License Rights

All content on FIOLEX GRAPHICS, including software, images, text, audio and video, is owned by FIOLEX and/or the respective copyright owner. The website and its content are protected by international copyright, trade dress and other intellectual property laws and are subject to this License Agreement.

BY PURCHASING, DOWNLOADING AND/OR USING PRODUCTS AND SERVICES FROM FIOLEX GRAPHICS, INCLUDING, BUT NOT LIMITED TO, SOFTWARE, IMAGES, AUDIO AND VIDEO, YOU AGREE TO ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. THIS LICENSE AGREEMENT IS SUBJECT TO OUR GENERAL TERMS AND CONDITIONS.

General Terms and Conditions

Products published under the name "FIOLEX", including software, images, video and audio, are created by or licensed to FIOLEX. Third-party products published or offered on FIOLEX GRAPHICS belong to their respective authors. These products are protected by international copyright and other intellectual property laws. When you acquire a product, you may use it only under the license terms that apply to that product. Each product identifies its license model. Unless otherwise specified, the default license is Private Use (PR).

Any use outside the applicable license terms requires explicit written permission from FIOLEX and/or the respective authors.

ALL THE CONTENTS OF THIS WEBSITE MUST BE USED IN COMPLIANCE WITH ALL APPLICABLE LAWS. THE USE, DISPLAY OR DISTRIBUTION OF ALL CONTENTS, PRODUCTS AND SERVICES OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, SOFTWARE, IMAGES, AUDIO AND VIDEO, FOR ANY UNLAWFUL PURPOSES AND/OR TOGETHER WITH PORNOGRAPHIC, OBSCENE, RACIST, DISCRIMINATING, DEFAMATORY OR ABUSIVE MATERIAL, OR WITH MATERIAL DISPLAYING PREJUDICE BASED ON ETHNIC HERITAGE, RACE, RELIGION, SEXUAL ORIENTATION OR AGE IS STRICTLY PROHIBITED.

Private Use (PR) — Licenses for Personal Use

Unless otherwise specified, Private Use (PR) is the default license, including for products provided free of charge.

Private Use products are for personal, non-commercial use only, whether purchased or received free of charge. FIOLEX grants you a limited, non-exclusive and non-transferable license to use these products under this agreement. FIOLEX and/or the copyright owner retain sole and exclusive ownership and all intellectual property rights in their respective products. You may not copy (except for personal purposes), share, distribute, resell, offer for resale, transfer or sublicense any part of a product without explicit permission and/or an agreement with FIOLEX and/or the copyright owner. Terms may vary by product. See the Special Terms of Use for website use and free downloads.

Royalty Free (RF) — Licenses with Usage Restrictions

Royalty Free licenses are generally offered for images, audio and video for a one-time royalty payment on a non-exclusive basis. The payment does not depend on whether the use is private or commercial, or on usage or other criteria. The permitted uses and restrictions below still apply.

Use, Rights and Duties

All products, including, but not limited to, software, images, video, audio and any other media and content in any form delivered to the customer ("Licensee") by FIOLEX, whether by download, on physical media or otherwise ("licensed material"), are licensed, not sold, to Licensee by FIOLEX for use in accordance with this Agreement. FIOLEX and/or the appropriate Copyright owner shall have and retain all rights, title and interest, and Intellectual Property Rights in and to all licensed material. Licensee shall have all rights, titles and interests, and Intellectual Property Rights in and to all products and derivative works created with licensed material in accordance with this Agreement. Licensee has the non-exclusive, non-transferable, non-sublicensable right to copy, reproduce, transmit, display, alter, crop and manipulate the licensed material (including the right to create derivative works) an unlimited number of times in any and all media for the following purposes:

• Advertising and promotional materials.
• Publications, artwork and product design.
• Multimedia, web and screen design.
• Any other use approved in writing by FIOLEX.

Licensee's rights to the licensed material are worldwide and perpetual on a non-exclusive basis. Licensee may sell or license derivative works and products incorporating licensed material in accordance with the permitted uses and terms, provided that a) the Licensee's customer cannot extract or access the licensed material itself and b) the licensed material is not the main component of Licensee's derivative work or product. Examples of not allowed use, without prior written permission and/or special agreements with FIOLEX:

• Creating and selling clipart libraries containing licensed clipart.
• Compiling and selling image collections containing licensed images.
• Making licensed material available online for download.
• Selling products in which licensed material is the main component, such as greeting cards, calendars, coloring books or merchandise.

These projects usually require a Rights Managed license.

Restrictions

The Digital Media may not be used in a pornographic, defamatory, libelous or otherwise illegal manner, whether directly or in context or juxtaposition with other materials. Digital Media shall not be incorporated into a logo, trademark or service mark. Licensee may not sublicense, sell, assign, convey or transfer any of its rights under this Agreement.

Images Depicting People

If an image featuring a person is used in a manner that implies endorsement, use of, or a connection to a product or service by that model, or a potentially unflattering or controversial subject, the licensee must print a statement, which indicates that the person is a model and is used for illustrative purposes only.

Warranties and Liability

FIOLEX grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any licensed material, and Licensee must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained.

FIOLEX may terminate the license contained in this Agreement immediately without prior notice, if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately stop using the respective material, and destroy, delete or remove all such material from Licensee's computer systems and storage, electronic or physical.

FIOLEX reserves the right to revoke the license to use the material for good cause and elect to replace such material with alternative material. Upon notice of any revocation of a license for any particular material, Licensee shall immediately cease using such material and shall ensure that its clients and customers do likewise.

FIOLEX warrants the licensed material 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 respective material.

FIOLEX MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LICENSED MATERIAL, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER FIOLEX NOR ITS MANAGER, EMPLOYEES, LICENSORS, PARTNER, AFFILIATES, AGENTS, DISTRIBUTORS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF DATA OR PROFITS, ARISING OUT OF YOUR USE OF, YOUR INABILITY TO USE, OR THE PERFORMANCE OR THE CONTENT OF THE LICENSED MATERIAL, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IN THE EVENT OF NEGLIGENCE. OUR ENTIRE LIABILITY IS LIMITED, WITHOUT EXCEPTION, TO THE REIMBURSEMENT OF THE AMOUNT PAID BY YOU TO US FOR THE LICENSED MATERIAL. SOME US STATES AND OTHER COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR CERTAIN KIND OF DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Rights Managed (RM) — Client- and Project-Specific Licenses

Rights Managed (RM) licenses are custom licenses granted to a client for a specific project. They may be exclusive or non-exclusive for a particular geographical area, period and product category. Licensed works can also be tailored to the customer's needs.

Rights Managed licenses provide broad rights within the agreed terms. Each license is negotiated with the client and established by contract. Usage rights and fees depend on the project, purpose, print run, area of circulation, duration and other agreed criteria.

Examples of projects covered by Rights Managed licenses include:

• Creating logos or trademarks.
• Using exclusive graphics in advertising campaigns.
• Designing coloring books, cards or merchandise with licensed graphics as the main element.
• Including licensed clipart and images in personal collections.
• Marketing licensed images under your own label.
• Bundling licensed software with your own products, such as cameras, printers, or clipart and image libraries.

To discuss a specific use or license for our images or collections, contact salesp@fiolex.net. We can discuss your project and prepare an offer that meets your needs.

Special Terms of Use

Free Download Services

All products and services available as free downloads, including software, images, video and audio, are subject to our General License Terms and Conditions and the Private Use (PR) terms.

You may freely download, use, copy and share with friends the software, images, video, audio and other content from our free download services, in accordance with our copyright and license agreements. Commercial use requires written permission from FIOLEX.

Using Fiolex Graphics on Your Website

You may use purchased or free FIOLEX graphics on your personal website. If you use our free graphics, we ask you to link to our website (see Links to Fiolex). The link may appear on a separate links page.

To display FIOLEX graphics on your website, first copy the files to your own server and then embed them in your pages. Embedding graphics directly from our servers (hotlinking) is not allowed.

Commercial websites are subject to individual terms.

Offering Fiolex Graphics for Download

You may not offer FIOLEX graphics for download on your own website without prior explicit permission from FIOLEX and/or the respective authors. This applies to personal and commercial websites and covers:

• All graphics published on FIOLEX GRAPHICS, free or for sale, regardless of the author.
• All FIOLEX graphics obtained through other channels or on digital storage media.

Graphics from FIOLEX, its partners, licensors or other authors may be offered for download on personal or commercial websites under the following conditions:

• Written consent or a license from FIOLEX or the respective author has been obtained in advance.
• The images are part of a product that explicitly permits downloads under special terms.

Please contact us if you would like to offer FIOLEX graphics for download on your website.

Using Fiolex Graphics as E-cards

You may not use or embed FIOLEX graphics as e-cards on your website without prior explicit permission from FIOLEX and/or the respective authors. Individual licensing terms may apply. This applies to personal and commercial websites and covers:

• All graphics published on FIOLEX GRAPHICS, free or for sale, regardless of the author.
• All FIOLEX graphics obtained through other channels or on digital storage media.

Graphics from FIOLEX, its partners, licensors or other authors may be used as e-cards on personal or commercial websites under the following conditions:

• Written consent or a license from FIOLEX or the respective author has been obtained in advance.
• The images are part of a product that explicitly permits use as e-cards under special terms.

Please contact us if you would like to use FIOLEX graphics as e-cards.

Links to Fiolex

Links to our website are welcome under these conditions:

1. Links must point to our main page at http://www.fiolex.graphics. Direct links to subpages, products, images, downloads, other files or content require prior permission.
2. The linked FIOLEX website must open in a separate window. Displaying it within frames on your website requires prior permission.
3. Links from websites with illegal and/or immoral content are prohibited. See the compliance requirements in the General Terms and Conditions.

Miscellaneous

Product-specific license terms may supplement or partially replace the terms above.

FIOLEX and/or the respective copyright owner retain all rights, title, interest and intellectual property rights in all licensed products.

FIOLEX reserves the right to change these terms and conditions at any time. If any clause becomes inoperative, the remaining clauses remain in full force and effect. This agreement is subject to our General Terms and Conditions.

This agreement is governed by Swiss statutes and laws, without reference to its laws relating to conflicts of law. Venue for all disputes concerning this agreement shall lie exclusively in the courts of Baden, Switzerland.