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PREMIER PLUS MEMBER AND LICENSE AGREEMENT

YOU MAY USE THESE GRAPHICS ONLY FOR NON-COMMERCIAL MINISTRY PURPOSES. Any other use requires a separate license agreement. Please read this entire license agreement prior to downloading or using this product.


TERMS AND CONDITIONS OF USE OF DIGITAL MEDIA

This is a legal agreement between you and Oxygen Church Media ("Licensor"). By downloading electronic files or using this product, you agree to be bound by the terms of this agreement. If you do not agree to these terms, please remove all associated files from your computer immediately.

If you are entering into this agreement on behalf of your employer, church or other organization ("Organization"), the license granted and restrictions and limitations recited herein apply to the Organization as well as to you as a representative of the Organization. Should you cease working for or volunteering for this Organization, the Organization may continue to operate under this agreement.

GRANT OF ROYALTY-FREE LICENSE

Licensor grants to you and your Organization, if you are licensing on behalf of your Organization, a nonexclusive, non-sublicensable right to use any software obtained from Licensor ("Software") and any Licensor's image, film clip, font, clip art, animation or audio clip, and any derivatives or copies, obtained hereunder (collectively, "Digital Media"), on your personal computer.

The Digital Media may be used on a worldwide basis for non-commercial, ministry purposes only as long as you remain a Premier Plus Member in good standing with Oxygen Church Media. Such purposes include:

(i) ADVERTISING and PROMOTIONAL MATERIALS given away for free (including bulletin covers, flyers, brochures, bulletin inserts, t-shirts, posters, post-cards, and calendars);
(ii) ONLINE or other ELECTRONIC DISTRIBUTION SYSTEMS (including in web page design and streaming media), provided that no Digital Media is at a resolution greater than 480x640 pixels and the Digital Media is incorporated into a design in such a manner to make it clear that the Digital Media is not intended to be separately downloaded, copied, or distributed;
(iii) BROADCASTS on local television stations or cable access channels;
(iv) PRODUCTS and PUBLICATIONS given away for free (including sermon notes, magazines, newsletters, audio cassettes, audio compact discs, DVDs, videotapes, and packaging for such items);
(v) PRESENTATIONS and THEATRICAL EXHIBITIONS where admission is free; and
(vi) Any other use approved in writing by the Licensor.

The Digital Media MAY NOT be used for:

(i) ELECTRONIC PRESENTATION FILES, whether given away for free or otherwise, distributed in a form in which the Digital Media may be reused by the recipient for other purposes (for example, PowerPoint files using the Digital Media where text may be modified or slides copied into other presentations);
(ii) BROADCASTS outside your local broadcast market, including network, satellite and cable broadcasts, even if such broadcasts are non-commercial;
(iii) COMMERCIAL PRINTING, VIDEO PRODUCTION or WEB DESIGN SERVICES, where you or your Organization is paid to use the Digital Media for purposes that are allowed under this Agreement (in such cases, each client must purchase their own license to use the Digital Media, which you may then use only while working on their behalf on their projects);
(iv) ELECTRONIC TEMPLATES or APPLICATIONS, including those that are web-based, where the purpose is to create multiple impressions of an electronic or printed product, including, but not limited to, website designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter;
(v) PHOTO or CLIP ART COLLECTIONS, including free collections, where the Digital Media is intended to be separately downloaded, copied or distributed;
(vi) LOGO DESIGN, where the Digital Media is used prominently in close proximity to your organization’s name or department name, a brand name, or any other group identity;
(vii) ANY COMMERCIAL PURPOSE WHATSOEVER. This includes any products or publications that are sold or otherwise used to generate revenue for yourself, your Organization, or any other entity, except for revenue derived from charitable contributions that are considered deductible for federal income tax purposes according to U.S. Internal Revenue Service rules.

A separate license may be available and must be purchased prior to using the Digital Media for any use not expressly permitted in this license agreement. You may not utilize the Digital Media, Software or disc in any manner that is not expressly permitted in this license agreement. All rights not specifically granted above are retained by Licensor.

Use of the Digital Media, or any part thereof, as a trademark or service mark is not permitted. Pornographic use, use which would be defamatory or libelous absent the consent of the model or use which is otherwise unlawful is prohibited. If any of the Digital Media featuring a person is used in a manner that implies endorsement, use of, or a connection to a product or service by that model, or a potentially unflattering or controversial subject, you must print a statement which indicates that the person is a model and is used for illustrative purposes only.

Except as provided herein, the Digital Media may not be sublicensed, resold or otherwise made available for use or distribution. If you are licensing this Digital Media on behalf of an Organization: 1) the Digital Media, Software or disc may be shared with up to five (5) members of your Organization; and 2) you may create a network of servers, either with or without a central location, which enables up to five (5) members of your Organization to share the Digital Media, Software or discs. One copy of the Digital Media or Software may be made for backup purposes only but may only be used if the original Digital Media or Software becomes defective, destroyed or otherwise irretrievably lost. The Software may be used only in conjunction with the Digital Media.

If you would like to use the Digital Media for in a manner not expressly permitted in this license agreement (for example, for printing materials for other organizations, or in products for sale), please contact Licensor by email at , or by phone at 360 816 0549.


MEMBERSHIP AND TERMINATION

This license shall remain in force as long as you maintain a Premier Plus Membership in good and regular standing with Oxygen Church Media. Your membership may be revoked without prior notice for non-payment of membership fees. The Premier Plus Membership program may be changed or discontinued, or your Premier Plus Membership terminated, at any time at the sole discretion of Oxygen Church Media. In addition, you may terminate your Premier Plus membership at any time.

This license shall terminate as soon as your Premier Plus Membership ends. Upon termination, you must discontinue all use of the Digital Media for any purposes provided herein. You may, however, continue using other Digital Media obtained from Oxygen Church Media under the terms provided under any other license obtained separate from this Agreement, but only if such other licenses remain in force upon termination of this license.


WARRANTY

Licensor warrants the Digital Media, Software and disc 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 Media, Software or disc or refund of the purchase price, at Licensor's option. LICENSOR MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not permit the exclusion of implied warranties, and you may have other rights which may vary from state to state. NEITHER LICENSOR NOR ITS LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES ARISING OUT OF THIS LICENSE OR OTHERWISE.


GENERAL

You may not decompile, reverse engineer, disassemble, or otherwise reduce to human-readable form any Software contained on this disc. All rights to the Digital Media, Software and disc are owned by Licensor and/or its licensors and are protected by United States copyright laws, international treaty provisions and other applicable laws. The Digital Media, Software and disc are licensed only to you or your Organization, if you are licensing on behalf of your Organization. The license contained in this agreement will terminate automatically without notice from Licensor if you or your Organization fail to comply with any provision of this agreement. Upon termination, you and your Organization must immediately (i) stop using the Digital Media, Software or disc, (ii) return the Digital Media, Software and disc and all copies of it to Licensor, and (iii) delete the Digital Media and Software and all copies from all magnetic media and destroy all other copies, or upon request of Licensor, return all such copies to Licensor. 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. Licensor reserves the right to discontinue the use of any Digital Media for any reason and elect to replace the Digital Media with an alternate Digital Media. Upon notice of any discontinuance of a license for a particular Digital Media, you, your Organization and your client, if applicable, agree not to use such Digital Media in the future. This agreement will be governed in all respects by the laws of the State of Washington, U.S.A., without reference to its laws relating to conflicts of law.

Notwithstanding the foregoing, Licensor shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S.A. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Licensor, such action is necessary or desirable. The Digital Media, Software and disc are "Restricted Computer Software" and when provided to, for or used on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), are provided with Restricted Rights. Use, duplication, and disclosure by the U.S. Government is subject to restrictions as set forth under the United States copyright laws, this agreement and as provided in DFARS 227.7202-1(a), and 227.7202-3(a) (1995), DFARS 252.227.7013(c), FAR 12.212(a) (1995), or FAR 52.227-19(a)-(d), as applicable.

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