LICENSE AGREEMENT

The Cartoon Bank Usage Policy Statement Thank you for contacting The Cartoon Bank, a division of The New Yorker Magazine. * All cartoons are copyrighted and cannot be used for any purpose without prior written approval of The Cartoon Bank. Unless otherwise stated, permission is non-exclusive and limited to one-time use only. Specific permission is granted below. * A credit line must appear with each cartoon. Please refer to the credit information below. * Cartoons which first appeared in The New Yorker Magazine must be printed with a credit line indicating they are from The New Yorker Collection. * The drawings and captions of cartoons from The New Yorker Collection must always appear in full and unchanged. These images may not be colored or altered in any way. Drawings and captions of cartoons from The Cartoon Bank must appear in full and unchanged unless prior agreement is granted by the artist and The Cartoon Bank. * Two copies of the publication containing cartoons must be forwarded to The Cartoon Bank upon publication. * You will be invoiced under separate cover. Payment is due 30 days from receipt of the invoice. We do not supply cartoons in advance of purchase. Please note that our policy is payment upon receipt not upon publication. In the event that you cannot use a cartoon that you have purchased, we will refund you 50% of the cartoon's purchase price if notified before your reprint date or within 60 days of the date of purchase, whichever comes first. * Search fees will be deducted from the total cost of reprinting if you place your order within 60 days of the search fee invoice. The following Credit line must appear with each cartoon: © 2008 The New Yorker Collection from cartoonbank.com. All Rights Reserved. -- License for Presentations by Powerpoint or other Similar Software (End User License Agreement) This agreement governs your rights to the digital files of The Cartoon Bank (sometimes referred to as "TCB" or "we" or "us") for use in your electronic presentations. It is a legally-binding contract between you and us that grants you one time, limited rights to use the digital cartoon files you have selected. These cartoons are sometimes referred to below as the "TCB Cartoon Downloads" or the "Cartoons." In order to purchase rights to the Cartoons, you must agree to the terms of this agreement. After you have read this agreement, you can indicate your acceptance of its terms by clicking the "I Agree" button below. LICENSE AND LIMITATIONS ON USE TCB hereby grants you a non-exclusive, non-transferable, revocable license to use the TCB Cartoon Downloads in accordance with the following limitations (the "Non-Permitted Uses"). PERMITTED USES You may use TCB Cartoon Downloads in your electronic presentations. The term "Presentations" means a personal or business presentation that you prepare and present for yourself or that you prepare on behalf of your company or an individual in the company, prepared with Microsoft PowerPoint or similar presentation tools, and which conveys ideas and presents facts, opinions, and information to others. Except where specifically restricted, you can also print out and distribute your Presentations. NON-PERMITTED USES 1. You may not use TCB Cartoon Downloads to directly advertise or directly promote any product or service or use TCB Cartoon Downloads in any presentation, service, or product that is offered for sale. 2. You may not sell or advertise for sale any electronic Internet, or print presentations containing TCB Cartoon Downloads. 3. Cartoons that have been published in The New Yorker magazine may not be cropped, altered, modified or colored. You agree to comply with copyright notice provisions provided by The Cartoon Bank, and you will not remove any copyright notice from the actual cartoon. 4. The Cartoon Bank reserves all rights not specifically granted in this license. Without limitation, the following uses of TCB Cartoon Downloads are not permitted under this license: a. Use in any magazine, newspaper, book or multimedia product or service. b. Use in any commercial Web site to advertise or promote any products or services. c. Use in any video and broadcast media distributed over public airwaves, cable, satellite, or closed circuit system. d. Electronic downloading or copying by others. TERM The license granted under this agreement is for one year from the date you licensed TCB Cartoon Downloads for presentations. WARRANTIES AND DISCLAIMER OF WARRANTIES THE CARTOONS ARE PROVIDED SOLELY ON AN "AS IS" BASIS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TCB AND ITS PARENT, SUBSIDIARIES, LICENSORS, DISTRIBUTORS, SUPPLIERS AND AFFILIATES: (1) DO NOT MAKE AY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE CARTOONS; (2) EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE; AND (3) DO NOT WARRANT THAT THE CARTOON OR YOUR USE THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. YOUR SOLE AND EXCLUSIVE REMEDYAND WARRANTY AND TCB’S AND ITS PARENT’S, SUBSIDIARIES’, LICNSORS’, DISTRIBUTORS’, SUPPLIERS’ O AFFILIATES’ SOLE OBLIGATIONS AND LIABILITY HEREUNDER WITH RESPECT TO THE CARTOONS WILL BE, AT TCB’S SOLE OPTION, REPLACEMENT OF THE DEFECTIVE CARTOONS OR A WHOLE OR PARTIAL REFUND OF THE FEE PAID BY YOU FOR THE DEFECTIVE CARTOONS IN ACCORDANCE WITH OUR REFUND POLICY. LIMITATION OF LIABILITY EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT WILL TCB, ITS PARENT, SUBSIDIARIES, LICENSORS, DISTRIBUTORS, SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS, HOWEVER CAUSED, ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER OF IT UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO (1) DAMAGES ARISING FROM LOSS OF DATA; AND (2) DAMAGES ARISING FROM YOUR USE OF THE CARTOONS IN VIOLATION OF THIS AGREEMENT, INCLUDING THE NON-PERMITTED USES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. INDEMNIFICATION You will defend and indemnify TCB and its parent, subsidiaries, licensors, distributors, suppliers and affiliates (and their respective officers, directors, employees and agents) against any and all claims, losses, damages, liabilities, deficiencies, judgments, assessments, fines, costs and other expenses (including reasonable attorneys' fees) arising from or relating to your use of the Cartoons in violation of this agreement. TERMINATION This agreement and your rights to access, download and use the TCB Cartoon Downloads are subject to immediate termination, without notice, if you breach any provision of this agreement or if you use the TCB Cartoon Downloads in violation of this agreement. If such termination without notice is expressly prohibited by applicable law, then such termination will occur upon notice of any such breach. Upon termination, you must: (i) cease all use of the TCB Cartoon Downloads, (ii) destroy all electronic files of the TCB Cartoon Downloads and (iii) return any physical copies of the TCB Cartoon Downloads to TCB. CHOICE OF LAW AND VENUE This agreement will be governed by the laws of the state of New York, without regard to its conflicts of law principles. You agree that any claim or dispute arising out of or relating to this agreement will be brought in an appropriate state or federal court located in New York County, New York. You agree to submit to the exclusive jurisdiction and venue of these courts and waive any jurisdictional, venue or inconvenient forum objections to such courts. SURVIVAL The paragraphs entitled "INDEMNIFICATION" and "CHOICE OF LAW AND VENUE" will survive termination of this agreement. ENTIRE AGREEMENT AND SEVERABILITY This agreement constitutes the entire agreement between you and TCB with respect to its subject matter. If any part of this agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this agreement will be interpreted so as to reasonably effect the intention of the parties.

Close window