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TERMS AND CONDITIONS GARY W. PRIESTER — THE BLACK POINT GROUP, USA ATTENTION: THIS IS A LICENSE, NOT A SALE. THIS PRODUCT IS PROVIDED UNDER THE FOLLOWING LICENSE WHICH DEFINES WHAT YOU MAY DO WITH THE PRODUCT AND CONTAINS LIMITATIONS ON WARRANTIES AND/OR REMEDIES. IMPORTANT: READ CAREFULLY, BY DOWNLOADING AN ORDERED PRODUCT, OR RECEIVING AN IMAGE(S) ON CD DISC, YOU ARE AGREEING TO BIND YOUR COMPANY AND YOURSELF TO THE TERMS OF THIS AGREEMENT. A LICENSE TO USE THIS PRODUCT WILL NOT BE GRANTED UNLESS YOU AND YOUR COMPANY AGREE TO THE TERMS OF THIS AGREEMENT. DOWNLOADING THIS PRODUCT WILL BE AN IRREVOCABLE ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. LICENSE. GARY W. PRIESTER - THE BLACK POINT GROUP, USA grants you a ONE-TIME license to use the digitized photographic images in accordance with the terms of this License. The copyright and all other rights in the Images shall remain with GARY W. PRIESTER - THE BLACK POINT GROUP, USA. Additional uses must be requested in writing and/or can be negotiated at the time the image(s) is purchased. YOU MAY. Except as set out below, modify, publish and distribute the Images in any media. YOU MAY NOT. Copy the Images, except as permitted by this License. Create scandalous, obscene or immoral works using the Images. Redistribute, sell or publish the Images, as stock photography, or clipart, individually or in a collection. Use any of the Images related to identifiable individuals or entities in a manner that suggests their association with or endorsement of any product or service. Rent, lease, assign, or transfer the Images except as set out above. TERM. This License shall continue for as long as you use the Images. However, it will terminate if you fail to comply with any of its terms or conditions. You must agree, upon termination, to destroy all copies of the Images. The Limitations of Warranties and Liability set out below shall continue in force even after any termination. LIMITATIONS OF WARRANTIES AND LIABILITY. THE IMAGES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE IMAGES IS ASSUMED BY YOU. NEITHER GARY W. PRIESTER - THE BLACK POINT GROUP, USA SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE IMAGES. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. ATTRIBUTION: All images published in print or on the Internet must include a small attribution line: ©Gary W. Priester. GENERAL. This License is the entire agreement between us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of The United States of America. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect. PRICING. 1. 96 DPI Web-resolution images: $50.00 each. 300 DPI Print quality images: $75.00 each. 2. Images on CD Disk - $5.00 plus shipping. Standard US Postal delivery (3-5 days): $10.00. 2-Day RUSH $20.00 GARY W. PRIESTER - THE BLACK POINT GROUP, USA The GARY W. PRIESTER - THE BLACK POINT GROUP, USA Web Site will be focused exclusively on providing high quality, high resolution photographs. A large range of photographs are available that are not offered on this site. The images on the site will be updated on a regular basis. DELIVERY. IMAGES WHICH HAVE BEEN ORDERED MAY BE DELIVERED BY THE FOLLOWING METHODS. DOWNLOADING BY MODEM. SUPPLIED ON A CD FOR WHICH THERE WILL BE A CHARGE PER DISK PLUS SHIPPING SPECIAL DELIVERY OR COURIER BY QUOTATION.
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