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Two copies signed by the publisher are forwarded. Sign both, keep
one for your records, and send the other back to the publisher at
the address listed on the
"info sheet" that will accompany your license.
01. GENERAL TERMS
This license agreement is a legal agreement
between AIVENGO PRODUCTIONS INC.
(hereafter referred to as Licensor) and "Licensee" (hereinafter
referred to as Licensee).
On the following:
Licensor owns and distributes the photo images
(hereinafter "Product") produced
by Licensor. In accordance with this agreement, Licensor grants
Licensee a nonexclusive, non-sublicensing right to distribute
images on the website(s) he owns to his convenience without commercial
reselling or usage including, but not limited to
CD-ROM, diskette, paper printing or any other technology not specifically
mentioned in this document).
The copyrights and ownership rights of Licensor
to the Product will remain the exclusive property of Licensor
and Licensee shall have no right or authority to sell, transfer
or assign said rights in any way.
Licensee acknowledges that unauthorized reproduction
of copies of the licensed material may constitute a crime, and
that such actions may also result in a suit for damages, injunctive
relief, and attorney fees, pursuant to this agreement and to other
rights that the licensor may have.
It is understood, not withstanding any other
provisions of this agreement,
Licensor has the unequivocal right to obtain timely injunctive
relief to protect the proprietary rights of Licensor.
Licensee must provide a complete list of domains
in which material is to be used.
02. ACCEPTABLE USAGE
Licensee may use a limited number of images
for banners and web-page design elements.
Licensee agrees to use Product as "web
content" on up to five (5) domains owned by the Licensee.
1. {Domain 1}
2. {Domain 2}
3. {Domain 3}
4. {Domain 4}
5. {Domain 5}
All elements not used for banner usage or
web page design must be placed behind an Adult Verification Service,
or a pay site membership system or other form of membership-only-access-system.
03. UNACCEPTABLE USAGE
Licensee acknowledges that defamatory, libelous
or otherwise unlawful use of the image is prohibited.
Licensee may not post the product to any "Newsgroup"
servers.
Licensee is NOT licensed to rent, lease, transfer,
network, or distribute the Product, except as specifically provided
above.
Licensee may not knowingly allow other websites
to use this content, either by renting it's usage his site, or
by allowing them to link to his website.
Exception: Thumbnail postings, as provided above.
04. CONTENT EDITING REGULATIONS
Licensee may add small URL's to the images
for promoting purposes.
Licensee may edit the images to make sample
ones: pixelate areas of photos unsuitable for children to view,
if the photos may be in an area available by children.
Licensee may treat thumbnail images to use
them on his site, "crop" the images, change the file
format, use compression technique and rename and edit the files
to remove existing text and/or logos.
Licensee is NOT allowed to change the content
of Product (such as morphing or editing another person or object
into the photo, or deforming the appearance of ones there).
Licensee may not remove Image Watermarks and
Imbedded code (such as JPG comments).
05. TERMS OF PAYMENT
Licensee will pay a one-time fee in any of
the ways specified on the site.
This license allows Licensee to use the Product
on up to five (5) domains owned and operated by Licensee. Licensee
must control that all websites that Product is used on indicate
the Licensee's name on it within public access able Inter NIC
or other registration agency records.
06. BREACHES OF LICENSE/TERMINATION
Licensor may terminate Licensee's license
if Licensee fails to comply with any provisions of this license.
Upon termination of the Agreement by Licensor because of a material
breach by Licensee shall immediately cease using any of the Product
and shall recall all banner ads, whether on web sites owned or
controlled by Licensee, or from third party web sites which have
been supplied banner ads, either directly or indirectly, by Licensee;
further more, Licensee shall cease using the Product on any printed
promotional or advertising materials and shall recall and destroy
all printed promotional or advertising material which incorporates
or uses any of the Product.
The License is automatically revoked if the
Licensee declares bankruptcy, obtains a refund of the product
payment, or causes the product payment to become invalid through
any action, such as fraudulent use or credit card charge back.
Involuntary revocation of the license does
not grant Licensee any refund of the payment made.
07. MODIFICATIONS
This agreement may be modified only by a writing
signed by both parties hereto.
If any provision of this agreement shall be held to be invalid
or unenforceable for any reason, the remaining provisions shall
continue to be valid and enforceable.
The failure of either party to enforce any provision of this agreement
shall not be construed as a waiver or limitation of that party's
right to subsequently enforce and compel strict compliance with
every provision of this agreement.
08. RIGHTS TRANSFER
This agreement shall be binding upon and shall
insure to the benefit of the parties and their successors.
09. GOVERNING LAW
Licensee holds Licensor harmless for any legal
issues related to the distribution of the material as it relates
to community standards and adult entertainment laws as set forth
in any city/county, state or country of Licensee and their websites.
Licensor does not warrant this material to be acceptable in your
community, and Licensee assumes full responsibility for determining
what images are suitable for distribution. Licensor warrants the
images are fully copyrighted, and this license warrants these
images free of intellectual property violations only.
These images are in compliance with the 18 USC 2257 US Federal
Law, and any inquiries made under this law must be directed to
Licensor.
10. INTEGRATION
This agreement contains the entire agreement
of the parties with respect to the subject matter hereof and there
are no other promises or conditions in any other agreement whether
oral or written. This agreement supersedes any prior written or
oral agreements between the parties.
The agreement comes into force after the fact
of payment effected by Licensee.
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AIVENGO PRODUCTIONS
INC. (Licensor)
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" COMPANY "
(Licensee)
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