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Image Files License Agreement Version 2.0

1. 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 and ActiveSET.org.
This Agreement supersedes all prior agreements you may have with ActiveSET.org.


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 purposes.

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 third party(s).
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 or library.
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 this License.
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:
1. 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.
2. 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 File(s).

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