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Royalty Free licence agreement.
This is a legal agreement between licensee, purchaser (if any) and FG Photography. This agreement applies to licenses issued via the web and is applicable to online, digital and analogue (phisical) delivery of licensed material.
Grant of Rights.
FG Photography grants to Licensee a perpetual, non-exclusive, non-transferable, non-sublicensable, worldwide right to Reproduce the Licensed Material identified in the Invoice and/or in any written communication accompanying the Licensed Material, an unlimited number of times in any and all media for all purposes other than those uses prohibited in the following section (Restrictions).
Licensee may have the Licensed Material Reproduced by subcontractors of Licensee for preparation of a final product, provided that such subcontractors agree to abide by the provisions of this Agreement.
Restrictions.
Licensee may not sublicense, sell, assign, convey or transfer this Agreement or any of its rights under this Agreement.
Licensee may not: (i) make the Licensed Material available (separate from the end product into which it is incorporated) in any medium accessible by persons other than authorized Users; (ii) sell, license or distribute any end product containing the Licensed Material in a way that is intended to allow or invite a third party to download, extract or access the Licensed Material as a standalone file; (iii) include the Licensed Material in an electronic template intended to be Reproduced by third parties on electronic or printed products; or (iv) use or display the Licensed Material on websites or in any other medium designed to induce or involving the sale, license or other distribution of "on demand" products, including, without limitation, postcards, mugs, t-shirts, calendars, posters and other items.
Licensed Material shall not be incorporated into a logo, trademark or service mark.
Licensed Material may not be modified, reconfigured or repurposed for use in any mobile-directed web sites or mobile applications that are specifically created for viewing of Licensed Material on mobile devices, without obtaining the prior written consent of FG Photography.
Pornographic, defamatory or otherwise unlawful use of Licensed Material is strictly prohibited, whether directly or in context or juxtaposition with specific subject matter.
If the Licensed Material is Reproduced in an editorial manner, Licensee must include the following credit adjacent to the Licensed Material: "[Photographer's name]/[Collection Name]/fgstockphoto" .
Where Purchaser is licensing Licensed Material on behalf of a Licensee, Purchaser hereby represents and warrants that: (i) Purchaser is authorized to act as an agent on behalf of Licensee and has full power and authority to bind Licensee to this Agreement; and (ii) if Licensee disputes Purchaser's power and authority to act on behalf of Licensee with respect to this Agreement, Purchaser shall be bound and liable for any failure of Licensee to comply with the terms of this Agreement. Nothing shall serve to excuse Purchaser's obligation to make payment to FG Stockphoto for the Licensed Material.
Copyright.
No ownership or copyright in any Licensed Material shall pass to Licensee by the issuance of the license contained in this Agreement. Except as expressly stated in this Agreement, FG Photography grants Licensee no right or license, express or implied, to the Licensed Material.
Condition of Licensed Material. Licensee should examine all Licensed Material for possible defects (whether digital or otherwise) before sending any Licensed Material for Reproduction. FG Photography shall not be liable for any loss or damage suffered by Licensee or any third party, whether directly or indirectly, arising from any alleged or actual defect in any Licensed Material or its caption or in any way from its Reproduction.
Photo Credit. If the Licensed Material is reproduced in an editorial manner, Licensee must include the following credit line adjacent to the Licensed Material: "[Photographer's Name]/[Special Collection Reference, if any]/FG Stockphoto". If Licensee omits the credit, an additional fee in an amount up to one hundred percent (100%) of the original invoiced amount attributable to the Licensed Material may be payable by Licensee, at FG Stockphoto' sole discretion. The foregoing fee shall be in addition to any other rights or remedies that FG Stockphoto may have at law or in equity.
Termination and Revocation.
The license contained in this Agreement will terminate automatically without notice from FG Photography if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately (i) stop using the Licensed Material; (ii) destroy or, upon the request of , FG Photography return the Licensed Material to FG Photography; and (iii) delete and remove the Licensed Material from Licensee's premises, computer systems and storage (electronic or physical).
Governing Law.
This Agreement will be governed in all respects by the Italian Law.
Severability. If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
Waiver. No action of either party, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of either party in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by either party of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion.
Rights managed licence agreement.
This is a legal agreement between licensee, purchaser (if any) and FG Photography. This agreement applies to licenses issued via the web and is applicable to online, digital and analogue (phisical) delivery of licensed material.
Grant of Rights & Restrictions.
FG Photography grants to Licensee a non-exclusive, non-sublicensable and non-assignable right to use and Reproduce the licensed Material identified in the invoice or in any other written communication accompanying the licensed material, solely to the extent explicitly stated in this Agreement. This right may be exercised by subcontractors of Licensee (including Purchaser) for preparation of the final product for the licensed use, provided that such subcontractors agree to abide by the terms of this Agreement.
Use of the Licensed Material is strictly limited to the use, medium, period of time, print run, placement, size of Licensed Material, territory and any other restrictions specified in the invoice or in any other written communication accompanying the licensed material. Licensee may utilize the Licensed Material in any production process that may be necessary for the intended use specified in the invoice or in any other written communication accompanying the licensed material.
Pornographic, defamatory or otherwise unlawful use of Licensed Material is strictly prohibited, whether directly or in context or juxtaposition with specific subject matter.
Licensed Material shall not be incorporated into a logo, trademark or service mark.
Licensee may not make the Licensed Material available in any medium in a manner intended to allow or invite persons to download or extract the Licensed Material.
Licensed Material may not be modified, reconfigured or repurposed for use in any mobile-directed web sites or mobile applications that are specifically created for viewing of Licensed Material on mobile devices, without obtaining the prior written consent of FG Photography.
Where Purchaser is licensing Licensed Material on behalf of a Licensee, Purchaser hereby represents and warrants that: (i) Purchaser is authorized to act as an agent on behalf of Licensee and has full power and authority to bind Licensee to this Agreement; and (ii) if Licensee disputes Purchaser's power and authority to act on behalf of Licensee with respect to this Agreement, Purchaser shall be bound and liable for any failure of Licensee to comply with the terms of this Agreement. Nothing shall serve to excuse Purchaser's obligation to make payment to FG Photography for the Licensed Material.
Copyright.
No ownership or copyright in any Licensed Material shall pass to Licensee by the issuance of the license contained in this Agreement. Except as expressly stated in this Agreement, FG Photography grants Licensee no right or license, express or implied, to the Licensed Material.
Photo Credit. Licensed Material must include the following credit line adjacent to the Licensed Material: "[Photographer's Name]/[Special Collection Reference, if any]/FG Stockphoto". If Licensee omits the credit, an additional fee in an amount up to one hundred percent (100%) of the original invoiced amount attributable to the Licensed Material may be payable by Licensee, at FG Stockphoto' sole discretion. The foregoing fee shall be in addition to any other rights or remedies that FG Stockphoto may have at law or in equity.
Notice of Violations. Licensee will immediately notify FG Stockphoto if it becomes aware or suspects that any third party that has gained access to the Licensed Material through Licensee is wrongfully using the Licensed Material, in whole or in part, or is violating any FG Stockphoto's intellectual property rights, including, but not limited to, Marks and copyrights.
Condition of Licensed Material. Licensee should examine all Licensed Material for possible defects (whether digital or otherwise) before sending any Licensed Material for Reproduction. FG Photography shall not be liable for any loss or damage suffered by Licensee or any third party, whether directly or indirectly, arising from any alleged or actual defect in any Licensed Material or its caption or in any way from its Reproduction.
Termination and Revocation. The license contained in this Agreement will terminate automatically without notice from FG Photography if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately (i) stop using the Licensed Material; (ii) destroy or, upon the request of , FG Photography return the Licensed Material to FG Photography; and (iii) delete and remove the Licensed Material from Licensee's premises, computer systems and storage (electronic or physical).
Governing Law. This Agreement will be governed in all respects by the Italian Law.
Severability. If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
Waiver. No action of either party, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of either party in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by either party of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion.
Entire Agreement. This Agreement contains all the terms of the license agreement and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of both parties. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other communication sent by Licensee, the terms of this Agreement shall govern.
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