Yearbook Publisher Image License Agreement

NO TOUCH® DIGITAL PORTRAITS BY LIFETOUCH

YEARBOOK IMAGES LICENSE AGREEMENT

THIS IS AN AGREEMENT BETWEEN USER AND LIFETOUCH NATIONAL SCHOOL STUDIOS INC. OR LIFETOUCH

CANADA, AS APPLICABLE (“LIFETOUCH”). BY OPENING THE COMPACT DISK PACKAGE OR ACCESSING

IMAGES ONLINE, USER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF USER DOES NOT

AGREE, PROMPTLY LEAVE THE WEBSITE OR IF DELIVERED VIA DISK, RETURN THE UNOPENED PACKAGE TO

LIFETOUCH AT THE ADDRESS BELOW.

GRANT OF LICENSE. This is a license agreement and not an agreement for sale. Lifetouch grants to the School, its

internal yearbook staff or a single yearbook publisher/printer directed by the School (“User”), the nonexclusive right to use the

images and text file (called “Product”) and any derivatives or copies solely for the Permitted Use stated below. This Product is

PERMITTED USE. The only permitted use for the Product is to create the class sections of the School’s traditional, hard

copy paper yearbook or read-only electronic school yearbook product, for the school year in which the Product is dated, subject

to the terms and conditions of this License.

RESTRICTIONS. User will treat the Product as confidential and except as permitted by this License, will not use the Product

for any purpose other than the Permitted Use, including without limitation other school or school-related commercial,

promotional or other purposes. For example, but not in limitation, the Product may not be used on the Internet, in alumni

yearbooks, for other multimedia products such as DVDs, e-books, personalized memory books, incorporated in any other

products for sale, (in sections other than class or candid page sections of the School’s traditional, hard copy paper yearbook or

class or candid page sections of a read-only electronic school yearbook product), or to provide any other portraits or portrait

products, such as announcements, greeting cards or other stationery products. Except in connection with the Permitted Use,

the Product may not be copied, reproduced, sublicensed or transferred in whole or in part or in any manner nor altered, merged,

manipulated, modified, translated, adapted, disassembled, decompiled or reverse engineered in any way. The Product may not

be associated with a function, utility or software that permits printing or manipulating.

TERMINATION OF LICENSE. This license will terminate if User fails to comply with any of the terms of the License

Agreement. Upon termination, User must erase all images and text file from all computer systems, cease access to website

hosting Product and if the Product is delivered by disk, destroy the Product.

SECURITY OF PRODUCT. User acknowledges and agrees that the Product contains proprietary images and text and may

contain personally identifiable information subject to privacy laws that User will maintain under secure conditions, with

limited, restricted access. After delivery of the Product and/or online access codes to the School, User is responsible for the

Product, contents, security, possession and use thereof and of the access codes and agrees to indemnify and hold harmless

Lifetouch and its affiliated companies, officers, employees, agents and assigns from any claims or damages relating to use or

misuse of the Product or Product contents.

TECHNICAL SUPPORT. Use of the Product requires an understanding of technology and desktop publishing. User

acknowledges and agrees that Lifetouch provides no technical support for the Product.

WARRANTIES. THE NO TOUCH CD IS WARRANTED TO BE IN GOOD CONDITION AT THE TIME OF DELIVERY,

THE DISK CAPABLE OF BEING ACCESSED IN A COMPUTER PROPERLY EQUIPPED AND MEETING THE DIGITAL

DIECUT SPECIFICATIONS. IN ALL OTHER RESPECTS, THE PRODUCT, NO TOUCH IMAGES, TEXT, SOFTWARE,

DOCUMENTATION AND DATA ARE TRANSFERRED OR DELIVERED “AS IS” WITHOUT ANY WARRANTY OR

REPRESENTATION WITH RESPECT THERETO, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO

ABILITY TO ACCESS THE PRODUCT, WARRANTIES OF ACCURACY OF DATA, QUALITY, PERFORMANCE,

MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IF THE NO TOUCH CD IS FOUND TO BE

DEFECTIVE UNDER THE ABOVE WARRANTY, LIFETOUCH WILL REPLACE IT UPON RECEIPT OF THE DEFECTIVE

DISK OR IF NOT FEASIBLE IN LIFETOUCH’S REASONABLE DISCRETION, DELIVER TRADITIONAL DIECUTS. IN NO

EVENT WILL LIFETOUCH BE LIABLE FOR LOST PROFITS, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR

CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE NO TOUCH CD, THE

IMAGES, TEXT, DATA OR DOCUMENTS, OR FOR IMAGE QUALITY, INACCURATE TEXT TECHNICAL PROBLEMS,

USE OR MISUSE OF THE IMAGES, EVEN IF LIFETOUCH KNEW OF THE POSSIBILITY OF SUCH DAMAGES.

THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR

WRITTEN, EXPRESS OR IMPLIED.

GENERAL. Lifetouch retains all rights not expressly granted. Nothing in this License Agreement constitutes a waiver of

Lifetouch’s rights under the U.S. or international patent and copyright laws or any federal, state or provincial law. This License

Agreement shall be governed and construed under the laws of the state of Minnesota for U.S.-based customers, or under the

province of Manitoba for Canadian customers.

QUESTIONS. Call 1-800-598-2466 or write to Lifetouch National School Studios Inc., 11000 Viking Drive, Eden Prairie,

Minnesota 55344, Attention: Digital Imaging Product Manager. Canadian customers should direct correspondence or returns to

Lifetouch Canada Inc., 1410 Mountain Ave. Suite 1, Winnipeg, Manitoba R2X 0A4.