|
Royalty Free Stock Photos of China LICENSING TERMS & CONDITIONS
END-USER LICENSE AGREEMENT (EULA) This is a legal agreement between you or your company, firm or other organisation ("you") and Mark Amy Photography ("Mark Amy").
Please read this entire agreement carefully before you download or use any image. By confirming the purchase of the Image(s) or downloading the Image(s) you have selected from this website you agree to be bound by the terms of this EULA (the "Agreement") and the Image usage restrictions contained herein.
1. Definitions
"Terms"
Means the terms and conditions set out in this Agreement.
"Mark Amy"
Means Mark Amy Photography.
"Image(s)"
Means the Image(s) you have downloaded.
"Licence"
Means the non-exclusive, non-sublicensable right Mark Amy grants to you to use the Image(s).
"Reproduction"
Includes any form of copying or publication of the whole or part of any Image whether by printing, slide projection or other display (whether or not to an audience), electronic, digital or mechanical means, use as a reference by an artist or in an artist’s illustration or by any other means. Reproduction further includes the copying or distortion or manipulation of the whole or part of any Image (for example, by computer, electronically, digitally by an artist or by any other means), even though the resulting image may not appear to a reasonable person to be derived from the original Image.
"Release"
Means a model or property release or any other release of a third party right or other permission which it is necessary or desirable to obtain in respect of any Image.
"Licence Fee"
Means any sum payable to Mark Amy by you in respect of the Licence.
2. Contracting parties
The parties to this contract are Mark Amy and you.
3. Grant of rights and restrictions
a) Mark Amy grants to you a non-exclusive and non-assignable right to Reproduce the Image(s) on a worldwide and perpetual basis solely as part of the following (or as otherwise agreed in writing by Mark Amy):
- advertising and promotional materials (including packaging);
- online or other electronic distribution systems (including web page design, but subject to clause 3h up to a maximum resolution of 72 dpi;
- broadcasts or theatrical exhibition;
- any products (including for-sale products) or publications (electronic or print), subject to clause 3h; and/or
- materials for personal, non-commercial use and test or sample use, including comps and layouts. Please note, not all of Mark Amy’s Images have Releases. It is your responsibility to check that all necessary Releases have been secured.
b) You may alter, crop, manipulate and create derivative works from the Image(s).
c) The Image(s) may be shared by creating an image library, network configuration or other similar arrangement so long as no more than ten (10) individuals employed by the same entity have access to the Image(s) This is not a "simultaneous users licence", in other words you may not have more than ten (10) specific people access the Image(s) even if only ten (10) people are accessing the Image(s) at any particular time. For the Image(s) to be used by more than ten (10) individuals you must first contact Mark Amy to negotiate an extension of the Licence.
d) If you are an intermediary (for example an advertising agency) you may not sublicense, sell, assign, convey or transfer this Agreement or any of its rights under this Agreement but you may sub-license an Image as part of a derivative work (for example an advertisement) to your clients. Should your clients wish to incorporate the Image in their own work they should contact Mark Amy to purchase a licence.
e) The Image(s) as stored by you must retain the copyright symbol, the name of Mark Amy, the Image(s)’ identification numbers and any other information as may be invisibly embedded in the electronic files containing the original Image(s).
f) The Image(s) may not be distributed by a mobile phone device in a way that would allow any third party to download, extract or access the Image(s) as a standalone file.
g) You must not incorporate Images (or any part of them) into a logo, trade mark or service mark.
h) The Image(s) may not be sublicensed, resold or otherwise made available for downloading, use or distribution separately. For example, the Image(s) may be used as an integral part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by website users. Similarly, your customers may be provided with copies of the Image(s) as an integral part of work product, but may not be provided with the Image(s) or permitted to use the Image(s) separately.
i) If any Image featuring a model is used in (i) a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or (ii) if the depiction of the model in the Image would be unflattering or unduly controversial to a reasonable person, you must accompany each such use with a statement indicating that the person is a model and the Image is being used for illustrative purposes only.
j) You may not use the Image(s) in a pornographic, defamatory, fraudulent, lewd, obscene or otherwise illegal manner, including but not limited to infringing any third party intellectual property or privacy rights, whether directly or in context or by juxtaposition with other materials.
4. Copyright issues
No ownership or copyright in any Image shall pass to you by the issue of the Licence. Unless otherwise agreed in writing, if any Image is reproduced by you for editorial purposes (i.e., for any non-promotional purpose) you must include the credit line "Mark Amy Photography".
5. Indemnity
You agree to indemnify and hold Mark Amy harmless against any claims, damages, losses, expenses or costs, including legal costs, arising in any manner whatsoever from your unauthorised use of any Image supplied to you by Mark Amy, or any other breach by you of any of your obligations under this Agreement.
6. Licence fee
Use of an Image in a manner not specifically authorised under the terms set out in the Invoice or otherwise in the Agreement constitutes a breach of the Agreement and an infringement of copyright.
|
Licensing
