Files License Agreement Version 2.0
INTRODUCTION. In this License Agreement ("Agreement"),
"you" and "your" refer to each customer
("Customer"); "we", "us" and
"our" refer to "ActiveSET.org". This Agreement
explains our obligations to you, and your obligations to us,
in relation to your use of our image files. By ordering and/or
using ActiveSET.org's image files, you agree to the terms
and conditions set forth in this Agreement between Customer
This Agreement supersedes all prior agreements you may have
2. IMAGE FILES LICENSE AGREEMENT
THE FOLLOWING TERMS DEFINE AND LIMIT PERMISSIBLE USE OF THE
IMAGE FILES. LIMITATIONS ON WARRANTIES AND/OR REMEDIES ARE
DESCRIBED THEREIN. THIS LICENSE IS GRANTED ONLY TO BUSINESS
ENTITIES, AGENTS OF BUSINESS ENTITIES, AND INDIVIDUALS WHO
HAVE PURCHASED THE IMAGE FILES FROM ACTIVESET.ORG.
IMPORTANT: READ THIS AGREEMENT CAREFULLY. DO NOT PURCHASE
THE ACTIVESET.ORG IMAGE FILE(S) IF YOU DO NOT AGREE TO THE
TERMS THEREIN. BY PURCHASING THE ACTIVESET.ORG IMAGE FILE(S),
YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING
USE AND LICENSEE RIGHTS (SECTION D AND E); AND LIMITATIONS
OF WARRANTIES AND LIABILITY (SECTION G). BY PURCHASING THE
IMAGE FILE(S), YOU ACCEPT AND AGREE THAT THESE TERMS ARE A
BINDING CONTRACT. ACTIVESET.ORG WILL NOT PROVIDE A LEGAL OPINION
AS TO WHETHER YOUR USE IS IN COMPLIANCE WITH THIS LICENSE.
IF YOU ARE UNCERTAIN AS TO WHETHER YOUR INTENDED USE IS IN
COMPLIANCE WITH THIS LICENSE AGREEMENT, SEEK THE ADVICE OF
AN ATTORNEY. THIS LICENSE WILL TERMINATE IF YOU FAIL TO COMPLY
WITH ANY OF ITS TERMS OR CONDITIONS.
A. Obtaining a License. BY PURCHASING THE IMAGE FILES,
ACTIVESET.ORG GRANTS YOU A NON-EXCLUSIVE, NONTRANSFERABLE
LICENSE TO USE THE IMAGE FILES IN ACCORDANCE WITH THE TERMS
OF THIS LICENSE.
B. Maintaining a License. You will be granted a continued
non-exclusive, nontransferable License to use the Image File(s)
in accordance with the terms of this License.
C. Proprietary Rights. The copyright, and all other rights
in the Image File(s), shall remain with ActiveSET.org.
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B. Use and Licensee Rights. Subject to restrictions described
herein, YOU MAY:
1. Incorporate any Image File(s) into source emissions testing
diagnostic, in-house, or compliance reports and proposals,
and publish, display and distribute your report in any hardcopy
or electronic media, provided you include the copyright notice
contained within the Image File(s) reflecting the copyright
ownership of Colleen Hodge as:
"Copyright © Colleen Hodge 1998. All rights reserved."
2. Store the Image File(s) on a network, storage jukebox or
similar device provided that only licensed users are permitted
access to the Image File(s).
3. Make one (1) copy of each Image File(s) for backup or archival
C. Use and Licensee Rights. Subject to restrictions described
herein, YOU MAY NOT:
1. Incorporate or place any Image File(s) into your own Internet,
Intranet, or other online or electronic work, specifically,
but not limited to a webpage design, web advertising, web
marketing, e-commerce, or e-Zine.
2. Make Image File(s) available for downloading separately,
or in a media format designed or intended for permanent storage
or reuse by a third party(s).
3. Resell, assign, sublicense, or otherwise make available
the Image File(s) for use or distribution, separately or detached,
from a product or web page to third party(s). Customer's clientele
may be provided with copies of the Image File(s) as an integral
part of your work product. Your clientele or third parties
are not permitted to use the Image File(s) separately or as
part of any other product.
4. Reproduce the Image File(s) with any commercial or offset
printing service provider.
5. Use or permit the use of the Image File(s), or any part
thereof, as a trademark or service mark, or claim any proprietary
rights in the Image File(s).
6. Use any of the Image File(s) related to identifiable individuals
or entities, for any commercial purpose, or in a manner which
suggests ActiveSET.org's association with or endorsement of
any product or service.
7. Alter, erase, cut, crop, or enhance, the Image File(s)
in any way, use portions of the Image File(s), or remove or
disable the copyright notice which reflects the copyright
ownership of the Images:
"Copyright © Colleen Hodge 1998. All rights reserved."
8. Share, release, rent, lease, sublicense, or lend the Image
File(s) to another person, company or legal entity or other
9. Distribute the Image File(s) with any other product(s),
commercially or otherwise, including but not limited to multimedia
applications, software, hardware, books, brochures, compilation
CD's, training manuals, coursework materials, or the like,
without the express consent of ActiveSET.org.
10. Distribute, transfer or sell the Image File(s) in digital
form or otherwise, or in any other digital image collection
11. Resell the Image File(s) in any form whether it has been
altered, modified, merged or manipulated in any manner.
12. Remove or disable any markings that are included with
the Image File(s).
13. Create obscene, defamatory, or immoral works using the
Image File(s) nor use the Image File(s) for any other purpose
prohibited by law;
14. Use any Image File(s) except as expressly permitted by
Should you wish to acquire additional right(s), please contact
ActiveSET.org, which may or not grant such right(s) at its
sole discretion. Contact address: ActiveSET.org 3335 NW 47th
Terrace Gainesville, Florida 32606, ATTN: Colleen Hodge
D. Term. This License shall continue for as long as
you are in compliance with the terms and conditions of this
Agreement. This License will terminate immediately if you
fail to comply with any of its terms or conditions. You agree,
upon termination, to destroy all copies of the Image File(s)
and to discontinue using the Image Files for any purpose.
The Limitations of Warranties and Liability set out below
shall continue after any termination.
E. LIMITATIONS OF WARRANTIES AND LIABILITY:
THE IMAGE FILE(S) ARE PROVIDED AND LICENSED BY ACTIVESET.ORG
ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES
OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT,
OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF
DEALING OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND
PERFORMANCE OF THE IMAGE FILES OR TO DOWNLOAD THE IMAGE FILES
IS ASSUMED BY YOU. NEITHER ACTIVESET.ORG NOR ITS DEALERS OR
SUPPLIERS 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 ACTIVESET.ORG HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE.
ACTIVESET.ORG IS ALSO NOT TO BE HELD RESPONSIBLE FOR CLAIMS
BY A THIRD PARTY. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY
WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF
A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH.
You acknowledge that: (a) this is a commercial business transaction;
(b) occasional errors, omissions and misplacements may exist
in our Image Files; (c) any potential harm from any error,
omissions or misplacement is speculative in nature; (d) we
assume no responsibility other than as contained in this License.
You hereby agree to indemnify, defend and hold harmless ActiveSET.org
and the officers, directors, agents, affiliates, distributors,
franchises and employees of ActiveSET.org from and against
all claims, actions, liabilities, losses, expenses, damages
and costs (including, without limitation, reasonable attorneys'
fees) that may at any time be incurred by any of them by reason
of any claims, suits or proceedings: (i) for libel, defamation,
violation of right of privacy or publicity, copyright infringement,
trademark infringement or other infringement of any third
party right, fraud, false content, misrepresentation, product
liability or violation of any law, statute, ordinance, rule
or regulation throughout the world in connection with the
Image Files; or (ii) arising out of any material breach by
you of any duty, representation or warranty under this Agreement.
h. U.S. Government Rights. With respect to any acquisition
of the Image File(s) by or for any unit or agency of the United
States Government (the "Government"), the Image
File(s) shall be classified as "commercial computer software"
as that term is defined in the applicable provisions of the
Federal Acquisition Regulation (the "FAR") and supplements
thereto, including the Department of Defense (DoD) FAR Supplement
(the "DFARS"). The Image File(s) was/were developed
entirely at private expense, and no part of the Image File(s)
was/were first produced in the performance of a Government
contract. If the Image File(s) is/are supplied for use by
the DoD, the Image File(s) is/are delivered subject to the
terms of this Agreement and either (a) in accordance with
DFARS 227.7202-1(a) and 227.7202-3(a), or (b) with restricted
rights in accordance with DFARS 252-227-7013 (c)(1)(ii)(OCT
1988), as applicable. If the Image(s) is/are supplied for
use by a Federal agency other than the DoD, the Image File(s)
is/are restricted computer software delivered subject to the
terms of this Agreement and (i) FAR 12.212(a); (ii) FAR 52.227-19;
or (c) FAR 52.227-14(ALT III), as applicable. The contractor/manufacturer
is ActiveSET.org 3335 NW 47th Terrace, Gainesville, Florida
32606.j. Eligibility. To be eligible to use the Image File(s)
you must be in compliance with applicable export laws. By
using or accessing the Image File(s) you are representing
and warranting to ActiveSET.org that you are compliant with
the following statements: (i) you are not a citizen, national
or resident of, and are not under the control of, the government
of : Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan,
Syria, Taliban controlled areas of Afghanistan, nor any other
country to which the United States has prohibited export;
(ii) you will not download or otherwise export or re-export
the Image(s), directly or indirectly, to the countries mentioned
in clause (i) nor to citizens, nationals or residents of those
countries; (iii) you are not listed in the United States Department
of Treasury lists of Specially Designated Nationals, Specially
Designated Terrorists, or Specially Designated Narcotic Traffickers,
nor are you listed on the United States Department of Commerce
Table of Denial Orders; (iv) you will not download or otherwise
export or re-export the Image File(s), directly or indirectly,
to persons on the lists mentioned in clause (iii); and (v)
you will not use the Image File(s) for, and will not allow
the Image File(s) to be used for any purposes prohibited by
United States law, including, without limitation, for the
development, design, manufacture or production of nuclear,
chemical or biological weapons of mass destruction. If you
cannot represent and warrant that you are in compliance with
the above statements, you are not eligible to use the Image
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is Image Files License Agreement Version 2.0
ActiveSET.org is owned and operated by:
Emissions Schematics 3335 NW 47th Terrace Gainesville, Florida