B&W Window Fashions • Your Source For Unique Window Fashions • Photo Gallery Agreement

NOTE: YOU WILL BE BOUND BY THE TERMS OF THIS AGREEMENT IF YOU USE ANY OF THE

IMAGES OR FILES CONTAINED ON THIS SITE.

The enclosed materials are licensed only on the condition that the licensee agrees with B&W

Window Fashions, Inc. (“B&W”) as to the terms and conditions set forth in the following legal

agreement.

1. Grant of License: B&W will grant Licensee a nontransferable, nonexclusive license to use the

images of B&W products contained in this site (the “Copyright Images”), if Licensee agrees to the

following terms and conditions. Licensee may not use, copy, modify, or transfer the Copyright

Images, in whole or in part, except as provided in this agreement.

2. Terms & Termination: This Agreement is effective from the date on which Licensee opened the

package containing Copyright Images. Licensee may terminate this Agreement at any time by

destroying the Copyright Images, together with all copies. It will also terminate automatically and

without notice if Licensee fails to comply with any term or condition of this Agreement.

3. Ownership: The Copyright Images are the sole and exclusive property of B&W.

4. Usage Restrictions:

(a) Licensee may use the Copyright Images only to promote, market, advertise or sell genuine B&W

products and for no other purpose.

(b) Licensee may use the Copyright Images for print media, television advertising and web

(internet) applications.

trademark and trade name designations for B&W products.

(d) Licensee will not alter or modify the Copyright Images in any manner, other than proportionate

resizing and cropping, without prior consent of B&W.

(e) Licensee will not transfer or distribute copies of the Copyright Images to any third party.

(f) Licensee will not use the Copyright Images in any advertisement which is not presented in a

dignified manner and in such a way as to enhance the general reputation and quality of the product

and its trademark.

(g) Licensee will not use the Copyright Images in any advertisement which makes reference to

direct competitors or their products.

5. Responsibility: Licensee assumes full responsibility for the selection of the Copyright Images

and for its installation and use and the results of that use.

6. Warranty Disclaimers & Liability Limitations:

(a) B&W makes no warranty or representation with respect to the Copyright Images and it is

licensed “as is”“. The warranty and remedy provided above are exclusive and in lieu of all other

warranties, expressed or implied, including but not limited to, the implied of merchantability and

fitness for a particular purpose, and any statements or representations made by any person or firm

are void.

(b) Licensee assumes all risk to the selection, use, performance and quality of the Copyright

Images. In no event will B&W or any other party who has been involved in the creation, production

or delivery of the Copyright Images be liable for special, direct, indirect, incidental or consequential

damages, including loss of profits or inability to use the Copyright Images, even if B&W or such

other party as has been advised of the possibility of such damages. In no event shall B&W or such

other parties liability for any damages or loss to Licensee or any other party exceed the prices paid

for the Copyright Images.

some states and/or countries do not allow the exclusion or limitation of incidental or consequential

damages, so the above limitation and exclusion may not apply to Licensee. This warranty gives

Licensee specific legal rights, and Licensee may also have other rights which vary from state to

state and/or country to country.

8. Additional:

(a) If any provision or portion of a provision of this Agreement is determined to be invalid or

unenforceable, it shall be deemed omitted and the remaining provisions of this Agreement shall

remain in full force and effect.

(b) This Agreement is governed by and construed in accordance with the laws of the State of Illinois,

County of Lake.

matter hereof, and all prior agreements, representations, statements and undertakings are hereby

expressly canceled.

B&W WINDOW FASHIONS • 1705 Waukegan Road • Waukegan, IL 60085 • Phone:800-858-2352 • Fax: 800-858-8556