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Usage and Licensing

Smith & Loveless simplifies the licensing process by allowing users that agree to the usage and license agreement to download higher resolution Royalty Free digital media from its website in exchange for noting the photos initial intent for use and photo credit of the finished item to Smith & Loveless Inc.

When you download a photograph or other digital media through Smith & Loveless' web site, your legal relationships with Smith & Loveless Inc. and third party software vendors are governed by an End User License Agreement (EULA) specific to that product. Please review the EULA, found below, for complete information on your rights as an end user of these products.

If you have any questions regarding site licensing, multi-user licensing or elements of this agreement, please contact the Smith & Loveless licensing department via e-mail frebori@smithandloveless.com or through one of our other addresses.

Downloading

If you agree with this End User License Agreement, please complete the usage form and click "I Agree" found at the bottom of the End User License Agreement to download the photograph. If you do not agree with this End User License Agreement, please click "I Do Not Agree" found at the bottom of the End User License Agreement or the Back button and you will return to the Smith & Loveless Product Photo Gallery.

End User License Agreement THIS END USER LICENSE AGREEMENT ("AGREEMENT" OR "EULA") IS A LEGAL AGREEMENT BETWEEN YOU ("LICENSEE") AND SMITH & LOVELESS, INC. ("LICENSOR"). BY DOWNLOADING DIGITAL MEDIA FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, PROMPTLY CLICK ON YOUR BROWSER'S BACK BUTTON OR THE "DO NOT AGREE" BUTTON BELOW TO DECLINE THIS AGREEMENT. In this Agreement, "You" and "Yours" mean you individually as well as your employer and its parent and subsidiary corporations, affiliates, partners, directors, officers, members, employees and agents. Licensor grants to you a nonexclusive, nontransferable, nonassignable limited right to use any of Licensor's photos, images, film clips, fonts, clip art, animation or audio clips, and any derivatives or copies hereunder (collectively referred to as "Digital Media") on your personal computer solely for use under the terms and for the purposes allowed in this Agreement. Any use, reproduction or redistribution of the Digital Media not in accordance with this Agreement is expressly prohibited by law, and may result in severe criminal and civil penalties. The Digital Media shall not be used in any manner other than in connection with the selling and promotion of Smith & Loveless, Inc. products and services. Permitted uses of the Digital Media in the selling and promotion of Smith & Loveless, Inc. products and services includes electronic presentations, online or other electronic distribution systems (including web page design), or publications in electronic or print format or in any other manner which conveys the Digital Media or the information contained or referred to therein to third parties (collectively referred to as "Formats"). All Digital Media and all information contained therein such as text, images, logo, graphics and sounds are the copyright, trademark and/or trade name property of Licensor. When using or incorporating the Digital Media in any Format, reference shall be made on the face of or immediately after or adjacent to such Digital Media that states "Used by permission and under license from Smith & Loveless, Inc." or "Copyright ©2001 Smith & Loveless, Inc." Any trademarks, service marks or trade names of Smith & Loveless, Inc. shall be used as follows: 1) each trademark, service mark or trade name shall be depicted with the symbol ® or ™ immediately after thetrademark and trade name; 2) proper credit shall be given to Smith & loveless, Inc. of the trademarks, service marks and trade names as follows "_________________are either registered trademarks, service marks or trade names of Smith & Loveless, Inc. in the United States and/or other countries"; 3) No trademark, service mark or trade name of Smith & Loveless, Inc. shall be shortened, abbreviated or combined with any other trademark, service mark, trade name of you or the user or any other third party or combined with any other words; 4) No trademark, service mark or trade name shall be used in any domain name. 5) No trademark, service mark or trade name shall be used on any packaging, disk labels or advertisements 6) You can not market any product under a name that is confusingly similar to a Smith & Loveless product name or trademark, service mark or trade name. The rights granted under this Agreement do not include the right to copy the design or layout of the smithandloveless.com website which is protected by trade dress and trademark and other laws and may not be copied or imitated in whole or part. No text, logo, graphic, sound or image from any Smith and Loveless website may be copied or retransmitted unless expressly permitted by Smith and Loveless, Inc. The Digital Media shall not be used in any disparaging manner toward Smith & Loveless, Inc. or its products and services or in any manner that is detrimental toward Smith & Loveless, Inc. or its products and services. In no event shall the Digital Media be copied or shared by creating a disc library, storage jukebox, network server or configuration (with or without a central location) or similar arrangement or in any manner which enables others to share the Digital Media. No Digital Media may be sublicensed, resold or otherwise made available for use or distribution separately or detached from a product or web page. For example, Digital Media may be used as an integral part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by website users. One copy of the Digital Media may be made for backup purposes only, but may be used only if the original Digital Media becomes defective, or is destroyed or otherwise irretrievably lost. You may not include the Digital Media in any electronic template or application, including those which are web-based, where the purpose is to create multiple impressions of an electronic or printed product, including but not limited to, web site designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter. You may not decompile, reverse engineer, disassemble or otherwise reduce to human-readable form any software contained on this webs site or the Digital Media. You agree to use the Digital Media in compliance with all applicable state and federal laws and regulations. You may not utilize the Digital Media in any manner that is not expressly permitted in this license agreement. All rights to the Digital Media and all trademarks, service marks or trade names of Smith & Loveless, Inc. are owned by Licensor and/or its licensors and are protected by United States and International copyright, patent and trademark laws, international treaty provisions and other applicable laws. Use of the Digital Media, or any part thereof, as a trademark or service mark, is not permitted. All rights not specifically granted above are reserved and retained by Licensor including but not limited to copyright, patent and trademark rights. The sole and exclusive remedy for any Digital Media that is defective is the replacement of the Digital Media at Licensor's sole discretion. LICENSOR MAKES NO REPRESENTATION OR WARRANTY ABOUT THE PERFORMANCE OR SUITABLITY OF THE DIGITAL MEDIA OR ANY OF THE INFORMATION REFERRED TO OR CONTAINED IN THE DIGITAL MEDIA. ALL DIGITAL MEDIA AND THE INFORMATION REFFERED TO OR CONTAINED THEREIN IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND. LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE AND DIGITAL MEDIA AND THE INFORMATION REFERRED TO OR CONTAINED THEREIN AND MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. IN NO EVENT SHALL LICENSOR BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL DAMAGES, LOST PROFITS OR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE DIGITAL MEDIA AND THE INFORMATION REFERRED TO OR CONTAINED THEREIN, THIS AGREEMENT OR OTHERWISE INCLUDING DAMAGE, LOSS OR INTERRUPTION OF DATA, TRANSMISSIONS, WEBSITES, COMPUTERS OR OTHERWISE. FOR YOUR CONVENIENCE, SMITH & LOVELESS, INC. MAY MAKE AVAILABLE ON ITS WEBSITE OTHER SOFTWARE, LINK SITES, PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD ("THIRD PARTY SOFTWARE"). SMITH & LOVELESS, INC. DOES NOT MAKE ANY ASSURANCES, REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING MERCHANTABILITY OR FITNESS FOR A SPECIFIC USE OR PURPOSE WITH REGARD TO THE PERFORMANCE, RESULTS OR OUTPUT THAT DERIVES FROM THE USE OF ANY THRID PARTY SOFTWARE. YOU AGREE TO SEEK ANY REMEDY SOLELY FROM THE MANUFACTURER OF ANY SUCH THRD PARTY SOFTWARE AND NOT FROM SMITH AND LOVELESS, INC. Licensor reserves the right to terminate, suspend, modify or replace all or part of this Agreement or the license granted hereunder or all or part of the Digital Media or the information contained or referred to therein at any time and for any reason in Licensor's sole and absolute discretion without notice to you. The license contained in this Agreement will terminate automatically without notice from Licensor if you, or your employer if you are licensing on behalf of your employer, fail to comply with any provision of this Agreement. Upon termination, you, and your employer if you are licensing on behalf of your employer, at your expense must immediately (i) stop using the Digital Media (ii) return the Digital Media and all copies of all of them to Licensor, and (iii) delete any Digital Media and all copies of all of them from all magnetic media and destroy all other copies or, upon request of Licensor, return all such copies to Licensor. You expressly acknowledge and agree that the sole relationship between you and Licensor is that of a limited, nonexclusive licensee of the Licensor solely under the terms of this Agreement and as independent contractors dealing at arms' length and nothing in this Agreement shall be construed so as to constitute you or the Licensor as partners, joint venturers, franchisers or co-owners, agents, distributor or sales representative (express or implied) or empower the either party to act for, bind or otherwise create or assume any obligation on behalf of the other party either express or implied. The failure or delay of Licensor to enforce any provision or right of this Agreement shall not constitute or be construed to be a waiver of any such provision or right and shall not effect Licensor's right to enforce the same. The invalidity or unenforceability of any provision or right of this Agreement shall not affect the remaining provisions or rights of this Agreement and any such provisions or rights shall be modified to the extent necessary to enforce the original intent of such provision or right. This Agreement is the entire agreement between the Licensor and you and supercedes any other agreement between the parties whether oral or in writing. The provisions of this Agreement shall survive the termination of this Agreement, or after you leave your employment, or after you cease to use the Digital Media and the provisions shall remain in full force and effect notwithstanding such termination, employment or non use. You agree not to and this Agreement shall not be sold, assigned, transferred or otherwise conveyed to any third party. This Agreement will be governed in all respects by the laws of the State of Kansas, U.S.A., without regard to conflicts of law. The venue for all disputes arising under this Agreement shall lie exclusively in the District Court of Johnson County, Kansas or the Federal District Court of the District of Kansas and you agree to submit to the jurisdiction of the same. The Digital Media and Software are "Restricted Computer Software" and, when provided to or for or used on behalf of the United States of America its agencies and/or instrumentality's (the "U.S. Government"), are provided with "Restricted Rights." Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth under the United States copyright laws and this agreement, and as provided in DFARS 227.7202-1(a), and 227.7202-3(a) (1995), DFARS 252.227.7013(c), FAR 12.212(a) (1995), or FAR 52.227-19(a)-(d), as applicable. COPYRIGHT NOTICE. Copyright © 2001 Smith & Loveles, Inc. 14040 Santa Fe Trail Drive, Lenexa Kansas USA. All rights reserved.

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The photo I am downloading will be used for the following: (Please select all that apply. Hold down on the ctrl key and then select all that apply with your mouse.)


If it is for publication, please note the publication name, date and issue it will appear:
Publication Name:
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