The Jessam Communications Digital Asset License (DAL) focuses on the responsible use of digital resources and avoiding the practices which degrade the brand created by our clients. In addition to the license applied by Jessam Communications Inc., digital assets may also be protected by licensing agreements set forth by their parent companies. It is recommended that you contact the client directly if you have any questions regarding their licensing terms and conditions.

The DAL must be read in entirety to completely understand all Concepts, Definitions, Conditions and Terms Of Use. You agree to access, acquire and use digital assets under the following Digital Asset License:

1. This Agreement

BETWEEN:

1.1 Jessam Communications Inc. and the subscriber who establishes a username and password with this website. A subscriber shall also be responsible for the use of digital assets by any of its subsidiaries, affiliates, partners, suppliers and otherwise clients that directly or indirectly utilize the services provided by Jessam Communications Inc.

2. Definitions

THE FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS:

2.1 In this Agreement, unless the context otherwise requires, the following terms shall have the following meanings:

a. “User Account” & “Customer” shall have the meaning of the person (and associated organization) whom establishes a username and password with Jessam Communications Inc.

b. “Digital Assets” shall be defined as any image, photo, file, font, graphic or concept represented by Jessam Communications Inc. and the Jessam.com website.

c. “Jessam Communications Inc.” & “jessam.com” may be used interchangeably and shall always be construed as the same entity.

3. Grant of License

AND APPOINTMENT AS:

3.1 Jessam Communications Inc. hereby represents that it owns all rights and privileges and that it has obtained the requisite authority, including all copyrights and or is authorized to allow access to acquire and use digital assets from jessam.com under the DAL set forth herein. The copyright is not transferred with the purchase of digital assets and shall remain with Jessam Communications Inc. and its clients.

3.2 Subject to the provisions of this DAL, Jessam Communications Inc. hereby grants the right, privilege and authority to use the digital assets sourced from jessam.com.

4. Headings

HEADING & PARAGRAPH NUMBERS:

4.1 Used throughout this DAL have been inserted for convenience of reference only and shall in no way affect, define, limit or enlarge the scope or meaning of this Agreement or any provision hereof.

5. Gender

SHALL BE DEEMED TO INCLUDE:

5.1 The female gender, corporations and partnerships, and the singular number shall include the plural number, as the case may be, whenever the context so requires.

6. Exclusivity

USAGE RIGHTS WILL NOT BE:

6.1 Granted of an exclusive nature by Jessam Communications Inc. Digital assets found within jessam.com are available nonexclusively and nontransferable for use by all authorized users.

7. Sub-Licensing

NO SUB-LICENSING:

7.1 There shall be no sub-licensing, sharing or making available the digital assets found within jessam.com.

8. Compliance

THE CUSTOMER SHALL COMPLY WITH:

8.1 All applicable statutes, laws, ordinances, regulations, rules or orders of any governmental or other authority within any territory and shall follow all manners of good taste whether legally judged or not when using the digital assets obtain from jessam.com.

9. Goodwill

THE CUSTOMER ACQUIRES NO RIGHT:

9.1 Title or interest in the Trade-Marks and Copyrights and any and all goodwill associated with the digital assets used from jessam.com and shall endure exclusively to the benefit of Jessam Communications Inc. and its clients. Upon the expiration or termination of this DAL, no monetary amount shall be assigned as attributable to any goodwill associated with the customers’ use of the digital assets.

10. Corporate Name

SHALL NOT USE:

10.1 Any of the digital assets as part of the customers corporate or other legal name, or as part of the corporate or other legal name of any person in which the customer has a direct or indirect interest. The customer shall not hold out or otherwise employ the digital assets to perform any activity, or to incur any obligation or indebtedness, in such manner as could reasonably result in making the Jessam Communications Inc. liable therefore.

11. Accompanying Words

SHALL NOT USE:

11.1 The customer shall use the digital assets without any accompanying words or symbols of any nature or kind whatsoever unless otherwise approved in writing by Jessam Communications Inc. or its clients.

12. Trade-Marks

USE OF TRADE-MARKS:

12.1 The customer shall use or display the Trade-Mark and or Copyright symbols as they appear on the digital assets at all times.

13. Fair Use

EXAMPLES OF:

13.1 The customer may, subject to this DAL, access and acquire digital assets from jessam.com and use the digital assets for the following purposes, provided they do not violate the rights of any third party:

a. As part of marketing, advertising or promotional materials, including print ads, mailers, handouts and packaging.

b. As a presentation provided that a reasonably prominent statement is included on the same page as the digital assets as follows, “Images and or photos on this page are copyrighted property of Jessam Communications Inc. and or its clients.”

c. In connection with your business or entity but not part of its identity. For example, décor in an office, lobby or public area, restaurant or retail store but not as a logo, name or other corporate identity documents without prior written consent from Jessam Communications Inc. or its clients.

d. In magazines, newspapers, book covers and interiors of books or as a design element on a website or CD-Rom but not in connection with any website template or software product intended for use by others.

14. Term

THE INITIAL TERM DURATION:

14.1 Of use granted for digital assets from jessam.com, in accordance with the provisions of this DAL and the license herein granted shall be for a period commencing on the date of purchase and terminating on exactly 1 year after. The digital asset will have to be re-purchased from Jessam Communications Inc. if it is to continue use publicly.

15. Infringement

KNOWLEDGE OF INFRINGEMENT:

15.1 In the event the customer has knowledge of any allegation by any person that a patent, trade-mark, trade name, copyright or other industrial, intellectual or proprietary right (whether registered or unregistered) is said to have been infringed by virtue of the use of the digital asset used pursuant to this DAL, then the party so aware shall immediately notify Jessam Communications Inc., followed by a registered letter.

16. Indemnity

BOTH DURING & AFTER:

16.1 It is understood and agreed that the customer shall defend at its sole expense, any suit or legal proceeding brought against the customer based on the claim that the use of the digital asset pursuant to this DAL constitutes an infringement of any existing patent, copyright, trade-mark, trade name, concept or other industrial, intellectual or proprietary right (either registered or unregistered).

16.2 This DAL can not be used to contain or otherwise limit Jessam Communications Inc. actions or remedies in any way with respect to any of the foregoing activities. Jessam Communications Inc. also reserves the right to take any and all additional actions it may deem necessary including without limitation, taking action to recover costs and expenses incurred enforcing this document. In addition, Jessam Communications Inc. reserves at al times al rights and remedies available to it with respect to such activities at law or in equity.

17. Termination

DEFAULT & TERMINATION:

17.1 Jessam Communications Inc. reserves the right to, at its discretion and without notice, disable access to jessam.com and withdraw all rights of use for digital assets obtained by the customer from jessam.com.

18. Governing Law

GOVERNED BY & INTERPRETED

18.1 In accordance with the laws of the Province of Ontario, Canada, the parties hereby submit to the jurisdiction of the Courts of the Province of Ontario, Canada, for any purpose arising out of or in connection with this DAL.

19. Severability

IF ANY PROVISION:

19.1 Of this DAL is wholly or partially invalid, this DAL shall be interpreted as if the invalid provision or part thereof had not been a part hereof so that such invalidity shall not affect the validity of the remainder or prior.

20. Survival

THIS SHALL:

20.1 Continue in full force and effect notwithstanding such termination relating to the rights and obligations of the customer.