IMPORTANT! THIS IS TO BE CONSIDERED A LICENSE AND NOT A SALE. THESE TERMS AND CONDITIONS (THE "TERMS AND CONDITIONS") GOVERN YOUR (THE "SUBSCRIBER") USE OF THE LIDO.com SERVICE (THE "LIDO.com SERVICE") AND THE IMAGES AND CONTENT AVAILABLE FROM THE LIDO.com SERVICE, FURNISHED BY LIDO.

Please view the license agreement prior to subscribing to our service.

LICENSES

Your rights to use the images, software and other content available on this Website are subject to the following License. Any watermarked, miniature images you may copy or download from this Website are subject to the Comping License. If you purchase and download any full-size, non-watermarked images from this Website, the Public Image License will apply. Certain Common Terms are applicable to both the Comping License and the Public Image License. Please review the applicable License Agreement contained on this page to know your rights and obligations regarding the images, software and other content you encounter on this Website. (Note that some terms on this page are capitalized. Capitalized terms are used on this page as defined in the Definitions section below).

The Comping License applies to any images or content you may download from this Website at no charge (each such download is defined below as a "Comped Unit"). The Comping License gives you only the limited right to use the Comped Unit as a temporary place-holder in a Display that You are preparing. You may not use any images or content obtained under the Comping License to prepare a final Display or to make any public presentation or performance using those images or content. This is a limited summary of the Comping License; please refer to the full copy of the Comping License below for a complete text of its terms and conditions.

The Public Image License applies to any images or content you download in this Website. You may use the full-size, non-watermarked images or content that you download under the Public Image License (defined below as a "Public Unit") for the purpose of making Displays for use in presentations and the like. Your right to make Displays is limited so that you may not make more than 1,000 copies of any Public Unit. If you need to make more than 1,000 copies, you should download additional Public Units. This is a limited summary of the Public Image License, please refer to the full copy of the Public Image License below for a complete text of its terms and conditions.

The Common Terms are applicable to your rights under the Comping License or the Public Image, as appropriate. You may never display, copy or transmit any Unit (whether a Comped Unit or a Public Unit) onto a website or any Broadcast. Other important restrictions on your rights under both the Comping License and the Public Image License are described more definitely in the full text of the Common Terms below.

1. Legal Agreement. CAREFULLY READ THIS COMPING LICENSE (together with the Common Terms, this "Comping License") BEFORE YOU DOWNLOAD OR USE ANY IMAGES OR CONTENT FROM THIS WEBSITE. This is a legal agreementbetween you and the Company. By copying or downloading any watermarked images on this Website you agree to be bound by this Comping License.

2. License. The license granted under this Comping License is granted solely to You and not to any other person, firm or entity, and is non-transferable. You are obtaining limited rights to use the Comped Units licensed by You subject to the terms of this Comping License.

3. Pricing. There is no charge for Your use of a Comped Unit in accordance with this Agreement.

4. Permitted Uses. The Company grants You a limited license to use each licensed Comped Unit to act as a place-holder in any draft or preliminary design of a Display, prior to the publication or public use or presentation of the Display.

5. Restrictions. You may not make any public use of any Comped Unit and You may not cause any Comped Unit to be presented, in whole or in part, to any public group, gathering or performance.

6. Limited Warranty.

6.1 Any Comped Unit available on this Website is provided by the Company "as is" and without any warranty or representation of any kind. The Company provides Comped Units for licensure under this Comping License at nocharge. Consequently, the Company shall have no liability to You for any damages (including both actual damages, consequential damages and any other kind of damages) caused to You or any other person by any cause whatsoever and regardless of the form of any claim asserted by You.

6.2 The Company does not warrant that any Comped Unit is free from errors and omissions or that the functions contained in any Comped Unit will meet Your requirements. The Company does not recommend, advise or suggest that any physician or other health care provider use any Comped Unit as a resource for diagnostic or educational purposes. The Company does not warrant that the Content meets any particular standard.

1. Legal Agreement. CAREFULLY READ THIS LICENSE (this "Public Image License") BEFORE YOU DOWNLOAD OR USE ANY IMAGES OR CONTENT FROM THIS WEBSITE. This is a legal agreement between You and the Company. [By clicking on the "Agree" button at the bottom of this Page you agree to be bound by the terms and conditions of this Public Image License.]

3. License. The license granted under this Public Image License is granted solely to You and not to any other person, firm or entity. This license is non-transferable. You are obtaining limited rights to use the Public Units licensed by You subject to the terms of this Public Image License.

4. Contractors. If any Public Unit is acquired by an illustrator or other person providing illustration or graphic design services, You may only use such Public Unit to provide illustration services to a person who holds his or her own authorized copy of such Public Unit. You may not use any Public Unit to provide services to any person or firm that does not have his, her or its own licensed copy of such Public Unit. You are responsible for confirming that each customer holds its own licensed copy of any Public Unit before You use such Public Unit to provide services to that customer.

5. Pricing. Your license rights are limited to the maximum number of Public Units indicated in accordance with the pricing level that You chose in the Subscription Form you completed. The Website will not permit You to download more than the maximum number of Public Units You have selected. If You wish to download additional Public Units, You may upgrade Your pricing level through the Subscription Form function on the Website. You must download a Public Unit again as soon as You have created the maximum number of Displays of such Public Unit that are permitted by this Public Image License. (For example, if the maximum number of Displays is 1,000, You must download another copy of the Public Unit as soon as you make your 1,000^th Display for that Public Unit).

6. Permitted Uses. The Company grants You a limited license to use each licensed Public Unit as follows. You may:

1. load a copy of the Public Unit in the memory of one computer for use with that computer by one person at a time;
2. make a copy of the Public Unit for archival purposes only;
3. copy and modify the Content for the purpose of making Displays;
4. make up to one thousand (1,000) Displays of the Public Unit in accordance with this Public Image License;
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5. display the Displays to persons in connection with personal communications, including speeches, presentations, business meetings, educational events, seminars and the like, so long as no Display is Broadcast or utilized as a Broadcast Image; and
6. videotape the Display or presentations involving the Display, so long as such videotape is not copied for commercial distribution, Broadcast or utilized as a Broadcast Image and so long as each copy of such videotape is counted towards the maximum number of Displays permitted by this Agreement.

7. Limited Warranty.

7.1 The Company warrants that each Public Unit will substantially conform to published specifications and to the documentation, provided the Public Unit is used on the computer hardware and with the operating systems for which it was designed. If any Public Unit fails to comply with this limited warranty, the Company will (i) provide an updated or revised copy of the Public Unit, if applicable, (ii) at the Company's option, make a reasonable effort to correct any nonconformities in the Public Unit or (iii) retake possession of the copy of the Public Unit and credit You for such copy in accordance with the pricing level You have selected. You must, however, return all copies of the Public Unit to the Company or its authorized representative within 90 days of the date You received the Public Unit. Any such remedy will satisfy all of Your claims under this limited warranty. This limited warranty shall continue for any replacement Public Unit for the rest of the original 90-day warranty period or for 30 days from the date You receive the replacement, whichever is longer. The Company's liability to You for actual damages for any cause whatsoever, and regardless of the form of the action, will be limited to the money paid by You for the Public Unit at issue.

7.2 The Company does not warrant that any Public Unit is free from all errors and omissions or that the functions contained in any Public Unit will meet Your requirements. The Company does not recommend, advise or suggest that any physician or other health care provider use any Public Unit as a resource for diagnostic or educational purposes. The Company does not warrant the Content meets any particular standard.

The following Common Terms are part of the Comping License and the Public Image License.

1.Definitions. The following definitions apply to the terms as they appear in either License:

• "Subscription Form" means the Subscription Form (containing Your name, address and other identifying information) that You may complete on this Website, indicating the pricing level You select and Your agreement to the Public Image License.

• "Broadcast Image" means any broadcast by television, cable television, satellite television, MMDS television, closed circuit television, SMATV television, publication in a written work (including any book, newspaper, magazine, newsletter or other written publication), presentation on a web page or replication by distribution via e-mail or the Internet or otherwise. "Broadcast" means the action of creating, authorizing, initiating or permitting to exist any Broadcast Image.

• "Content" means the digitally encoded illustrations, pictures, images, exhibits (a graphic including one or more images) text and other materials (other than computer software programming) included in any Unit. Content also includes any modifications to the Content made in accordance with a License.

• "Display" means any visual representation or interpretation of all or any portion of any Public Unit, including, without limitation, a print, photograph, poster, sketch, artist’s rendering or other representation, whether printed on paper or displayed on a computer screen, projection screen or other method of display, but excluding any Broadcast Image.

• "Unit" means either a Comped Unit or a Public Unit. "Comped Unit" means any image, Content or other material that you may copy or download from this Website without purchasing a non watermarked image. "Public Unit" means any image, Content or other material that you may copy or download from this Website pursuant to purchasing an image.

• "Website" means the website You are now viewing.

• "You" and "Your" refer to the single individual user, corporation, partnership, limited liability company or other legal entity that copies or downloads any Unit.

• "License" means either the Comping License or the Public Image License, as applicable in any circumstances.

2. Ownership of Content. The Company or its suppliers retain ownership of (1) each Unit and any copies You make of any Unit or any part of any Unit, (2) the Content, including any modifications to the Content made in accordance with a License, and (3) any intellectual properties related to any Unit or the Content (including any modifications to the Content made in accordance with a License).

3. Restrictions. You may not use any Content or any copy of any Unit to create Broadcast Images and You may never Broadcast any portion of any Unit or any Content. You must cause all copies You make of Content, regardless of the form of such copies, to bear and prominently display the Company's copyright notice in the following form: "Copyright 2001 adam.com, Inc. All Rights Reserved." You hereby grant to the Company the right to review all such copies to verify compliance with this License. You may not use, copy or distribute any Unit, any Content, or the documentation contained on this Website, except as expressly authorized above in the applicable License or as permitted in writing signed by an authorized representative of adam.com, Inc. In addition, You may not (i) reverse engineer, disassemble or decompile any Unit or in any way attempt to discover or reproduce the codes, techniques, formats, concepts, methods, ideas and information contained in or used to create any Unit; (ii) export any Unit or any product thereof to any person or entity in violation of the Comped United States Export Administration Act; (iii) sell the Comped Unit, the Content, or Displays containing or based upon the Content; (iv) make or export copies of the Content, or any portion thereof, (v) utilize any Unit or content as an integral part of any other computer program ; (vi) Share any Comped Unit with other individuals unless a separate License is obtained or (vii) remove or attempt to remove the "watermark" or other electronic safeguards contained within any Comped Unit.

4. Government End Users. The Units and any Content qualify as commercial computer software for purposes of FAR 52.227-19 and DEARS 52.227.7013. Accordingly, if any Unit or Content is acquired by a civilian government agency, it is furnished with only the minimum Restricted Rights provided by FAR 52.227-19. If any Unit or Content is acquired by a military agency, it is furnished with only the minimum Restricted Rights provided by DFARS 52.227-7013(c)(1)(ii). Contractor/manufacturer is adam.com, Inc.

5. Termination. Any License and Your rights to use any Unit under a License terminate automatically if you violate any part of the License. In the event of termination, You must immediately destroy all copies of each Unit and any Content or return all copies of each Unit and any Content to the Company.

6. Limitation on Warranties and Liability. EXCEPT AS SPECIFICALLY SET FORTH IN ANY LICENSE UNDER THE HEADING "Limited Warranty", THE COMPANY AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUCH LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. IN ADDITION, EXCEPT AS SO ALSO SET FORTH, THE COMPANY AND ITS SUPPLIERS WILL IN NO EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, EITHER DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS PROFITS, INCOME OR USE OF DATA. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THUS, LIMITATIONS IN THE LICENSE AND THESE COMMON TERMS MAY NOT APPLY TO YOU.

7. General.

7.1 Nothing in any License or the Website shall be deemed as a certification or endorsement of Displays or other material prepared by You, and You agree not to make any statements or representations to the contrary.

7.2 The computer software and Content described in each License are copyrighted, with all rights reserved.

7.3 Each License will be governed by the law of the State of Georgia, without regard to its choice of laws provisions.

7.4 You submit to the jurisdiction of the state and federal courts in Atlanta, Georgia for the purposes of resolving any dispute arising out of the subject matter of any License.

7.5 If any provision of any License is deemed to be unenforceable as written under applicable law, the parties intend that such provision be modified to the extent, and only to the extent, necessary to make such provision enforceable. In the event any unenforceable provision cannot be modified to make it enforceable, the parties intend that such provision be stricken from the License, with all other provisions remaining in full force and effect.

7.6 The Company will not be liable or responsible for any failure or delay in performance if such failure or delay is caused in whole or in part by causes beyond its complete control, including fire, flood, explosion, war, strike, embargo, government regulation, civil or military authority, act of God, acts or omissions of carriers, transmitters, telephone companies, Internet service providers, Internet backbone providers, vandals or hackers.

7.7 There are no third party beneficiaries of any License.

7.8 Any failure on the part of the Company to exercise any right or remedy under any License will operate as further waiver of such right or remedy in the future or any other right or remedy.

© 2010 A.D.A.M., Inc.
10 10th Steet NE, Suite 500
Atlanta, GA USA 30309