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Software License Agreement

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE PRESSING THE "INSTALL" BUTTON. BY PRESSING "INSTALL," YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PRESS "CANCEL" AND (IF APPLICABLE) RETURN THE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND.

1.License. The Blue Tree Publishing, Inc. software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (the "Blue Tree Publishing, Inc. Software") are licensed to you by Blue Tree Publishing, Inc. or its local subsidiary, if any ("Blue Tree Publishing, Inc."). You own the media on which the Blue Tree Publishing, Inc. Software is recorded but Blue Tree Publishing, Inc. and/or Blue Tree Publishing, Inc.'s licensor(s) retain title to the Blue Tree Publishing, Inc. Software. The Blue Tree Publishing, Inc. Software in this package and any copies to which this License authorizes you to make are subject to this License.

2.Permitted Uses and Restrictions. This License allows you to install and use the Blue Tree Publishing, Inc. Software on a single computer at a time. This License does not allow the Blue Tree Publishing, Inc. Software to exist on more than one computer at a time. You may make one copy of the Blue Tree Publishing, Inc. Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the Blue Tree Publishing, Inc. Software in whole or part or transmit the Blue Tree Publishing, Inc. Software over a network. You may, however, transfer your rights under this License provided you transfer the related documentation, this License and a copy of the Blue Tree Publishing, Inc. Software to a party who agrees to accept the terms of this License and destroy any other copies of the Blue Tree Publishing, Inc. Software in your possession. THE BLUE TREE PUBLISHING, INC. SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, OR AIR TRAFFIC CONTROL MACHINES IN WHICH CASE THE FAILURE OF THE BLUE TREE PUBLISHING, INC. SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Your rights under this License will terminate automatically without notice from Blue Tree Publishing, Inc. if you fail to comply with any term(s) of this License.

3.Limited Warranty on Media (if applicable). Blue Tree Publishing, Inc. warrants the media on which the Blue Tree Publishing, Inc. Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this paragraph shall be, at Blue Tree Publishing, Inc.'s option, a refund of the purchase price of the product containing the Blue Tree Publishing, Inc. Software or replacement of the Blue Tree Publishing, Inc. Software which is returned to Blue Tree Publishing, Inc. or an Blue Tree Publishing, Inc. authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. BLUE TREE PUBLISHING, INC. SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.

4.Disclaimer of Warranty on Blue Tree Publishing, Inc. Software. You expressly acknowledge and agree that use of the Blue Tree Publishing, Inc. Software is at your sole risk. The Blue Tree Publishing, Inc. Software is provided "AS IS" and without warranty of any kind and Blue Tree Publishing, Inc. and Blue Tree Publishing, Inc.'s licensor(s) (for the purposes of provisions 4 and 5, Blue Tree Publishing, Inc. and Blue Tree Publishing, Inc.'s licensor(s) shall be collectively referred to as "Blue Tree Publishing, Inc.") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFR1NGEMENT OF THIRD PARTY RIGHTS. BLUE TREE PUBLISHING, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE BLUE TREE PUBLISHING, INC. SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE BLUE TREE PUBLISHING, INC. SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE BLUE TREE PUBLISHING, INC. SOFTWARE WILL BE CORRECTED. FURTHERMORE, BLUE TREE PUBLISHING, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE BLUE TREE PUBLISHING, INC. SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BLUE TREE PUBLISHING, INC. OR AN BLUE TREE PUBLISHING, INC. AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE BLUE TREE PUBLISHING, INC. SOFTWARE PROVE DEFECTIVE, YOU (AND NOT BLUE TREE PUBLISHING, INC. OR AN BLUE TREE PUBLISHING, INC. AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING BLUE TREE PUBLISHING, INC. PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY BLUE TREE PUBLISHING, INC.'S NEGLIGENCE. Blue Tree Publishing, Inc. software includes links to the Internet, which may produce search results that reference sites and information located worldwide throughout the Internet. Because Blue Tree Publishing, Inc. has no control over such sites and information, Blue Tree Publishing, Inc. makes no guarantees as to such sites and information, including: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether an Blue Tree Publishing, Inc. search completed through Blue Tree Publishing, Inc. software may locate unintended or objectionable content. Because some of the content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people or viewers under the age of 18, the results of any search or entering of a particular URL using the Blue Tree Publishing, Inc. software may automatically and unintentionally generate links or references to objectionable material. By using Blue Tree Publishing, Inc. software, you acknowledge that Blue Tree Publishing, Inc. makes no representations or warranties with regard to the appropriateness of the content viewed through Blue Tree Publishing, Inc. software, whether on a pre-installed channel button or as a result of your search. Blue Tree Publishing, Inc. does not guarantee the sequence, accuracy, completeness or timeliness of the content played though Blue Tree Publishing, Inc. software. Blue Tree Publishing, Inc., its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or any other person for the content you receive using Blue Tree Publishing, Inc. software or for any inaccuracies, errors in or omissions from the content.

5. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE,SHALL BLUE TREE PUBLISHING, INC. BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Blue Tree Publishing, Inc.'s total liability to you for all damages exceed the amount of fifty dollars ($50.00).

6. Export Law Assurances. You may not use or otherwise export or re-export the Blue Tree Publishing, Inc. Software except as authorized by United States law and the laws of the jurisdiction in which the Blue Tree Publishing, Inc. Software was obtained. In particular, but without limitation, the Blue Tree Publishing, Inc. Software may not be exported or re-exported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Blue Tree Publishing, Inc. Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

7. Government End Users. If the Blue Tree Publishing, Inc. Software is supplied to the United States Government, the Blue Tree Publishing, Inc. Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government's rights to the Blue Tree Publishing, Inc. Software are as provided in clause 52.227-19 of the FAR.

8. Controlling Law and Severability. If there is a local subsidiary of Blue Tree Publishing, Inc. in the country in which the Blue Tree Publishing, Inc. Software License was obtained, then the local law in which the subsidiary sits shall govern this License. Otherwise, the laws of the United States and the State of Washington shall govern this License. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

9. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Blue Tree Publishing, Inc. Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Blue Tree Publishing, Inc.

BLUE TREE PUBLISHING, INC. IMAGE DOWNLOAD LICENSE AGREEMENT

THIS IS A LEGAL AGREEMENT BETWEEN YOU, YOUR COMPANY, YOUR EMPLOYER AND/OR YOUR CLIENT (in the case you are an agent acting for a single client), AS THE CASE MAY BE (COLLECTIVELY "YOU"), AND BLUE TREE PUBLISHING, INC. WHEN USED HEREIN SHALL MEAN BLUE TREE PUBLISHING, INC., AS THE CASE MAY BE. THIS DOWNLOAD LICENSE AGREEMENT ("AGREEMENT") APPLIES, WITHOUT LIMITATION, TO THE BLUE TREE PUBLISHING, INC. WEB SITES CURRENTLY LOCATED AT: BLUETREEPUBLISHING.COM, ANY INTERNATIONAL OR OTHER VERSIONS OF THE FOREGOING, FUTURE BLUE TREE PUBLISHING, INC. WEBSITES AND/OR ANY IMAGE(S) DELIVERED VIA ANY STORAGE MEDIA.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION TO YOUR ACCESS TO AND USE OF ANY IMAGE(S). DOWNLOADING AND/OR USING ANY IMAGE(S) FROM BLUE TREE PUBLISHING, INC. CONFIRMS YOUR ACCEPTANCE OF THESE TERMS AND FORMS A LEGAL CONTRACT BETWEEN YOU AND BLUE TREE PUBLISHING, INC. BLUE TREE PUBLISHING, INC. RESERVES THE RIGHT TO CHANGE ANY OF THE TERMS OF THIS AGREEMENT AT ANY TIME, AND YOU AGREE TO BE BOUND BY SUCH CHANGES. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS, AS MAY BE AMENDED, DO NOT DOWNLOAD OR USE ANY IMAGE(S).

LICENSE

Definitions:

"Comp Usage" is defined as the creation of a temporary test use, rough layout or comprehensive rendering of a proposed work for client review, internal company review or testing. The Image may not be used in any materials distributed or accessible to the public or in any final product or use, including, without limitation, any online or other electronic distribution system (except you may transmit comps digitally or electronically for their review) and may not be sold or sublicensed alone or as part of any product.

"Image(s)" shall mean animations, clipart, composites, digital footage, digital video, film footage, fonts, graphics, illustrations, images, motion sequences, photographs or any other visual representation regardless of whether the Image(s) are obtained via download from any BLUE TREE PUBLISHING, INC. Web site, delivered via any storage media (CD, DVD, disk, etc.) that is now known or may become known in the future, or obtained from a BLUE TREE PUBLISHING, INC.' authorized distributor, together with all accompanying metadata and other material.

"Storage Media" shall mean CD-ROM, digital video disc (DVD), floppy disk, or any other storage device or media now known, or hereafter created.

"User" shall mean the individual, legal entity or agent entering into this Agreement or any employee or contractor of such individual, legal entity or agent that edits, manipulates or modifies the Image(s) or are otherwise directly involved in the creative process including, but not limited to, photo editors, photo researchers, photographers, art directors or designers. All Users shall only use the Image(s) in accordance with the terms of this Agreement.

"You" shall mean a single: (i) individual, (ii) legal entity (corporation, partnership, LLC, sole proprietorship, etc.), or (iii) agent acting on behalf of a single individual or entity.

Copyright:

The Image(s) are copyrighted and protected under the various laws of the United States, International treaties and other applicable laws. The Image(s) shall remain the sole and exclusive property of BLUE TREE PUBLISHING, INC., or its licensors. Use of the Image(s) is licensed, not sold, pursuant to the terms of this Agreement. Use of the Image(s) without agreeing to this Agreement, or a breach of these Agreement terms, is copyright infringement.

Grant:

Paid License.

BLUE TREE PUBLISHING, INC. grants you a perpetual non-exclusive and non-transferable license to use the Image(s) only as provided in this Agreement.

Comp Use

BLUE TREE PUBLISHING, INC. grants you the non-exclusive and non-transferable right to use Image(s) for Comp Usage for a period not to exceed sixty (60) days.

Number of Users:

FOR IMAGES ACQUIRED BY DOWNLOAD AND STORAGE MEDIA.

YOU ARE GRANTED A ONE (1) USER SEAT LICENSE FOR USE OF THE IMAGES, AS APPLICABLE. THIS IS NOT A SIMULTANEOUS USE LICENSE. ONLY ONE USER MAY USE IMAGES FOR ANY COMP USE, AS APPLICABLE.

Permitted Uses. You may, subject to Prohibited Uses below:

Back up, and store, single Image(s) as necessary on a single server for archival, tracking or asset management purposes only. Any copy or archive you make must include copyright notice as stated below in Additional Terms.

Use the Image(s) in any print or electronic media (except in computer software and electronic video and computer games which require a separate license) including advertising and editorial use, provided such use is not intended to allow the re-distribution, re-use of the Image(s) or access to the image(s) apart from a product or service.

Use the Image(s) on product packaging or in any items for personal use or resale, including book covers, calendars, consumer merchandise (T-shirts, posters, art, etc.), except in computer software and electronic video and computer games, which require a separate license (see Section F(IX) below), provided such use is not intended to allow the re-distribution, re-use of the Image(s) or access to the Image(s) apart from a product or service apart from a product or service.

Modify or alter the Image(s) as necessary for your use provided that if such modification or alteration constitutes a derivative work you do not acquire any copyright ownership or equivalent rights in or to any of the Image(s) or any other property of BLUE TREE PUBLISHING, INC. or its licensors and you shall only use such derivative work in accordance with this Agreement. If requested by BLUE TREE PUBLISHING, INC., you agree to execute a written assignment of any such rights, including copyrights, at no cost to BLUE TREE PUBLISHING, INC..

Use the Image(s) as decor in an office, lobby, public area, restaurant, or retail store.

Use the Image(s) as design elements in video, film, or television broadcasts.

Use the Image(s) in connection with your business or entity, e.g. corporate identity documents and letterhead, except as prohibited below.

Use the Image(s) for any other uses approved in writing by BLUE TREE PUBLISHING, INC.

Prohibited Uses. You may NOT:

Sublicense, distribute, transfer or assign rights to the Image(s).

Reverse engineer, decompile, translate, or disassemble any part of the Image(s).

Copy or reproduce the Image(s), except as specifically provided for in permitted uses.

Remove any copyright, trademark or watermark from any place where it appears on the Image(s).

Display the Image(s) in any digital format or for any digital use at a resolution greater than 72 dpi, except in editorial or preliminary design work. Doing so will be viewed as an attempt to distribute the Image(s) in violation of this Agreement.

Use the Image(s), or any part of the Image(s), as part of a trademark, service mark, or logo. BLUE TREE PUBLISHING, INC. or its licensors retain the full rights to the Image(s), and therefore you cannot establish your own rights.

Use the Image(s) to compete with BLUE TREE PUBLISHING, INC.. BLUE TREE PUBLISHING, INC. is in the business of licensing images to its customers. It is the specific intent of this provision to prohibit you from using the Image(s) to enter, either directly or indirectly, a similar or competing business.

Use the Image(s) in a product or service whereby the Image(s) can be used apart from a product or service.

Use the Images(s) as part of a product in any electronic format intended for multiple distribution or licensing including, without limitation, templates, Web site templates, software products, including computer and/or video games and game consoles, e-greetings, etc.

Use the Image(s), or resell the Image(s) for use, in mobile or wireless devices, including but not limited to mobile telephones, handheld game consoles, and PDAs. Such usage is subject to additional licensing fees. Contact btp@bluetreepublishing.com or information on reseller licenses.

Use the Image(s) in any way that could be considered defamatory, pornographic, libelous, immoral, obscene or fraudulent, or illegal, either by making physical changes to it, in the juxtaposition to accompanying text or images, or otherwise.

Without advance written consent from BLUE TREE PUBLISHING, INC. and any model in such Image(s), use Image(s) that include people as part of any sensitive subject matters, as determined by BLUE TREE PUBLISHING, INC. Sensitive subject use pertains to both commercial and editorial uses. Availability of model releases does not grant the right to use Image(s) in any sensitive subject matters.

Use the Image(s) beyond any limitations or restrictions noted on a BLUE TREE PUBLISHING, INC. Website.

Additional Terms:

BLUE TREE PUBLISHING, INC. reserves the right to (i) not permit use of any Image(s) for any reason whatsoever; and (ii) notify you that certain Image(s) are no longer available for use. Upon such notification, the license to use such Image(s) shall automatically and immediately terminate.

All other rights not expressly granted to you are reserved solely for BLUE TREE PUBLISHING, INC..

BLUE TREE PUBLISHING, INC. requests the copyright notice "© [insert current year] BLUE TREE PUBLISHING, INC." appear adjacent to the Image(s) or on a credit page.

BLUE TREE PUBLISHING, INC. reserves the right to replace Image(s) with an alternative Image for any reason. Upon notice of such replacement, the license for the replaced Image(s) immediately, and automatically, terminates for any use of the Image(s) that does not already exist, and this Agreement shall automatically apply to any replacement Image(s). You agree not to use any replaced Image(s) with future products or services and you shall take all reasonable steps to discontinue use of the replaced Image(s) in existing products or services.

This Agreement is effective until it is terminated.

This Agreement will terminate automatically, without notice from BLUE TREE PUBLISHING, INC., if you fail to comply with any provision of this Agreement.

You can terminate the licenses granted under this Agreement with respect to any Image(s) by destroying the Image(s), along with any copies or archives, any CD-ROM or accompanying materials (if applicable), and ceasing all use of the Image(s) for any purpose. Such termination may not effect payment obligations.

BLUE TREE PUBLISHING, INC. may, in its sole discretion: (i) monitor, as frequently as BLUE TREE PUBLISHING, INC. determines, anything you download from our Web sites, (ii) limit downloads to a fixed amount of downloads per 24 hour period so as to insure the best possible service to all subscribers to our Web sites, (iii) track any abuse of your username and password, (iv) suspend or terminate your account, without notice, if BLUE TREE PUBLISHING, INC. believes there is a violation of this Agreement, the Web Site User Agreement and/or any abuse of your username and password.

Upon termination of the license to use any Image(s) granted under this Agreement, you agree to (i) destroy all copies and archives of the Image(s), (ii) cease using the Image(s) for any purpose, and (iii) confirm to BLUE TREE PUBLISHING, INC. in writing that you have complied with these requirements.

WARRANTY AND LIMITATION OF LIABILITY

BLUE TREE PUBLISHING, INC. represent and warrants that the Image(s) or other Storage Media (if applicable) will be free from defects in materials and workmanship under normal use for a period of 30 days from the date of license.

DISCLAIMER OF WARRANTY. EXCEPT AS PROVIDED IN SECTION 4(A) ABOVE, THE IMAGE(S), STORAGE MEDIA AND ACCOMPANYING MATERIALS (IF APPLICABLE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. BLUE TREE PUBLISHING, INC. MAKES NO WARRANTIES FOR ANY IMAGES THAT HAVE BEEN MODIFIED OR ALTERED BY YOU AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY CLAIMS RELATING TO OR ARISING OUT OF YOUR MODIFICATION AND USE OF THE IMAGES. BLUE TREE PUBLISHING, INC. GRANTS NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARKS, LOGO TYPES, COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY IMAGE, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS, OR PERMISSIONS AS MAY BE REQUIRED ARE OBTAINED. BLUE TREE PUBLISHING, INC. DOES NOT WARRANT THAT THE IMAGE(S), WEB SITES OR OTHER MATERIALS, WILL MEET YOUR REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF THE IMAGE(S) IS SOLELY WITH YOU. YOU UNDERSTAND THAT YOU SHOULD SEEK COMPETENT COUNSEL BEFORE USING IMAGES ON OR IN CONNECTION WITH ANY GOODS OR SERVICES OR FOR ANY OTHER COMMERCIAL PURPOSES. BLUE TREE PUBLISHING, INC. SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE IMAGE(S), BLUE TREE PUBLISHING, INC.' BREACH OF THIS AGREEMENT OR OTHERWISE, EVEN IF BLUE TREE PUBLISHING, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. IN NO EVENT, SHALL BLUE TREE PUBLISHING, INC.' TOTAL AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE IMAGE(S) (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED TEN (10) TIMES THE MONETARY AMOUNT ACTUALLY RECEIVED BY BLUE TREE PUBLISHING, INC. FOR YOUR USE OF THE APPLICABLE IMAGE(S).

You represent, warrant and covenant that:

You are at least eighteen years of age and have the full right and authority to enter into this Agreement on behalf of you and/or your company, employer or principal;

You do not reside in any country to which export of US products are prohibited or restricted and you may not ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any laws, restrictions or regulations;

You will not use the Image(s) in any way that is not permitted by this Agreement;

Your use of the Image(s) will not violate any applicable law or regulation of any country, state, or other governmental entity;

The information that you provide to BLUE TREE PUBLISHING, INC. is accurate and true, including, without limitation, all credit card or other payment information and you shall update such information as necessary;

You are solely responsible for determining whether your use of any Image(s) requires the consent of any other party or the license of any additional rights. If you are unsure whether additional rights are needed for your use of the Images, you are responsible for consulting with competent legal counsel; and

If you are acting as an agent, you must inform your client/principal of the terms of this Agreement.

LIMITATION OF REMEDIES

Replacement or Refund:

BLUE TREE PUBLISHING, INC.' entire liability and your exclusive remedy, with respect to any claims arising out of this Agreement, except as set out below, shall be at BLUE TREE PUBLISHING, INC.' sole discretion, either: (i) replacement of Image(s); or (ii) refund of any fee paid for the specific Image(s). Any claims must be brought within twelve (12) months of the date that you discovered such claim, or reasonably should have discovered such claim, or reasonably should have discovered such claim, shall be waived. See Section 11 for other refund terms that may apply.

INDEMNIFICATION

You agree to indemnify and hold BLUE TREE PUBLISHING, INC., its affiliates, parents, subsidiaries, employees, directors, officers, successors, assigns, distributors and anyone else associated with BLUE TREE PUBLISHING, INC., harmless from, and against, any and all claims, liabilities, costs, damages, or expenses, (including attorneys' fees) asserted against BLUE TREE PUBLISHING, INC. arising out of your use of the Images or in connection with any breach of any of the terms of this Agreement. You may elect to assume the handling, settlement or defense of any claim or litigation and BLUE TREE PUBLISHING, INC. shall reasonably cooperate in the defense of any claim. BLUE TREE PUBLISHING, INC. shall have the right to participate in the litigation, at its own expense, through counsel of its choosing. You will not be liable for legal fees or other costs incurred prior to BLUE TREE PUBLISHING, INC. giving notice of the claim for which indemnity is sought.

GENERAL

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, consistent with the parties' intent.

Taxes and other:

You agree to pay and be solely responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or your use of the Image(s), pursuant to this Agreement.

Waiver:

No action of BLUE TREE PUBLISHING, INC., other than an express written, signed waiver may be construed as a waiver of any part of this Agreement, and no employee of BLUE TREE PUBLISHING, INC. is authorized to make an oral waiver. In the event that BLUE TREE PUBLISHING, INC. waives a specific part of the Agreement, it does not mean that BLUE TREE PUBLISHING, INC. waives any other part.

JURISDICTION

This Agreement will be governed in all respects by the laws of the State of New York, U.S.A., without reference to its laws relating to conflicts of law. Any disputes arising from this Agreement or its enforceability shall be settled by binding arbitration to be held in the following jurisdiction: Seattle, Washington. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. Notwithstanding the foregoing, BLUE TREE PUBLISHING, INC. shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of BLUE TREE PUBLISHING, INC., such action is necessary or desirable.

LEGAL FEES

You agree to reimburse BLUE TREE PUBLISHING, INC. for its legal fees, costs and disbursements if BLUE TREE PUBLISHING, INC. is successful in enforcing any of its rights under this Agreement including, without limitation, in connection with any action to collect payment.

ASSIGNABILITY

You may not assign or transfer to anyone else the rights granted to you in this Agreement, without our prior written consent. BLUE TREE PUBLISHING, INC. may assign or transfer this Agreement freely.

CANCELLATION

After download of product, no cancellations or refunds will be accepted, no refunds made.

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 BLUE TREE PUBLISHING, INC., WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND BLUE TREE PUBLISHING, INC. RELATING TO THE SUBJECT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY PURCHASE ORDER TERMS (EVEN IF SUCH TERMS ARE SUBSEQUENT TO THE DATE OF THIS AGREEMENT). FAQ'S, OTHER EXPLANATIONS, AND TEXT IN BLUE TREE PUBLISHING, INC.' WEB SITES ARE FOR YOUR INFORMATION ONLY AND ARE NOT, AND SHALL NOT BE CONSTRUED AS, PART OF THIS AGREEMENT UNLESS SPECIFIED OTHERWISE IN THIS AGREEMENT.

January 2019