Dear NetObjects Fusion Licensee:
United States and international copyright laws and treaties protect all NetObjects Images. NetObjects owns all rights, including the copyrights in and to the Images. NetObjects reserves all rights in and to the Images not expressly granted to you by the terms of this Agreement. Your rights to use any Image are subject to this Agreement and are conditioned upon you possessing a valid license to use the NetObjects Fusion software application.
By this Agreement, NetObjects grants you a personal, non-exclusive, right, throughout the world, in perpetuity, to use and reproduce Images, subject to the limitations set forth herein. You may transfer Images to a third party as part of Websites you design that incorporates the Images.
This Agreement grants you the right to:
Incorporate Images in your Website designs;
Incorporate Images into advertising materials;
Use Images in the artwork for the packaging of any product;
Incorporate Images on letterhead and business cards, pamphlets, brochures, and catalogs provided that Images are not used as a logo or trademark;
Use Images for a purpose not described by any of the above but pertaining to the manufacture, resale and distribution of a product so long as such product does not violate any other clause hereunder.
YOU MAY NOT:
Use an Image in such a manner that it infringes upon any third party's trademark or other intellectual property.
Offer the Images for sale, or otherwise distribute or make Images available for distribution to third parties.
Use an Image for pornographic, unlawful or other immoral purposes, for spreading hate or discrimination, or to defame or victimize other people, societies, cultures.
Use an Image as part of a trademark, service mark or logo.
NetObjects grants no rights and makes no representations or warranties with respect to the use of any names, trademarks, service mark, logotypes, copyrighted designs or works of art or architecture depicted in any image. It is your responsibility to assure that all necessary rights, consents, or permissions that may be required for your use of any Images are obtained.
THE IMAGES ARE PROVIDED "AS IS". WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES LICENSED UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NETOBJECTS DOES NOT REPRESENT OR WARRANT THAT THE IMAGES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
NETOBJECTS SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE IMAGES.
This Agreement is a contract, which shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. The United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect this Agreement. You hereby consent to the personal jurisdiction of the state and federal courts located in Pennsylvania. The invalidity or unenforceability of any part of this Agreement shall not affect the validity or enforceability of the balance hereof.