Evaluation Usage License

Effective Date: December 12, 2019

This is a legal agreement between you (hereafter referred to as "Licensee"), one or more image owners, copyright holders and their legal representatives (hereafter referred to as "TobinPhoto.com"). Usage of images as defined below constitutes Licensee's agreement to be bound by the terms below.

Definitions

"Comp" means a component used in unpublished design layouts, which show the relative positions of text and illustrations.

"Sample" means an image shared among a small private group for evaluation only and not for publication.

Grant of Rights

Accompanying or downloaded images ("Evaluation Images") are available only to aid in customer purchase decisions. TobinPhoto.com grants to Licensee, a revocable, non-exclusive, non-sublicensable right to use Evaluation Images as a Comp or Sample. Otherwise, images may not be shared by creating a disc library, network configuration or similar arrangement, and Licensee may not create a network of servers which enables others to share Evaluation Images (either with or without a central location).

Warranty

TobinPhoto.com warrants Evaluation Images to be free from defects in material and workmanship for 30 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the Evaluation Images at TobinPhoto.com's option. TobinPhoto.com makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Some states do not permit the exclusion of implied warranties, and you may have other rights, which may vary from state to state. TobinPhoto.com shall not be liable to Licensee or any other person or entity for any general, special, direct, indirect, consequential, incidental, or other damages arising out of this license or otherwise.

General

All rights to images not expressly granted in this agreement are retained by image owners and copyright holders, and are protected by United States copyright laws, international treaty provisions and other applicable laws. This agreement is automatically terminated without notice if Licensee fails to comply with any provision above. Upon termination, Licensee must immediately stop using and permanently destroy all copies of Evaluation Images.

Additional Rights Available

If you require expanded or additional usage rights, you must contact us for express written consent, such as an additional license and invoice. With stipulations, non-commercial usage of watermarked images are available at no charge. Please be sure to contact us if you are unsure of your usage rights under this agreement.