Microsoft clipart/images EULA question

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Microsoft provide media and clipart for free use, like image libraries etc. Check it out here. I have an EULA question as I'm doing a website for a small business and they need a few images for their pages. It mainly looks like you are free to do what you want with the images, except for one thing:

Microsoft said:
* You may not license or distribute any of the Media Elements that include representations of identifiable individuals, governments, logos, initials, emblems, trademarks, or entities for any commercial purposes or to express or imply any endorsement or association with any product, service, entity, or activity.

So does this bit mean I can't use it on a business website because the website is basically advertising a service at the end of the day? Or does it mean I can't endorse the service directly with the image?
 
If you want a definite answer the only thing to do is to ask Microsoft themselves - however the bit you've quoted sounds like it only applies to those images that include "include representations of identifiable individuals, governments, logos, initials, emblems, trademarks, or entities". Using one of these on a commerical website would probably be seen as showing that that identity endorses your buisness (e.g. an organisation's flag), so wouldn't be allowed. If you used such an image in a "here is the amnesty international flag" sense you would be fine. That section of the EULA doesn't seem to apply to those images that don't include the representations mentioned.

Having looked briefly at the whole EULA, it seems that you can probably use any of the images on a commercial website just about freely (obviously taking into account not selling the images for profit, etc), it's just a little restriction on the minority of images that represent a recognisable entity.
 
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Jonny69 said:
So does this bit mean I can't use it on a business website because the website is basically advertising a service at the end of the day? Or does it mean I can't endorse the service directly with the image?

I think it means that the image cannot be directly associated with a particular company. i.e. have it in a logo. But if its just a clip on a general page on a company website, it should be fine.

Burnsy
 
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