This Agreement governs your use of Caribou Creative "Content" (namely, the photographic images, illustrations, animations, audio clips, Flash files, video clips or other material that is included on this CD-ROM).

Caribou Creative, a division of Yoost, Inc. grants you (or your employer) a personal, non-transferable, non-exclusive right to transfer the Content on the accompanying CD-ROM to one computer at a time and to use the Content on that computer with a single user, subject to the following terms and conditions.

PERMITTED USES

1. You may use the Content for personal purposes and for professional uses incidental to other commercial activities such as, without limitation or exclusion, advertising, promotional materials, packaging; broadcast or theatrical exhibition, online or electronic distribution including web page design; for electronic or print publication; or for personal non-commercial use including test, sample, mockup, comp or layout.

2. Content may be incorporated in products offered for resale where the Content is a significant part of the product (such as T-shirts, book covers, disposable or non-disposable packaging, mugs, posters, calendars, luggage, jackets, shoes, lunchboxes, coasters, greeting cards, etc.). You will not need to purchase any additional resale illustration license to incorporate Content into these types of products.

PROHIBITED USES

1. You may not use the Content in any manner that is not expressly permitted in this agreement. All rights not expressly granted by this agreement are retained by Caribou Creative, a division of Yoost, Inc.

2. Content may not be incorporated into a derivative artwork for which a claim of new copyright may be obtained.

3. Content may not be incorporated in a product for the purpose of redistributing, sublicensing or re-selling the Content, and the Content may not be sold or rented, or downloaded or transferred electronically in a format designed or intended for permanent storage or re-use such as on an electronic network or bulletin board.

4. You may not copy the disc in its entirety, nor may it be stored on a server, nor shared by others.

5. Pornographic, defamatory, or libelous use of the Content is prohibited. If Content depicts or identifies a real person, a fictional character, a trademark, or any other legally protected property, you must consult your legal counsel to insure that your intended use of the Content is not contrary to the rights of publicity and privacy or any other legal right of any person or entity concerned. You may not use Content that depicts or identifies a real person in connection with sensitive subject matter (e.g., sex, abortion, birth control, physical and mental ailments, or drugs), nor that conveys or implies endorsement of a product or service, without prior written permission from Caribou Creative.

6. If source code is included with the Content or accompanying materials, you may not reverse engineer, decompile, or disassemble any part of said source code.

7. You may not remove any notice of Copyright or Trademark where it appears on any of the Content.

TERM

All rights in and title to this disc and the Content on the disc are owned by Caribou Creative, a division of Yoost, Inc. and its licensors and protected by copyright and other laws. No title to or intellectual property rights in the Content are transferred to you. All rights not expressly granted herein are reserved. The disc may not be transferred by you without the prior written consent of Caribou Creative. This License will terminate automatically without notice from Caribou Creative, a division of Yoost, Inc. if you breach any of its provisions. For purposes of this License, the singular includes the plural and vice-versa. This agreement will be governed in all respects by the laws of the State of Utah, and venue for all disputes arising under this agreement shall lie exclusively in the Courts of the State of Utah. Copyright 2004, Caribou Creative, a division of Yoost, Inc. All rights reserved.

LIMITED WARRANTY AND LIMITATIONS OF LIABILITY

Caribou Creative, a division of Yoost, Inc. warrants this disc to be free from defects in material and workmanship for 60 days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of the disc or refund of the purchase price, at Caribou Creative, a division of Yoost, Inc. CARIBOU CREATIVE, MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MECHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not permit the exclusion of implied warranties, and you may have other rights which may vary from jurisdiction to jurisdiction. NEITHER CARIBOU CREATIVE, YOOST, INC., ITS DISTRIBUTORS NOR ITS LICENSORS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES ARISING OUT OF THIS LICENSE OR YOUR OR ANY THIRD PARTY'S USE OF THIS CONTENT. IF CARIBOU CREATIVE. SHALL HAVE ANY LIABILITY OF ANY KIND TO YOU OR ANY THIRD PARTY BY VIRTUE OF THIS LICENSE OR YOUR OR ANY THIRD PARTY'S USE OF THE CONTENT, YOU AGREE THAT THE TOTAL AGGREGATE LIABILITY OF CARIBOU CREATIVE OR YOOST INC. SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE DISC. THIS LIMITATION OF LIABILITY REFLECTS AN ALLOCATION OF RISK BETWEEN YOU AND CARIBOU CREATIVE IN VIEW OF THE NOMINAL LICENSE FEE CHARGED.

Certain jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from jurisdiction to jurisdiction.

INDEMNIFICATION
You agree to indemnify and hold Caribou Creative and Yoost, Inc. harmless against all claims or liability asserted against iStockphoto arising out of or in connection with any breach by you or anyone acting on your behalf of any of the terms of this Agreement.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

SYSTEM REQUIREMENTS

For Macintosh OS
- System 10x or greater
- 256 mb RAM
- 16-bit color display or greater
- CD-ROM drive

For Windows OS
- Windows 98, Windows 2000, or Windows XP
- 256 mb RAM, Pentium processor
- 16-bit color display or greater and graphics card
- CD-ROM drive


© 2004 Caribou Creative, a division of Yoost, Inc.