|HawaiianSunsets.com Standard License Agreement.
THIS LICENSE AGREEMENT controls your right to use any image(s) purchased, ordered or downloaded either directly or indirectly from HawaiianSunsets.com for general purposes. You agree to be bound by the terms hereof by purchasing, ordering or downloading any image(s) either directly or indirectly from HawaiianSunsets.com.
IN CONSIDERATION of the payment of the fees stated for purchasing, ordering or downloading one or more photographic images from HawaiianSunsets.com web site or otherwise (copyright and royalty free images from Hawaii), and in further consideration of your acceptance of the provisions of this agreement, HawaiianSunsets.com hereby grants you a personal, nontransferable, nonexclusive right to use such images subject to the following terms and conditions:
USE: You are licensed to use the image(s) worldwide, with no limit on the number of times used, for your Unlimited Personal Use of the images in a wide variety of applications, graphics, web pages, multimedia, letterheads, screen savers, desktop images, wallpaper, personal prints, etc., similar to most clip art. Your license agreement allows you to use the image(s) over and over again in your own Personal projects. Not for commercial purposes, publication, reproduction, repackaging, sale, or resale. The image(s) itself (themselves) may not be copied, distributed or used other than as set forth above. Under no circumstances shall the image(s) be used for pornographic, libelous, defamatory or any other improper or illegal purposes.
OWNERSHIP: All rights to the image(s) are owned by HawaiianSunsets.com and are protected by United States copyright laws, international treaties and other applicable laws. HawaiianSunsets.com retains any and all rights, titles and interests not expressly granted by this license agreement. You may not transfer, assign or sublicense the image(s). Any attempt to transfer or assign this license, shall automatically terminate this license.
USER WARRANTIES: You warrant that you will take all necessary steps to prohibit and prevent duplication or further distribution of the image(s).
HawaiianSunsets.com WARRANTIES: that the digital image(s) and the CD-ROM or DVD disks they are stored on are free from defects in material and workmanship for thirty (30) days from the time of purchase, download or delivery. Your sole and exclusive remedy for a breach of this warranty is image or disc replacement or substitution.
HAWAIIANSUNSETS.COM MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not permit the exclusion of implied warranties and you may have other rights which vary from state to state.
DAMAGES: HawaiianSunsets.com shall not be liable for any general, special, direct, indirect, incidental or consequential damages arising out of the license and use of the image(s) or discs the said images are stored upon.
NOTICES: Any notices or requests to HawaiianSunsets.com may be addressed to the company at: 2401 PuuMala pl., Kihei, HI 96753, or by e-mail addressed to webmaster@HawaiianSunsets.com.
TERMINATION: This agreement shall terminate upon violation of any of its provisions. Upon termination you must immediately stop using the image(s), delete all copies of such image(s) from your computer and all magnetic media.
GOVERNING LAW: This agreement shall be controlled by The United States and Hawaii law and venue for any disputes arising hereunder shall be brought in the courts in Honolulu, Hawaii, USA.
EDITORIAL USAGE: With use of the Image(s) HawaiianSunsets.com requests that publishers provide either of the following credits with the image; "© John Warford" or "© HawaiianSunsets.com".
YOUR PURCHASING ORDERING OR DOWNLOADING OF ANY IMAGE(S) FROM HAWAIIANSUNSETS.COM EITHER DIRECTLY OR INDIRECTLY CONSTITUTES YOUR CONSENT TO AND ACCEPTANCE OF THE FOREGOING IMAGE LICENSE.