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iStockphoto License Agreement I iStockphoto.com Page 6 of 7 <br />AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR <br />EXPLOITATION OF THE CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU <br />HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, <br />WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), <br />INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. NO ACTION, REGARDLESS <br />OF FORM OR NATURE, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY OR ON BEHALF <br />OF YOU MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION FIRST AROSE. <br />(d) NOTWITHSTANDING ANY OTHER TERM HEREIN, ISTOCKPHOTO SHALL NOT BE LIABLE FOR <br />ANY DAMAGES, COSTS OR LOSSES ARISING AS A RESULT OF MODIFCATIONS MADE TO THE <br />CONTENT BY YOU OR THE CONTEXT IN WHICH THE CONTENT IS USED BY YOU. <br />(e) NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, THE TOTAL MAXIMUM AGGREGATE <br />LIABILITY OF ISTOCKPHOTO UNDER THIS AGREEMENT AND ANY OTHER AGREEMENT UNDER <br />WHICH YOU HAVE LICENSED THE SAME CONTENT, REGARDLESS OF THE FILE SIZE, OR THE USE <br />OR EXPLOITATION OF ANY OR ALL OF THE CONTENT IN ANY MANNER WHATSOEVER AND THE <br />OBLIGATION OF ISTOCKPHOTO UNDER SECTION 8(a) SHALL BE LIMITED TO AN AGGREGATE OF <br />TEN THOUSAND ($10,000) US DOLLARS. FOR GREATER CLARITY, ISTOCKPHOTO'S LIABILITY TO <br />YOU IN RESPECT OF THE CONTENT SHALL NOT EXCEED TEN THOUSAND ($10,000) US DOLLARS <br />REGARDLESS OF THE NUMBER OF TIMES THAT YOU LICENSE THE SAME CONTENT FROM <br />ISTOCKPHOTO. <br />(f) SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY <br />FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION <br />MAY NOT APPLY TO YOU. <br />9. Your Indemnification <br />You agree to indemnify, defend and hold iStockphoto, its affiliates, its Content providers and their <br />respective directors, officers, employees, shareholders, partners and agents (collectively, the <br />"iStockphoto Parties ") harmless from and against any and all claims, liability, losses, damages, <br />costs and expenses (including reasonable legal fees on a solicitor and client basis) incurred by any <br />iStockphoto Party as a result of or in connection with any breach or alleged breach by you or <br />anyone acting on your behalf of any of the terms of this Agreement. <br />10. - General Provisions <br />(a) You specifically agree and acknowledge that you have, in addition to the terms of this <br />Agreement, reviewed the terms of the Membership Agreement and Terms of Use and any other <br />agreements which may be incorporated by reference therein, and to the extent of their <br />incorporation in this Agreement you agree to be bound by them. <br />(b) iStockphoto's failure to insist upon or enforce strict performance of any provision of this <br />Agreement shall not be construed as a waiver of any provision or right. <br />(c) This Agreement is personal to you and is not assignable by you without iStockphoto's prior <br />written consent. iStockphoto may assign this Agreement without your consent to any other party <br />so long as such party agrees to be bound by its terms. <br />(d) If all or part of any provision of this Agreement is wholly or partially unenforceable, the parties <br />or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place <br />of such whole or part provision an enforceable provision or provisions, that as nearly as possible <br />reflects the terms of the unenforceable whole or part provision. <br />(e) You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes <br />and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of <br />the Content, pursuant to this Agreement. <br />http:// www.istockphoto.com/license.php ?print = friendly 2/15/2011 <br />