:: Business Development Laboratories, Inc. Royalty-Free End User License Agreement

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BUSINESS DEVELOPMENT LABORATORIES, INC. (HEREINAFTER REFERRED TO AS "BUSINESS DEVELOPMENT LABORATORIES"). READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU PURCHASE A LICENSE FOR ANY PRODUCT. BY PURCHASING A LICENSE FOR ANY PRODUCT FROM THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, CLICK ON YOUR BROWSER'S BACK BUTTON. BY DOING SO YOU WILL DECLINE THIS AGREEMENT AND WILL NOT BE GRANTED A LICENSE TO ANY PRODUCT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AND TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT AND YOUR RIGHTS UNDER THIS AGREEMENT WILL BE TERMINATED.

1. Grant of License. Subject to your compliance with the terms of this Agreement, Business Development Laboratories grants to you and your employer, if you are licensing on behalf of your employer, a non-exclusive, non-sublicensable, non-transferable right to use, without payment of additional royalties and fees, the product(s) you have selected (the "Product") for you or your customers or direct clients, for use on a worldwide and perpetual basis to produce derivative works for the following applications:
   1.1 Advertising and promotional materials;
   1.2 Print publications;
   1.3 Other uses approved by Business Development Laboratories in writing.
The only right granted to you is the right to use the Product in accordance with this Agreement. All rights not expressly granted to you in this Agreement are specifically reserved to Business Development Laboratories.

2. Limited Rights. Your rights to use Product(s) are limited in the following manner, in addition to any other restrictions provided in this Agreement or by law:
Product(s) are licensed with no rights protection on a non-exclusive basis. Business Development Laboratories gives no rights or warranties with regard to the use of names, trademarks, registered or copyrighted designs, elements or works of art depicted or contained in any image in any Product, and you must satisfy yourself that all the necessary rights or consents, as may be required for your use of Product(s), are obtained. The images contained in our Products may only be used by you in connection with our Products and for no other purpose. You may provide our products, as customized by you, to your client with the native files as long as the client does not create new derivative works from those files. Use of a Product in a manner not specifically authorized by this Agreement constitutes an infringement of our and our third party licensors' proprietary rights and will subject you to infringement damages. Use of a Product in a manner that is contrary to a restriction stated in this Agreement is prohibited.
You may not post any Product or portion thereof on any electronic bulletin board, place any Product or portion thereof on-line or in a downloadable format, or use, or allow anyone else to use, any Product or portion thereof to create pornographic, libelous, obscene or defamatory material.

3. Copyright. Business Development Laboratories and its licensors own and will retain all copyrights in and to any Product, including any image contained in any Product. You may not copy, modify, sell or distribute all or any part of any Product except as expressly authorized in this Agreement. The Products are protected by United States copyright law and international treaty. Unauthorized reproduction, modification, sale or distribution is subject to civil and criminal penalties.

4. Warranty and Limitation of Liability. Business Development Laboratories warrants the digital copy of the Product in the form downloaded by you to be free from defects in material and workmanship for 90 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the digital copy of the Product or refund of the license fee paid by you, at Business Development Laboratories' option. BUSINESS DEVELOPMENT LABORATORIES MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER BUSINESS DEVELOPMENT LABORATORIES NOR BUSINESS DEVELOPMENT LABORATORIES' THIRD PARTY REPRESENTATIVES SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, LOST PROFITS OR OTHER DAMAGES ARISING OUT OF THIS LICENSE OR OTHERWISE. If Business Development Laboratories is liable to you or your employer for any reason, then Business Development Laboratories' liability to you shall be limited to the sum invoiced and paid by you for the use of the particular Product involved. Some states do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state provisions.

5. Payment. No use of a Product can occur until full payment has been made. Any use of a Product by you prior to payment constitutes an infringement of Business Development Laboratories' and Business Development Laboratories' third party Business Development Laboratories' proprietary rights and a breach of this Agreement which entitles Business Development Laboratories to rescind this Agreement and seek damages from you and your employer, as applicable.

6. License Not Assignable. The license granted to you with respect to a particular Product may not be assigned. It is personal to you or your employer.

7. Interest on Overdue Invoices. If you arrange for payment terms directly with Business Development Laboratories and fail to pay any of Business Development Laboratories' invoices in full within 30 days of the invoice date, Business Development Laboratories shall add a service charge of one and one half percent (1-1/2%) per month, or such lesser sum as is allowed under law, on any unpaid balance.

8. Unauthorized Use of Products. You agree to indemnify and hold Business Development Laboratories, and its respective directors, officers, affiliates and representatives harmless against any claim for damages, losses or any costs, including attorneys' fees, arising in any manner whatsoever from the unauthorized use of any Product or portion thereof supplied to you by Business Development Laboratories, or for your breach of any of the terms of this Agreement.
 
9. Survival. The provisions of Sections 3 and 4 of this Agreement, and such other provisions which by their nature continue after termination, shall survive termination of this Agreement.

10. Miscellaneous Terms. No variation of any of the terms in this Agreement shall be effective unless agreed in writing by Business Development Laboratories and you. No part of the content of Business Development Laboratories' catalogs or other advertising materials form a part of this Agreement. No action of Business Development Laboratories, other than an express written waiver, may be construed as a waiver of any clause of this Agreement. If Business Development Laboratories waives any specific part of this Agreement, such waiver does not mean that any other part is waived. Should any clause of this Agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect. In the event of any inconsistency between the terms of this Agreement and the terms contained on any purchase order or other document sent by you or your employer, the terms of this Agreement shall govern. This Agreement, its validity and effect shall be interpreted under and governed by the laws of the State of Oregon, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the state and federal courts in Volusia County, Florida, and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, Business Development Laboratories 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 if, in the opinion of Business Development Laboratories, such action is necessary or desirable. If Business Development Laboratories is required to enforce Business Development Laboratories' rights as a result of any breach of this Agreement, whether a lawsuit is filed or not, it shall be made whole by you for such reasonable legal fees and costs incurred by it. If on this or any other form received by you in connection with your order, any terms or conditions contained herein or therein are inconsistent with the provisions of this Agreement as it appears on our website, such inconsistent terms and conditions shall be of no force and effect, it being the parties' intentions that this Agreement as it appears on our website shall govern all matters relating to our products. For licensing information pertaining to images or font products, please refer to the websites of the individual brands to view their licensing information or contact their customer service department.