NONCOMMERCIAL

License Agreement for Low Resolution Image

This NONCOMMERCIAL License Agreement for LOW RESOLUTION IMAGES (the "License") is between You ("Licensee") and Heather Kyoht Luterman ("Licensor"). Licensee understands that the Work, defined below, is protected by copyright and/or other applicable law and that use of the Work is limited to noncommercial use. By Licensee obtaining, downloading or using the Work in any manner, Licensee accepts and agrees to be bound by the terms of this License and agrees to use the Work in accordance with this License. If Licensee is entering into this agreement of behalf of Licensee's employer ("Employer"), the license granted and restrictions and limitations recited herein apply to Employer as well as to Licensee as a representative of Employer. Should Licensee cease working for Employer, Employer may continue to operate under this agreement.

Definitions

1. "Adaptation" means a derivative work based upon the Work resulting from any adaptation, changes, alterations and/or rearrangements by any means to the Work.
2. "Collection" means a collection of individual and separate literary or artistic works brought together into one creation where the individual and separate literary or artistic works are reproduced with no alterations, changes or modifications. A Collection will not be considered an Adaptation as defined above.
3. "Noncommercial use" means use of the Work by the Licensee that does not result in a sale, lease, license, loan or other monetary remuneration. Noncommercial use of the Work excludes, without limitation, any use of the Work as part of or in any way connected with a product or service which is sold, offered for sale, licensed, leased, loaned or rented.
4. "Public" means any member of the community other than the immediate family of the Licensee.
5. "Publicly Perform" means to use the Work in a performance of any kind in a public venue, not to include the Licensee's personal abode.
6. "Reproduce" means to make reproductions, transcriptions or copies of any kind of the Work by any means.
7. "Work" means Licensor's low resolution digital images.
8. "You" means an individual or entity who has not previously violated the terms of this License with respect to the Work.

Grant Of License and Acceptable Use

Subject to the terms and conditions of this License, Licensor hereby grants to Licensee a worldwide, royalty-free, nonexclusive, nontransferable license to reproduce the Work, incorporate the Work into one or more Collections, to reproduce the Work as incorporated in the Collections and to Publicly Perform the Work including as incorporated in Collections.

Licensee may make such modifications as are technically necessary to use the Work in other media and formats as long as such use is in accordance with the terms and conditions of this License.

Ownership of copyright remains with the Licensor. All rights note expressly granted to Licensee by License are hereby reserved to Licensor.

Limitations on Use of the Work

Licensee has no right to make Adaptations of the Work. Licensee agrees that if Licensee reproduces or Publicly Performs the Work either by itself or as part of any Collections, Licensee may not distort, mutilate, modify or take other action in relation to the Work which would be prejudicial to the Licensor's honor or reputation.

The Work may not be used in any materials distributed to the public by Licensee if such distribution results in, is directed toward or is primarily intended for commercial advantage or monetary compensation. Licensee may not sell, license or distribute Licensee's work in such a way that the Work can be extracted or accessed as a stand-alone file. The Work may not be incorporated into a logo, trademark or service mark.

The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or monetary compensation, provided no payment of any monetary compensation is made in connection with the exchange of the copyrighted works.

Licensee must include a copy of this License with every copy of the Work used in noncommercial events or Publicly Performed. Licensee may not offer or impose any terms on the Work that restrict the terms of this License or the ability of the recipient of the Work to exercise the rights granted to that recipient under the terms of the License. Licensee may not sublicense the Work. Licensee must keep intact all notices that refer to this License and to the disclaimer of warranties with every copy of the Work.

Attribution

The following attribution must appear conspicuously: "© H. Kyoht Luterman". If Licensee does not attribute the Work to the Licensor, Licensee is in breach of this License and has fifteen (15) days after notification by Licensor to remedy the lack of attribution. If Licensee does not remedy within the fifteen (15) day period, this License is terminated and Licensee must remove, return and/or destroy all copies of the Work.

If Licensee provides the Work to a third party in a noncommercial exchange, Licensee must inform the third party of the attribution requirement and provide the third party with a copy of this License.

Warranty

LICENSOR OFFERS THE WORK "AS-IS" AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.

Limitation on Liability

LICENSOR SHALL NOT BE LIABLE TO LICENSEE ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK.

Term and Termination

The term of this License shall be perpetual or for the duration of the applicable copyright in the Work. Licensee understands that Licensor may license the Work under different license terms.

Licensor has the right to terminate this License for any reason. Such termination shall be affected by Licensor providing Licensee written notice of such intent to terminate this License and the date of termination.

This License and all rights granted herein will terminate automatically upon any breach by the Licensee of the terms and conditions of this License.

Upon termination, Licensee must immediately cease all use of the Work and shall have thirty (30) days to destroy all physical and digital copies of the Work.

Miscellaneous

If Licensee offers a noncommercial exchange or offering of the Work, in any form, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to Licensee under this License.

If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.

This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from Licensee. This License may not be modified without the mutual written agreement of the Licensor and the Licensee.

All images are © H. Kyoht Luterman