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How to write your Royalty-free Authorized Use Stock Photography EULA

We include this 5 page template with Photography/Media Contract Pack and the Proposal Kit Professional. You will get more content and software automation for data merging, managing client documents, and creating proposals with line item quoting with a Contract Pack or the Professional.

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The Royalty-free Authorized Use Stock Photography EULA (End User License Agreement) is meant for licensing pre-existing stock photography to your customers with one-time payment for unlimited usage. This variation requires the licensee to specify exactly how the image will be used so the use can be authorized. Authorized Use is primarily intended for use when an identifiable person is in the image and requires their authorization prior to use.
Document Length: 5 Pages
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1. Get Photography/Media Contract Pack or the single template that includes this business contract document.

We include this Royalty-free Authorized Use Stock Photography EULA in editable Word format that can be customized using your office software.

2. Download and install after ordering.

Once you have ordered and downloaded your template or pack, you will have all the content you need to get started.

3. Customize the contract template with your information.

You can customize the contract document as much as you need. If you get a Contract Pack or Professional Bundle, you can also use the included Wizard software to automate name/address data merging.

Royalty-free Authorized Use Stock Photography EULA

How do you write a Royalty-free Authorized Use Stock Photography EULA document?

ROYALTY-FREE AUTHORIZED USE ONLY STOCK PHOTOGRAPHY EULA

THIS END USER LICENSE AGREEMENT (EULA) is made this Current Day day of Current Month, Current Year by and between Company Name ("Licensee") doing business as Website URL and Company Name ("Customer"). "Content" - Stock photography ("images") provided to Customer by Licensee. "Content Metadata" - Information attached to Content, including camera information, locations, creation dates, captions and keywords. "Customer" - The individual person or company who paid licensee fees for Content.

"Model" - Any recognizable person in the Content, regardless of if they were a professional model or not. "Photographer" - The individual or company who owns the copyright on a specific licensed image. "Usage Authorization" - Authorization by Licensee for use of Content for a specified purpose when required by the licensing agreement. "Download Access Time" - The period of time in which the Content shall be made available to Customer for downloading under the licensing Agreement.

In consideration of the mutual covenants set forth in this Agreement, Customer and Licensee hereby agree as follows:

Services

Licensee agrees to render Services to Customer as follows:

Access to download licensed Content for a period of 7 days (one week) from purchase. Customer shall be responsible for making any backup copy of any downloaded Content. Licensee is not responsible for providing future access to downloads of licensed Content after the download access time has expired. Grant of license to use Content as outlined in this Agreement for which license fee has been paid in full by Customer.

Access Rights

Customer has temporary access rights to download Content from Licensee upon payment of license fees. Customer may not allow any third party or parties, whether through intent or by accident, to use access rights to Content at any time. Information transmitted to Customer by Licensee, such as download information, locations, URLs or login ids and passwords shall not be disclosed, posted, shared or otherwise made available to the public in any format.

Ownership Rights

Licensee and/or original photographers shall retain all copyrights to Content provided Customer including copyrights to derivative works. Licensee has the rights to issue licensee to Content for a fee to Customer. Customer does not acquire any ownership rights to the Content or the Content after modification into a derivative work.

Usage Rights

Customer is granted a non-exclusive, non-transferable license to use the Content per the terms of this Agreement. Customer is allowed to share Content as needed to complete production of authorized usage, such as transmitting Content to separators, printers, and graphic designers working on the Customer's project. Content transmitted to authorized third parties may not be used in any other manner by third parties.

ROYALTY-FREE AUTHORIZED USE ONLY

Customer is granted a perpetual worldwide license for multiple authorized uses of licensed Content.

Authorized use is for the following:

Insert usage of Content

Customer must provide exact details of where, how and in what context the Content will be used. The issue to be addressed is that Authorized Use typically involves use of a recognizable person's image, and that person needs enough information from Customer to determine if they want to authorize the use of their likeness. Content may not be used for any other purpose whatsoever without first being approved in writing by Licensee or Photographer. Our rights to license Authorized Use Only Content requires Customer to provide exact intended usage of the image and to abide by that usage only.

Before Customer can use Authorized Use Only Content, approval must first be granted by the Models/Photographers for that requested usage. A separate Usage Authorization agreement will be provided to Customer when permission has been granted. If permission is not granted, Customer will be eligible for credit or refund of any pre-purchased Content from Licensee and Customer will be required to destroy the Content.

GENERAL TERMS

Customer MUST

Include photographer's copyright in connection with the use of the image. For example, magazines typically include the photographer's name in the edge of the image, book publishers typically include photographer's credits in the forward or appendix. Photographer's copyright statement should be displayed as "Photo by Credits", or "(c) Credits".

If it is not possible to include photographer's copyright, a Permission Waiver must be granted by the photographer. Digital use of Content requires a URL hyperlink to the Photographer's URL Website URL in the usage credits. Examples include, but are not limited to, Content used in a web site, multimedia CD-ROM, DVD or software product. Include a statement that Content is used for illustration purposes only when using Content showing a recognizable person when such Content is used to endorse a product or service or may be unflattering to that person in any way.

It is Customer's responsibility in such cases to determine suitability of the image and consequences of use and to obtain written permission if unsure that Content should be used in such a manner.

Customer may use Content for the following purposes, which do not violate any other terms below:

A design element for educational purposes. Examples include teaching materials and reports. A design element for editorial purposes. Examples include magazines, newspapers and reviews.

A 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 décor.

Customer may NOT

Violate the rights of any other party. Violate any terms of this agreement. Resell or redistribute Content as-is or in a derivative form, by itself, or as part of a product where the Content's digital files are included. Examples include, but are not limited to stock, image galleries, templates, and photo reprints.

Transfer rights or allow a third party to resell or distribute Content. Make Content available over a network, peer-to-peer service, or any similar service. Access Content or Licensee services via automated means.

Use Content in any defamatory, immoral, illegal, or adult materials. Use Content picturing recognizable people to imply endorsement for a product or service. Provide access codes such as download web pages and user login information to any other party.

Downloads from different IP addresses from the same order will be considered downloading by other parties. Violate any laws or regulations of any country or state in which Content is used.

Compensation

For all of Licensee's Services under this Agreement, Customer shall compensate Licensee in cash, pursuant to the terms of Exhibit A attached hereto. In the event Customer fails to make any payment referenced in Exhibit A by the deadline set forth in Exhibit A, Licensee has the right, but is not obligated, to pursue any or all of the following remedies: (1) terminate the Agreement, (2) withhold all materials, Services, and Content, (3) bring legal action, and (4) revoke all license rights associated with the Content.

Termination of Agreement

If any part of this Agreement has been violated by Customer, Licensee at its sole discretion may terminate Customer's license to access and use the Content. Customer must immediately destroy any copies of Content and forfeit any fees paid to Licensee. Limited Warranty and Limitation on Damages. Customer agrees to indemnify and hold Licensee harmless with respect to any claims, loss, lawsuit, liability, or judgment suffered by Customer which results from the use of any material provided by Licensee or execution of Service by Licensee or at the direction of Licensee, which has been used in violation of this Agreement.

Content is provided as-is without any warranty on suitability for any specific purpose. Customer is fully responsible for use of Content and uses Content at Customer's own risk. Licensee does not warrant that all Content Metadata will be completely accurate. Licensee does not make any representations for the rights to use any individual's name, likeness, or image in any Content or Content Metadata licensed for commercial use without first obtaining a Model Release (which Customer realizes may not be able to be obtained).

It is Customers responsibility to retain legal counsel to advise on use of Content when used for commercial purposes.

General Provisions

1 Entire Agreement

This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto.

2 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of State. Exclusive jurisdiction and venue shall be in the County County, State Superior Court.

3 Binding Effect

This Agreement shall be binding upon and inure to the benefit of Customer and Licensee and their respective successors and assigns, provided that Licensee may not assign any of Licensee's obligations under this Agreement without Customer's prior written consent.

4 Waiver

The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party's right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.

5 Good Faith

Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

6 Indemnification

Customer agrees to indemnify and hold Licensee harmless from any and all claims brought by any third party relating to any aspect of the Services, creative or other content, including, but without limitation, any claims resulting from any demands, liabilities, losses, costs, and claims, including attorney's fees, arising out of injury caused by Customer's products/services, material supplied by Customer, copyright infringement, and defective products sold via the advertising or Services. Further, Customer agrees to indemnify Licensee from responsibility for problems/disruptions caused by third-party services and contractors that Customer may use such as reproduction services, enlargements, digital processors, and other services that relate to the use of Content provided by Licensee.

7 Limitation of Damages

Customer agrees that the only damages available under this Agreement shall be limited to the total amount of compensation paid to Licensee and that this shall be the sole remedy to Customer for damages under this Agreement.

8 Attorney's Fees

In the event that any party to this Agreement employs an attorney to enforce any of the terms of the Agreement, the prevailing party shall be entitled to recover its actual attorney's fees and costs, including expert witness fees. The parties represent and warrant that, on the date first written above, they are authorized to enter into this Agreement in its entirety, and duly bind their respective principals by their signatures below.

The complete Royalty-free Authorized Use Stock Photography EULA - with the actual formatting and layout - is available as a single template or as part of a library of related templates in a Contract Pack or the Professional Bundle.
Royalty-free Authorized Use Stock Photography EULA
Alternate documents are those which may be used instead of this document depending on your situation. Alternate documents may be better suited for projects of different sizes, more specialized projects, and variations on rights.

Alternate Documents

Related documents may be used in conjunction with this document depending on your situation. Many related documents are intended for use as part of a contract management system.

Related Documents

Key Takeaways

  • The Royalty-free Authorized Use Stock Photography EULA is available as a ready-to-edit template.
  • The Contract Packs and Professional Bundle include many related agreements and documents.
  • You can automate financials and data merging into contracts using a Contract Pack or Professional Bundle.
  • You can also create business proposals and integrate your contracts using the Professional Bundle.
  • There are no ongoing subscription fees. You get lifetime unlimited use.

How to Build a Legal Contract with Proposal Kit

This video illustrates how to create a legal contract using the Proposal Pack Wizard software. It also shows how to create a proposal with an invoice and contract at the same time.

Frequently Asked Questions

How do I customize the Royalty-free Authorized Use Stock Photography EULA to fit my business needs?

Customizing the Royalty-free Authorized Use Stock Photography EULA involves editing the document to include your business details, terms, and conditions. The templates are designed to be flexible, allowing you to insert your company's name, address, and other relevant information. You can modify clauses to reflect your unique business practices and legal requirements.

Is the Royalty-free Authorized Use Stock Photography EULA compliant with laws and regulations?

The legal contract templates are written by legal professionals and designed to comply with current laws and regulations at the time of their writing. However, laws can vary by jurisdiction and change over time, so it's recommended to have your contract reviewed by a local attorney to ensure it meets all legal requirements specific to your region and industry. Templates are licensed as self-help information and not as legal advice.

Can I use the same Royalty-free Authorized Use Stock Photography EULA for different clients or projects?

You can use the same Royalty-free Authorized Use Stock Photography EULA for different clients or projects. The templates are versatile and easily adapted for various scenarios. You will need to update specific details such as client names, project descriptions, and any unique terms for each new agreement to ensure that each contract accurately reflects the particulars of the individual client or project.

What should I do if I encounter a clause or term I don't understand?

If you encounter a clause or term in the Royalty-free Authorized Use Stock Photography EULA that you need help understanding, you can refer to guidance notes explaining each section's purpose and use. For more complex or unclear terms, it's advisable to consult with a legal professional who can explain the clause and help you determine if any modifications are necessary to suit your specific needs.

How do I ensure that the Royalty-free Authorized Use Stock Photography EULA is legally binding and enforceable?

To ensure that the Royalty-free Authorized Use Stock Photography EULA is legally binding and enforceable, follow these steps:

  • Complete all relevant sections: Make sure all blanks are filled in with accurate information.
  • Include all necessary terms and conditions: Ensure that all essential elements, such as payment terms, deliverables, timelines, and responsibilities, are clearly defined.
  • Signatures: Both parties must sign the contract, and it is often recommended that the contract be witnessed or notarized, depending on the legal requirements in your jurisdiction.
  • Consult a legal professional: Before finalizing the Royalty-free Authorized Use Stock Photography EULA, have it reviewed by an attorney to ensure it complies with applicable laws and protects your interests.

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Disclaimers

Proposal Kit, Inc. makes no warranty and accepts no responsibility for the suitability of any materials to the licensee's business. Proposal Kit, Inc. assumes no responsibility or liability for errors or inaccuracies. Licensee accepts all responsibility for the results obtained. The information included is not legal advice. Names in use cases have been fictionalized. Your use of the Royalty-free Authorized Use Stock Photography EULA template and any purchased packages constitutes acceptance and understanding of these disclaimers and terms and conditions.

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