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Space Dresser Johnson
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Dresser Johnson Digital Pictogram Artwork License Agreement
Please, carefully read this agreement.
When ordering Dresser Johnson Digital Pictograms, you agree to the following terms.
When you purchase a Dresser Johnson Digital Pictogram(s) from Space Dresser Johnson's online store, you represent and warrant that you are 18 years of age or older, are lawfully able to enter into and perform a legally binding contract, and agree to be bound by the terms and conditions in this Agreement. Please print a copy of this Agreement and retain it for your records. By purchasing Dresser Johnson Digital Pictogram(s), you are agreeing to the terms of this license. Dresser Johnson's Digital Pictograms are for use on rasterizing devices connected to the same network. A device may be, but is not limited to, rasterizer, printer, video display terminal, CPU, workstation or any device where the digital pictogram artwork is rasterized. If your configuration exceeds the Number (#) of Computer agreement of 1-10 devices, then you must select the amount of devices you intend on using the pictograms via Space Dresser Johnson's online shopping cart software. If your device quantity exceeds 50 machines, please contact Dresser Johnson at info@DresserJohnson.com to receive a site license estimate.
1. PARTIES
This Agreement is a binding legal agreement between Dresser Johnson and any User(s) of the
www.DresserJohnson.com who purchase and/or download a Dresser Johnson Digital Pictogram(s).
For purposes of this Agreement, “you” or “User(s)” means either: (a) the individual(s) entering into this Agreement and the license(s) granted hereunder are for the benefit of, and/or as an agent on behalf of, individual's employer (“Employer”) and/or a third party (“Principal”) then such Employer or Principal. If individual(s) is entering into this Agreement and the licenses hereunder for the benefit of, and/or as an agent on behalf of Employer and/or Principal, then individual(s): (a) represents and warrants that such Principal and/or Employer has authorized individual(s) to enter into this Agreement, that the licenses granted hereunder are on that Principal’s and/or Employer’s behalf, that such Principal and/or Employer has agreed to be bound hereby and that individual(s) has actual and express authority to act on behalf of and bind such Principal and/or Employer to the terms of this Agreement; (b) the Dresser Johnson Digital Pictograms (and any use thereof) is solely for the benefit of the Employer and or Principal and that individual(s) will not use the Dresser Johnson Digital Pictograms or (any use thereof) for the benefit of any other person or entity without entering into a separate license with Dresser Johnson, and (c) individual(s) will comply with the terms of this Agreement and will be jointly and severally liable for any breach of the terms of this Agreement by Principal and/or Employer.
2. LICENCES
Subject to the terms of this Agreement, Dresser Johnson grants you a non-exclusive, non-transferable, perpetual sublicense to use the Dresser Johnson Digital Pictograms in accordance with the selected sublicense option(s) as each option is described below (and as identified in the Space Dresser Johnson online shopping cart associated with the Dresser Johnson Digital Pictogram(s) and sublicense option you select). This sublicense is conditioned upon (a) your compliance with all provisions of this Agreement, and (b) receipt of your payment in full of the license fee and any other charges associated with the particular Dresser Johnson Digital Pictogram(s) and sublicense option(s) selected by you, which fees and charges will be displayed on the website prior to payment (and in your receipt). You will be asked to confirm these terms prior to concluding the transaction. The sublicense and your right to use the Dresser Johnson Digital Pictogram(s) will immediately terminate upon your failure to comply with any provision of this Agreement or failure to make full payment when due, in which case Dresser Johnson will be entitled to pursue all other remedies by law, including in the event of an infringement of copyrights, the remedies available under copyright and other laws. All charges for use of Dresser Johnson Digital Pictogram(s), including sublicense fees, will be billed automatically without prior notification in accordance with the payment method(s) defined by you and your Dresser Johnson invoice.
OPTION 1 - BASIC LICENSE:
Under the Basic License, the User(s) is granted the following rights:
A. Permitted Uses under the Basic License. Subject to the restrictions of this Agreement (and any other agreements or policies incorporated therein by reference) as well as the restrictions described under Prohibited Uses in subsection (c) below, the User(s) may reproduce, publicly display, make certain works derived from, and distribute the Dresser Johnson Digital Pictogram(s) for the Permitted Uses set forth below, and may distribute such works, subject to the following limits:
1. Advertising and promotional projects, including hard copy printed materials, product packaging, presentations, advertising and promotional purpose film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (i.e. not for resale or license) up to 500,000 copies.
2. Publications such as books and book covers, magazines, newspapers, editorials, newsletters up to 500,000 copies, and including the resale of these publications.
3. Theatrical presentations, including video, webcast and broadcast, (unlimited copies), and including the resale of these presentations.
4. On-line, electronic, and mobile publications and mobile applications, including web pages and advertising and promotional projects, to a maximum of 800 x 600 pixels (unlimited copies); and
5. Hard copy prints, posters and other reproductions for personal use, but not for resale, license or other distribution, up to 500,000 copies.
B. If there is any doubt that a proposed use is a Permitted Use, you should contact Dresser Johnson at info@DresserJohnson.com for assistance.
C. Prohibited Uses under the Basic License. Unless you purchase additional license options, you may not do anything with the Dresser Johnson Digital Pictogram(s) that is not expressly permitted in the preceding section. For greater certainty, the following are “Prohibited Uses” under the Basic License and you may not:
1. Electronic Resale (including “On Demand” Sales): use the Dresser Johnson Digital Pictogram(s) in design template applications intended for resale, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates.
2. Physical Resale (including “On Demand” Physical Sales): use the Dresser Johnson Digital Pictogram(s) in any posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit, including using or displaying the Dresser Johnson Digital Pictogram(s) on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products, including signage products, postcards, mugs, t-shirts, posters, electronic templates, and other items (this includes custom designed websites, as well as sites such as www.etsy.com and www.cafepress.com).
3. Install and use the Dresser Johnson Digital Pictogram(s) in more than one location at a time or post a copy of the Dresser Johnson Digital Pictogram(s) on a network server or web server for use by other users.
OPTION 2 - UNLIMITED REPRODUCTION LICENSE:
Under the Unlimited Reproduction License, the User(s) is granted the rights available under the Basic License, in addition to and as amended by the following rights and uses:
A. Permitted Uses. Subject to the restrictions of this Agreement (and any other agreements or policies incorporated therein by reference), User(s) may reproduce, publicly display, make certain works derived from, and distribute the Dresser Johnson Digital Pictogram(s) for the Permitted Uses set forth below may distribute such works, subject to the following limits:
1. Unlimited copies of advertising and promotional projects, including hard copy printed materials, product packaging, presentations, advertising and promotional film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (i.e. not for resale or license);
2. Unlimited publications such as books and book covers, magazines, newspapers, editorials, newsletters; and
3. Unlimited Online Display Size: on-line, electronic, and mobile publications and mobile applications, including web pages and advertising and promotional projects, larger than 800 x 600 pixels.
OPTION 3 - ARCHITECTURAL SIGNAGE LICENSE:
Under the Archtiectural Signage License, the User(s) is granted the rights available under the Basic License, in addition to and as amended by the following rights and uses:
A. Permitted Uses. Subject to the restrictions of this Agreement (and any other agreements or policies incorporated therein by reference), User(s) may reproduce, publicly display, make certain works derived from, and distribute the Dresser Johnson Digital Pictogram(s) for the Permitted Uses set forth below may create such works, subject to the following limits:
1. Permits usage of Dresser Johnson Digital Pictogram(s) on manufactured materials that will be for site-specific environmental signage, such as information graphics used in buildings and structures like museums, airports and stadiums. (i.e. not for resale or license);
3: NUMBER (#) OF COMPUTERS
Device licenses must be purchased via the Space Dresser Johnson shopping cart software on www.DresserJohnson.com. Dresser Johnson Digital Pictogram(s) are automatically licensed for a maximum of ten (10) rasterizing devices connected to the same local area network. Each location and/or entity must purchase a separate license, starting with the first device.
The upgrade prices are as follows,
11 to 15 devices: add $10.00 to original price;
16 to 20 devices: add $15.00 to original price;
21 to 25 devices: add $20.00 to original price;
26 to 30 devices: add $25.00 to original price;
31 to 35 devices: add $30.00 to original price;
36 to 40 devices: add $35.00 to original price;
41 to 45 devices: add $40.00 to original price;
46 to 50 devices: add $45.00 to original price;
If your device quantity exceeds 50 machines, please contact Dresser Johnson at info@DresserJohnson.com to receive a site license estimate.
Each location and/or entity must purchase a separate license, starting with the first device. An output device is any printer, such as a rasterizer, laser printer, dot-matrix printer, direct to plate imaging device any video display terminal or any other device where display is can use the Dresser Johnson Digital Pictogram(s) vector outlines, such as with the use of Adobe design applications.
4. PROHIBITED USES:
You may not do anything with the Dresser Johnson Digital Pictogram(s) that is not expressly permitted in the licensing option(s) you purchase. The following are prohibited under ALL license options, and you may never:
A. Sublicense, re-sell, transfer or assign to any third party the Dresser Johnson Digital Pictogram(s)or any rights thereto, or the rights granted to User(s) under this license.
B. Use Dresser Johnson Digital Pictogram(s) in any product, merchandise or service where the Dresser Johnson Digital Pictogram(s)may be accessed, extracted or used apart from the product, merchandise or service.
C. Use any of the Dresser Johnson Digital Pictogram(s) in a manner that infringes upon any third party’s trademark or intellectual property;
D. Use any of the Dresser Johnson Digital Pictogram(s) as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
E. To the extent that source code is contained within the Dresser Johnson Digital Pictogram(s), reverse engineer, decompile, or disassemble any part of such source code;
F. Use or display the Dresser Johnson Digital Pictogram(s) in an electronic format that enables it to be downloaded or shared in any peer-to-peer or similar file sharing arrangement;
5. Dresser Johnson Digital Pictogram(s) may not be returned or exchanged unless defective. Defective software shall be replaced by the same software if accompanied with purchase receipt and seller is notified within one week of purchase.
6. The User(s) of this Dresser Johnson Digital Pictogram(s) agrees to credit Dresser Johnson as the trademark and copyright owner of the Dresser Johnson Digital Pictogram(s) and list Dresser Johnson, wherever and whenever design, production, or any other credits are shown.
7. Any violation by licensee of this agreement shall cause this license to be terminated. In the event of termination, and without limiting any remedies, you must immediately return the Dresser Johnson Digital Pictogram(s) files to Dresser Johnson and certify that no copies remain in your possession or exist on the originally licensed site.
8. Dresser Johnson Digital Pictogram(s) are made available “as is” and without warranty of any kind and you assume the entire risk as to use of the Dresser Johnson Digital Pictogram(s) to the greatest extent permitted by applicable law, Dresser Johnson hereby disclaims all warranties, express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title and noninfringement, with respect to the Dresser Johnson Digital Pictogram(s). Dresser Johnson does not represent or warrant that the Dresser Johnson Digital Pictogram(s) will meet your requirements or that its use will be uninterrupted or error free. the entire risk as to the quality and the performance of the Dresser Johnson Digital Pictogram(s) is with you. Should the quality of the Dresser Johnson Digital Pictogram(s) be defective you (and not dresser johnson nor its affiliates, employees, subsidiaries or agents assume the entire risk and cost of all corrections. notwithstanding any other term herein, Dresser Johnson makes no warranties, nor shall Dresser Johnson be liable, for any claims related to or arising from your use of the Dresser Johnson Digital Pictogram(s) which: (i) has been modified by you, (ii) has been combined by you with other products, text, content or materials.
If you have any questions regarding Dresser Johnson's licensing, please contact us at info[AT]DresserJohnson.com
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