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Any copying, usage and/or distribution is strictly prohibited.

Royalty Free License Agreement

> NOTICE BY USING ANY FARISH MEDIA, INC DIGITAL MEDIA FILES, WHETHER VIA DOWNLOAD, ON CD ROM, DVD OR OTHER MEDIA, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT. Definitions "Digital Media Files" are any images, animations, films, videos or other audio/visual representations recorded in any format that are owned or controlled by Farish Media, Inc.. "Royalty Free" indicates that aside from the purchase price, no further fees or compensation are due regardless of how many times the Digital Media Files are used or how many projects they are used for, provided that they may be used by only a single user in accordance with the terms and conditions of this Agreement. "Restrictions" indicate some of the specific uses for the Digital Media Files that are NOT allowed. Regardless of whether a particular use is listed as a Restriction, any use of Digital Media Files that is not expressly permitted by this Agreement is not allowed. Please note that special licensing to obtain additional rights is available by contacting Farish Media, Inc. Grant Of License You are granted a limited, nonexclusive, personal and nontransferable Royalty Free license to use and modify the Digital Media Files, subject to the terms and conditions below. Single User License The Digital Media Files may only be modified or used on one computer at any one time. You may not rent, lease, lend, sell or sublicense the Digital Media Files to another person, company or other entity. Anything you produce using the Digital Media Files must be for your own use, or for the use of your employer, client or customer, who must be the end-user of your work. This is not a concurrent use license. Please contact Farish Media, Inc. for a multi-seat site license if you need to use the Digital Media Files over a network for multiple users. General Use Grant The Digital Media Files may be incorporated into a derivative work such as a film feature, video, broadcast, multimedia work, advertisement, live performance, internet website, presentation or print project. Restrictions The Digital Media Files and any derivative work thereof may not, in whole or in part, be used, sold, sublicensed, reproduced, distributed, displayed, incorporated into or otherwise made available as templates, standalone backgrounds, stock elements, effects imagery elements or downloadable files. The Digital Media Files and any derivative work thereof may not, in whole or in part, be included in any other clip media/stock product, library, collection, or set of clips for distribution or resale. These Restrictions apply even if the Digital Media Files have been significantly altered. If Digital Media Files are used in a project that will be reproduced, sold, given away, distributed, or broadcast (including internet broadcast sites such as YouTube) the Digital Media Files may not comprise more than 25% of the length of the finished work, even if the Digital Media Files are layered with other graphics, nor may the primary value of the project come from the Digital Media Files. The Digital Media Files are strictly prohibited from being used as screen savers. Additionally, you agree to notify Farish Media, Inc. in writing and take all steps possible to prevent any third party from duplicating or distributing any of the Digital Media Files included in the finished work. Please note that special licensing to obtain additional rights is available by contacting Farish Media, Inc.. No Defamatory Use The Digital Media Files may not under any circumstances be used in a way that would defame, malign, slander, asperse, libel, or vilify the persons, property, countries, races, customs, cultures, religions, governments or military visible on the Digital Media Files. Other Restrictions The Digital Media Files may not under any circumstances be used in or in conjunction with, or as part of pornographic, obscene, fraudulent, libelous, infringing or illegal material. All low-resolution versions of the Digital Media Files are not licensed for broadcast. Credit When incorporating the Digital Media Files in film features, broadcast productions, or video products, Farish Media, Inc. kindly requests a credit line that reads "Farish Media, Inc. Digital Film Library". Marketing and Promotion Unless Farish Media, Inc. receives written notification from you to the contrary, you hereby grant Farish Media, Inc. the right to display any derivative works within your possession or control that incorporate one or more of the Digital Media Files at tradeshows, in collateral, and/or via electronic distribution for Farish Media, Inc. marketing, educational, and promotional purposes as examples of customer usage. At your request, Farish Media, Inc. will identify you as the author of such derivative work. Ownership All right, title and interest in the Digital Media Files, including any updates or revisions thereto, is and shall remain the exclusive property of Farish Media, Inc., its licensors and their successors and assigns. Other than the limited license explicitly set forth in this Agreement, no interest in, or rights or licenses to the Digital Media Files are granted to you and no interest in, or rights or licenses to the Digital Media Files shall inure in or accrue to you, whether by implication, estoppel or otherwise. All rights of any kind in the Digital Media Files which are not expressly granted in this Agreement are entirely and exclusively reserved to and by Farish Media, Inc., its licensors and their successors and assigns. Limitation on Liability Farish Media, Inc. will not be liable to you for any special, indirect, consequential, punitive, or incidental damages (including, without limitation, damages for loss of profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Digital Media Files. FARISH MEDIA INC.'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PARTICULAR DIGITAL MEDIA FILES. Your rights may vary from state to state. Indemnity You agree to indemnify and hold Farish Media, Inc., its licensors, and their officers, directors, agents and employees, harmless from and against any claims, demands, losses, damages, liabilities or expenses of any kind arising from your use of the Digital Media Files in any form, any breach of the terms and conditions of this Agreement, or your negligent act, omission or willful misconduct. Term and Termination This Agreement shall be effective as of the earliest of the date you first break the seal on a disc containing, or download, install or use, the Digital Media Files and shall continue in effect until terminated. Unless expressly waived by Farish Media, Inc. in writing, all license rights granted pursuant to this Agreement shall automatically terminate upon your breach of this Agreement. Your rights under this Agreement shall immediately terminate upon your cessation of business, insolvency, assignment of assets for the benefit of creditors, bankruptcy or appointment of a trustee for all or a portion of your assets. Upon termination of this Agreement for any reason, you shall immediately cease all use of the Digital Media Files in any form and immediately return or destroy all copies of the Digital Media Files in your possession or control. Any provisions in this Agreement that by their sense and context are intended to survive the termination of this Agreement shall survive such termination. Any cause of action that Farish Media, Inc. may have against you for breach of this Agreement prior to the date of termination shall survive such termination. Warranty Farish Media, Inc. warrants the Digital Media Files to be free from defects in material and workmanship for 90 days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of the Digital Media Files, applicable media or a refund of the purchase price, at the option of Farish Media, Inc.. Farish Media, Inc. MAKES NO OTHER WARRANTIES OR REPRESENTATIONS WITH REGARD TO THE DIGITAL MEDIA FILES AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT ARE HEREBY DISCLAIMED. Severability If any term or provision of this Agreement shall to any extent be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. Each term and provision of the Agreement shall be valid and enforced to the fullest extent permitted by law. Applicable Law; Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii, USA, without regard to Hawaii conflict of laws principles. The parties agree that any claim asserted in any legal proceeding by one party against the other shall be commenced and maintained exclusively in a state or federal court located within Hawaii County, Hawaii, having subject matter jurisdiction with respect to the dispute between the parties (except that a judgment by such courts may be enforced by any court). Both parties hereby submit to the jurisdiction of such courts over each of them personally in connection with such litigation, and waive any objection to venue in such courts and any claim that such forum is an inconvenient forum. Injunctive and Other Equitable Relief You agree that the remedy at law for any breach or threatened breach of this Agreement by you would, by its nature, be inadequate, and that in such case Farish Media, Inc. will be entitled, in addition to damages, to a restraining order, temporary and permanent injunctive relief, specific performance and other appropriate equitable relief, without showing or providing that any monetary damage has been sustained. Assignment You may not assign or otherwise transfer this Agreement or any rights hereunder without the prior written consent of Farish Media, Inc. A transfer of controlling interest in any entity shall constitute an assignment. Entire Agreement This is the entire agreement between the parties with regard to the subject matter hereof. It supersedes all prior or contemporaneous agreements, understandings, or representations with respect to the Digital Media Files. This Agreement may not be modified or amended except in a writing signed by both parties. Any preprinted terms on your purchase order shall be given no force or effect and no terms of a purchase order that conflict with this Agreement shall be binding on Farish Media, Inc.

Privacy Policy

> Your privacy is very important to Farish Media, Inc. The address and billing information we collect as part of our register/purchase process is used to process your order. We will not sell your information to a third party. We reserve the right to contact registered users with information regarding the hawaiistockvideo.com website.

Searching

> We have endeavored to create an easy to search database for our growing collection of images. As you can see there are numerous categories to browse. You can also enter keywords in the search box to narrow your choices. We have embedded keywords into all the image collections to respond to more selected searches. The scope of your search results will be determined by your selection of keywords.

> Quick Search - By default the system uses "Match at least one keyword" for the quick search function. If you input "beautiful sunset" (without the quotes) into the quick search field, then the search function will return results for any media that contain either "beautiful" OR "sunset" in its properties.

The system supports the "AND" and NOT" operands in the quick search function by the use of the plus sign (+) and minus sign (-) respectively in front of the keywords.

• If you input "beautiful +sunset" (without the quotes) into the search field, the system will only return results for any media that contain both keywords "beautiful" AND "sunset" in its properties.

• If you input "beautiful "sunset" (without the quotes) into the search field, the system will return results for any media that contain the keyword "beautiful", but this media can't contain the keyword "sunset" in its properties.

• Note: There must not any spaces between the second keyword and the input operands (+), (-) keywords.

> Advanced Search  - The advanced search function doesn"t use the same algorithms as above. It offers options allowing you to choose which operand you want to use for your searches.

There are three options available.

• Match at least one keyword
  The system will return results for any media that contain either one of the input keywords in its properties.

• Match all keywords
  The system will only return results for any media that contain all input keywords in its properties.

• Match exact phrase
  The system will only return results for any media that contains the exact input keyword phrase in its properties.
   

Payment Method

> You will need to tell our shopping cart which payment method you would like to use to pay for your purchases. By default the payment method is PPP (pay per purchase).  Using this payment method you will need to pay during the checkout process. If other payment methods are available (e.g. Subscription or Package) you can select another payment method in the Payment Method drop down menu. You need to purchase these options before you are able use them. They can be purchased through the Products page.
 

Products

> We are offering no special products at this time.

Favorites

> "Favorites" is YOUR collection of images. You may add up to 30 images to your Favorites page. If you wish to purchase an image that is in your Favorites page, click on the thumbnail to view the enlarged image. Select the items that you want to purchase and click on the "add to cart" button.
 

Shopping Cart

> The shopping cart displays your order details, if you wish to delete an image from your order before proceeding to checkout, simply hit the remove link on the right side.
 

Checking Out

> Due to the fact that each customer is able to preview all clips in their entirety prior to downloading, we do not offer a return / exchange / refund policy. All sales are final. If you have trouble and are unable to download your clip once you've completed your purchase please contact us by email at farishmedia@hawaii.rr.com or call 1-808-329-1655 with your order #, user ID and clip ID and we will enable you to re-download the same clip at no additional charge.

> You will need to login to checkout your order. If you are new to the site please complete the registration form to create a username and password. This information is stored, so that you can return to the site to make future purchases and so that we can review your orders.

> We utilize PayPal Merchant Services for purchases made on this site.

> If you do not want to use our online ordering system, we are available to take phone orders from 8AM to 5PM Hawaii Standard Time time, Monday through Friday. To order by phone please call: (808) 329-1655.