Photo Download Sale Agreement - Please Print this Agreement to Make Photo Prints via a Third Party
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CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS.
By viewing and/or using digital image files contained in the Single Image or Collection Photo Download (“Download”), you the buyer (“Buyer”) are agreeing to abide by the terms hereof.
CONVEYANCE: In consideration for the Download purchase price paid by Buyer to Kodak Alaris, Inc. and Olympic Regional Development Authority ("ORDA"), (“Sellers”), through the Miracle Moment Photos web site found at http://www.miraclemomentphotos.com (the "Photo Site"), Sellers hereby grant, sell and convey to Buyer the intellectual property rights owned by Sellers or their affiliates only in and to the digital image files contained in the Download (the Photographs). The Buyer's rights to the Photographs, however, are subject to any and all intellectual property rights owned by Sellers and their affiliates or by any third party in and to any borders, greeting cards, trademarks, trade names, logos, cartoon characters or similar intellectual properties displayed in or as a part of such digital image files when such files are rendered into visible form from the Download.
RIGHTS AND RESTRICTIONS CONCERNING USE: In further consideration of the rights conveyed by Sellers, Buyer agrees not to resell, or otherwise use in any commercial manner (i.e., use, duplicate, display in any form or fashion, whether now known or hereafter developed, for the purpose of receiving or facilitating the receipt of financial remuneration or any other consideration), the digital image files or the Photographs or prints of the Photographs. Buyer and Sellers agree that Buyer shall have the right to create duplicates of the digital image files contained in the Download and the Photographs for personal use and to give as gifts, so long as such duplicates are not used in the described commercial manner. Other than to create duplicates of the digital image files and the Photographs, Buyer shall receive no right to use, and shall receive no rights or ownership interest of any type in or with respect to any other intellectual property rights owned by Sellers and their affiliates, or by any third party, that are displayed in or as part of any digital image file or Photograph. All intellectual property rights (including, without limitation, copyright and trademark rights) in and to properties depicted in any Photograph shall remain the property of their respective owners.