END-USER LICENSE AGREEMENT (EULA).  By downloading any image or Material from the Site, you agree to the following terms and conditions:

This EULA incorporates by this reference the Terms of Use contained elsewhere on the Site.  This EULA is between you and Pix for Six.  Pix for Six may create for you an for the right to access, acquire, and use Materials from this Site.  Pix for Six represents that it owns all rights and copyrights to all Materials on the Site, and all rights and copyrights to Site and the Materials will remain the exclusive property, and under the right and control of, Pix for Six.  By downloading any Materials from Pix for Six, you assert that you have read, understood, and agreed to this EULA and the Terms and Conditions. 

A. User’s Rights to Materials from Pix for Six.  You may access, acquire, and use our Materials only as follows:
 

1. This EULA constitutes a legal agreement between you and Pix for Six.
2. Pix for Six.com grants you a nonexclusive, nontransferable license to access, acquire, and use our Materials, subject to this EULA.
3. You may access, acquire, and use the materials downloaded from Pix for Six.com subject to these Terms and Conditions in the following manner:

• a. In the development and creation of your business presence and entity.
• b. As part of an offline presentation, such as in menus, magazines, books, and newspapers.
• c. In the development and creation of marketing, promotional, or advertising materials, including newsletters, mailers, print ads, packaging, and fliers.
• d. As part of office presentation and layout for your business, such as  for decor in an office, lobby, retail store, or public area.
• e. In a PowerPoint presentation, but use of our Materials in this medium must include an explicit statement in an easily identifiable location in the presentation noting that “Some images contained in this presentation are the copyrighted property of Pix for Six.  As such, these images are being used under a license from Pix for Six, and may not be copied or downloaded without explicit permission from Pix for Six.”
• f. As part of a design element of a website, video, film, television broadcast, CD-Rom cover, or video game.  However, you may not, use our Materials in a website template or any template or design sold individually or as part of an archive or catalog collection, or an automated shopping system. You may use our Materials in client websites that are not distributed through an archive or automatic system.
   

B. Restrictions on Use of Pix for Six Materials. 

1. You may not share, sell, give, or allow anyone to use your username/password, nor access your account for any reason.
2. You may not distribute, share, sell, or give away any of our Materials at any time for any reason whatsoever.
3. You may not distribute our Materials electronically or in hard copy, except as specifically outlined in the “User’s Rights to Materials from Pix for Six’ section of this EULA. 
4. You may not use any Materials in a Website template or any template or design sold individually or as part of an archive or catalog collection, or an automated shopping system. You may use our photos in client websites that are not distributed through an archive or automatic system.
5. You may not allow or authorize any third party to use the Materials for any purpose at any time or resell, sublicense, or otherwise make available the Materials available for use or distribution separately or detached from a product or Web page.
6. You may not use any download software, internet accelerators, or other similar software or automated programs to access or download any Materials.

7. You may not use Materials in connection with any illegal, obscene, immoral, or pornographic material.
    

C. Rights of Pix for Six to Act.  Pix for Six may, in its sole discretion:

1. Monitor your download activity from Pix for Six.
2. Disable any account that engages in what Pix for Six determines to be a large number of photos on any given day, as such activity indicates possible EULA violations or abuse of a username/password and account.
3. Limit downloads to a fixed amount of downloads per 24 hour period, per user, as Pix for Six sees fit on an individual basis, and to ensure that the quality of our service is retained to be delivered to all.
4. Investigate any abuse of your username and password in connection with the Site or in connection with this EULA.
5. Take the appropriate action to investigate all potential abuse, which can lead to contacting the individual involved with the potential violations, account suspension, account termination, or other actions deemed necessary depending on the nature and severity of the actual or potential violations.
6. Terminate your account immediately for any violation of this EULA, without notice.  If your account is terminated for any violation of this Agreement, abuse of your username or password, or inappropriate access of our Materials, then you will lose all rights to Pix for Six Materials, and you must IMMEDIATELY delete any Materials you obtained prior to the termination, and forfeit all fees paid.
    

D. Copyright.  You understand that the Materials are copyrighted and owned by Pix for Six only, and any unauthorized use of any of these Materials by you may be an infringement of that copyright. 
 
E. No Warranty.  Pix for Six and all Materials are made available to you “AS IS, WHERE IS AND WITH ALL FAULTS.”  Pix for Six makes no representation or warranty, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.  Pix for Six makes no representation or warranty that your usage of Pix for Six will be uninterrupted, error free, or free of computer viruses or other damaging materials.  When you log in to your account and access Pix for Six, you do so at your own risk.
 
F. No Damages.  Pix for Six, and anyone associated with Pix for Six will not be liable for any indirect, special, consequential, or economic damages, including loss of revenue or profits, arising out of the use, or inability to use, the Materials.  Pix for Six, its employees, or related parties, will in no event be liable for any damages to exceed the amount paid by you for accessing or using Pix for Six, and for accessing, acquiring, or using Materials from Pix for Six.
 
G. Age of Majority.  You warrant and attest that you are of the age of majority and not a minor under applicable state law .  You fully understand the content, meaning and impact of this EULA.  You will not use the Materials in any way that is prohibitted in this EULA or in violation of this EULA.  Your use of the Materials will not violate any applicable law or regulation of any country, state, or other governmental entity.  The information you provide to Pix for Six is accurate and true, including all credit card information.
 
H. Indemnity.  You shall indemnify and hold harmless Pix for Six, and any person associated with Pix for Six, from and against all claims, liabilities, costs, losses, damages, and expenses, including attorneys fees, arising in connection with your use of the Materials and the Site or any breach or alleged breach of any representation, warranty, or other promise made by you in this EULA.
 
I. Entire Agreement.  This EULA expresses the parties’ entire understanding and agreement.  There have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this EULA.  Any modifications to this EULA must be in writing and signed by the party to be bouind by the modification.  This EULA supersedes any prior or contemporaneous agreements or contracts, whether written or oral, between you and Pix for Six.