NOTICE
This End User License Agreement is current as of February 15, 2006 and supersedes any other agreement including any existing agreements on any Blue Pony Digital discs.

BY USING ANY BLUE PONY 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, videos or other audio/visual representations recorded in any format that are owned or controlled by Blue Pony Digital.
"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 Blue Pony Digital.

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.

User License
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

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 on Products for Resale
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.

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.

Credit
When incorporating the Digital Media Files in film features, broadcast productions, or video products, Blue Pony Digital kindly requests a credit line that reads "Blue Pony Digital Media Library".

Marketing and Promotion
Unless Blue Pony Digital receives written notification from you to the contrary, you hereby grant Blue Pony Digital 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 Blue Pony Digital marketing, educational, and promotional purposes as examples of customer usage. At your request, Blue Pony Digital will identify you as the author of such derivative work.

Limitation on Liability
Blue Pony Digital 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. ARTBEAT'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 Blue Pony Digital, 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 Blue Pony Digital in writing, all license rights granted pursuant to this Agreement shall automatically terminate upon your breach of this Agreement.

Warranty
Blue Pony Digital 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 Blue Pony Digital. BLUE PONY DIGITAL 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.

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 Blue Pony Digital.