Matthews' Botanical Images LICENSING TERMS & CONDITIONS
END-USER LICENSE AGREEMENT (EULA)
By downloading any image or material from our website, you hereby agree
to the following terms and conditions as outlined herein, and as listed
elsewhere on our website:
This agreement is made by and between Matthews' Botanical Images
(otherwise listed herein as You or Your) who creates an account for the
right to access, acquire, and use Materials from this website.
Matthews' Botanical Images hereby represents that it owns all rights and
copyrights to all materials on our website, and all rights and
copyrights to said website and materials shall remain the exclusive
property, right and control of and under Matthews' Botanical Images
and Materials from our website will constitute and be defined as any
photo, image, design, or layout represented on the Matthews' Botanical
Images website. By downloading any Materials from Matthews' Botanical
Images you are asserting your declaration that you have read,
understood, and agreed to all terms and conditions listed in this
Agreement, and otherwise identified on our website.
A. Users Rights to Materials from Matthews' Botanical Images. You agree to access, acquire, and use our Materials as follows:
- These Terms and Conditions constitute a legal Agreement between You and Matthews' Botanical Images.
- Matthews' Botanical Images.com grants You a nonexclusive,
nontransferable license to download, use, modify, publish, and display
our Materials according to the defined Terms and Conditions of this
- You may access, acquire, and use the materials downloaded from
Matthews' Botanical Images.com subject to these Terms and Conditions in
the following manner:
- a. In the development and creation of your business presence and entity.
- b. As part of an offline presentation, meaning in menus,
magazines, in books, on book covers as part of the covers design, and
- c. In the development and creation of marketing, promotional,
or advertising materials, including newsletters, mailers, print ads,
packaging, and fliers.
- d. As part of office presentation and layout for your business,
in other words, for decor in an office, lobby, retail store, or public
- e. In a PowerPoint presentation, however, use of our Materials
in this medium must include an explicit statement in an easily
identifiable location in this presentation noting that some images
contained in this presentation are the copyrighted property of Matthews'
Botanical Images. As such, these images are being used under a license
from said entities, and may not be copied or downloaded without
explicit permission from Matthews' Botanical Images.
- f. As part of a design element of a website, video, film,
television broadcast, CD-Rom cover, or video game. However, you may
not, under any circumstances use the materials from our website 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 client
websites that are NOT distributed through an archive or automatic
B. Users Restrictions on the Use of Matthews' Botanical Images
Materials. You agree not to access, acquire, or use our Materials in
any of the following manners:
- You may not at any time share, sell, give, or allow anyone to use
your username/password, nor access your account for any reason.
- You may not distribute, share, sell, or give away any of our Materials at any time for any reason whatsoever.
- You may not distribute our Materials electronically or in hard
copy, except as specifically outlined in the Users Rights to Materials
from Matthews' Botanical Images section of this Agreement.
- 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 client websites that are NOT distributed through an
archive or automatic system.
- 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 a product or Web page.
- 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.
- You may not under any circumstances use Materials in connection with any illegal, obscene, immoral, or pornographic material.
C. You understand and agree that Matthews' Botanical Images may, in its sole discretion:
- Monitor your download activity from Matthews' Botanical Images as
often as Matthews' Botanical Images determines under its sole discretion
for any reason and for any violation of this Agreement.
- Disable any account that engages in what Matthews' Botanical
Images determines to be a large number of photos on any given day, as
such activity indicates possible EULA violations or abuse of a
username/password and account.
- Limit downloads to a fixed amount of downloads per 24 hour
period, per user, as Matthews' Botanical Images sees fit on an
individual basis, and to ensure the quality of our service is retained
to be delivered to all.
- Investigate any abuse of your username and password in
connection with the Matthews' Botanical Images website or in connection
with this Agreement.
- Take the appropriate action to investigate all potential abuse,
which can lead to contacting the individual involved with the
violations, account suspension, account termination, or other actions
deemed necessary depending on the nature and severity of the violations,
if we are unable to confirm the validity of the activity.
- Terminate your account immediately for any violation of this
agreement, or the Terms and Conditions as defined in this Agreement and
elsewhere on Matthews' Botanical Images, without notice. If your
account is terminated for any violation of this Agreement and/or abuse
of your username or password, and/or our Materials, you lose all rights
to Matthews' Botanical Images Materials, and you must IMMEDIATELY delete
any and all Materials obtained prior to this termination, and forfeit
all fees paid.
D. You understand that Materials are copyrighted and owned by
Matthews' Botanical Images only, and any unauthorized use of any of
these Materials by you may be an infringement upon said copyright.
Matthews' Botanical Images and all Materials are made available to you
AS IS, AS AVAILABLE, and WITH ALL FAULTS. Matthews' Botanical Images
its employees, directors, and officers and anyone else associated with
Matthews' Botanical Images makes no representation or warranty, express
or implied, including without limitation warranties of merchantability,
fitness for a particular purpose, or non-infringement. Matthews'
Botanical Images further makes no representation or warranty that your
usage of Matthews' Botanical Images will be uninterrupted, error free of
computer viruses, or other damaging materials. When you login to your
account, and access Matthews' Botanical Images, you do so at your own
F. Matthews' Botanical Images, its employees, directors,
and officers, or anyone else associated with Matthews' Botanical Images
shall not be liable for any indirect, special, consequential, economic
damages including but not limited to loss of revenue or profits, arising
out of the use, or inability to use, the Materials. Matthews'
Botanical Images, its employees, or related parties, will in no event be
liable for any damages to exceed the amount paid by you for accessing
or using Matthews' Botanical Images, and for accessing, acquiring,
and/or using Materials from Matthews' Botanical Images.
OF MAJORITY. You warrant and attest that you are of the age of
majority, and that your signature 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 Matthews' Botanical Images is accurate
and true, including without limitation all credit card information
You agree to fully, indemnify, and hold harmless Matthews' Botanical
Images, its employees, directors, officers, and any other entity
associated with Matthews' Botanical Images, and each of its successors,
licensees, and assigns free and harmless from any and all claims,
liabilities, costs, losses, damages, expenses, including attorneys fees
and expenses, arising in connection with Your 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.
ENTIRE AGREEMENT. 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 the Buyer and Seller with
respect to the matters expressly set forth in this agreement.
J. You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically.