3DFlags Link Back Media License

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND 3DFLAGS, LLC (HEREIN REFERRED TO AS 3DFLAGS.COM). BY DOWNLOADING OR USING MEDIA, INCLUDING ANIMATED GIFS, IMAGES, GRAPHICS, OR SOFTWARE FROM OUR WEBSITE, YOU EXPLICITLY AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS SPECIFIED HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.

GRANT OF LICENSE

3DFlags.com grants to you, or your employer if you are licensing on behalf of your employer, a nonexclusive, nontransferable, and nonsublicensable right to use animated 3D Flags, images, graphics, or media from 3DFlags.com and any derivatives or copies thereof (collectively, "Digital Media") on your personal computer. The Digital Media may not be shared by creating a CD/other media library, Digital Media storage jukebox, or similar arrangement, and you may not create a network of servers, either with or without a central location, which enables others to share the Digital Media. You may not utilize the Digital Media in any manner that is not expressly permitted in this license agreement. One copy of the Digital Media may be made for backup purposes only. Except as specifically provided in this license agreement, no Digital Media may be shared or copied.

YOU MAY NOT ACTIVELY REDISTRIBUTE OR SUBLICENSE ANY OF OUR GRAPHICS OR DIGITAL MEDIA UNDER ANY CIRCUMSTANCES. The Digital Media may not be used in any online or other electronic distribution system, such as an online gallery or collection of graphics and/or animated GIFs, including collections available on CD-ROM, BBS, FTP, WWW, IRC or any other transfer methods, and may not be sold, distributed, or sublicensed individually or as part of any image archive or collection product. No Digital Media may be sublicensed, resold or otherwise made available for use or distribution separately or detached from a web page, or offline media presentation. For example, Digital Media may be used as an integral part of a web page design or other design or element of an online application but may not be made available for downloading separately or in a format for permanent storage or in a context of an image archive or collection that encourages download and re-use by website visitors/users.

• Digital Media may be used royalty-free in materials for PERSONAL, COMMERCIAL or ORGANIZATIONAL WEBSITES, provided that you give credit to, and provide a link to the 3DFlags.com website on the page(s) you are displaying the flag. Digital Media may be also be used for OFFLINE NONCOMMERCIAL usages, including presentations, provided that you give credit to, and include the website address for 3DFlags.com on the page(s) or screen(s) where you are displaying the flag. Digital Media must retain the original file name; you may not rename any Digital Media files without explicit written consent from 3DFlags.com.
• Use of Digital Media, or any part thereof, as a trademark or service mark is not permitted. Pornographic, libelous, defamatory or otherwise unlawful use of Digital Media is prohibited, regardless of whether it is used directly, contextually, or in collocation with other materials.
• Animated flags taken from the 3DFlags.com gallery and modified are still considered the property of 3DFlags.com. Usage of such flags must conform to this license, and pages displaying such flags must give credit to 3DFlags.com. Additionally, all web pages displaying Digital Media must provide a hyperlink to 3DFlags.com. Text giving credit to 3DFlags.com must be easily readable and appear on every page or screen where a flag graphic or animation is used.
• Web pages displaying Digital Media must give credit and a link to www.3dflags.com by using either the 3DFlags.com clickable button, or the following hyperlinked text: "Flag Graphics Courtesy of 3DFlags.com"
• All other pages displaying Digital Media, other than web pages such as print media or presentations, must give credit using the 3DFlags.com button or the following text: "Flag Graphics Courtesy of 3DFlags.com"

NO WARRANTY

Digital Media and information on 3DFlags.com is provided to you on an "as is," and "as available" basis and you agree to use it at your own risk. 3DFlags.com and its licensors (including licensors and suppliers) make no warranties, guarantees, or representations of any kind, express or implied, arising by law or otherwise, including but not limited to, quality, accuracy, content, performance, completeness, effectiveness, reliability, merchantability, fitness for a particular purpose, usefulness, use or results to be obtained from this information, or that the information or server will be uninterrupted, error-free, or free of viruses or other harmful components.

3DFlags.com material on this server/website may include technical inaccuracies or typographical errors. 3DFlags.com has the right to make changes and updates to any information contained within this server without prior notice.

Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.

DISCLAIMER OF LIABILITY

3DFLAGS.COM AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF DIGITAL MEDIA OR INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE DIGITAL MEDIA OR INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF [LICENSEE] OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.

3DFLAGS.COM DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SERVER OR OBTAINED FROM 3DFLAGS.COM VIA ELECTRONIC OR ANALOG MEANS OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER. IN NO EVENT SHALL 3DFLAGS.COM BE LIABLE FOR ANY COMPENSATORY, SPECIAL, DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ON THIS SERVER OR THE INTERNET GENERALLY OR ON ANY OTHER BASIS. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH HEREIN IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN 3DFLAGS.COM'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $100.00.

ENTIRE AGREEMENT:

These terms and conditions constitute the entire agreement between 3DFlags.com (and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.

GOVERNING LAW:

The above terms and conditions shall be governed by the laws of the State of Virginia, USA.

GENERAL:

You may not decompile, reverse engineer, disassemble or otherwise reduce to human-readable form Digital Media or software from 3DFlags.com. All rights to the Digital Media are owned by 3DFlags.com and/or their licensors and are protected by United States copyright laws, international treaty provisions and other applicable laws. 3DFlags.com and their licensors retain all rights not expressly granted by this license agreement. Use of the Digital Media and Software must be in compliance with all applicable law, including, but not limited to, laws and regulations relating to currency and the law of moral rights. 3DFlags.com reserve the right to discontinue the use of any Digital Media for any reason and to elect to replace the Digital Media with alternate Digital Media. When provided to or for, or used on behalf of, the United States government or any other entity seeking or applying rights similar to those customarily claimed by the United States government, data is provided with "Restricted Rights." Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth under the United States copyright laws and this license agreement, and as provided in DFARS 252.227.7013(c), or other applicable clauses.

If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. This Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, there will be added automatically, as a part of this Agreement, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.