7/27/2019 Getty Letter - August 2011

1/8

getty images6 1 North 34th Street, Seattle, W 98103Tel 1-800-972-4170 Fax 206 925 5 1 www.gettyimages.com

August 18, 2 11

Legal DepartmentAmherstburg Audiology Hearing Aids216 Sandwich St SouthAmherstburg, N9V 2A2Canada

Re: Unauthorized Use of Getty Images PhotographReference Number 7145745 - 1108451It has come to our attention that you are using an image (or images) represented by Getty Images for on line promotionalpurposes. We have searched our records and have not found a valid license for the use of the image(s). Attached for yourreference is a copy of the image(s) in question and the usage found on your company's website .As you may know, use of an image without a valid license constitutes copyright infringement under the Canadian Copyright Act,Title 17 U.S.C.A., The United States Copyright Act of 1976, and equivalent laws in other jurisdictions entitling Getty ImagesInternational to seek legal remedies in any appropriate court.The fol lowing action must be taken within 2 days of the date of this letter:If a valid license has been issued for the image(s) and use, please provide license information by emailingLicenseCompliance@qettyimaqes.com. This includes the sa les order or invoice number of the license purchase. If the image(s)was licensed under an alternate company name (dba) or in the name of a third party, such as an advertising agency, pleaseprovide the company name and phone number. The subject line of the email must include your company name and referencenumber as they appear on the attached settlement demand.If you cannot provide proof that the image(s) has been properly licensed, you must cease and desist use of the image(s). Inaddition, payment for the attached demand amount must be received within 21 days of the date of this letter. Ceasing use of theimage(s) does not eliminate liability for payment of fees due. Payment details are included on the demand, and additionalpayment information is provided below.If you desire continued use of the image(s), please contact our Li cense Compliance team at the number listed below. A newlicense must be issued for the image(s) , or use of the image(s) must cease by September 8, 2011 .Please read the attached Frequently Asked Questions for more information related to this matter. If you do not respond within thetimeframe provided, we will presume that you do not intend to do so and will take action accordingly. For questions, or to settlethis matter, please contact LicenseCompliance@gettyimaqes.com or dial 1-800-972-4170. If you believe you have received thisletter in error, please contact us immediately.Getty Images is committed to investigating licensing infractions not only to protect our interests, but also to protect the interests ofthe photographers whom we represent. We are committed to protecting the intellectual property rights and livelihood of the artistswhose work we license. We must enforce our licensing conditions rigorously and feel that your cooperati on regarding this mattershould be promptly forthcoming. This letter is without prejudice to Getty Images' rights and remedies , all of which are expresslyreserved.

Sincerely,License Compliance Team, Getty Images

7/27/2019 Getty Letter - August 2011

2/8

gettyimages6 1 N 34th StSeattle, WA 98103

Settlement DemandReference NoCase No 71457451108451Settlement Demand Date August 18, 2011

UUPWource CodeLegal DepartmentAmherstburg Audiology & Hearing Aids216 Sandwich St SouthAmherstburg , N9V 2A2Canada

Payment terms Due On Receipt

Details . I. 852902-009 (RM) Multi-racial, elderly group, portraitCollection : RiserPhotographer: David Young-WolffUsage: Web - Corporate or promotional sitePlacement: Secondary pageTerritory: Canada

Phone: 1-800-972-4170Email: LicenseCompliance@gettyimages .com

Release Information: This image has a signed model release. Th is image is available for commercialuse.

TotalSubtotal Tax

Notes: This settlement demand does not represent an approval on the part o Getty Images for theunauthorized use or uses o this image identified to date and referenced herein. The payment of thissettlement demand together with your immediate cessation of use o the image (unless you haveseparately licensed this image for future use), including uses by your owners, directors, employees,agents, clients and/or licensees, in any and all media, will release you from any legal claims by GettyImages re la ting solely to this identified past infringement.

Total Due Upon Receipt

Please include remittance with payment

Image price950.00 CAD

950 .00 CAD0.00 CAD

950.00 CAD

7/27/2019 Getty Letter - August 2011

3/8

Remit ToPlease send checks to Payment termsPO Box 84434Seattle,W 98124-5734 SubtotalPhone: 1-800-972-4170Email: LicenseCompliance@gettyimages.com TaxPlease Remit Bank Transfers To TotalBank of AmericaGetty Images InternationalBank Account number : 71 1447168208Bank Code: 24156792Swift Code: BOFACATTAddress : 200 Front Street West 2700 Toronto, ON M5V 3L2Reference No 7145745Case No 1108451Settlement Demand Date August 16, 2011

Due On Receipt$950 00 CAD

0 .00 CAD$950.00 CAD

7/27/2019 Getty Letter - August 2011

4/8

gettyim gesFrequently Asked QuestionsIf you believe that you have received this notification in error, please email us at LicenseCompliance@gettyimages.comor dial 1-800-972-4170. Please be sure to provide the reference number found on your settlement demand, as well asyour name and company contact information.Who is Getty Images?Getty Images represents some of the world s best photographers and filmmakers . Getty Images has contractualagreements with its photographers to represent certain Rights-Ready and Rights-Managed imagery exclusively and tolicense the use of these images to companies all over the world . The images Getty Images provides can be found inmagazines, websites, and billboards, marketing collateral , product packaging and mobile devices, to name only a few.Getty Images, on behalf of itself and its represented photographers and artists, is committed to protecting its imageryfrom unauthorized use.Somebody else created my company s website.Getty Images understands that a third-party designer, former employee, or intern may have been contracted to designand develop your companys website. However, if no licenses from Getty Images exist, the liability of any infringementultimately falls on the company (the end user) who hired that third-party, employee, or intern . Getty Images recommendsthat your company contact the third -party, employee, or intern to see if any licenses from Getty Images surrounding thespecific use of the images in question exist. Please provide an invoice number or sales order number and Getty Imageswill research as appropriate .We have removed the images and now consider this matter closed.Getty Images appreciates the removal of its represented images from your company s website. However, removal of theimages in question solves only part of the issue, s Getty Images will continue to require full payment of the demandpresented to settle the matter and avoid further escalation.We found these images on the Internet or the Getty Images website and thought they were Royalty-Free.Although Royalty-Free images from Getty Images are different from Rights-Ready and Rights-Managed images, alicense must still be purchased for Royalty-Free image use.We didn t know these images were represented by Getty Images and had to be licensed.Unfortunately, despite the fact that your company may not have known , this does not excuse your company sunauthorized use, nor does it relieve you of the obligation to pay the demand to settle Getty Images claim of copyrightinfringement. If no licenses exist, you received the benefit of the images in question on your companys website withoutpermission from Getty Images or its represented photographers . Since the unauthorized use already occurred , paymentfor that benefit is necessary.We purchased these images from a company we found online as part of a web template.As the end user of Getty Images imagery, you are ultimately responsible for ensuring that you have obtained theappropriate rights to use the imagery. That means that if you acquire imagery from a web template provider or othersuch company, you are still liable for copyright infringement if that provider or other such company did not properlylicense the imagery for your use.

7/27/2019 Getty Letter - August 2011

5/8

gettyim ges6 1 North 34th Street Seattle WA 98103 USATel 1-800-972-4170 Fax 206 925 5001 www.gettyimages.com

October 19 11

Legal DepartmentAmherstburg Audiology Hearing Aids216 Sandwich St SouthAmherstburg ON N9V 2A2Canada

Re: Unauthorized Use o Getty Images PhotographReference Number 7145745 - 1108451

You were previously notified of your unauthorized use of imagery represented exclusively by Getty Images. Copies of ourprevious letters are attached for your reference. To date the case has not been resolved and we have not received paymentor any proof of a valid license.As already notified unauthorized use of our images constitutes copyright infringement under Title 17 U.S.C.S. the CopyrightAct of 1976. Please be aware that copyright legislation provides for stri ct liability meaning that you can be found liab le forinfringement regardless of your level of knowledge of the infringement or your intent.Getty Images is willing to offer you one last chance to resolve this claim through payment of the attached settlement demand.Ceasing use of the image does not eliminate liability for payment. Payment details are included on the demand and in theprevious letters attached.Your failure to make payment immediately will result in escalation to our Legal department and the possibility of legalaction being commenced for damages exceeding the amount presently being offered by way o settlement.For questions or to settle this matter please contact licensecompl iance@gettyimages.com or call 1-800-972-4170 . Pleasealso contact us immediately if you believe you have received this letter in error.

SincerelyLicense Compliance TeamGetty Images

7/27/2019 Getty Letter - August 2011

6/8

Report Data:Name:Home Page:

Amherstburg Audiology Hearing Aidshttp://www.ABURGAUDIO.COM/

Contact Details: 216 Sandwich St SouthAmherstburg ON N9V 2A2Phone: 5 19)730-1030Remarks:

Catalog Image No852902-009 Screen Capture

g ttyim g

7/27/2019 Getty Letter - August 2011

7/8

gettyimages'Invoice No .Customer NoInvoice DateSa les Order NoSales Order Da tePurchase Order No.Job or Project TitleOrdered ByClientPromo on

B McKenzieH

1205692715783201 -NOV-111099840401-NOV-11

selfAffmrkt new customer promo

9850 Asgard RdWindsor ON N8R 1E2

Invoice reflects order placed on Gettylmages.com

Line No. Description

Invoice

NLM 852902-009 Mu lti-racial, elderly group, portraitPhotographer/Artist David Young-WolffStart Date 20 11 -01-01Duralmn: Up lo 1 yearEnd Dale 2012-01-01Usage Web - Corporate and promotional siteSize Low reso lution - Up to 180 ;ii 150 pixe lsLocation Secondary page

Bill ToB McKenzieMH9850 Asgard RdW indsor ON N8R 1E2Canada

Getty Images VAT f lax No.Payment TermsTracking umberShipping MethodDa te ShippedShip To ContaclDue Date

IE 9988348JIMMEDIATEo

B McKenzie01-NOV-11

Page 1of1

This order is subject to the terms and conditions agreed lo when theorder was placed. A copy of these license terms is attached to the salesorder confirma tion sent to you when your order was placed_ If you haveany questions about the license terms, please contact your local GettyImages office and reference the website where the order was placed.Phone: 1-800-IMAGERY (1-800-462-4379}.Email: sales@gettyimages.comRegistered Address: Getty Images International, 2nd Floor. Block 4Bracken Business Pa rk Sandyford, Dubl in 18 , Ireland.

Ordered & Shipped Unit Price Ex tended Price357 00 357

lndu sLy D@scription : Medical dental, eyecare. phys ica l therapy, psychological thera pyTerritory Description : CAN

Tax IEVATTax ONHSTTax SBXCODESub Total357.00

gettyima ges 'Remit To

R1gh ls Exclusi11ity: No Ex cluslvity357.00@0357.00@0357. @

Tax0.00

Getty Images InternationalBox B9320P.O. Box 9100. Postal Station FToronto. Ontario M4Y 3A5

Customer No.Invoice NoInvoice DateSa les Order NoSa les Order DatePurchase Orde r No.

7157832120569201 -NOV-111099840401 -NOV-11

Total357 .00 Paid/Credited357.00

Detach Here

Sub TotalShipping

CAD

Due DalePayment Terms

Total Due0.00

01-NOV-1 1IMMEDIATE

357.000.00

Tax 0.00Total 357 .00Le ss Deposi t -357 00To tal Due CAD 0 00

7/27/2019 Getty Letter - August 2011

8/8

gettyimages'601 North 34' Street Seattle. WA 98103 USATel 800.972.4170 Fax 206 925 5001 www.gettyimages.com

November 11 , 2011

VIA MAIL

FOR SETTLEMENT PURPOSES ONLY

Amherstburg Audiology & Hearing Aids216 Sandwich St SouthAmherstburg , ON N9V 2A2

Re 7145745 - 1108451 Amherstburg Audiology Hearing Aids

It has come to our attention that an image license was recently purchased on Getty Images sales order number 10998404. The date ofthis transaction was November 1, 2011 . As you know, Getty Images previously sent notification (dated August 16, 2011) that the image inquestion was being utilized without authorization.Since th e Agreement was entered into after our notice o unauthorized use was received, Getty Images is exercising our right to terminatethis Agreement (per section 11 .1 . The sa les order will be cancel led in the coming days. If a credit card was used for payment, pleaseallow 5-7 business days for the refund to process. Getty Images' position that the unauthorized use that was identified in our notice letterconstitutes copyright infringement remains unchanged and the matter remains unresolved.Getty Images is willing to accept 810.00 as full and final settlement of the demand that was recently presented to Amherstburg Audiology& Hearing Aids . This offer is made conditionally and it will automatically be withdrawn if full payment is not postmarked by November 28,2011. The terms of this settlement offer shall be kept confidential , except as may be required by law. Getty Images expressly reserves allrights and remedies available under copyright law

11.1 Unauthorized Use and Termination. ny use of Licensed Material in a manner not expressly authorized by this Agreementconstitutes copyright infringement, entitling Getty Images to exercise all rights and remedies available to it under copyright laws around theworld. L icensee shall be responsible for any damages resulting from any such copyright infringement, including any claims by a Inaddition and without prejudice to Getty Images other remedies under this Agreement, Getty Images reserves the right to charge andLicensee agrees to pay a fee equal to up t five (5) times Getty Images standard license fee for the unauthorized use of the LicensedMaterial. Ge tty Images reserves the right to terminate this Agreement in the event Licensee: (i) enters the Agreement after having receivednotice of unauthorized use from Getty Images relating to the Licensed Material; (ii) provides inaccurate information regarding its proposeduse of the Licensed Material at the time of entering the Agreement; (iii) fails to pay the License Fee on the due date; or iv) otherwisebreaches the terms of this Agreement. Upon termination, Licensee must immediately (I) stop using the Licensed Material; and (II) destroyor, upon the request of Getty Images, return to Getty Images the Licensed Material and, in the case of termination by Getty Images forcause, the Licensee Work in the possession or control of Licensee.

Jan Davisyright Compliance SpecialistGetty Images License Compliancelicensecom plia nce@gettyimages.comus 800.972.4170