License Agreement located on this web site or packaged with the CD-ROM(s).

BOINK! retains all rights not expressly granted by this agreement. The license contained in this agreement will terminate automatically without notice from BOINK! if you fail to comply with any provision of this agreement. Upon termination, you must immediately stop using the image and destroy or return all copies from magnetic/optical media to BOINK!, Inc. Your use of any BOINK! Image must be in compliance with all applicable law, including but not limited to the law of moral rights.

Use, duplication or disclosure of a BOINK! Image by the United States is subject to "Restricted Rights," as that term is defined in the Department of Defense Supplement to the Federal Acquisition Regulations ("FAR"), and to paragraph 52.227-19©(2) of the FAR.

3. LIMITED RIGHTS

BOINK! grants you, the individual user of this web site, the non-exclusive and non-transferable right to copy a BOINK! Image on one computer for one user at a time for COMP USAGE and BROWSING only. Comp Usage is defined as the creation of a 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 outside of your company or to the public, including any online or other electronic distribution system (except you may transmit comps digitally or electronically to your clients for their review) and may not be sold or sublicensed alone or as part of any product.

Image usage that may be deemed to be defamatory, libelous, pornographic, obscene and/or immoral is expressly prohibited. The BOINK! Images from the web site may not be used for any other purpose unless you have licensed the use of the BOINK! Image(s) or have purchased the appropriate BOINK! CD-ROM(s) and have accepted all of the terms of the corresponding BOINK! License Agreement, copies of which are located on this web site for your review. We encourage you to read the BOINK! License Agreements, which describe all rights provided with BOINK! images.

4. LIMITATION ON WARRANTIES AND LIABILITY

THE IMAGES AND INFORMATION YOU FIND ON THIS WEB SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH BOINK! AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

5. JURISDICTION

This Agreement will be governed by the laws for the State of New Hampshire, USA. without regard to it's conflicts of laws rules. 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.

TRADEMARKS

BOINK!, BOINK! Photography are registered trademarks of BOINK! Photography, Inc. registered in the United States and other countries. All other trademarks are owned by their respective owners.