FORESTRY SUPPLIERS, INC. LICENSE TO USE PROPRIETARY ASSETS
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1 Forestry Suppliers, Inc. for the listed Asset(s) only grants the reproduction rights below. Any other use of an Asset is in violation of copyright laws. If you have any questions regarding these rights, or need additional usage rights, please contact Forestry Suppliers, Inc. at , extension 601. License Number: Issue Date: Aug 18, 2011 To: Project Name: FSI Contact: Restrictions: Kasey. Montgomery Monolithic Contructors 177 Dome Park Place Italy TX Web Site Customer Number David Fogarty Extension 601 Image(s) may be accompanied by an identifying cutline, e.g.: Photo Courtesy Forestry Suppliers, Inc. Used by permission , or Forestry Suppliers, Inc , and should be at least 4 points in height for print applications and 7 pixels high for web/internet applications. In lieu of individual cutlines, a general statement within the copyright notice(s) of print or internet publication(s) must include the statement: Photos courtesy Forestry Suppliers, Inc. Used by permission Links to the Forestry Suppliers, Inc. web site home page are permitted. Please refer links to: Subject to the Terms and Conditions as set forth on the last page of this License. 3167_53715_p1.jpg Hubbard #548 Screen Six Sieve Set 3168_53716_p1.jpg Hubbard #3076 Screen Four Sieve Kit 7489_53636_p1.jpg Stainless Steel Mesh Sieve Set Page 1
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5 TERMS AND CONDITIONS OF USE OF ASSETS THIS IS A LEGAL AGREEMENT BETWEEN YOU AND FORESTRY SUPPLIERS, INC. READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU COPY OR USE ANY IMAGE. BY COPYING ANY ASSET FROM THIS CD (IF APPLICABLE) OR THE FORESTRY SUPPLIERS OR PECO SALES WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THE ASSET USAGE SPECIFICATIONS LISTED ABOVE. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AND TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT AND YOUR RIGHTS UNDER THIS AGREEMENT WILL BE TERMINATED. Forestry Suppliers, Inc. grants a nonexclusive (unless stated otherwise in the above License(s) to Use) non-sublicensable right to use the Assets you have selected and any derivatives or copies (collectively, the "Asset") to the extent explicitly stated in the above License(s) to Use. 1. Definitions Terms means the terms and conditions set out herein. License to Use is the document above which grants you limited Reproduction rights in the specified Asset. Reproduction includes any form of copying or publication of the whole or part of any Asset whether by printing, slide projection (whether or not to an audience), electronic, digital or mechanical means, use as a reference by an artist or in an artist's illustration or by any other means. Reproduction further includes the copying or distortion or manipulation of the whole or part of the Asset (for example, by computer, electronically, digitally by an artist or by any other means), even though the resulting Asset may not appear to a reasonable person to be derived from the original Asset. 2. Copyright Issues No ownership or copyright in any Asset shall pass to you by the issue of a License to Use with respect to the Asset. You must provide copyright protection for any Asset you download from this CD (if applicable) or web site. Such copyright shall be immediately assigned to Forestry Suppliers, Inc. upon request. Unless otherwise agreed in writing, if any Asset reproduced by you for editorial purposes (i.e., for any nonpromotional purpose) omits the credit line " 2011 Forestry Suppliers, Inc.", or any other credit line specified by Forestry Suppliers, Inc., this license shall be revoked immediately pursuant to a written request by Forestry Suppliers to Cease and Desist any and all material(s) displaying or exhibiting any form of the Asset(s). 3. Warranty and Limitation of Liability Forestry Suppliers, Inc. warrants the digital copy of the Asset in the form downloaded by you to be free from defects. Forestry Suppliers, Inc. MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER FORESTRY SUPPLIERS, INC. NOR ITS LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, LOST PROFITS OR OTHER DAMAGES ARISING OUT OF THIS LICENSE OR OTHERWISE. 4. Nature and Extent of License REPRODUCTION RIGHTS ARE STRICTLY LIMITED TO THE USE, MEDIUM, PERIOD OF TIME, PRINT RUN, PLACEMENT, SIZE OF ASSET, TERRITORY AND ANY OTHER RESTRICTIONS SPECIFIED ON THE ABOVE LICENSE TO USE. USE OF AN ASSET IN A MANNER NOT SPECIFICALLY AUTHORIZED BY THE LICENSE TO USE CONSTITUTES AN INFRINGEMENT OF FORESTRY SUPPLIERS, INC.'S PROPRIETARY RIGHTS AND WILL SUBJECT YOU TO INFRINGEMENT DAMAGES. USE OF AN ASSET IN A MANNER WHICH IS CONTRARY TO A RESTRICTION STATED IN THE LICENSE TO USE IS PROHIBITED AND ALTERATION OF AN ASSET IS ONLY ALLOWED WHERE NOT STRICTLY PROHIBITED BY A FORESTRY SUPPLIERS, INC. PHOTOGRAPHER. FORESTRY SUPPLIERS, INC.'S LICENSE TO USE AN ASSET ON OR IN A PRODUCT DOES NOT GRANT YOU THE RIGHT TO USE THAT ASSET IN ANY MANNER, DIRECTLY OR INDIRECTLY (SUCH AS IN ANY ASSET OR ILLUSTRATION OF SUCH PRODUCT) IN THE ADVERTISING OF SUCH PRODUCT UNLESS THAT RIGHT IS ALSO SPECIFICALLY GRANTED. PORNOGRAPHIC, DEFAMATORY, LIBELOUS OR OTHERWISE UNLAWFUL USE OF AN ASSET IS STRICTLY PROHIBITED. 5. License Not Assignable Reproduction rights granted to you may not be assigned. They are personal to you or your employer. 6. Model and Property Releases and Consents No valid model release or other valid release exists for any Asset unless the existence of such release is specified by Forestry Suppliers, Inc. in writing. 7. Miscellaneous Terms No variation of any of these Terms shall be effective unless agreed in writing by Forestry Suppliers, Inc. and you. No part of the content of Forestry Suppliers, Inc.'s catalogs or other advertising materials forms a part of these Terms. No action of Forestry Suppliers, Inc., other than an express written waiver, may be construed as a waiver of any clause of this agreement. In the event that Forestry Suppliers, Inc. waives any specific part of this agreement, such fact does not mean that any other part is waived. Should any clause of this agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect. In the event of any inconsistency between the printed terms contained herein and the terms contained on any purchase order sent by you or your employer, the terms of this agreement shall govern. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of Mississippi and the United States of America. Page 5
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