Masked Image License (Images with the backgrounds removed)
Royalty Free License
Rights Managed License

Masked Image Single User License Agreement

Companies wanting to use our imagery in products for resale requires a different License specific to your needs. Contact Nature's Best Masked Flower Images for more information 

READ THIS LICENSE AGREEMENT BEFORE DOWNLOADING OR USING THIS PRODUCT. IT DEFINES YOUR RIGHTS AND OBLIGATIONS. BY DOWNLOADING IMAGES OR BREAKING SEAL ON CD YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.

If you do not agree to these terms and conditions, do not click the "Add To Cart" button and do not install or use the Nature's Best Masked Flower Images. If you are entering into this Agreement on behalf of your employer, the license and restrictions apply to your employer and to you.

GRANT OF LICENSE. This license is not a sale. Nature's Best Masked Flower Images grants you the non-exclusive, non-transferable license to use the images contained on any CD or downloaded (herein called the "Product") subject to the conditions contained herein. You may not rent, loan, disseminate, publish electronically or by printed media, sell, sublicense, assign, transfer, or grant any rights to this Agreement or the images contained hereon, or grant rights to any compilation, derivative or collective work containing such images to any other person or organization without prior written consent.

You MAY:

Install the Product on only one computer at any one time.

Physically transfer the Product from one computer to another; provided that the Product is used on only one computer at a time.

Use the Product in a network environment, provided there is only one person using the imagery at one time. Contact Nature's Best Masked Flower Images for more information on multiple use license.

You MAY NOT:

Use the Product on more than one computer at a time.

Translate, reverse engineer, decompile and/or disassemble the Product.

Otherwise copy, distribute, rent, loan, disseminate, publish electronically or by printed media, sell, transfer, or grant any rights in the Product in any form to any person, nor shall your works allow any person to directly interact with the Product, without the prior written consent of Nature's Best Masked Flower Images which, if given, is subject to the transferee's consent to the terms and conditions of this license.

Remove any proprietary notices, labels, or marks on the Product.

Use or copy the images from this Product, or any part thereof and/or the written materials accompanying the Product except as permitted by this Agreement. 

Use or permit the use of the images from this Product, or any part thereof, as a trademark or service mark, or claim any proprietary rights of any sort in the images or any part thereof.

Post or permit the posting of any image or images from this Product on any electronic bulletin board or website, or put the images on-line in a downloadable format. 

Sell or distribute any image or images from this Product as stock files, in any size or format, either alone or as part of a digital file library or other product.

Use, or allow anyone else to use any of these images from this Product to create pornographic, libelous, obscene or defamatory images. You also may not use these images in a context where printed material states, implies or could be thought to imply something about the image.

Use or permit the use of the images from this Product, or any part thereof, including derivative works, in any product for resale or in advertising.

Use or permit the use of the images from this Product, or any part thereof, including derivative works, in any product for sale or resale or for use by others, whether or not for sale or resale, without written permission from Nature's Best Masked Flower Images.

Use of an image or images from this Product in a way not covered or specifically prohibited by this Agreement without prior written consent from Nature's Best Masked Flower Images is a violation of United States copyright law and International Treaty provisions. This license is in force until it is terminated. If you do not comply with the terms and conditions above, this license automatically terminates. At termination, the Product must be returned to Nature's Best Masked Flower Images immediately.

This license is not a sale. Title and copyrights to the Product and any copy made by you remain with Nature's Best Masked Flower Images. Unauthorized copying or transmission to others of the Product or failure to comply with the above restrictions, will result in automatic termination of this license and will make available to Nature's Best Masked Flower Images other legal remedies. In the event of termination of this license, you must return all copies of the Product to Nature's Best Masked Flower Images and erase any copies from your hard disk.

LIMITED WARRANTY AND LIMITATION OF LIABILITY

This warranty applies to the Product and the media on which it may have been provided. Warranty on Product shall be limited to replacement of the defective Product for ninety (90) days from date of purchase. Nature's Best Masked Flower Images further warrants for the same period that the Product, under normal use, will substantially perform when used on supported hardware and system software, provided such hardware and system software is in good working order.

Nature's Best Masked Flower Images entire liability and your exclusive remedy under this warranty (which is subject to you returning the Product to Nature's Best Masked Flower Images with a copy of your receipt) will be, at Nature's Best Masked Flower Images option, to attempt to correct or help you around errors with efforts which Nature's Best Masked Flower Images believes suitable to the problem, to replace the Product with functionally equivalent Product or media, as applicable, or to refund the purchase price and terminate this Agreement. 

EXCEPT FOR THE PRIOR EXPRESS LIMITED WARRANTIES, NATURE'S BEST MASKED FLOWER IMAGES MAKES, AND YOU RECEIVE, NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH YOU, NATURE'S BEST MASKED FLOWER IMAGES SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NATURE'S BEST MASKED FLOWER IMAGES DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE AND IS DELIVERED "AS IS" AND WITH ALL FAULTS.

IN NO EVENT WILL NATURE'S BEST MASKED FLOWER IMAGES BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM THE USE OF THE PRODUCT, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF NATURE'S BEST MASKED FLOWER IMAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013.

The user may not sublicense, assign or transfer this Agreement or the Product. This Agreement will be governed by the laws of the State of Wisconsin. This Agreement is the entire agreement between us and supersedes any other communications or advertising with respect to the Product. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

If you have any questions, please contact us at or call 414-762-2204

Copyright ©Nature's Best Masked Flower Images. All Rights Reserved
 



 

Royalty Free License Agreement

This document is a legal agreement between you ("Licensee") and Nature's Best Masked Flower Images. ("Licensor").

You are accepting this Agreement by clicking the "add to cart" button or by installing or using Nature's Best Masked Flower Images. You signify your acceptance of the terms of this License and you agree to be bound by its terms and conditions. If you do not agree to these terms and conditions, do not click the "Add to cart" button and do not install or use the Nature's Best Masked Flower Images. If you are entering into this Agreement on behalf of your employer, the license and restrictions apply to your employer and to you.

1. Definitions

1.1 "Licensed Image" means any still image, photograph (including negatives and transparencies), illustration (created digitally or by any other means), reproduction or any other product protected by copyright, trademark, patent or other intellectual property rights, which is licensed to Licensee by Licensor under the terms of this Agreement.

2. Use granted by License

2.1 Upon the payment of the purchase price for Licensed Images, Licensee is granted a non-exclusive, non-transferable right to use and reproduce the image in printed materials, or any electronic or digital form. In the latter case, each image should be incorporated into a design in such a manner to make it clear that the image is not intended to be separately downloaded, copied, or distributed and the image size in use must be less than 800 pixels on the longest side.

2.2 The above is subject to the following restrictions. Without limitation, images may not be used:
 

  • as a trademark or service mark 
  • for any pornographic, unlawful purpose or use 
  • to defame any person 
  • to violate any person's right of privacy or publicity 
  • to infringe upon any copyright, trade name, trademark, or service mark of any person/entity 
  • for uses covering sensitive subjects including, without limitation, topics that may depict the subject matter of a Licensed Image in a negative or unfavorable light or subject persons to ridicule 
  • use in retail photo products – these include, without limitation, greeting cards, calendars, postcards, stationery, mouse pads, clothing etc. 
  • for a purpose in respect of which a model or property release is required should such a release not be available. You shall check that the image has the appropriate releases before using the image for such a purpose. 


2.3 If any Licensed Image which features a model is used in a manner that implies connection to a product or service by that model, or a potentially unflattering or controversial subject, Licensee must accompany each such use with a statement that indicates that the person is a model and is used for illustrative purposes only.

2.4 "Non-transferable" means that the work Licensee produces using an Image must be for its own use, or if purchased on behalf of an employer or client, that employer or client must be the end user of the work. Licensee may not sell, rent, loan, give, sub license, or otherwise transfer to anyone the Licensed Image, or the right to use an Image, and nothing Licensee produces shall grant or purport to grant to any third party a right to use or duplicate a Licensed Image. Licensee agrees to take all commercially reasonable steps to prevent third parties from duplicating or distributing the Licensed Image.

3. Copyright

All Licensed Images are copyright of Nature's Best Masked Flower Images or its licensors, protected by United States and international copyright laws. No ownership or copyright in any Licensed Image will be transferred to Licensee by issuing the License. Nature's Best Masked Flower Images retains all rights not expressly granted by this license agreement.

4. Payment Terms

License becomes valid only after Licensor's invoice is paid in full. 

5. Warranty and Limitation of Liability

THE REPRESENTATIONS AND WARRANTIES OF LICENSOR MADE HEREIN WILL HAVE NO FORCE OR EFFECT IF LICENSEE IS IN BREACH OF THIS AGREEMENT.

5.1 Licensor warrants to Licensee that the Licensed Image downloaded by Licensee or delivered by Licensor by any means to Licensee will be free from defects. In the event of fault with the delivery medium, Licensor will deliver another copy of the same Licensed Image. In the event of fault with the image, Licensor will refund the Licensee in the amount paid for the corrupt image.

5.2 Licensee must satisfy itself as to the extent and validity of any model or property release, a copy of which will be provided to Licensee upon request. Any personal information of the model or property owner will be edited for the protection of the privacy of the model or property owner.

5.3 Licensor makes no representations or warranties as to whether or not any additional fees or payments may be due to any model depicted in Licensed Images.

LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LICENSOR SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, LOST PROFITS OR OTHER DAMAGES ARISING OUT OF THIS AGREEMENT, THE INVOICE OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Indemnification

Licensee shall indemnify and defend the Licensor against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) a breach of this Agreement, (ii) the use or modification of any Image or combination of any Image with any other material, (iii) Licensee's failure to abide by any restriction regarding the use of an Image, or (iv) any claim by a third party related to the use of an Image, alone or in combination with any other material. The photographer warrants ownership of the copyright for the Image.

7. Applicable Law

This agreement is governed by the laws of the United States whose courts are the courts of exclusive jurisdiction. No action by Licensor, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of this Agreement. Should any clause be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

8. Entire Contract

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. THIS AGREEMENT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION RELATING TO THE SUBJECT OF THIS AGREEMENT.


Rights Managed License Agreement

This document is a legal agreement between you ("Licensee") and Nature's Best Masked Flower Images. ("Licensor").

You are accepting this Agreement by clicking the "add to cart" button or by installing or using Nature's Best Masked Flower Images. You signify your acceptance of the terms of this License and you agree to be bound by its terms and conditions. If you do not agree to these terms and conditions, do not click the "Add to cart" button and do not install or use the Nature's Best Masked Flower Images. If you are entering into this Agreement on behalf of your employer, the license and restrictions apply to your employer and to you.

1. Definitions

1.1 "Licensed Image" means any still image, photograph (including negatives and transparencies), illustration (created digitally or by any other means), reproduction or any other product protected by copyright, trademark, patent or other intellectual property rights, which is licensed to Licensee by Licensor under the terms of this Agreement.

1.2 "Reproduction" means any form of copying or publication of the whole or a part of any Licensed Image. Reproduction also includes the manipulation of the whole or a part of the Licensed Image.

1.3 "Invoice" means the document provided by Licensor that specifies exact terms of use of purchased Licensed Image, all rights and restrictions, as well as the price for the purchased license. 

2. Use granted by License

2.1 Unless stated otherwise on the Invoice, Licensee is granted a non-exclusive, non-transferable and non-assignable right to use Licensed image solely to the extent specified on the invoice - type of use, period of use, territory, size, placement etc., will be strictly defined. Any right that is not specified on the invoice is reserved for use by Licensor without any limitations. The License becomes valid after the invoice is paid.

2.2 The terms specified on the Invoice, and in this License Agreement, shall not be modified without the express written consent of Licensor. Any attempt to modify them, or to deviate from the terms, shall mean Licensee's breach of contract. It will nullify all representations and warranties made by Licensor, as well as Licensor's indemnity obligations.

2.3 Any use of Licensed Images not expressly authorized by the Invoice and this Agreement may constitute an infringement of the proprietary rights of Licensor or a third party and result in Licensee being responsible for any damages resulting from any such use.

2.4 Licensee shall not undertake any expanded use of the Licensed Material without the prior written approval of Licensor and the payment of additional fees to Licensor for such expanded use.

2.5 Licensor makes no warranties with regard to the use of names, trademarks, designs or works of art or architecture depicted in any Licensed Image. Licensee must satisfy itself that all the necessary rights or consents regarding any of the above, have been obtained.

2.6 If any Licensed Image which features a model is used in a manner that implies connection to a product or service by that model, or a potentially unflattering or controversial subject, Licensee must accompany each such use with a statement that indicates that the person is a model and is used for illustrative purposes only.

2.7 Licensee must not use Licensed Image in any way that could be considered defamatory, pornographic, libelous, immoral, obscene or fraudulent, either by making physical changes to it, or by accompanying it with text.

2.8 Licensee must not use Licensed Images in any manner that involves sensitive subject matter, which includes, without limitation, all sexual issues, sexually transmitted diseases, substance abuse, AIDS, cancer, homosexual or alternative lifestyle issues, physical or mental abuse, alcohol or tobacco, without prior written consent from Licensor and the model featured in such image.

2.9 Licensee can require additional rights for Licensed Image and pay for an additional license.

2.10 Licensee can request and negotiate rights to re-use the Licensed Image, or to prolong the license period.

3. Payment Terms

License becomes valid only after Licensor's invoice is paid in full. 

4. Credits

4.1 The following credit line must appear next to any Licensed Image used in an editorial manner: Nature's Best Masked Flower Images

4.2 Unless agreed in writing, if any Licensed Material reproduced by Licensee for editorial purposes omits the credit line specified by Licensor, an additional fee equal to twenty percent (20%) of the original amount invoiced shall be payable by Licensee at Licensor's discretion.

5. Copyright

No ownership or copyright in any Licensed Image will be transferred to Licensee by issuing the License. Licensee shall provide applicable copyright notice and/or protection. Upon demand, Licensee shall immediately assign to Licensor any copyright to the Licensed Image arising out of its publication. No copyright information shall be removed from any digital file.

6. Warranty and Limitation of Liability

THE REPRESENTATIONS AND WARRANTIES OF LICENSOR MADE HEREIN WILL HAVE NO FORCE OR EFFECT IF THE LICENSED MATERIAL IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT.

The following representations and warranties apply only to the Licensed Images when used in accordance with the terms of this Agreement and the uses expressly provided for in the Invoice:

6.1 Licensor warrants to Licensee that the Licensed Image downloaded by Licensee or delivered by Licensor by any means to Licensee will be free from defects. In the event of fault with the delivery medium, Licensor will deliver another copy of the same Licensed Image. In the event of fault with an image, Licensor will refund the Licensee in the amount paid for the corrupt image.

6.2 Licensor warrants that it has all necessary rights to enter into this Agreement in accordance with its terms.

6.3 Licensee must satisfy itself as to the extent and validity of any model or property release, a copy of which will be provided to Licensee upon request. Any personal information of the model or property owner will be edited for the protection of the privacy of the model or property owner.

6.4 Licensor makes no representations or warranties as to whether or not any additional fees or payments may be due to any model depicted in Licensed Images.

LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LICENSOR SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, LOST PROFITS OR OTHER DAMAGES ARISING OUT OF THIS AGREEMENT, THE INVOICE OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Indemnification

7.1 Provided that Licensee uses the Licensed Images only as permitted under the terms of this Agreement and as specified on the Invoice, and is not in breach of this Agreement, Licensor shall defend, indemnify and hold Licensee harmless from all damages (except punitive damages), liabilities and expenses (including reasonable attorneys' fees and permitted and authorized costs), arising out of or connected with any legal proceeding alleging that the possession, distribution or use of the Licensed Images by Licensee infringes on any of the following intellectual property or personal rights of any third party:
 

  • Infringement of the right of privacy or publicity 
  • Copyright infringement 
  • Product disparagement, trade libel, infringement of title, trademark, trade name, service mark and service name. 


THE FOREGOING STATES LICENSOR'S ENTIRE INDEMNIFICATION OBLIGATION UNDER THIS AGREEMENT AND LICENSEE'S SOLE REMEDY FOR ANY ALLEGED OR ACTUAL BREACH OF THE REPRESENTATIONS AND WARRANTIES.

7.2 If Licensor is required to commence legal proceedings against Licensee to enforce any of the terms and conditions of this Agreement, Licensee shall indemnify and hold harmless Licensor for the reasonable legal fees and costs incurred by Licensor.

7.3 Where Licensor has communicated to Licensee that model or property releases for Licensed Material have not been obtained by Licensor, Licensee shall defend, indemnify and hold Licensor harmless from all damages, liabilities, and expenses (including reasonable attorneys' fees and costs), arising out of or connected with any legal proceeding alleging that the possession, distribution or use of the Licensed Images by Licensee infringes on any of the following intellectual property or personal rights of any third party:
 

  • Infringement of the right of privacy or publicity 
  • Copyright infringement 
  • Product disparagement, trade libel, infringement of title, trademark, trade name, service mark and service name. 


8. Electronic Storage

For all Licensed Images that Licensee downloads, Licensee must provide the copyright symbol, the name of Licensor and the Licensed Image identification number as part of the electronic file. Licensee may only use a single copy of the Licensed Image on a single computer. Licensee may not make, use or distribute copies of the Licensed Image for any purpose except as provided in this Agreement and the Invoice, except for making one backup copy for security reasons only. Upon the expiration of this Agreement, Licensee shall promptly delete the Licensed Image from its computer or other electronic storage system.

9. Cancellation Policy

If Licensee decides not to use the Images, it must advise the Licensor in writing (E-mail) within two weeks of the invoice date to receive a full refund. After 14 days from the date of the invoice, the invoice cannot be canceled and full payment will be due.

10. Unauthorized Use of Licensed Image

Licensee agrees to indemnify and hold Licensor harmless against any claim for damages, losses or any costs, including attorneys' fees, arising in any manner whatsoever from the unauthorized use of any Licensed Material or for Licensee's breach of any of the terms of this Agreement.

11. Applicable Law

This agreement is governed by the laws of the United States whose courts are the courts of exclusive jurisdiction. No action by Licensor, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of this Agreement. Should any clause be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

12. Entire Contract

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. THIS AGREEMENT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION RELATING TO THE SUBJECT OF THIS AGREEMENT.
 
 

 Home  |  Site Directory  |  Photo Gallery  |  Free Samples  |  Contact Us
Copyright  © 1999 - 2008 Nature's Best Masked Flower Images. All Rights Reserved.