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THIS END-USER LICENSE AGREEMENT (this “Agreement”) constitutes an agreement between you (“You”) and The University of Utah (“we” or “University”). By downloading and/or purchasing any image or material (“Material”) from our website, You hereby agree to the following terms and conditions as outlined herein, and as listed elsewhere on our website:
A. You are granted a limited, non-exclusive, nontransferable license to download, use, modify, and display our Materials, solely for official University of Utah use, in accordance with the terms and conditions of this Agreement and all applicable laws and University of Utah policies and procedures. Examples of permitted University uses can be found on our website.
B. Purchases of our Materials must be made by a University of Utah campus order.
C. In addition, and without limiting the generality of the foregoing, You specifically agree not to access, acquire, or use our Materials in any of the following manners:
1. You may not distribute, share, sell, or give away any of our Materials at any time for any reason whatsoever.
2. You may not use any of the Materials downloaded or obtained from our site in a website template or any template or design sold individually or as part of an archive or catalog collection, or an automated shopping system, under any circumstances. You MAY however use our photos in University of Utah websites that are NOT distributed through an archive or automatic system.
3. You may not allow or authorize any third party to use the Materials for any purpose at any time or resell, sublicense, or otherwise make available the Materials for use or distribution separately or detached from University of Utah materials or web pages.
4. You may not use any download software, internet accelerators, or other similar software or automated programs to access or download any Materials from our website at any time.
5. You may not under any circumstances use the Material in connection with any illegal, obscene, immoral, or pornographic material.
D. You understand that any unauthorized use of any of these Materials by You may be an infringement upon copyright. Downloading these Materials does not transfer any title from these Materials to You, or any intellectual property rights therein to You.
E. All Materials are made available to You AS IS, AS AVAILABLE, and WITH ALL FAULTS. The University and its employees, directors, officers, and trustees, and anyone else associated with the University (collectively, the “University Related Parties”) make no representation or warranty with respect to the Materials, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. The University further makes no representation or warranty that Your usage of the Material or our website will be uninterrupted, error-free, or free of computer viruses or other damaging materials. When You access our website and any of the Materials, You do so at Your own risk.
F. The University and the University Related Parties shall not be liable for any indirect, special, consequential, or economic damages, including but not limited to loss of revenue or profits, arising out of the use of, or inability to use, the Materials. The University and the University Related Parties will in no event be liable for any damages that exceed the amount paid by You for accessing, acquiring, and/or using the Materials from our website.
G. You warrant and attest that You are of the age of majority, and that Your purchase shall serve as confirmation and attestation to this statement. You further agree that You fully understand the contents, meaning and impact of this Agreement. You will not use these Materials in any way that is not permitted in this Agreement or in violation of this Agreement. Your use of these Materials will not violate any applicable law or regulation of any country, state, or other governmental entity. You further attest that the information You provide to the University in connection with Your purchase of our Material is accurate and true.
H. You agree to fully, indemnify, and hold harmless the University and the University Related Parties and each of their respective successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including reasonable attorneys’ fees and expenses, arising in connection with Your unauthorized use of the Materials and this website or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement.
I. You acknowledge that this Agreement expresses the parties entire understanding and agreement, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this Agreement. Any modifications to this Agreement shall be made in writing and agreed to by both parties in writing. The parties further acknowledge that this Agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between You and the University with respect to the Materials and other matters expressly set forth in this Agreement.
J. You agree, attest, and reaffirm Your agreement to the terms listed herein.
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