iStockphoto - Stock Flash Training Manual

5.0 - Prohibited Use

You may not do anything with the Content that is not expressly permitted. You may not provide a copy of the Content, or any portions thereof, to anyone or allow anyone to gain access to the Content, or any portion thereof, except as permitted above. For greater certainty, you may not:

1. use the Content in design template applications for resale, including, without limitation, website templates, flash templates, and brochure design templates;
2. display the Content on websites designed to induce sales of "print on demand" products, including postcards, mugs, t-shirts, posters and other items (this includes custom designed websites as well as sites such as Cafe Press (i.e. www.cafepress.com));
3. use the Content in any posters (printed on paper, canvas or other mediums) or other items for resale;
4. use the Content or any part thereof as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
5. incorporate the Content in any product that results in a re-distribution of the Content (such as electronic greeting card web sites);
6. use the Content in a fashion that is considered by iStock (acting reasonably) as pornographic, obscene, defamatory or libelous in nature;
7. use any image in the Content that depicts a person to endorse a business, product or service;
8. use any image in the Content that depicts a person in a potentially sensitive subject matter, including, but not limited to mental and physical health issues, social issues, contraband or crime;
9. to the extent that source code is contained within the Content or accompanying materials (if applicable), reverse engineer, decompile, or disassemble any part of such source code;
10. remove any notice of copyright, trade-mark or other proprietary right from any place where it appears on or in the Content or its accompanying materials;
11. sub-license, re-sell, rent, lend, or otherwise distribute the Content;
12. post a copy of the Content on a network server or web server for use by other users; or
13. transfer the rights to the Content or accompanying materials (if applicable), except as specifically provided for elsewhere in this Agreement.

Additional Royalty:

(1) Notwithstanding anything to the contrary herein, you agree that in the event that you or a Related Party (as defined in the Income Tax Act (Canada)) either individually or in combination reproduce the Content, or an element of the Content, in excess of 500,000 times, you shall be required to pay an additional royalty fee equal to US $0.01 for each reproduction which is in excess of 500,000 reproductions. This additional royalty does not apply to advertisements in magazines, newspapers or websites.

(2) You further agree to notify iStockphoto in the event that you (or a combination of you and Related Parties) reproduce the Content, or an element of the Content in excess of 500,000 times. Such disclosure notice must be sent to iStockphoto each and every month in which the Content, or an element of the Content, which you have reproduced in aggregate over the term of this Agreement in excess of 500,000 times is reproduced. Each such notice must contain the number of reproductions made in any particular month, provided however where you are sending the first such notice to iStockphoto you will only be required to disclose those reproductions made in combination by you and Related Parties which are in excess of 500,000.

(3) iStockphoto shall invoice you for the fees associated with such excess use and you agree to pay such invoice within 30 days of receipt.

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