Commercial License - Terms of Use  
photoDUDS Commercial, Photographer, and Personal Use License - Terms of Use
[Updated on October 1, 2012]
These terms and conditions are subject to change at any time. Changes will be applied retroactively, applying to all products purchased under this and/or any previous terms and conditions. The most current terms and conditions can be found at http://www.photoDUDS.com.



General terms of use
- By purchasing and/or using these products, LICENSEE agrees to comply with everything within this document.
- The graphic files contained in photoDUDS DVDs, CDs or digital downloads are PRODUCTS of the ORIGINATOR and are being distributed by LICENSOR.
- PRODUCTS and DERIVATIVE WORKS may be installed onto or shared among a maximum of 5 individual computers owned by LICENSEE.
LICENSEE may not make copies of the PRODUCTS onto any electronic or physical medium (including CDs, diskettes, or other storage medium) for reasons other than back-up purposes. LICENSEE may not share PRODUCTS with anyone or any other entity.
- LICENSEE of these PRODUCTS may use, copy, and modify PRODUCTS to create resale items and marketing materials only as defined within this document.
- LICENSE is not transferable in any way, shape, or form.
- LICENSEE acknowledges that LICENSEE is LICENSING the PRODUCTS for use as described herein. LICENSEE hereby agrees to pay liquidated damages to LICENSOR in the amount of $5,000.00 for any use not covered herein. In addition, should LICENSOR incur any attorney fees or other costs in collecting and/or enforcing this liquidated damages provision, LICENSEE agrees to reimburse LICENSOR for all such fees and/or costs. The parties acknowledge that the liquidated damages set forth herein are reasonable in amount.

Personal License
- PRODUCTS are LICENSED to the LICENSEE only, and are not to be shared, loaned, rented, resold, distributed, transferred, or posted across a bulletin board, network, modem, Internet or web page in their full or partial original form.
- LICENSEE may create DERIVATIVE WORKS using PRODUCTS to be used solely by LICENSEE, and may be used for personal blogs, photography & crafts applications without special permission.
- DERIVATIVE WORKS may be used in scrapbooking layouts submitted to scrapbook or craft-related websites and magazines for publications, provided proper credit is given to LICENSOR and/or ORIGINATOR.
- LICENSEE may resize, recolor or add other graphics to PRODUCTS.

Examples of correct usage:
- Creation of DERIVATIVE WORKS for personal use or personal website.
- Creation of DERIVATIVE WORKS for scrapbooking layouts submitted to scrapbook or craft-related websites and magazines for publications.

Examples of incorrect usage:
- Consumer or commercial resale of PRODUCTS in original form.
- Consumer or commercial resale of DERIVATIVE PRODUCTS.
- Use of the content of PRODUCTS for any harmful, pornographic, racial material, or material that may be deemed harmful/offensive to another person.


Commercial / Photography License
- PRODUCTS are LICENSED to the LICENSEE only, and are not to be shared, loaned, rented, resold, distributed, transferred, or posted across a bulletin board, network, modem, Internet or web page in their full or partial original form.
- LICENSEE may create DERIVATIVE WORKS using PRODUCTS to be used solely by LICENSEE, and may be used for personal blogs, photography & crafts applications without special permission.
- DERIVATIVE WORKS may be used in scrapbooking layouts submitted to scrapbook or craft-related websites and magazines for publications, provided proper credit is given to LICENSOR and/or ORIGINATOR.
- LICENSEE may resize, recolor or add other graphics to PRODUCTS.
- LICENSEE may create DERIVATIVE WORKS and may personally sell such work to the final recipient for profit.
- LICENSEE may use DERIVATIVE WORKS for marketing purposes of their own business.

Examples of correct usage:
- Creation of DERIVATIVE WORKS for sale or delivery to end user.
- Resale of DERIVATIVE WORKS to end user as completed cards or albums with LICENSEE'S photographs in a flattened [.jpeg or .tif] format.
- Resale of DERIVATIVE WORKS in printed format to end user.

Examples of incorrect usage:
- Consumer or commercial resale of the PRODUCTS in original form.
- Use of the content of PRODUCTS for any harmful, pornographic, racial material, or material that may be deemed harmful/offensive to another person.
- Creation of DERIVATIVE WORKS for sale or delivery to a party between LICENSEE and final recipient. Examples: studios, groups, labs, or individuals that produce DERIVATIVE WORKS for other studios, groups, labs, or individuals.
- Multi-location organization distribution, sharing, and/or installation of PRODUCTS and/or DERIVATIVE WORKS on more than 5 computers and/or networks within their locations.

Copyright Policy:
All copyrights to all original files, elements, and graphics (PRODUCTS) are retained by the ORIGINATOR with all rights reserved. No copyrights are inferred or transferred to LICENSEE or any party LICENSEE may sell to.

Unauthorized Use:
It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner (ORIGINATOR).

Special licensing arrangements may be available; contact photoDUDS.
Any questions or concerns may be directed to photoDUDS (304)-369-1443.

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