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DIGITAL CONTENT LICENSE AGREEMENT
last updated December 22, 2010
for previous Transfer Agreements click here


This Digital Content License Agreement (hereinafter referred to as the "License Agreement"), as amended by Register.com, its parents, subsidiaries, affiliates, successors and assigns (collectively, "Register.com", "us", "we" and/or "our") from time to time, constitutes a legal agreement between (i) you ("Customer", "you" and/or "your") and (ii) Register.com, who is a provider of retail Web hosting, Website building, electronic mail, electronic commerce and domain name services (the "Services"), and along with the Register.com Services Agreement, Acceptable Use Policy and any other additional rules or policies that are or may be published by Register.com from time to time and which are incorporated herein by reference (collectively referred to herein as the "Agreement"), governs your use of Digital Content (as defined further below) provided to you by Register.com in conjunction with the Services.

  1. ACCEPTANCE:

    You agree to carefully read and agree to the terms and conditions of this License Agreement, the Services Agreement, Acceptable Use Policy and all other applicable Register.com terms, conditions, agreements, rules and policies before downloading any Digital Content and further agree to be fully bound thereby.

    You acknowledge and agree that Register.com is not in a position to offer guidance on each individual use of the Digital Content. Please consult independent legal resources in cases where you are uncertain about intended usage. Supplementary rights may need to be acquired in some cases.

    IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU AGREE NOT TO DOWNLOAD THE DIGITAL CONTENT.

  2. LICENSE:

    Through certain Services, you may be provided with objects including their API's as well as images, photographs, templates, animations, video, audio, music, text and "applets", and "online" or electronic documentation (collectively, the "Digital Content").

    You may only use, modify and publish the Digital Content in accordance with the terms and conditions of this Agreement.

    Additionally, any supplemental software code and supporting materials provided to you as part of support services for the Digital Content shall be considered part of the Digital Content and are also subject to the terms and conditions of this Agreement.

    The copyright and all other rights to the Digital Content shall remain with Register.com and our licensors.

  3. PERMITTED USE OF DIGITAL CONTENT:

    In accordance with the Agreement and provided you are not in breach thereof, you may incorporate the Digital Content into your own original work and publish your work in a website provided that:

    • The Digital Content is incorporated for viewing purposes only and no permission is given to download or save the Digital Content for any reason; and
    • You continue to pay for the related Services.

  4. UNAUTHORIZED USES OF DIGITAL CONTENT:

    You may not:

    • Post web pages containing any Digital Content on servers other than those owned or operated by Register.com or our suppliers;
    • Use the Digital Content for any purpose, if you no longer pay for the related Services;
    • Use the Digital Content to create printed or "hard copy" documents;
    • Use the Digital Content in electronic format, on-line or in multimedia applications unless the Digital Content is incorporated for viewing purposes only and no permission is given to download or save the Digital Content for any reason;
    • Use the Digital Content in a Website design whereby the Digital Content is in a format designed or intended for storage or re-use by others;
    • Use or permit the use of the Digital Content or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Digital Content or any part thereof;
    • Use the Digital Content with images of identifiable individuals, products or entities in a manner that suggests their association with or endorsement of any product or service;
    • Create scandalous, obscene, defamatory or immoral works using the Digital Content, nor use the Digital Content for any other purpose which is prohibited by law;
    • Translate, reverse engineer, decompile, or disassemble the Digital Content;
    • Use the Digital Content in any manner that violates the Register.com Services Agreement, Acceptable Use Policy, or any other Register.com agreement, rule or policy;
    • Rent, lease, assign, transfer or redistribute the Digital Content or a copy thereof, to another person or legal entity; or
    • Use the Digital Content or make copies of it except as permitted in this License Agreement.

  5. TERM:

    This License Agreement shall remain in effect only for so long as you (i) are in compliance with the terms and conditions of the Agreement (including this License Agreement, the Services Agreement, Acceptable Use Policy, etc.) ; and (ii) pay for the Service, as provided by Register.com. If you fail to pay for the Services or otherwise violate the terms of the Agreement in any manner whatsoever, Regsiter.com may, in its sole discretion, terminate, modify, suspend or cancel the Services and related licenses and/or access to or use of any Digital Content, without notice to you.

    In the event that Register.com notifies you that certain components of the Digital Content may no longer be used (for whatever reason), then such components cannot be used as part of a Website or template layout, nor can they be used in any other larger work. If you receive such notification, you agree to cease using and destroy all copies of those components of the Digital Content identified by Register.com in your possession or control.

    You further agree, upon termination of the Agreement, to cease using and destroy all copies of the Digital Content in your possession.

  6. U.S. GOVERNMENT RIGHTS:

    With respect to any acquisition of the Digital Content by or for any unit or agency of the United States Government (the "Government"), the Digital Content shall be classified as "commercial computer software," as that term is defined in the applicable provisions of the Federal Acquisition Regulation (the "FAR") and supplements thereto, including the Department of Defense ("DoD") FAR Supplement (the "DFARS"). The Digital Content was developed entirely at private expense, and no part of the Digital Content was first produced in the performance of a Government contract. If the Digital Content is supplied for use by DoD, the Digital Content is delivered subject to the terms of this Agreement and either (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted rights in accordance with DFARS 252-227-7013 (c)(1)(ii)(OCT 1988), as amended or applicable. If the Digital Content is supplied for use by a federal agency other than DoD, the Digital Content is restricted computer software delivered subject to the terms of this Agreement and (i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii) FAR 52.227-14(ALT III), as amended or applicable.