Image Gallery End-User Content License Agreement

Users of the NREL Image Gallery must abide by the terms and conditions set forth in this agreement.

IMPORTANT – PLEASE READ CAREFULLY: This license agreement (“Agreement”) is a legal agreement between you (in your capacity as an individual and—to the extent applicable—as an agent for your company, institution, or other entity) (collectively “you”) and Alliance for Sustainable Energy LLC (“Alliance”), the Department of Energy (“DOE”) contract-operator of the National Renewable Energy Laboratory (“NREL”). By downloading or otherwise copying any image, video, audio, or other collection of data (“Content”) from the NREL Image Gallery, you indicate your acceptance of the terms and conditions of this Agreement. For purposes of this Agreement, “use” means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of.

1. License Grant. Subject to receipt by Alliance of any required approval by the DOE, Alliance grants you, and you hereby accept, a non-exclusive, royalty-free, revocable license to use the Content for any purpose, subject to the following restrictions: (a) You may not use the Content for any pornographic, defamatory, libelous, or otherwise unlawful purpose. (b) You may not use the Content in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself, including (without limitation) stationary items and other paper products, posters, calendars, photobooks, the right to use the Content (e.g., stock photos), and other items for resale, license, or other distribution for profit. (c) You may not offer the Content itself or any rights in or to the Content itself for sale, resale, or trade. (d) Whenever using the Content, you shall provide accurate and complete attribution to NREL/DOE and to the original creator of the Content. You may not falsely represent that you are the owner or original creator of the Content or any work that is made up largely of the Content. (e) All copies of the Content made by you or by a third party on your behalf shall be subject to the terms of this Agreement. (f) Alliance retains the right to terminate this Agreement and/or withdraw its consent to any continued use of the Content at any time, for any reason, and without notice. Alliance expressly retains the right to terminate this Agreement and/or withdraw its consent when the use of the Content does not advance the educational or scientific mission of NREL.
   
   
2. Warranty Disclaimer. The Content is supplied “as is” without warranty of any kind. Alliance, the DOE, the U.S. Government, and their employees: (1) disclaim any warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, (2) do not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of the Content, and (3) do not represent that use of the Content would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by its trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by Alliance, the DOE, the U.S. Government, or any agency thereof.
   
   
3. LIMITATION OF LIABILITY. IN NO EVENT WILL ALLIANCE, THE DOE, OR THE U.S. GOVERNMENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS PROFITS, FOR ANY REASON WHATSOEVER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF ALLIANCE, THE DOE, OR THE U.S. GOVERNMENT HAS BEEN WARNED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
   
   
4. Indemnity. You shall indemnify, defend, and hold harmless Alliance, the DOE, the U.S. Government, the creators of the Content, sponsors, and their agents, officers, and employees, against any and all claims, suits, losses, damages, costs, fees, and expenses arising out of or in connection with this Agreement. You shall pay all costs incurred by the indemnified parties in enforcing this provision, including reasonable attorney fees.
   
   
5. Term and Termination. The license granted to you under this Agreement will continue perpetually unless terminated by Alliance in accordance with this Agreement. If you breach any term of this Agreement, and fail to cure such breach within thirty (30) days of the date of written notice, this Agreement shall immediately terminate. Upon any such termination, you shall immediately cease using the Content, return it, and all copies to Alliance, or destroy all copies of the Content, and provide Alliance with written certification of your compliance with the foregoing. Termination shall not relieve you from your obligations arising prior to such termination. Notwithstanding any provision of this Agreement to the contrary, Sections 2 through 7 shall survive termination of this Agreement.
   
   
6. Export Control. You shall observe all applicable United States and foreign laws and regulations (if any) with respect to the export, re-export, diversion or transfer of the Content, related technical data and direct products thereof, including, without limitation, the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations. The export of any technology from the United States, including, without limitation, the Content and related technical data, may require some form of export control license from the U.S. Government and, pursuant to U.S. laws, failure to obtain any required export control license may result in criminal liability.
   
   
7. General Provisions. (a) This Agreement is personal to you and is not assignable by you without the prior written consent of Alliance. Alliance may assign this Agreement, without notice or consent, to any successor in interest, provided that such entity agrees to be bound by these terms. (b) This Agreement shall be governed by the laws of the State of Colorado, excluding its rules governing conflicts of laws. (c) This Agreement represents the entire understanding of the parties, and supersedes all previous communications, written or oral, relating to the subject of this Agreement. Alliance reserves the right to modify this Agreement without notice, and your continued use of the Content thereafter shall serve as your consent to any such modified terms. Any modifications to this Agreement made by you are not binding unless made in writing, and accepted in writing by both you and Alliance.