LAWRENCE BERKELEY NATIONAL LAB
Terms and Conditions
End User License Agreement for Selected Images
for Non-Commercial Use
IMPORTANT – PLEASE READ CAREFULLY: This End User License Agreement (“Agreement”) is a legal agreement between you (in your capacity as an individual and as an agent for your company, institution or other entity) (collectively, “you” or “Licensee”) and The Regents of the University of California, Department of Energy contract-operators of the Ernest Orlando Lawrence Berkeley National Laboratory (“Berkeley Lab”). Downloading, displaying, using, or copying of the Image (as defined below) by you or by a third party on your behalf indicates your agreement to be bound by the terms and conditions of this Agreement. If you do not agree to these terms and conditions, do not download, display or use the Image.
1. License Grant. Subject to receipt by Berkeley Lab of any required U.S. Department of Energy approvals, Berkeley Lab grants you, and you hereby accept, a non-commercial, non-exclusive, royalty-free revocable license to download, display, use and copy the image selected by you and provided by Berkeley Lab (collectively, the “Image”), subject to the following terms and conditions:
(a) You may use the Image solely for non-commercial use. To gain permission to use the Image for commercial purposes, including textbooks, commercial materials, and periodicals, please contact photo@lbl.gov
(b) You may copy the Image solely to the extent reasonably necessary to exercise the foregoing license; provided however that (i) you must reproduce all copyright notices and other proprietary or acknowledgment notices on any copies of the Image and you must not remove or alter those notices; (ii) all copies of the Image shall be subject to the terms of this Agreement;
(c) You may not use, rent, lease, loan, sublicense, distribute or transfer the Image to any third party for any commercial purposes. Any commercial use of a photo requires prior consent from Berkeley Lab; and
(d) Berkeley Lab retains the rights to terminate this Agreement and withdraw its consent to the continued use, display or reproduction of the Image in any work, and expressly when then the purpose of such use does not advance the educational or scientific mission of Berkeley Lab.
2. Copyright; Retention of Rights. Subject to approval by the U.S. Department of Energy: (i) you hereby acknowledge that the Image is protected by United States copyright law and international treaty provisions; (ii) Berkeley Lab, and its licensors (if any), hereby reserve all rights, title and interest in and to the Image which are not explicitly granted to you herein; and (iii) without limiting the generality of the foregoing, Berkeley Lab and its licensors (if any) retain all title, copyright, and other proprietary interests in the Image and any copies thereof, and you do not acquire any rights, express or implied, in the Image, other than those specifically set forth in this Agreement.
3. U.S. Government Rights. The Image was developed under funding from the U.S. Department of Energy and the U.S. Government consequently retains certain rights as follows: the U.S. Government has been granted for itself and others acting on its behalf a paid-up, nonexclusive, irrevocable, worldwide license in the Image to reproduce and display publicly. The U.S. Government is granted for itself and others acting on its behalf a paid-up, nonexclusive, irrevocable, worldwide license to reproduce, prepare derivative works, distribute copies to the public, perform publicly and display publicly the Image, and to permit others to do so.
4. Warranty Disclaimer. The image is supplied “as is” without warranty of any kind. Berkeley lab, its licensors, the united states, the United States Department of Energy, and their employees: (1) disclaim any warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement, (2) do not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of the image, and (3) do not represent that use of the image would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by its trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or any agency thereof, or The Regents of the University of California.
5. Limitation of Liability. In no event will Berkeley Lab or its licensors be liable for any indirect, incidental, consequential, special or punitive damages of any kind or nature, including but not limited to loss of profits, for any reason whatsoever, whether such liability is asserted on the basis of contract, tort (including negligence or strict liability), or otherwise, even if Berkeley Lab has been warned of the possibility of such loss or damages.
6. Indemnity. You shall indemnify, defend, and hold harmless Berkeley Lab, the U.S. Government, the creators of the Image, sponsors, and their agents, officers, and employees, against any and all claims, suits, losses, damage, costs, fees, and expenses arising out of or in connection with this Agreement. You shall pay all costs incurred by Berkeley Lab in enforcing this provision, including reasonable attorney fees.
7. Term and Termination. The license granted to you under this Agreement will continue perpetually unless terminated by Berkeley Lab in accordance with this Agreement. If you breach any term of this Agreement, and fail to cure such breach within thirty (30) days of the date of written notice, this Agreement shall immediately terminate. Upon any such termination, you shall immediately cease using the Image, return to Berkeley Lab, or destroy, all copies of the Image, and provide Berkeley Lab with written certification of your compliance with the foregoing. Termination shall not relieve you from your obligations arising prior to such termination. Notwithstanding any provision of this Agreement to the contrary, Sections 4 through 9 shall survive termination of this Agreement.
8. Export Controls. You shall observe all applicable United States and foreign laws and regulations (if any) with respect to the export, re-export, diversion or transfer of the Image, related technical data and direct products thereof, including, without limitation, the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations. The export of any technology from the United States, including without limitation the Image and related technical data, may require some form of export control license from the U.S. Government and, pursuant to U.S. laws, and failure to obtain any required export control license may result in criminal liability under U.S. laws.
9. General. This Agreement shall be governed by the laws of the State of California, excluding its rules governing conflicts of laws. No provision in either party's purchase orders, or in any other business forms employed by either party will supersede the terms of this Agreement, and no modification or amendment of this Agreement is binding, unless in writing signed by a duly authorized representative of each party. This Agreement is binding upon and shall inure to the benefit of Berkeley Lab, its successors and assigns. This Agreement represents the entire understanding of the parties, and supersedes all previous communications, written or oral, relating to the subject of this Agreement. If you have any questions concerning this license, contact Lawrence Berkeley National Laboratory, Intellectual Property Management and Technology Transfer, One Cyclotron Road, MS 56A-120, Berkeley, CA 94720, Attn: Licensing Manager or via e-mail at TTD@lbl.gov.
10. FULL USAGE TERMS. This image made be used, displayed, reproduced and included in other works only for non-commercial purposes upon full agreement with this End User License Agreement, and only with full acknowledgment of the copyright rights of The Regents of the University of California and the U.S Government. The copyright notice, “©University of California, Lawrence Berkeley National Laboratory,” must be included in any use, display or reproduction.
By downloading, displaying, using, or copying the Image, and/or clicking the “I Agree” button, you are indicating your acceptance of the terms and conditions herein.
