Commercial License Agreement

This is a legal contract between you and SermonView of Vancouver, Washington (“SermonView”). By downloading or using this Content, you agree to be bound by the terms of this License Agreement, which states what you may and may not do with the Content and contains limitations on warranties and remedies. If you do not accept or agree with these terms, do not download our content.

If you are entering into this agreement on behalf of your employer, church or other legal entity (“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, volunteering for or representing this Organization, the Organization may continue to operate under this License Agreement.

1. Ownership. This Content is licensed, not sold, and remains the property of SermonView or its licensors. This Content is copyrighted and protected under the various laws of the United States, International treaties and other applicable laws. Unauthorized use of the Content is a violation of applicable laws and may result in criminal prosecution.
2. Grant of rights. SermonView grants to you and your Organization, if you are licensing on behalf of your Organization, a non-exclusive, non-transferable, non-sublicensable right to use any image, artwork, illustration, photograph, slide, video clip, font, clip art, animation, design, audio clip, sermon manuscript, or other copyrighted material, and any derivatives or copies, obtained hereunder (collectively, the “Content”), on your personal computer.
3. Permitted uses. The Content may be used on a worldwide and perpetual basis for any of the following purposes:
1. in any electronic or print media, including advertising and editorial use, provided such use is not intended to allow the re-distribution or re-use of the Content;
2. on product packaging or in any items for personal use or resale, including book covers, calendars, and consumer merchandise (such as T-shirts, key chains, greeting cards, and mugs), provided such use combines your text with our Content and is not intended to allow the re-distribution or re-use of the Content;
3. you may modify or alter the Content as necessary for your use, subject to the terms of this Agreement, and provided that if such modification or alteration constitutes a derivative work you do not acquire any copyright ownership or equivalent rights in or to any of the Content or any other property of SermonView or its licensors and you shall only use such derivative work in accordance with this Agreement. If requested by SermonView, you agree to execute a written assignment of any such rights, including copyrights, at no cost to SermonView;
4. use the Content as décor in a church, office, lobby, public area, restaurant, or retail store;
5. use the Content as design elements in video, film, or television broadcasts;
6. use the Content for any other uses approved in writing by SermonView.

A separate license may be available and must be obtained prior to using the Content for any use not expressly permitted in this License Agreement. All rights not specifically granted in this License Agreement are retained by SermonView.

If you would like to use the Content for a purpose not expressly permitted in this License Agreement, please contact SermonView by email at <licensing@sermonview.com> or by telephone at 360 567 3400.

4. Prohibited Uses. You may not utilize the Content in any manner that is not expressly permitted in this License Agreement. Under the terms of this License Agreement, you MAY NOT:
1. distribute the Content as part of electronic presentation files, whether given away for free or otherwise, when distributed in a form in which the Content may be reused by a third party for other purposes (for example, PowerPoint files using the Content where text may be modified or slides copied into other presentations);
2. display the Content in any digital format or for any digital use at a resolution greater than 640 pixels by 480 pixels, except in preliminary design work not intended for distribution. Doing so will be viewed as an attempt to distribute the Content in violation of this Agreement;
3. use the Content as a trademark, service mark, or logo;
4. use the Content in any way that could be considered defamatory, pornographic, libelous, immoral, obscene or fraudulent, or illegal, either by making physical changes to it, in the juxtaposition to accompanying text or images, or otherwise;
5. reverse engineer, decompile, translate or disassemble any part of the Content;
6. use the Content in photo or clip art collections, including free collections, where the Content is intended to be separately downloaded, copied or distributed;
7. use the Content in a product or service whereby the Content can be used apart from the product or service;
8. use the Content in any downloadable format intended for multiple distribution including, without limitation, Web site templates, software products, e-greetings, presentation templates, etc.;
9. use the Content to create merchandise for resale where display of the Content is the primary purpose of the product, such as posters and framed wall art;
10. use the Content, or resell for use, in mobile devices, including but not limited to mobile telephones, handheld game consoles, and PDAs; nor
11. remove any copyright, trademark, or watermark from any place where it appears on the Content.

If any of the Content featuring an identifiable 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 include a statement which indicates that the person is a model and is used for illustrative purposes only.

You and your Organization are prohibited from using the Content to compete with SermonView. SermonView is in the business of licensing religious artwork, sermon manuscripts, and other Content to its customers and providing graphic and printing services related to the Content. It is the specific intent of this provision to prohibit you from using the Content to enter, either directly or indirectly, a similar or competing business.

5. Distribution. Except as provided herein, the Content may not be sublicensed, resold or otherwise made available for use or distribution. If you are licensing this Content on behalf of an Organization:
1. the Content 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 Content.

One copy of the Content may be made for backup purposes only but may only be used if the original Content becomes defective, destroyed or otherwise irretrievably lost.

You may have the Content reproduced by your subcontractors for preparation of a final product, provided that such subcontractors agree to abide by the provisions of this Agreement.

6. Credit (optional). If you would like to give credit to SermonView for the Content where it is used, you may display a written statement in substantially the following form:

Artwork used by permission of SermonView Preaching Graphics

You may substitute one of the following words for the word “artwork” if it more closely describes the type of Content being credited: image, illustration, photograph, slide, video clip, animation, design, audio clip, sermon material.

7. Warranty. SermonView warrants that it has the legal right to grant licenses to the Content on behalf of the copyright owners. SermonView further warrants that the Content and any physical media on which the Content may be provided will be free from defects in materials and workmanship under normal use for a period of 30 days from the date of license. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the Content and/or the physical media on which the Content was provided, or refund of the purchase price, at SermonView’s option.

Except as provided above, the Content is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. SermonView does not warrant that the Content will meet your requirements or that use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the Content is solely with you.

Neither SermonView 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.

8. Assignment and waiver. You may not assign or transfer to anyone else the rights granted to you in this License Agreement, without our prior written consent. SermonView may assign or transfer this License Agreement freely. No action of SermonView, other than written waiver, may be construed as a waiver of any provision of this License Agreement. Waiver of a breach by either party in any one instance shall not constitute a waiver of any subsequent breach, whether or not similar.
9. Governing law. This Agreement will be governed under the laws of the State of Washington and the federal laws of the United States of America applicable therein (without reference to conflicts of laws principles). Any and all disputes arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in the State of Washington, pursuant to the laws in effect at the time arbitration is demanded. You agree to reimburse SermonView for its legal fees, costs and disbursements if SermonView is successful in enforcing any of its rights under this Agreement.

Notwithstanding the foregoing, SermonView 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 SermonView, such action is necessary or desirable.

10. Entire agreement. You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between you and SermonView, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and SermonView relating to the subject of this agreement. FAQ’s, other explanations, and text in SermonView’s websites are for your information only and are not, and shall not be construed as, part of this agreement unless specified otherwise in this agreement. If any provision of this Agreement is held to be not enforceable, such provision shall be reformed only to the extent to make it enforceable, consistent with the parties’ intent.
11. Termination. This License Agreement is effective until terminated. This License Agreement will terminate automatically, without notice from SermonView, if you or your Organization fail to comply with any provision of this License Agreement. You can terminate this Agreement by destroying the Content files, along with any copies or archives, any physical media or accompanying materials (if applicable), and ceasing all use of the Contents for any purpose. Any continued use of Content by you or your Organization shall then constitute an infringement of copyright. SermonView and copyright holders hereby reserve all rights to legal and financial remedies should any such situation arise.

    SermonView reserves the right to discontinue the use of any Content for any reason and elect to replace the Content with alternate Content. Upon notice of any discontinuance of a license for any particular Content, you and your Organization agree not to use such Content in the future.

    Upon termination of this Agreement, you and your Organization agree to destroy all copies and archives of the Content, cease using the Content for any purpose, and confirm to SermonView in writing that you have complied with these requirements.

(3/23/2018)