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IT, web, Internet, software, hardware, media, multimedia, photography, tech, information, technology, computer, business, company, pre-written, legal, contract, agreement, documents, templates, boilerplate, form, outline, text, terms, recitals photo, photographer end, user, license RIGHTS MANAGED STOCK PHOTOGRAPHY EULA THIS END USER LICENSE AGREEMENT EULA made this CurrentDay day CurrentMonth CurrentYear and between Company Licensee doing business Domain and CustCompany Customer Definitions Content Stock photography images provided Customer Licensee Content Metadata Information attached Content including camera information locations creation dates captions and keywords Customer The individual person company who paid licensee fees for Content Model Any recognizable person the Content regardless they were professional model not Photographer The individual company who owns the copyright specific licensed image Usage Authorization Authorization Licensee for use Content for specified purpose when required the licensing agreement Download Access Time The period time which the Content shall made available Customer for downloading under the licensing Agreement Agreements consideration the mutual covenants set forth this Agreement Customer and Licensee hereby agree follows Services Licensee agrees render Services Customer follows Access download licensed Content for period days one week from purchase Customer shall responsible for making any backup copy any downloaded Content Licensee not responsible for providing future access downloads licensed Content after the download access time has expired Grant license use Content outlined this Agreement for which license fee has been paid full Customer Access Rights Customer has temporary access rights download Content from Licensee upon payment license fees Customer may not allow any third party parties whether through intent accident use access rights Content any time Information transmitted Customer Licensee such download information locations URLs login ids and passwords shall not disclosed posted shared otherwise made available the public any format Ownership Rights Licensee and original photographers shall retain all copyrights Content provided Customer including copyrights derivative works Licensee has the rights issue licensee Content for fee Customer Customer does not acquire any ownership rights the Content the Content after modification into derivative work Usage Rights Customer granted non exclusive non transferable license use the Content per the terms this Agreement Customer allowed share Content needed complete production authorized usage such transmitting Content separators printers and graphic designers working the Customer project Content transmitted authorized third parties may not used any other manner third parties RIGHTS MANAGED Customer granted single use worldwide license for use the Content Content may used one time for one specific purpose Any additional uses require additional license fees Insert usage Content Customer must provide exact details where how and what context the Content will used Customer must provide enough details narrow the usage down known quantity GENERAL TERMS Customer MUST Include photographer copyright connection with the use the image For example magazines typically include the photographer name the edge the image book publishers typically include photographer credits the forward appendix Photographer copyright statement should displayed Photo Credits Credits not possible include photographer copyright Permission Waiver must granted the photographer Digital use Content requires URL hyperlink the Photographer URL Domain the usage credits Examples include but are not limited Content used web site multimedia ROM DVD software product Include statement that Content used for illustration purposes only when using Content showing recognizable person when such Content used endorse product service may unflattering that person any way Customer responsibility such cases determine suitability the image and consequences use and obtain written permission unsure that Content should used such manner Customer may use Content for the following purposes which not violate any other terms below design element for educational purposes Examples include teaching materials and reports design element for editorial purposes Examples include magazines newspapers and reviews design element for commercial purposes Examples include product packaging web site illustration books promotional materials advertising business identity video games etc Single photo print use for cor Customer may NOT Violate the rights any other party Violate any terms this agreement Resell redistribute Content derivative form itself part product where the Content digital files are included Examples include but are not limited stock image galleries templates and photo reprints Transfer rights allow third party resell distribute Content Make Content available over network peer peer service any similar service Access Content Licensee services via automated means Use Content any defamatory immoral illegal adult materials Use Content picturing recognizable people imply endorsement for product service Provide access codes such download web pages and user login information any other party Downloads from different addresses from the same order will considered downloading other parties Violate any laws regulations any country state which Content used Compensation For all Licensee Services under this Agreement Customer shall compensate Licensee cash pursuant the terms Exhibit attached hereto the event Customer fails make any payment referenced Exhibit the deadline set forth Exhibit Licensee has the right but not obligated pursue any all the following remedies terminate the Agreement withhold all materials Services and Content bring legal action and revoke all license rights associated with the Content Termination Agreement any part this Agreement has been violated Customer Licensee its sole discretion may terminate Customer license access and use the Content Customer must immediately destroy any copies Content and forfeit any fees paid Licensee Limited Warranty and Limitation Damages Customer agrees indemnify and hold Licensee harmless with respect any claims loss lawsuit liability judgment suffered Customer which results from the use any material provided Licensee execution Service Licensee the direction Licensee which has been used violation this Agreement Content provided without any warranty suitability for any specific purpose Customer fully responsible for use Content and uses Content Customer own risk Licensee does not warrant that all Content Metadata will completely accurate Licensee does not make any representations for the rights use any individual name likeness image any Content Content Metadata licensed for commercial use without first obtaining Model Release which Customer realizes may not able obtained Customers responsibility retain legal council advise use Content when used for commercial purposes General Provisions Entire Agreement This Agreement contains the entire agreement between the parties relating the subject matter hereof and supersedes any and all prior agreements understandings written oral between the parties related the subject matter hereof modification this Agreement shall valid unless made writing and signed both the parties hereto Governing Law This Agreement shall governed and construed accordance with the laws the State State Exclusive jurisdiction and venue shall the County County State Superior Court Binding Effect This Agreement shall binding upon and inure the benefit Customer and Licensee and their respective successors and assigns provided that Licensee may not assign any Licensee obligations under this Agreement without Customer prior written consent Waiver The waiver either party any breach failure enforce any the terms and conditions this Agreement any time shall not any way affect limit waive such party right thereafter enforce and compel strict compliance with every term and condition this Agreement Good Faith Each party represents and warrants the other that such party has acted good faith and agrees continue act the negotiation execution delivery performance and any termination this Agreement Indemnification Customer agrees indemnify and hold Licensee harmless from any and all claims brought any third party relating any aspect the Services creative other content including but without limitation any claims resulting from any demands liabilities losses costs and claims including attorney fees arising out injury caused Customer products services material supplied Customer copyright infringement and defective products sold via the advertising Services Further Customer agrees indemnify Licensee from responsibility for problems disruptions caused third party services and contractors that Customer may use such reproduction services enlargements digital processors and other services that relate the use Content provided Licensee Limitation Damages Customer agrees that the only damages available under this Agreement shall limited the total amount compensation paid Licensee and that this shall the sole remedy Customer for damages under this Agreement Attorney Fees the event that any party this Agreement employs attorney enforce any the terms the Agreement the prevailing party shall entitled recover its actual attorney fees and costs including expert witness fees The parties represent and warrant that the date first written above they are authorized enter into this Agreement its entirety and duly bind their respective principals their signatures below EXECUTED the date first written above CustCompany signator authorized signature signer Job title signator authorized signature signer Date when the contact was signed Company signator authorized signature signer Job title signator authorized signature signer Date when the contact was signed Customer Initials Licensee Initials
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