The Open Thumbshots Project is a compilation of screenshot pictures of web sites and is made available to you to use under the following license agreement terms and conditions ('Open Thumbshots License'). For purposes of this Open Thumbshots License, 'Open Thumbshots' means only the Open Thumbshots Project currently hosted at http://www.thumbshots.org (or at another site as may be designated by Smartdevil in the future), and does not include any other versions, even if referred to as an 'Open Thumbshots,' that may be hosted by Smartdevil on other web pages.
1. Basic License. Smartdevil grants you a non-exclusive, royalty-free license to use, reproduce, modify and create derivative works from, and distribute and publish the Open Thumbshots and your derivative works thereof, subject to all of the terms and conditions of this Open Thumbshots License. You may authorize others to exercise the foregoing rights; provided, however, that you must have an agreement with your sublicensees that passes on the requirements and obligations of Sections 2, 4 and 5 below and which must include a limitation of liability provision no less protective of Smartdevil than Section 7 below.
Due to the nature of the content of the Open Thumbshots, many third parties' trade names and trademarks will be identified within the content of the Open Thumbshots (e.g., as part of URLs and logos). Except for the limited license to use the Smartdevil attribution in Section 2 below, nothing herein shall be deemed to grant you any license to use any Smartdevil or third party trademark or tradename.
2. Attribution Requirement. As a material condition of this Open Thumbshots License, you must provide the below applicable attribution statements on (1) all copies of the Open Thumbshots, in whole or in part, and derivative works thereof which are either distributed (internally or otherwise) or published (made available on the Internet and/or internally over any internal network/intranet or otherwise), whether distributed or published electronically, on hard copy media or by any other means, and (2) on any program/web page from which you directly link to/access any information contained within the Open Thumbshots, in whole or in part, or any derivative work thereof:
(a) If the Open Thumbshots in whole or in part, or any derivative work thereof, is made available via the Internet or internal network/intranet and/or information contained therein is directly accessed or linked via the Internet or internal network/intranet then you must provide the appropriate Smartdevil attribution statement as described in the page(s) at the URL(s): http://www.thumbshots.org/attribution.aspx.
(b) If the Open Thumbshots in whole or in part, or any derivative work thereof, is made available on any hard copy media (e.g., CD-ROM, diskette), you must place on the packaging a notice providing Smartdevil attribution as described in the page(s) at the URL(s): http://www.thumbshots.org/attribution.aspx. If there is no 'packaging', the previous attribution notice should be placed conspicuously such that it would be reasonably viewed by the recipient of the Open Thumbshots.
(c) If you are using or distributing the Open Thumbshots in modified form (i.e., with additions, modifications or deletions), you must include a statement indicating you have made modifications to it. Such statement should be placed with the attribution notices required by Sections 2(a) and 2(b) above.
Smartdevil grants you the non-exclusive, royalty-free license to use the above identified Smartdevil attribution statements solely for the purpose of the above attribution requirements, and such use must be in accordance with the usage guidelines that may be published by Smartdevil from time to time as part of the above URLs.
3. Right To Identify Licensee. You agree that Smartdevil has the right to publicly identify you as a user/licensee of the Open Thumbshots.
4. Errors and Changes. From time to time Smartdevil may elect to post on the page(s) at the URL http://www.thumbshots.org/attribution.aspx certain specific changes to the Open Thumbshots and/or above attribution statements, which changes may be to correct errors and/or remove content alleged to be improperly in the Open Thumbshots. So long as you are exercising the license to Open Thumbshots hereunder, you agree to use commercially reasonable efforts to check the page(s) at the URL http://www.thumbshots.org/attribution.aspx from time to time, and to use commercially reasonable efforts to make the changes/corrections/deletion of content from the Open Thumbshots and/or attribution statements as may be indicated at such URL. Any changes to the Open Thumbshots content posted at the page(s) at the URL http://www.thumbshots.org/attribution.aspx are part of Open Thumbshots.
5. Revocation and Non-compliance. Smartdevil and Open Thumbshots reserves the right to determine if a user is in compliance with the terms of this agreement. In the event that you fail to comply with the terms of this agreement or you have received a notice of revocation for the use of the Open Thumbshots from Smartdevil, yours rights granted under the license are automatically terminated, and you must immediately discontinue any and all uses of the Open Thumbshots (including without limitation publication, distribution, and creating derivative works of the Open Thumbshots).
6. No Warranty/Use At Your Risk. THE OPEN THUMBSHOTS AND ANY SMARTDEVIL TRADEMARKS AND LOGOS CONTAINED WITH THE REQUIRED ATTRIBUTION STATEMENTS ARE MADE AVAILABLE UNDER THIS OPEN THUMBSHOTS LICENSE AT NO CHARGE. ACCORDINGLY, THE OPEN THUMBSHOTS AND THE SMARTDEVIL TRADEMARKS AND LOGOS ARE PROVIDED 'AS IS,' WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT THEY ARE MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE, DISTRIBUTION, MODIFICATION, REPRODUCTION AND PUBLICATION OF THE OPEN THUMBSHOTS AND ANY DERIVATIVE WORKS THEREOF BY YOU AND ANY OF YOUR SUBLICENSEES (COLLECTIVELY, 'YOUR OPEN THUMBSHOTS USE'). THE ENTIRE RISK AS TO YOUR OPEN THUMBSHOTS USE IS BORNE BY YOU. YOU AGREE TO INDEMNIFY AND HOLD SMARTDEVIL, ITS SUBSIDIARIES AND AFFILIATES HARMLESS FROM ANY CLAIMS ARISING FROM OR RELATING TO YOUR OPEN THUMBSHOTS USE.
7. Limitation of Liability. IN NO EVENT SHALL SMARTDEVIL, ITS SUBSIDIARIES OR AFFILIATES, OR THE OPEN THUMBSHOTS CONTRIBUTING EDITORS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF WHETHER ANY CLAIM IS BASED UPON ANY CONTRACT, TORT OR OTHER LEGAL OR EQUITABLE THEORY, RELATING OR ARISING FROM THE OPEN THUMBSHOTS, YOUR OPEN THUMBSHOTS USE OR THIS OPEN THUMBSHOTS LICENSE AGREEMENT.
8. Quebec Law. This Open Thumbshots License will be governed by the laws of the Province of Quebec, Canada excluding its conflict of laws provisions.