License Agreements

All of the content on FIOLEX GRAPHICS, including, but not limited to, software, images, text, audio and video is owned by FIOLEX and/or the appropriate Copyright owner. All elements and contents of the Website are protected by international copyright, trade dress and other laws based on intellectual property rights and subject to the terms and conditions of this License Agreement.

BY PURCHASING, DOWNLOADING AND/OR USING PRODUCTS AND SERVICES FROM FIOLEX GRAPHICS, INCLUDING, BUT NOT LIMITED TO, SOFTWARE, IMAGES, AUDIO AND VIDEO, YOU AGREE TO ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. THIS LICENSE AGREEMENT SUBJECT TO OUR GENERAL TERMS AND CONDITIONS.

GENERAL TERMS AND CONDITIONS

All products published under the name "FIOLEX", including, but not limited to, software, images, video and audio, are own creations or licensed products of FIOLEX and are protected by international copyright and other laws based on intellectual property rights. All third party products published and/or offered on FIOLEX GRAPHICS are property of the respective authors and are also protected by international copyright and other laws based on intellectual property rights. By acquiring a product, the user/buyer has the right to use the same in accordance with the license terms valid for the respective product. Every product contains a note about the license model valid for it. If not otherwise defined, the default license type for each product is PRIVATE USE (PR).

Any use of a product to purposes that do not comply with or exceed the terms, needs the explicit, written permission of FIOLEX and/or the corresponding authors.

ALL THE CONTENTS OF THIS WEBSITE MUST BE USED IN COMPLIANCE WITH ALL APPLICABLE LAWS. THE USE, DISPLAY OR DISTRIBUTION OF ALL CONTENTS, PRODUCTS AND SERVICES OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, SOFTWARE, IMAGES, AUDIO AND VIDEO, FOR ANY UNLAWFUL PURPOSES AND/OR TOGETHER WITH PORNOGRAPHIC, OBSCENE, RACIST, DISCRIMINATING, DEFAMATORY OR ABUSIVE MATERIAL, OR WITH MATERIAL DISPLAYING PREJUDICE BASED ON ETHNIC HERITAGE, RACE, RELIGION, SEXUAL ORIENTATION OR AGE IS STRICTLY PROHIBITED.

PRIVATE USE (PR) - LICENSES FOR PERSONAL USE

If not otherwise defined, and specifically for products provided for free, the default license type is PRIVATE USE (PR).

Products licensed as PRIVATE USE are exclusively for private use only. With the acquisition or free receipt of these products the user/buyer has the right to use the same ones freely for non commercial purposes. FIOLEX grants to the user/buyer a limited, non-exclusive and non-transferable license to use such products in accordance with this license agreement. FIOLEX and/or the Copyright owner retains sole and exclusive ownership and all intellectual property rights to their respective products. The products shall not be copied (unless for personal purposes), shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part without explicit permissions and/or agreements from/with FIOLEX and/or the Copyright owner. The terms of use may vary from product to product. See also Special Terms on how to use our graphics on your Website.

ROYALTY FREE (RF) - USER LICENSES WITH RESTRICTED PRIVILEGES

ROYALTY FREE licenses will be offered usually on images, audio and video, for a one-time payment of a royalty on a non-exclusive basis regardless of the occupancy (private or commercial), utilization or any other criteria.

USE, RIGHTS AND DUTIES

All products, including, but not limited to, software, images, video, audio and any other media and content in any form delivered to Customer ("Licensee") by FIOLEX, whether via CD-ROM, by download from the FIOLEX Website or otherwise ("licensed material"), are licensed, not sold, to Licensee by FIOLEX for use in accordance to the terms of this Agreement. FIOLEX and/or the appropriate Copyright owner shall have and retain all rights, title and interest, and Intellectual Property Rights in and to all licensed material. Licensee shall have all rights, titles and interests, and Intellectual Property Rights in and to all products and derivative works created with licensed material in accordance to the terms of this Agreement. Licensee has the non-exclusive, non-transferable, non-sublicensable right to copy, reproduce, transmit, display, alter, crop and manipulate the licensed material (including the right to create derivative works) an unlimited number of times in any and all media for the following purposes:

> Advertising and promotional materials Publications
> Publikationen, Artwork und Produktgestaltung
> Artwork and Product Design Multimedia-, Web- and Screendesign
> Any other use approved in writing by FIOLEX

Licensee's rights to the licensed material are worldwide and perpetual on a non-exclusive basis. Licensee may sell or license derivative works and products incorporating licensed material in accordance with the permitted uses and terms, so far as a) the Licensee's customer can't extract or access the licensed material as such and b) the licensed material is not the main component of Licensee's derivative work or product. Examples of not allowed use, without prior written permission and/or special agreements from/with FIOLEX:

> Creation and sale of clipart libraries with licensed clipart
> Compilation and sale of image collections with licensed images
> Providing of licensed material online in a downloadable format
> Sale of products with licensed material as main component, e.g. greeting cards, calendar, coloring books, merchandising products etc.

For such projects, the Licensee usually has to purchase a RIGHT MANAGED License.

Restrictions

The Digital Media may not be used in a pornographic, defamatory, libelous or otherwise illegal manner, whether directly or in context or juxtaposition with other materials. Digital Media shall not be incorporated into a logo, trademark or service mark. Licensee may not sublicense, sell, assign, convey or transfer any of its rights under this Agreement

Special note: using images with illustrations of individuals:

If an image featuring a person is used in a manner that implies endorsement, use of, or a connection to a product or service by that model, or a potentially unflattering or controversial subject, the licensee must print a statement, which indicates that the person is a model and is used for illustrative purposes only.

WARRANTIES / LIABILITY

FIOLEX grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any licensed material, and Licensee must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained

FIOLEX may terminate the license contained in this Agreement immediately without prior notice, if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately stop using the respective material, and destroy, delete or remove all such material from Licensee's computer systems and storage, electronic or physical.

FIOLEX reserves the right to revoke the license to use the material for good cause and elect to replace such material with alternative material. Upon notice of any revocation of a license for any particular material, Licensee shall immediately cease using such material and shall ensure that its clients and customers do likewise.

FIOLEX warrants the licensed material to be free from defects in material and workmanship for 30 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the respective material.

FIOLEX MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LICENSED MATERIAL, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER FIOLEX NOR ITS MANAGER, EMPLOYEES, LICENSORS, PARTNER, AFFILIATES, AGENTS, DISTRIBUTORS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF DATA OR PROFITS, ARISING OUT OF YOUR USE OF, YOUR INABILITY TO USE, OR THE PERFORMANCE OR THE CONTENT OF THE LICENSED MATERIAL, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IN THE EVENT OF NEGLIGENCE. OUR ENTIRE LIABILITY IS LIMITED, WITHOUT EXCEPTION, TO THE REIMBURSEMENT OF THE AMOUNT PAYED BY YOU TO US FOR THE LICENSED MATERIAL. SOME US STATES AND OTHER COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR CERTAIN KIND OF DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

RIGHT MANAGED (RM) - CLIENT- AND PROJECT-RELATED LICENSES

RIGHT MANAGED (RM) licenses are custom licenses allocated to clients for a specified project. They may, but don't have to be issued on an exclusive basis for a particular geographical zone, periode and determined product category. In the same way, licensed works can be tailored to the customer's needs.

RIGHT MANAGED licenses provide broad rights within the agreed terms. RIGHT MANAGED licenses are granted on a case to case basis and established contractually in consultation with the client. The rights of use and fees are based on the respective project, purpose, print run, area of circulation, duration etc..

Examples for the use of RIGHT MANAGED licenses are:

> Creation of logos or trademarks
> Use of exclusive graphical material for advertising campaigns
> Design of products such as painting books, cards or merchandise with the use of licensed graphical material as the main element > Integration of licensed cliparts and images into personal collections
> Marketing of licensed pictures under own label
> Software licenses for bundling with own products (e.g. cameras, printer or Clipart and images libraries)

If you are interested in a specific use or licensing of our images or collections, please contact us at salesp@fiolex.net. We would like to advise you personally and submit you an offer which meets your needs.

SPECIAL TERMS OF USE

FREE DOWNLOAD SERVICES

All products and services provided for free downloading, including, but not limited to, software, images, video and audio, are subject to our General License Terms and Conditions and the Terms for PRIVATE USE (PR).

You may freely download, use, copy and share with friends all software, image, video, audio and other contents of our FREE download services, in accordance with our Copyright and License Agreements. Commercial Use is not allowed without written permission of FIOLEX.

USE OF FIOLEX GRAPHICAL MATERIAL ON OWN WEBSITES

You may use purchased or free graphical material of FIOLEX to improve your private Website. If you make use of our free graphics we ask you to place a link to our Website (see LINKS). This link may be on a separate link page.

When using FIOLEX graphical material on your Website you have to copy the files to your server first and then embed them in your Website. Direct links to graphical material on our servers are not allowed.

Commercial Websites are subject to individual Terms.

PROVIDING OF FIOLEX GRAPHICAL MATERIAL FOR DOWNLOADING

The providing of FIOLEX graphical material for downloading on own Websites is not allowed without the prior explicit permission of FIOLEX and/or the corresponding authors. These terms are valid for private as well as for commercial Websites, and namely for

a) any kind of graphical material published on FIOLEX GRAPHICS for free or for sale, regardless of the respective author
b) any kind of FIOLEX graphical material obtained through other channels or acquired on digital storage mediay

Graphical material of FIOLEX, its partners, licensors or other authors, may be provided for downloading on private or commercial Websites, if

a) a written consent or license of FIOLEX or the respective author was obtained in advance
b) the provided images are part of a product that gives explicit permission for downloading under special terms

Please contact us, if you would like to provide FIOLEX graphical materials for downloading on your Website.

USE OF FIOLEX GRAPHICAL MATERIAL AS E-CARDS ON OWN WEBSITES

The use and embedding of FIOLEX graphical material as E-cards on own Websites is not allowed without prior explicit permission of FIOLEX and/or the respective authors (individual licensing terms may apply). These terms are valid for private as well as for commercial Websites, and namely for

a) any kind of graphical material published on FIOLEX GRAPHICS for free or for sale, regardless of the respective author
b) any kind of FIOLEX graphical material obtained through other channels or acquired on digital storage media

Graphical material of FIOLEX, its partners, licensors or other authors, may be used as E-cards on private or commercial Websites, if

a) a written consent or license of FIOLEX or the respective author was obtained in advance
b) the images being used are part of a product that gives explicit permission for use as E-cards under special terms

Please contact us, if you would like to use FIOLEX graphical material as E-cards.

LINKS TO FIOLEX

Links to our Website are welcome, as follows:

1) Links must be set up to our main page http://www.fiolex.graphics - direct links to subpages, products, images, download or other files and contents are not allowed without prior permission
2) The linked FIOLEX Website must be loaded in a separate window - the display within own frames is not allowed without prior permission
3) LINKS FROM WEBSITES WITH ILLEGAL AND/OR IMMORAL CONTENTS ARE DEFINITIVELY NOT ALLOWED (see Compliance with Laws)

MISCELLANEOUS

In some cases, the License Terms and Conditions above may be partially replaced or complemented with product specific License Terms.

FIOLEX and/or the appropriate Copyright owner shall have and retain all rights, title and interest, and Intellectual Property Rights in and to all licensed products.

FIOLEX reserves the right to change these terms and conditions any time. Should any clause of this agreement become inoperative, this will not affect any other clause, and each of these will remain in full force and effect. This agreement is subject to our General Terms and Conditions.

This agreement is governed by Swiss statutes and laws, without reference to its laws relating to conflicts of law. Venue for all disputes concerning this agreement shall lie exclusively in the courts of Baden, Switzerland.




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