TERMS AND CONDITIONS

NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SCIENCE & SOCIETY PICTURE LIBRARY, IN WHICH YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If you are obtaining image reproduction rights on behalf of a company, you represent that you have the authority and right to bind the company to the terms contained in this agreement. Science & Society Picture Library reserves the right to alter, modify or update these terms of use at any time and you agree to be bound by such modifications, alterations or updates.

OWNERSHIP OF THIS WEBSITE

This website is owned and operated by Science & Society Picture Library. All elements of the site, including the content and the general design are protected by copyright, trademark, trade dress and other US and international laws or treaties relating to intellectual property.

PERMITTED USAGE

Comp Use: Science & Society Picture Library grants you a personal, nontransferable, nonexclusive license to copy the Images you have selected onto your computer hard drive and to use the image(s) and any derivative works or copies (collectively, the "Image(s)") on one computer and with one user at a time. The Images may only be copied, modified and incorporated in materials for sample use including comprehensive layouts ("comp use"). The Images may not be used in any final materials distributed internally or to the public. All other rights are reserved to Science & Society Picture Library. You must contact Science & Society Picture Library piclib@nmsi.ac.uk to obtain a license for additional use.

Other than the above Comp Use, Images may not be used in any way, until an invoice indicating User's right to use same is paid in full. Science & Society Picture Library represents that it has the right to grant the license herein.

RESTRICTIONS AS TO USE

The following uses are prohibited:

• Use of the Image beyond the terms of the limited license agreement without first obtaining an additional license, including any electronic reproduction or promotional rights.
• Create any derivative use of an Image unless indicated on the invoice.
• Sublicense, re-license, rent or lease any of the Images.
• Use of the Image in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter.
• Use of the Image in any way that violates a depicted person's right of privacy or publicity, or to infringe on any trade name, trademark or service mark.
• Archive, republish or transmit any images on any database or to a network or bulletin board or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from Science & Society Picture Library.
• Use of any Image(s) in any electronic template or application, including those that 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 without obtaining a license for such purpose.
• Use of the Images to promote a business that sells or licenses photographic images, or otherwise competes with Science & Society Picture Library in any manner.
• Ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations.

CREDIT

Images used editorially should bear a credit line as indicated by Science & Society Picture Library.

TERMINATION:

Science & Society Picture Library reserves the right to automatically terminate the license contained in this agreement without notice if you or your employer fail to comply with any provision of this agreement. Upon termination, you and your employer must immediately stop using the Image, delete the Image and all copies from all magnetic media and destroy all other copies. Science & Society Picture Library reserves the right to discontinue the use of any Image for any reason and elect to replace the Image with an alternate Image. Upon notice of any discontinuance of the use of a particular Image, you, your employer and your client, if applicable, agree not to use the Image in the future.

RETENTION OF DIGITAL FILES:

Digital files may be retained for sixty (60) days or until the date indicated on the invoice. Unless this period is extended in writing, you must delete the Images from all electronic and removable media and destroy any other copy of the Images, except as licensed under this Agreement. Science & Society Picture Library's copyright information and Image identification number must be retained with the digital files while you retain them.

PAYMENT TERMS

Time is of the essence in the performance by User of its obligations for payments.

Payment of the invoice herein is to be net thirty (30) days. Any claims for adjustment or rejection of terms must be made to Science & Society Picture Library within ten (10) days after receipt of invoice.

CANCELLATION POLICY

Once an Image has been downloaded there are no refunds or cancellations. You authorize Science & Society Picture Library to charge you for the selection of Image(s) and accept the terms stated within this License Agreement upon ordering the Image(s).

LINKS TO THIRD PARTY SITES

The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the linked sites or their use or contents.

INDEMNITY

You agree to indemnify and hold Science & Society Picture Library, and the copyright holder, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising from the use of an Image or any breach of this agreement.

GENERAL DISCLAIMERS

SCIENCE & SOCIETY PICTURE LIBRARY GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARK, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY IMAGE, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. SCIENCE & SOCIETY PICTURE LIBRARY IDENTIFIED THE CAPTION FOR EACH IMAGE TO THE BEST OF ITS ABILITY, BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION. NO MODEL RELEASES OR OTHER RELEASES EXIST ON ANY IMAGES UNLESS THE EXISTENCE OF SUCH RELEASE IS SPECIFIED IN WRITING BY SCIENCE & SOCIETY PICTURE LIBRARY.

DIGITAL FILES ARE PROVIDED "AS IS." SCIENCE & SOCIETY PICTURE LIBRARY MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OF IMAGE, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM. SCIENCE & SOCIETY PICTURE LIBRARY MAKES NO REPRESENTATION OR WARRANTIES THAT THE USE OF THE SITE WILL BE UNITERRUPTED OR ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK.

YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL SCIENCE & SOCIETY PICTURE LIBRARY OR THE OWNER OF THE IMAGES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THIS SITE OR FROM YOUR ACCESS OR USE OF THE IMAGES ON THIS SITE. IN ANY EVENT, THE LIMIT OF LIABILITY OF THE COPYRIGHT OWNER OF THE IMAGE AND SCIENCE & SOCIETY PICTURE LIBRARY SHALL BE THE FEE PAID FOR THE IMAGE TO SCIENCE & SOCIETY PICTURE LIBRARY.

UNAUTHORIZED USE/RETROACTIVE LICENSE FEE

Since it is difficult to determine damages resulting from unauthorized usage, in the event you utilize an Image other than for the usage indicated on our Invoice, we agree to forego our right to sue you for copyright infringement and you agree to pay, as liquidated damages, a retroactive license equal to ten (10) times the normal price we would have charged for such unauthorized use within ten (10) days of our billing such fee. If you fail to timely make such payment, this liquidated damage provision shall be void and we shall have the right to sue for copyright infringement and/or breach of contract, for which we will seek all damages and remedies available, including attorney's fees and all associated costs.