TERMS OF USE OF ENSKY FREE STOCK PHOTOS

1. ESSENTIAL INFORMATION PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THIS PRODUCT.

2. LICENSE
(a) Application:
This agreement applies to any file on EnSky.com whether a photograph, illustration, video or audio file or code snipett ("Data File") which is marked as a Royalty Free Data File. Any other Data File shall be subject to the Standard Licence Agreement.
(b) Geographic limits:
This License Agreement governs your use of EnSky Corporation Royalty Free Data Files ("the Data File(s)"), provided by EnSky Corporation ("EnSky.com"). EnSky.com licenses to you the use of the Data File(s) only as provided below on a non-exclusive and non-transferable basis. All other rights to the Data File(s) and accompanying materials (if applicable), including without limitation, copyright and all other rights, are retained by EnSky.com and/or its members.
(c) Number of Users:
THIS IS A ONE (1) PERSON LICENSE AGREEMENT ONLY. You are permitted to use the Data File. Any additional persons who wish to use the Data File must download it from EnSky.com.
(d) Permitted Uses. You may:
(i) Back up, copy, or archive one copy of the Data File(s) as necessary for internal use, and only as necessary for that use. Any copy or archive you make must include the Data File's copyright information.
(ii) Use the Data File(s) in any website with the following HTML credit

<a href="http://www.EnSky.com" title="Website Designers and Website Maintenance" style="font-family: verdana; font-size: xx-small">Photo Credit: EnSky&reg;</a>"

(e) Prohibited Uses: You may not:
(i) Use the Data File(s) for any items for resale, including book covers and consumer merchandise, provided these products are not intended to allow the re-distribution or re-use of the Data File(s).
(ii) Modify or alter the Data File(s) as necessary for your use, as allowed for elsewhere in these terms and conditions, provided that the rights to any derivative work shall belong to EnSky.com. You may use such derivative work only as permitted in accordance with these terms and conditions. All copyrights with respect to such derivative work are assigned to EnSky.com or its members, which assignment the parties hereby agree is valid under the United States of America (and other International) Copyright Law. If requested by EnSky.com, you agree to execute a written assignment of any such copyrights with respect to such derivative work.
(iii) In the normal course of workflow, convey to a third party (such as a printer) temporary copies of the Data File(s) that are integral to your work product and without which the product could not be completed.
(iv) Transfer the rights to the Data File(s) or accompanying materials (if applicable), except as specifically provided for elsewhere in this Agreement. All other rights are reserved by EnSky.com and/or its members.
(v) Reverse engineer, decompile, or disassemble any part of the Data File(s) or accompanying materials (if applicable), subject to applicable law.
(vi) Copy or reproduce the Data File(s) or accompanying materials (if applicable), except as specifically provided for in paragraph 2(c).
(vii) Remove any copyright or trademark from any place where it appears on the Data File(s) or its accompanying materials.
(viii) USE THE DATA FILE(S) IN ANY WAY THAT COULD BE CONSIDERED DEFAMATORY, LIBELOUS, PORNOGRAPHIC, OBSCENE, IMMORAL, OR FRAUDULENT.
(ix) Use the Data File(s) or any part of it as part of a trademark, service mark, or logo. EnSky.com or its members retains the full rights to the Data File(s), and therefore you cannot establish your own rights over any part of it.
(x) Re-sell, distribute or sub-license the Data File(s), accompanying material, (if applicable), or the rights to use the Data File(s) to anyone for any purpose, except as specifically provided for elsewhere in this Agreement. EnSky.com is in not the business of licensing Data Files to its Members. Data Files from using the Data File(s) to enter, either directly or indirectly, a similar or competing business. It is also prohibited to use the Data File(s) in a product whereby the purchaser or licensee of that product can then use the Data File(s) for its own purposes.

3. TERMS
This License is effective until it is terminated. You can terminate this license by destroying the Data File(s), along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Data File(s) for any purpose. The license also terminates if at any time you fail to comply with the terms of this Agreement. If this happens, you hereby agree to destroy all copies and archives of the Data File(s), to cease using the Data File(s) for any purpose, and to confirm to EnSky.com in writing that you have complied with these requirements.

4. LIMITATION OF REMEDIES
(a) Replacement or Refund:
EnSky.com's entire liability and your exclusive remedy, with respect to any claims arising out of your use of the Data File(s) or accompanying material (if applicable), or out of your actions in downloading the Data File(s), shall be as follows: Downloaded Data Files: You may be permitted to download the Data File(s) again, at a location EnSky.com will provide for you. If you continue to be unable to download the Data File(s), you should discontinue trying.
(b) No Money Damages:
UNDER NO CIRCUMSTANCES WHATSOEVER WILL ENSKY CORPORATION BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE DATA FILE(S) EVEN IF ENSKY OR A DISTRIBUTOR AUTHORIZED BY ENSKY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME STATES DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

5. INDEMNIFICATION
You agree to indemnify and hold EnSky.com harmless against all claims or liability asserted against EnSky.com arising out of or in connection with any breach of any of the terms of this Agreement.

6. GENERAL
(a) Governing Law:
The laws of the State of New Hampshire shall govern this Agreement. EnSky and Client hereby submit to the jurisdiction and venue of appropriate state or federal courts located in the State of New Hampshire in any legal proceeding necessary to interpret or enforce this Agreement or any part of this Agreement.
(b) Enforceability:
If any provision of this Agreement is held to be not enforceable, such provision shall be reformed only to the extent to make it enforceable. (c) Taxes and other: You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of license granted to you, or of your use of the Data File(s), pursuant to this Agreement.
(d) Discontinuance:
EnSky.com reserves the right to elect at a later date to replace the Data File(s) with an alternative for any reason. Upon notice of such replacement, the license for the replaced Data File(s) terminates for any products that do not already exist, and this license automatically applies to the replacement Data File(s). You agree not to use the replaced Data File(s) for future products and to take all reasonable steps to discontinue use of the replaced Data File(s) in products that already exist.

7. LEGAL FEES AND JURISDICTION
If EnSky.com is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse EnSky.com for its legal fees, costs and disbursements if EnSky.com is successful. You agree that the Courts of the State of New Hampshire are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery.

8. ENTIRE CONTRACT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND ENSKY CORPORATION, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND ENSKY CORPORATION RELATING TO THE SUBJECT OF THIS AGREEMENT.