Common use of Digital Content Clause in Contracts

Digital Content. (a) Customer may use, modify and publish the “Digital Content” (meaning the images, photographs, templates, animations, video, audio, music, text and “applets”, owned by Staples or its licensors, and provided to Customer by Staples) in accordance with the Agreement, including by incorporating the Digital Content into original work and publishing such work on a website, provided that such Digital Content is incorporated for viewing purposes only, no permission is given to download or save the Digital Content for any reason and the applicable Fees have been fully paid by Customer. (b) Customer may not, at any time: (i) post website containing the Digital Content on servers other than those owned or operated by Staples and its third party providers and licensors; (ii) use the Digital Content for any purposes, if Customer is no longer paying the Fees; (iii) use the Digital Content to create printed or hard copy documents or make copies of it except if permitted in the Agreement, or in website design whereby the Digital Content is in a format designed or intended for storage or re-use by others; (iv) 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; (v) use or permit the use of the Digital Content or any part thereof as a trademark or service ▇▇▇▇, or with images of identifiable individuals, products or entities in a manner that suggests their association with or endorsement of any product or services, or claim any proprietary rights of any sort in the Digital Content or any part thereof; (vi) use the Digital Content to create scandalous, obscene, defamatory or immoral works, or for any purpose which is prohibited by law; (vii) translate, reverse engineer, decompile, or disassemble the Digital Content, or rent, lease, assign, transfer or redistribute the Digital Content or a copy thereof, to another person or legal entity. (c) All ownership rights, including copyright and all other rights, to the Digital Content shall remain with Staples and its licensors and third party providers. (d) Staples may cease providing certain components of the Digital Content (“Discontinued Component”) from time to time, and Staples shall notify Customer that the Discontinued Component may no longer be used as part of a website design, template layout or larger work. (e) Any rights granted by Staples with respect to works created by Customer that embody the Digital Content, and existing at the time of the notice of Discontinued Component shall survive, except that Customer shall not use the Discontinued Component as part of a material change to a website design or template, or as part of any larger work. (f) Customer shall and does hereby indemnify Staples, Staples‟ licensors, third party providers, suppliers and affiliates against any losses, expenses, costs or damages incurred by any or all of them as a result of Customer‟s breach of these terms and conditions, or Customer‟s unauthorized use of the Digital Content and related rights.