THE IMAGE LIBRARY AND ITS CONTENTS ARE INTENDED FOR EDUCATIONAL USE ONLY, AND MAY NOT BE USED FOR COMMERCIAL OR PROMOTIONAL PURPOSES.
PLEASE NOTE: IN ORDER TO ACCESS AND USE THE AMERICAN SOCIETY FOR SURGERY OF THE HAND’S (“ASSH”) IMAGE LIBRARY (“IMAGE LIBRARY”), YOU MUST CAREFULLY REVIEW THE FOLLOWING AGREEMENT, CHECK THE BOX BELOW AND PRESS THE "ACCEPT" BUTTON, TO INDICATE YOUR AGREEMENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT THEN YOU MAY NOT ACCESS OR USE THE IMAGE LIBRARY OR ANY OF THE CONTENT CONTAINED THEREIN.
This Image Library Use Agreement ("Agreement") is a legal document that details your rights and obligations to ASSH with respect to the access and use of the Image Library and your obligations to ASSH as its licensee. You cannot access or use the Image Library, or any content contained therein, until you have accepted the terms of this Agreement. Please take the time to read and understand this Agreement, as well as your obligations as a licensee of ASSH. Please contact ASSH at firstname.lastname@example.org or 847-384-8300 if you have questions about this Agreement.
IMAGE LIBRARY USE AGREEMENT
BY CHECKING THE BOX BELOW AND PRESSING "ACCEPT", THE PERSON ENTERING INTO THIS AGREEMENT ON HIS/HER OWN BEHALF AND ON BEHALF OF HIS/HER COMPANY AND/OR EMPLOYER (IF APPLICABLE) AS ITS AUTHORIZED REPRESENTATIVE ("YOU" or “YOUR”), CONSENTS TO BE BOUND BY AND BECOMES A PARTY TO THIS AGREEMENT.
In consideration of the American Society for Surgery of the Hand’s agreement to license to You certain rights to use the images, photographs, drawings, illustrations or other artwork (individually and collectively, the “Work”) available in the ASSH image library (the “Image Library”), as well as in consideration of the mutual covenants and promises below, the parties hereto hereby agree as follows:
1. Grant of Sublicense. You acknowledge and agree that each Work is and shall continue to be owned by ASSH or its licensors who have granted ASSH certain limited rights in and to such Work. ASSH hereby grants You a non-exclusive, royalty-free, worldwide license to reproduce, have reproduced, distribute, have distributed, and publicly display each Work available in the Image Library in any medium, whether now known or later developed, solely in connection with lectures and/or not-for-profit educational purposes while You are a member in good standing of ASSH. You acknowledge and agree that all other rights in and to each Work are reserved by ASSH and its respective licensors. You understand that you may only use the Work contained in the Image Library for educational purposes, including, for example, your lectures and other not-for-profit educational purposes. You may not use the Works or access the Image Library for commercial or promotional purposes.
2. Warranty. You represent, warrant and covenant to ASSH that: (a) You will only use each Work for the limited purposes set forth herein and in accordance with all applicable laws and regulations; (b) if you wish to make any use of any Work beyond what is explicitly permitted under this Agreement, You will contact the owner of the Work to obtain all required consents, authorizations and permissions prior to any such use; (c) if a Work contains a copyright notice or other legend identifying its owner, You will not remove such notice or legend; (d) You will not remove any watermarks that may be embedded in any Work; (e) by accessing and using the Image Library and downloading any Work therefrom, You will not knowingly subject ASSH or any user of the Image Library to any malicious code; (f) You will not claim or represent that any of the Work is your own; and (g) You will acknowledge the Image Library and ASSH as the source of the Work in all uses of the Work.
3. Image Library. You acknowledge and agree that the Image Library is provided for educational purposes only as a courtesy to ASSH members, and that ASSH shall have the right, exercised in its sole discretion, to remove any Work from the Image Library at any time or to discontinue access to the Image Library in its entirety, without notice to You.
4. Indemnification. You agree to fully indemnify, defend and hold harmless ASSH, its officers, directors, licensors, employees and agents from and against any and all claims, expenses (including attorneys’ fees), settlements and liabilities arising directly or indirectly from: (a) the inaccuracy or breach of any of any of Your representations or warranties set forth herein; (b) Your breach of any of Your obligations under this Agreement; or (c) any claims relating to or arising out of Your use of any Work or the Image Library.
5. Termination. This Agreement shall continue in full force and effect in perpetuity unless and until (a) ASSH terminates this Agreement, in its sole discretion upon written notice to You; (b) ASSH terminates the limited license to use any particular Work, in its sole discretion upon written notice to You; or (b) You are no longer a member in good standing of ASSH, in which case all licenses to the Work shall automatically terminate. Your failure to abide by the terms of this Agreement or breach of any of the representations and warranties contained herein may result in the immediate termination of this Agreement and possible censure. Upon termination of this Agreement, or the termination of the license to any particular Work, You agree to immediately cease all reproduction, distribution, public display and other use of the Work.
6. Disclaimer of Liability; Release. IN NO EVENT SHALL ASSH BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES PURSUANT TO OR ARISING OUT OF THIS AGREEMENT, YOUR USE OF THE IMAGE LIBRARY, THE CONTENT OF ANY WORK, OR YOUR USE OF ANY WORK, EVEN IF ASSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USE OF THE IMAGE LIBRARY BY YOU IS AT YOUR SOLE RISK. ACCORDINGLY, THE IMAGE LIBRARY AND THE WORK ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. You hereby specifically forever release and discharge ASSH, its officers, directors, employees and assigns from any and all claims, actions, causes of action, costs, liabilities, or other expenses relating to or arising out of accessing the Image Library, Your use of the Image Library, or Your use of any Work contained therein, including without limitation the reproduction, distribution, reformatting, public display, or other use of any Work.
7. Miscellaneous. This Agreement constitutes the entire agreement and understanding of You and ASSH with respect to the subject matter hereof, superseding any and all prior agreements, understandings, negotiations, and discussions. No amendment, alteration, modification, or waiver of this Agreement shall be binding unless evidenced by an instrument in writing signed by the parties. Any claims relating to this Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, and to the extent permitted by applicable law, You consent to the jurisdiction and venue of the federal and state courts in the State of Illinois, County of Cook with respect to any such claims. The obligations set forth in Sections 2, 4, 5, 6 and 7 shall survive according to their respective terms following the termination or expiration of this Agreement or the termination of the license to any particular Work, howsoever occasioned.
THE INDIVIDUAL THAT ACCEPTS THIS AGREEMENT ON HIS OR HER OWN BEHALF HAS READ AND UNDERSTOOD THE FOREGOING AGREEMENT, AND AGREES THAT SUCH PERSON WILL BE BOUND TO ALL OF THE ABOVE TERMS AND CONDITIONS. THE INDIVIDUAL THAT ACCEPTS THIS AGREEMENT ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE HAS READ AND UNDERSTOOD THE FOREGOING AGREEMENT AND AGREES THAT SUCH ENTITY WILL BE BOUND TO ALL OF THE ABOVE TERMS AND CONDITIONS.