X-Plain Graphics Licensing Terms
1. Agreement Effective Date: The agreement begins when you get the licensed graphics from the Patient Education Institute in Iowa, USA.
2. About PEI and the graphics: PEI has created visual content, which includes photos, illustrations, and diagrams for patient education (graphics). You want to use these graphics.
3. What You're Allowed to Do: After you pay PEI, they allow you to use their graphics for educational materials you make in-house. This permission is not exclusive (PEI can let others use the graphics, too), and you can't transfer this permission to someone else.
4. Who Can Be a Licensee: A licensee can be a hospital, medical center, clinic, physician's office, or other healthcare facility with one physical address.
5. What You're Not Allowed to Do: You can't sell documents with the graphics in them, modify them without PEI's permission, or share them with other locations. If you need to use the graphics in multiple locations, you can buy a license for each location or contact PEI for a site license.
6. Who Owns the Graphics: PEI owns the graphics and the copyrights. You're allowed to use them but don't own them. You agree not to let anyone else use the graphics and protect them from copying.
7. How Long the Agreement Lasts: The license lasts forever. You pay a one-time fee per graphic. Either you or PEI can end the agreement if the other side doesn't follow the agreement and doesn't fix the problem within 30 days of being told about it.
8. How You Pay: Pay to PEI through their online store. The price per graphic is listed there. The graphics will have a small X-Plain logo, but you can ask, for an additional fee, to get graphics without the logo.
9. What Happens If a file Is defective: If a file of a licensed graphic is defective, PEI will replace it at no cost. PEI is not responsible if the file has been changed in any way.
10. No Other Warranties: The agreement only guarantees that PEI will replace defective files. PEI doesn't guarantee anything else, like the graphics being perfect or meeting all your needs.
11. Limitations on Liability: PEI is not responsible for any indirect or consequential damage that arises from using or not being able to use the graphics. If PEI is found to be liable for any reason, it will only have to pay up to the amount you paid for the graphic in question.
12. Disclaimer: The information in the graphics doesn't replace professional medical advice. PEI isn't responsible for any errors, omissions, or consequences from someone using the information in the graphics.
13. Protecting Each Other: Both parties agree to cover any costs related to damages or claims because of not following this agreement or because of their own actions. PEI will also protect you from any claims that the graphics infringe on someone else's rights unless you've changed the graphics after getting permission to do so.
14. Not Giving Up Rights: If one party doesn't enforce a part of the agreement, it doesn't mean they're giving up their right to enforce it later.
15. Validity of the Agreement: The rest still stands if any part of the agreement is invalid or unenforceable. If a part of the agreement can be limited to make it valid, it will be limited.
16. Governing Law: The laws of Iowa govern this agreement. Any legal issues will be handled in Iowa.
17. Giving Notice: Any notices can be given in person, by certified mail, or emailed if the recipient acknowledges receiving it.
18. Changes to the Agreement: The agreement can only be changed if both parties agree in writing.
19. Entire Agreement: This is the complete agreement between the parties. Any other written or spoken agreements are not part of this agreement.
20. Accepting the Agreement: You accept this agreement when you place an order, use the graphics, or pay the fee.
2. About PEI and the graphics: PEI has created visual content, which includes photos, illustrations, and diagrams for patient education (graphics). You want to use these graphics.
3. What You're Allowed to Do: After you pay PEI, they allow you to use their graphics for educational materials you make in-house. This permission is not exclusive (PEI can let others use the graphics, too), and you can't transfer this permission to someone else.
4. Who Can Be a Licensee: A licensee can be a hospital, medical center, clinic, physician's office, or other healthcare facility with one physical address.
5. What You're Not Allowed to Do: You can't sell documents with the graphics in them, modify them without PEI's permission, or share them with other locations. If you need to use the graphics in multiple locations, you can buy a license for each location or contact PEI for a site license.
6. Who Owns the Graphics: PEI owns the graphics and the copyrights. You're allowed to use them but don't own them. You agree not to let anyone else use the graphics and protect them from copying.
7. How Long the Agreement Lasts: The license lasts forever. You pay a one-time fee per graphic. Either you or PEI can end the agreement if the other side doesn't follow the agreement and doesn't fix the problem within 30 days of being told about it.
8. How You Pay: Pay to PEI through their online store. The price per graphic is listed there. The graphics will have a small X-Plain logo, but you can ask, for an additional fee, to get graphics without the logo.
9. What Happens If a file Is defective: If a file of a licensed graphic is defective, PEI will replace it at no cost. PEI is not responsible if the file has been changed in any way.
10. No Other Warranties: The agreement only guarantees that PEI will replace defective files. PEI doesn't guarantee anything else, like the graphics being perfect or meeting all your needs.
11. Limitations on Liability: PEI is not responsible for any indirect or consequential damage that arises from using or not being able to use the graphics. If PEI is found to be liable for any reason, it will only have to pay up to the amount you paid for the graphic in question.
12. Disclaimer: The information in the graphics doesn't replace professional medical advice. PEI isn't responsible for any errors, omissions, or consequences from someone using the information in the graphics.
13. Protecting Each Other: Both parties agree to cover any costs related to damages or claims because of not following this agreement or because of their own actions. PEI will also protect you from any claims that the graphics infringe on someone else's rights unless you've changed the graphics after getting permission to do so.
14. Not Giving Up Rights: If one party doesn't enforce a part of the agreement, it doesn't mean they're giving up their right to enforce it later.
15. Validity of the Agreement: The rest still stands if any part of the agreement is invalid or unenforceable. If a part of the agreement can be limited to make it valid, it will be limited.
16. Governing Law: The laws of Iowa govern this agreement. Any legal issues will be handled in Iowa.
17. Giving Notice: Any notices can be given in person, by certified mail, or emailed if the recipient acknowledges receiving it.
18. Changes to the Agreement: The agreement can only be changed if both parties agree in writing.
19. Entire Agreement: This is the complete agreement between the parties. Any other written or spoken agreements are not part of this agreement.
20. Accepting the Agreement: You accept this agreement when you place an order, use the graphics, or pay the fee.