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'iStockphoto License Agreement I iStockphoto.com <br />right nor make any warranty with regard to the use of names, people, trademarks, trade dress, <br />logos, registered, designs or works of art or architecture depicted therein. In such cases, you shall <br />be solely responsible for determining whether release(s) is /are required in connection with any <br />proposed use of the Content identified as `Editorial Use Only ", and shall be responsible for <br />obtaining such release(s). <br />(b) While we have made reasonable efforts to correctly categorize, keyword, caption and title the <br />Content, iStockphoto does not warrant the accuracy of such information. Additionally, iStockphoto <br />does not warrant the accuracy of any metadata that may be provided with the Content. <br />(c) OTHER THAN AS EXPRESSLY PROVIDED IN SECTION 7(a), THE CONTENT IS PROVIDED "AS IS" <br />WITHOUT REPESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR <br />IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR <br />CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ISTOCKPHOTO <br />DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR <br />THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY <br />AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, <br />YOU (AND NOT ISTOCKPHOTO) ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY <br />CORRECTIONS. <br />IN PARTICULAR AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE <br />DOWNLOADING CONTENT THAT IS IN A FLASH FORMAT OR FILE (WHETHER .SWF OR <br />OTHERWISE), EXCEPT AS EXPRESSLY PROVIDED IN SECTION 7(a),ISTOCKPHOTO MAKES NO <br />REPRESENTATION OR WARRANTY RESPECTING SUCH CONTENT WHATSOEVER, WHETHER AS TO <br />OWNERSHIP, TECHNICAL OR LEGAL COMPLIANCE, OR OTHERWISE. <br />(d) Certain jurisdictions do not allow the exclusion of implied warranties, so the above exclusion <br />may not apply to you. You have specific rights under this warranty, but you may have others, <br />which vary from jurisdiction to jurisdiction. <br />. iStockphoto Indemnification and Limitation of Liability <br />(a) Provided that the Content is only used in accordance with this Agreement and you are not <br />otherwise in breach of this Agreement and as your sole and exclusive remedy for breach of the <br />representations and warranties set forth in Section 7 (a) above, iStockphoto shall, subject to the <br />terms of Sections 8(b),(c),(d) and (e) defend, indemnify and hold harmless you, your parent, <br />subsidiaries and affiliates and respective directors, officers and employees from all damages, <br />liabilities and expenses (including reasonable outside legal fees), arising out of or connected with <br />any actual or threatened lawsuit, claim or legal proceeding alleging that the possession, <br />distribution or use of the Content by you is in breach of the representations and warranties set <br />forth in Section 7(a) above. The foregoing states iStockphoto's entire indemnification obligation <br />under this Agreement. <br />(b) The indemnification set out in Section 8(a) above is conditioned on your prompt notification in <br />writing to iStockphoto of such claim and our right to assume the handling, settlement or defence <br />of any claim or litigation. You agree to cooperate with iStockphoto in the defence of any such claim <br />or litigation and shall have the right to participate in such litigation at your sole expense. <br />iStockphoto shall not be liable for legal fees and other costs incurred prior to the notice of the <br />claim. <br />(c) IN NO EVENT SHALL ISTOCKPHOTO OR ANY OF ITS AFFILIATES OR CONTENT PROVIDERS OR <br />THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS <br />BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL <br />DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF <br />BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, <br />LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS <br />http://www.istockphoto.com/license.php?print=ftiendly <br />Page 5 of 7 <br />2/15/2011 <br />