IMPORTANT — READ THIS CAREFULLY BEFORE CONTINUING!
By clicking on the “AGREE” button below, you indicate your
acceptance of the following License Agreement.
MEDICAL ILLUSTRATION LICENSE AGREEMENT
IN ORDER TO DOWNLOAD ANY MEDICAL ILLUSTRATIONS FROM THE ANATOMICAL JUSTICE WEBSITE OR OBTAIN ANY MEDICAL ILLUSTRATIONS FROM ANATOMICAL JUSTICE, YOU MUST ACCEPT THE FOLLOWING LICENSE AGREEMENT. IF YOU DO NOT ACCEPT THIS LICENSE, YOU WILL NOT BE PERMITTED TO DOWNLOAD OR OBTAIN ANY MEDICAL ILLUSTRATIONS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU, AS THE END USER, AND ANATOMICAL JUSTICE LLC (“ANATOMICAL JUSTICE”). BY CLICKING ON THE “AGREE” BUTTON BELOW, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS LICENSE AGREEMENT, INCLUDING BUT NOT LIMITED TO THE RESTRICTIONS ON USE AND DISCLAIMER OF WARRANTIES.
1. Grant of License. Subject to the terms of this License Agreement, Anatomical Justice grants you a nonexclusive, nontransferable right and license to use and display any Medical Illustrations downloaded from the Anatomical Justice Website or otherwise obtained from Anatomical Justice in connection with a single legal case or, if you will not be using the Medical Illustrations in connection with a legal case, for a single purpose. You can use and display these Medical Illustrations as part of or in connection with presentations, demonstrations, demand letters, settlement negotiations, mediation proceedings, arbitrations and/or trials. If you want to use these Medical Illustrations for any other purpose, you must get Anatomical Justice’s written consent in advance.
2. Restrictions on Use. Unless Anatomical Justice expressly agrees in writing, you may not use any Medical Illustrations on or as part of a website or computer program. You may not distribute copies of any Medical Illustrations to anyone else except as permitted under Paragraph 1 above. You may not rent or lease any Medical Illustrations. You may not use any Medical Illustrations in any videotape, film or motion picture of any kind that is intended to be distributed commercially. You may not publish any Medical Illustrations. You may not alter any Medical Illustration in any way whatsoever after it is downloaded or otherwise provided to you. You may not remove or attempt to remove any copyright notices, legal notices, electronic safeguards or other items contained within any Medical Illustration. You may not copy, use, re-use, archive, store or distribute any Medical Illustrations downloaded from the Anatomical Justice Website or otherwise obtained from Anatomical Justice, except as expressly authorized by this License Agreement or as approved in writing by an authorized representative of Anatomical Justice. You may not sell or sublicense any Medical Illustrations, or any copies of them, in either hard copy or electronic form. You may not do anything with any portion of any Medical Illustration that you cannot do with the entire Medical Illustration.
3. License Fees. In consideration of the grant of the foregoing license, you agree to pay the fees set forth on the Anatomical Justice Website or in the quotation provided to you by Anatomical Justice, as the case may be. Prices may change at any time and from time to time without notice, except that prices in any quotation will remain valid for 30 days. All fees must be paid in advance, before any Medical Illustrations are downloaded or provided to you. If you breach the terms of this License Agreement, Anatomical Justice will be entitled to all reasonable costs (including attorneys fees) incurred in enforcing its rights under this License Agreement.
4. Ownership of Medical Illustrations. All rights in the Medical Illustrations belong to Anatomical Justice or its content providers and are protected by United States copyright laws and international treaty provisions. Therefore, you must treat the Medical Illustrations like any other copyrighted material (e.g., a book or musical recording). You may be held legally responsible for any copyright infringement which is caused or encouraged by your failure to comply with the terms of this License Agreement.
5. Intellectual Property Policy. It is Anatomical Justice’s policy to respond to notices of alleged infringement of intellectual property that comply with the Digital Millennium Copyright Act of 1998 and Title 17 of the United States Code, as amended.
6. Termination. This License Agreement will terminate automatically without notice from Anatomical Justice if you fail to comply with any provision of this License Agreement. You may terminate this License Agreement by giving written notice of termination to Anatomical Justice. Upon any termination of this License Agreement, you will no longer be entitled or permitted to use or display any Medical Illustrations.
7. Disclaimer of Warranties. Anatomical Justice disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability or operability or availability of any Medical Illustrations. Anatomical Justice disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MEDICAL ILLUSTRATIONS IS AT YOUR SOLE RISK. ALL MEDICAL ILLUSTRATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. Any implied warranty(ies) on the Medical Illustrations or the media are limited to 90 days. Some states do not allow limitations on the duration of any implied warranty, so the above limitations may not apply to you.
8. NO OTHER WARRANTIES. ANATOMICAL JUSTICE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE MEDICAL ILLUSTRATIONS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANATOMICAL JUSTICE, ITS EMPLOYEES OR AGENTS, WILL CREATE A WARRANTY OR IN ANY WAY INCREASE ANATOMICAL JUSTICE’S OBLIGATIONS TO YOU.
9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT WILL ANATOMICAL JUSTICE OR ITS CONTENT PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOST INFORMATION OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE ANY MEDICAL ILLUSTRATIONS, EVEN IF ANATOMICAL JUSTICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. LIMITATION OF LIABILITY. UNLESS ANATOMICAL JUSTICE OTHERWISE AGREES IN A WRITING SIGNED BY AN AUTHORIZED OFFICER OF ANATOMICAL JUSTICE, ANATOMICAL JUSTICE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE MEDICAL ILLUSTRATIONS OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY ANATOMICAL JUSTICE WILL BE THE REFUND OF THE PURCHASE PRICE FOR THE MEDICAL ILLUSTRATIONS FOUND TO BE INADEQUATE.
11. Indemnification. You agree to indemnify and hold harmless Anatomical Justice, as well as Anatomical Justice’s officers, directors, employees, agents, content providers, successors and assigns, from and against any and all claims, damages, losses, expenses, liabilities, actions and causes of action (including reasonable attorney fees) which Anatomical Justice sustains, pays or suffers that are caused by or result from anything that you do with any Medical Illustrations, or anything that you fail to do with any Medical Illustrations.
14. Governing Law and Venue. This License Agreement will be governed by the laws of the Commonwealth of Pennsylvania, notwithstanding any conflicts of law rules to the contrary. You expressly agree that the Pennsylvania state and federal courts will have exclusive jurisdiction over any dispute you may have with Anatomical Justice that relates to your use of any Medical Illustrations, and you further agree and expressly consent to the exercise of personal jurisdiction and venue of the Pennsylvania federal and state courts in connection with any such dispute, including any claim involving Anatomical Justice or its officers, directors, employees, agents, content providers, successors and assigns.
15. Execution. You agree to be bound by the terms and conditions of this License Agreement as of the date on which you click on the “AGREE” button below. You also agree that this License Agreement is the complete and exclusive agreement between you and Anatomical Justice and supersedes all prior quotations, proposals and agreements, oral or written, and any other communications between you and Anatomical Justice relating to the subject matter of this License Agreement. You further agree to sign and return to Anatomical Justice, if so requested by Anatomical Justice, a paper copy of this License Agreement. Notwithstanding anything to the contrary contained in this License Agreement, your failure to sign or return a copy of this License Agreement to Anatomical Justice within ten (10) days after your receipt of such a copy may, at Anatomical Justice’s option, constitute a breach sufficient for Anatomical Justice to immediately terminate this License Agreement.
BY CLICKING ON THE “AGREE” BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS LICENSE AGREEMENT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.
Should you have any questions concerning this License Agreement, or if you desire to contact Anatomical Justice for any reason, please contact in writing:
Anatomical Justice LLC
20 Mauch Chunk Street
P.O. Box 192
Nazareth, PA 18064
Attn: Customer Care – License Issues