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iStockphoto License Agreement I iStockphoto.com <br />apply to advertisements in websites or to broadcast by television, web -cast or theatrical <br />production. <br />5. Excess Reproduction Run <br />In the event you contravene subparagraph 4(a)(xiv) above without purchasing an Extended <br />License, you further agree to notify iStockphoto in the event that you (or a combination of you and <br />others involved with you) reproduce the Content, or an element of the Content in excess of <br />500,000 times. Such disclosure notice must be sent to iStockphoto each and every month after <br />which the Content, or an element of the Content, has been reproduced in aggregate over the term <br />of this Agreement in excess of 500,000 times. Each such notice must contain the number of <br />reproductions made in any particular month, provided however the first such notice will only be <br />require disclosure of those reproductions which are in excess of 500,000. iStockphoto shall invoice <br />you for the fees associated with such excess use and you agree to pay such invoice within 30 days <br />of receipt. <br />b. Term of Agreement <br />(a) This Agreement is effective until it is terminated. You can terminate this Agreement by <br />destroying the Content and any Permitted Derivative Works, along with any copies or archives of it <br />or accompanying materials (if applicable), and ceasing to use the Content for any purpose. The <br />Agreement also terminates without notice from iStockphoto if at any time you fail to comply with <br />any of its terms. Upon termination, you must immediately (i) cease using the Content and for any <br />purpose; (ii) destroy or delete all copies and archives of the Content or accompanying materials; <br />and (iii) if requested, confirm to iStockphoto in writing that you have complied with these <br />requirements. <br />(b) iStockphoto reserves the right to elect at a later date to revoke or amend the license granted <br />by this Agreement and replace the Content with an alternative for any reason. Upon notice, sent to <br />the address or contact information provided by you for your member account, or such other <br />address as you may advise us in writing to use, from time to time, of such replacement, the <br />license for the replaced Content immediately terminates for any products that do not already exist, <br />and this license automatically applies to the replacement Content. You agree not to use the <br />replaced Content, or any Permitted Derivative Works, for future products and to take all <br />reasonable steps to discontinue use of the replaced Content, or any Permitted Derivative Works, in <br />products that already exist. <br />(c) Upon notice from iStockphoto, or upon your knowledge that any Content is subject to a <br />threatened, potential or actual claim of infringement of another's right for which iStockphoto may <br />be liable, you must immediately and at your own expense (i) stop using the Content; (ii) delete or <br />remove the Content from your premises, computer systems and storage (electronic or physical); <br />and (iii) ensure that your clients, printers or ISPs do likewise. iStockphoto shall provide you with <br />replacement Content (which shall be determined by iStockphoto in its reasonable commercial <br />judgment) free of charge, but subject to the other terms and conditions of this Agreement. <br />7. iStockphoto Representations and Warranties <br />(a) iStockphoto warrants that, except in respect of Content identified as "Editorial Use Only ",: (i) <br />your use of the Content in accordance with this Agreement and in the form delivered by <br />iStockphoto will not infringe on any copyright, moral right, trademark or other intellectual property <br />right and will not violate any right of privacy or right of publicity; and (ii) all necessary model <br />and /or property releases for use of the Content in the manner authorized under this Agreement <br />have been obtained. You acknowledge that no releases are generally obtained for Content that is <br />identified as "Editorial Use Only" and that some jurisdictions provide legal protection against a <br />person's image, likeness or property being used for commercial purposes when they have not <br />provided a release. For Content identified as "Editorial Use Only ", iStockphoto does not grant any <br />Page 4 of 7 <br />http:// www.istockphoto.com/license.php ?print = friendly 2/15/2011 <br />