END-USER LICENSE AGREEMENT (EULA) 
By downloading any image or material from our website, you hereby agree to the following terms and conditions as outlined herein, and as listed elsewhere on our website:

This agreement is made by and between picolib.com and the Person (otherwise listed herein as You or Your) who creates an account for the right to access, acquire, and use Materials from this website.  PICOLIB hereby represents that it and/or the various artists who provide content and/or Images to PICOLIB ("Submitters") own all rights, including the copyrights in and to all the material on our website, and all rights and copyrights to said website and materials shall remain the exclusive property, right and control of and under PICOLIB and it’s Submitters and  “Materials” from our website will constitute and be defined as any video, photo, image, design, or layout represented on the picolib.com website.  By downloading any Materials from picolib.com you are asserting your declaration that you have read, understood, and agreed to all terms and conditions listed in this Agreement, and otherwise identified on our website. 

Terms of Use and Conditions as Defined Below:

A. User’s Rights to Materials from picolib.com.  You agree to access, acquire, and use our Materials as follows:
 

1. These Terms and Conditions constitute a legal Agreement between You and PICOLIB
2. PICOLIB grants You a personal non-exclusive, non-transferable license to download, use, modify, publish, and display our Materials according to the defined Terms and Conditions of this Agreement.
3. You may access, acquire, and use the materials downloaded from picolib.com.com subject to these Terms and Conditions in the following manner:

·        a) On web sites;

·        b) Incorporated into software as a background image or splash screen, provided that the Image or any digital files containing the Image cannot be unincorporated from the software or viewed as a slideshow or the equivalent;

·        c) In multimedia presentations and incorporated into film and video for broadcast use, and theatrical display;

·        d) In CD or DVD cover art, magazines, newspapers, books, book covers, textbooks, editorials

·        e) In ebooks, including multi seat license electronic textbooks,

·        f) In the artwork for the packaging of any product (excluding CDs, DVDs, etc.) without regard to the quantity of packages manufactured;

·        g) As toolbar skins and mobile phone "wallpaper" for your own personal use;

·        h) On letterhead, business cards, advertising or promotional posters, pamphlets, brochures, catalogs, pop up and/or panel displays for use in conventions and trade shows, provided that the Image is not used as and does not function as a trademark, service mark or logo or as an element thereof;

·        i) Incorporated in merchandise for resale or distribution, including without limitation, clothing, artwork, magnets, posters that combine words and an Image or Images, calendars, mugs and mousepads

·        j) As a single hand painted reproduction (not as a printed reproduction) on a canvas or other material to be used as decoration and not resold.

·        k) In coordination with opt-in email marketing. Images cannot be used in connection with unsolicited email - or linked from unsolicited email.

·        l) In the event that you create a derivative work based on or incorporating one or more Images, all rights in and to such Images shall continue to be owned by PICOLIB or its Submitter(s), subject to your rights to use such Image(s) pursuant to the terms and limitations set forth herein.

·        m)  In the event that you create a derivative work based on or incorporating one or more Images, all rights in and to such Images shall continue to be owned by PICOLIB or its Submitter, subject to your rights to use such Image(s) pursuant to the terms and limitations set forth herein

All other rights in the Images are expressly reserved by PICOLIB for itself and its Submitters.

B. User’s Restrictions on the Use of picolib.com Materials.  You agree not to access, acquire, or use our Materials in any of the following manners:

1. Use an Image other than as specified in PART A.
   
   
2. You may not at any time share, sell, give, or allow anyone to use your username/password, nor access your account for any reason.
3. You may not distribute, share, sell, re-sell or give away any of our Materials at any time for any reason whatsoever. Displaying any Image in any digital format or for any digital use at a resolution greater than 800 x 600 pixels, except in editorial or preliminary design work, will be deemed to be an attempt to redistribute the Image and could result in the termination of your rights under this agreement.
4. You may not distribute our Materials electronically or in hard copy, except as specifically outlined in the “User’s Rights to Materials from picolib.com” section of this Agreement. 
5. You may not use any of the Materials downloaded or obtained from our site in a Website template or any template or design sold individually or as part of an archive or catalog collection, or an automated shopping system, under any circumstances. You MAY however use our photos in client websites that are NOT distributed through an archive or automatic system.
6. You may not allow or authorize any third party to use the Materials for any purpose at any time or resell, sublicense, or otherwise make available the Materials for use or distribution separately or detached from a product or Web page.
7. You may not use any download software, internet accelerators, or other similar software or automated programs to access or download any materials from our website at any time.
   
   
8. You may not under any circumstances use Materials in connection with any illegal, obscene, immoral, or pornographic material or in such a manner that it infringes upon any third party's trademark or intellectual property
   
   
9. You may not “Deep Link” to any images on the PICOLIB websites for use in electronic articles, miscellaneous content, or blogs or other electronic material based on the Internet (World Wide Web)
   
   
10. Use or display any Image on websites or in connection with any service designed to sell or induce sales of "print on demand" products, including, by way of example only, postcards, mugs, t-shirts, posters, artwork and other items, this includes custom designed websites as well as sites such as Cafe Press (i.e. www.cafepress.com).
    
    
11. Use an Image in a way that places any person in the photo in a bad light or depicts them in a way that they may find offensive - this includes, but is not limited to: a) the use of Images in pornography; b) tobacco ads; c) ads for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) political endorsements; e) advertisements for pharmaceutical products, including, but not limited to personal hygiene or birth control products; and f) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content.
    
    
12. Use PICOLIB Images in a manner that competes with PICOLIB business. This includes, by way of illustration, not by way of limitation, displaying images in any format (including thumbnails) for download on a website, offering  PICOLIB Images for sale, or including PICOLIB Images in templates (website, document, project or otherwise) for sale.
    
    
13. Use any Image (in whole or in part) as a trademark, logo or an element thereof
    
    
14. Stockpile, download, or otherwise store Images not used within six (6) months of the expiration of your account.
    
    
15. You may not use any one PICOLIB image for more than 3 Clients and only within a period of 6 months from actual purchase. You may use a similar image in more than 2 mediums for the same client, as long as the image was purchased under an ENHANCED LICENCE 

C. You understand and agree that PICOLIB may, in its sole discretion:

1. Monitor your download activity from any PICOLIB website as often as PICOLIB determines under its sole discretion for any reason and for any violation of this Agreement.
2. Disable any account that engages in what PICOLIB determines to be a large number of photos on any given day, as such activity indicates possible EULA violations or abuse of a username/password and account.
3. Limit downloads to a fixed amount of downloads per 24 hour period, per user, as PICOLIB sees fit on an individual basis, and to ensure the quality of our service is retained to be delivered to all.
4. Investigate any abuse of your username and password in connection with any of the picolib.com websites or in connection with this Agreement.
5. Take the appropriate action to investigate all potential abuse, which can lead to contacting the individual involved with the violations, account suspension, account termination, or other actions deemed necessary depending on the nature and severity of the violations, if we are unable to confirm the validity of the activity.
6. Terminate your account immediately for any violation of this agreement, or the Terms and Conditions as defined in this Agreement and elsewhere on any picolib.com website, without notice.  If your account is terminated for any violation of this Agreement and/or abuse of your username or password, and/or our Materials, you lose all rights to picolib.com Materials, and you must IMMEDIATELY delete any and all Materials obtained prior to this termination, and forfeit all fees paid.
    

D. You understand that Materials are copyrighted and owned by picolib.com and it various media submitters only, and any unauthorized use of any of these Materials by you may be an infringement upon said copyright. 
 
E. PICOLIB and all Materials are made available to you “AS IS”, “AS AVAILABLE”, and “WITH ALL FAULTS”.  PICOLIB its employees, directors, and officers and anyone else associated with PICOLIB makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement.  PICOLIB further makes no representation or warranty that your usage of PICOLIB will be uninterrupted, error free of computer viruses, or other damaging materials.  When you login to your account, and access any picolib.com websites, you do so at your own risk.
 
F. PICOLIB, its employees, directors, and officers, or anyone else associated with PICOLIB shall not be liable for any indirect, special, consequential, economic damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Materials.  PICOLIB, its employees, or related parties, will in no event be liable for any damages to exceed the amount paid by you for accessing or using picolib.com websites and services, and for accessing, acquiring, and/or using Materials from picolib.com websites and services.
 
G. AGE OF MAJORITY.  You warrant and attest that you are of the age of majority, and that your signature shall serve as confirmation and attestation to this statement.  You further agree that you fully understand the contents, meaning and impact of this agreement.  You will not use these Materials in any way that is not permitted in this Agreement or in violation of this Agreement.  Your use of these Materials will not violate any applicable law or regulation of any country, state, or other governmental entity.  You further attest that the information you provide to picolib.com is accurate and true, including without limitation all credit card information
 
H. You agree to fully, indemnify, and hold harmless PICOLIB, its employees, directors, officers, and any other entity associated with PICOLIB and any picolib.com websites, and each  of its successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys’ fees and expenses, arising in connection with Your use of the Materials and this website or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement.
 
I. ENTIRE AGREEMENT. You acknowledge that this agreement expresses the parties entire understanding and agreement, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this agreement.  Any modifications to this agreement shall be made in writing and agreed to by both parties in writing.  The parties further acknowledge that this agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between the Buyer and Seller with respect to the matters expressly set forth in this agreement.
 
J. You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically.