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ROYALTY FREE 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 web site domain URL and company name Customer Definitions 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 professional model or not. Photographer The individual or company who owns the copyright on specific licensed image. Usage Authorization Authorization by Licensee for use of Content for 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. Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Licensee hereby agree as follows. 1. Services. Licensee agrees to render Services to Customer as follows.
Access to download licensed Content for period of 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. 2. 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. 3. 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 fee to Customer. Customer does not acquire any ownership rights to the Content or the Content after modification into derivative work.
4. Usage Rights. Customer is granted 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 Customers project. Content transmitted to authorized third parties may not be used in any other manner by third parties. ROYALTY FREE Customer is granted perpetual worldwide license for multiple uses of licensed Content. GENERAL TERMS
Customer MUST. Include photographers copyright in connection with the use of the image. For example magazines typically include the photographers name in the edge of the image book publishers typically include photographers credits in the forward or appendix. Photographers copyright statement should be displayed as Photo by credits or credits. If it is not possible to include photographers copyright Permission Waiver must be granted by the photographer. Digital use of Content requires URL hyperlink to the Photographers URL web site domain URL in the usage credits. Examples include but are not limited to Content used in web site multimedia CD ROM DVD or software product. Include statement that Content is used for illustration purposes only when using Content showing recognizable person when such Content is used to endorse product or service or may be unflattering to that person in any way. It is Customers 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 manner. Customer may use Content for the following purposes which do 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 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 derivative form by itself or as part of product where the Contents digital files are included. Examples include but are not limited to stock image galleries templates and photo reprints. Transfer rights or allow third party to resell or distribute Content. Make Content available over 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 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. 5. Compensation. For all of Licensees Services under this Agreement Customer shall compensate Licensee in cash pursuant to the terms of Exhibit attached hereto. In the event Customer fails to make any payment referenced in Exhibit by the deadline set forth in Exhibit Licensee has the right but is not obligated to pursue any or all of the following remedies. terminate the Agreement withhold all materials Services and Content bring legal action and revoke all license rights associated with the Content. 6. Termination of Agreement. If any part of this Agreement has been violated by Customer Licensee at its sole discretion may terminate Customers license to access and use the Content. Customer must immediately destroy any copies of Content and forfeit any fees paid to Licensee.
7. 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 Customers 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 individuals name likeness or image in any Content or Content Metadata licensed for commercial use without first obtaining 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. 8. General Provisions. 8 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. 8 Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. 8 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 Licensees obligations under this Agreement without Customers prior written consent. 8 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 partys right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
8 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. 8 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 attorneys fees arising out of injury caused by Customers 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. 8 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 Attorneys 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 attorneys 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.
EXECUTED as of the date first written above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed
Customer Initials Licensee Initials
PROJECT CANCELLATION AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Consultants and company name Customer Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Consultants hereby agree to cancel any and all work projects or labor as follows. 1. Cancellation of Services. Consultants shall cease any and all computer consulting services described below the Services or Work Product as well as any additional services that Customer has requested. Services include but are not limited to. a Enter Service or Work Product Description here
b Enter Service or Work Product Description here c Enter Service or Work Product Description here d Enter Service or Work Product Description here 2. Termination Obligations. Upon termination of this Agreement Consultants shall transfer and make available to Customer all property and materials in Consultants possession or subject to Consultants control that are the rightful property of Customer. The Consultant shall make every reasonable effort to secure all written or descriptive matter which pertains to the Services or Work Product and agrees to provide reasonable cooperation to arrange for the transfer of all property contracts agreements supplies and other third party interests including those not then utilized and all rights and claims thereto and therein. In the event of loss or destruction of any such material or descriptive matter Consultants shall immediately notify Customer of the details of the loss or destruction in writing and provide the necessary information for loss statement or other documentation to Customer. 3. Ownership Rights. The Consultant shall have ownership to all Consultants Materials. Consultants Material consists of all copyrightable. a Materials that do not constitute Services or Work Product as defined in Sect Services and Exhibit Specifications
b Materials that are solely owned by Consultants or licensed to Consultants. c Materials that are incorporated into the Work Product or part of the Services. Additional material shall include but are not limited to. Insert details about additional material here. Consultant shall hold all right title and interest in and to Consultants Material. Customer shall not do anything that may infringe upon or in any way undermine Consultants right title and interest in the Consultants Material as described in this paragraph 4. Notwithstanding the above Consultant hereby grants Customer an unrestricted nonexclusive perpetual fully paid up worldwide license for the use or for the sublicense of the use of Consultants Material for the purpose of
Insert purpose materials will be used for here. 4. Outstanding Final Compensation and Hold Harmless Agreements. For all of Consultants services rendered to Customer under any Previous Agreement Customer shall compensate Consultants in cash pursuant to the terms of Exhibit attached hereto. By accepting the terms of this offer and signing in the space provided below you hereby release and forever discharge and hold Customer its successors employers employees agents officers directors shareholders affiliates and insurers harmless of all claims suits or liability directly or indirectly related to your employment retainment of services or the termination of such services and specifically and without limitation any claims to pay in lieu of notice wrongful dismissal severance vacation bonus or overtime pay. This release includes but is not limited to all contract and tort claims between Customer and Consultants concerning Customers right to terminate its employees contractors and vendor agreements and claims or rights under local state and federal laws prohibiting employment discrimination. By signing below you agree that these terms represent full and final settlement of any and all claims you have arising out of your employment or contract employment by Customer. 5. Mutual Confidentiality. Customer and Consultants acknowledge and agree that the Specifications and all other documents and information related to the performance production creation or any expression of the services or work product are the property of Customer. Materials provided between Consultants and Customer the Confidential Information including but not limited to documentation product specifications drawings pictures photographs charts correspondence supplier lists financial reports analyses and other furnished property shall be the exclusive property of the respected owner the Owning Party and will constitute valuable trade secrets. Both parties shall continue to keep the Confidential Information in confidence and shall not at any time during or after the term of this Agreement without prior written consent from the owning party disclose or otherwise make available to anyone either directly or indirectly all or any part of the Confidential Information. Excluded from the Confidential Information definition is anything that can be seen by the public or had been previously made available by the owning party in public venue. 6. Equipment and Expenses. If Customer has made available to Consultants for Consultants use in performing the services for Customer such items of hardware and software as Customer and Consultants may agree are reasonably necessary for such purpose Consultants are obligated to return all Customer property currently in their possession at time and place of Customers choice. The following equipment and or services have been made available to Consultants and are hereby required to be return to Customer.
a Insert Equipment or Services description here b Insert Equipment or Services description here c Insert Equipment or Services description here 7. Expenses. Consultants will not be reimbursed for any expenses incurred in connection with the Services or Work Product whether direct or indirect without the express written approval of Customer. 8. General Provisions. 8 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. 8 Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. 8 Binding Effect. This Agreement shall be binding upon and inure to the benefit of Customer and Consultants and their respective successors and assigns provided that Consultants may not assign any of his obligations under this Agreement without Customers prior written consent. 8 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 partys right thereafter to enforce and compel strict compliance with every term and condition of this Agreement. 8 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. 8 No Right to Assign. Consultants have no right to assign sell modify or otherwise alter this Agreement except upon the express written advance approval of Customer which consent can be withheld for any reason. Customer may freely assign its rights and obligations under this Agreement.
8 Attorneys Fees. In the event 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 attorneys fees and costs including expert witness fees. Each party represents and warrants that on the date first written above they are authorized to enter into this Agreement in entirety and duly bind their respective principals by their signature below. EXECUTED as of the date first written above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed
company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed Customer Initials Consultant Initials
Job Number. contract reference number ADULT MODEL RELEASE For valuable consideration received undersigned hereby grant to company name Photographer the absolute and irrevocable right and unrestricted permission to use re use display distribute transmit publish re publish copy or otherwise exploit either in whole or in part stills or motion picture either digitally in print or in any other medium now or hereafter known for any purpose whatsoever and without restriction photographs taken of me my likeness or in which may be included Materials to alter the same without restriction; and to copyright the same. I understand and agree that Photographer may or may not use my name in conjunction with the photographs as he or she so chooses. I understand that all of my actions activities and speech may be recorded at any time and that the devices used for recording may not be apparent or obvious to me. I understand that Photographer may include or alter materials contained in any finished product that contains my image or likeness. Change may include but are not limited to. fictional or actual incidents characters names stories scenes events inventions advertising dialogue edits and changes to photos alterations airbrushing blurring distortion photo enhancement overdubs or changes and any other additions to any Material bearing my image or likeness.
I understand that waive all rights to inspect approve object or otherwise be consulted in any form concerning any Material or advertising produced bearing my likeness. I hereby release and discharge Photographer and his or her agents representatives and assignees from any and all claims and demands arising out of or in connection with the use of the photographs including without limitation any and all claims for intentional or unintentional acts or omissions invasion of privacy right of publicity and defamation; all claims of liability resulting from any personal property residual payments license fees taxes reuse of published Material or any other use of my likeness or image; all liability resulting from lost wages loss of employment consumption of alcoholic beverages infliction of emotional distress; and all liability for compensation for the Material or their rights granted here under. 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. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. Binding Effect. This Agreement shall be binding upon and inure to the benefit of Photographer and their respective successors and assigns provided that Photographers may not assign any of his obligations under this Agreement without the undersigneds prior written consent. This release shall be binding upon me my heirs legal representatives and assigns. Consent. I represent that am and was over the age of eighteen years of age years of age for Nebraska and Alabama; years of age in Mississippi and Puerto Rico on the date the depiction of me was taken and to which this release applies. have the full and unrestricted right and legal capacity to enter into this agreement and have read the foregoing and fully understand its contents. have not and will not accept any third party compensation for my part or appearance in the Materials. If am currently member or have been member of Union acknowledge and agree that my appearance in the Materials is not and was not performance and am not entitled to any salary wages or compensation. The legal age may vary from state to state and country to country. Make sure that you are in compliance with the legal age within your location. Disputes. acknowledge that should any dispute arising out of this release my appearance in any of the Materials in part or in whole or any advertising of such Materials be made will submit such dispute in writing to company name. company name shall then have the absolute right and option to have the matter resolved by Binding Arbitration in the county County of state or province and acting under the rules of and appointed by the American Arbitration Association. Failure to enter into binding arbitration by either party at this point may require legal action in court of competent jurisdiction. Signature.
Print Full Legal Name. Print Stage Name. if applicable Social Security Number. Type of ID Verified. Job title of signator authorized signature or signer. Address. Date when the contact was signed It may not be legal to directly ask for someones age. Instead ask for verification by checking legal photo id such as drivers license and one other piece of identification and note the type of identification used to verify the models age.
IF AM UNDER THE AGE OF YEARS MY PARENT OR LEGAL GUARDIAN MUST SIGN BELOW. I the parent or guardian of the minor who signed the above release do herby consent to the signing of such an agreement and release and do herby agree to hold harmless and defend beneficiaries of the release against any claim that the minor may make before or after reaching the age of majority due to any use of the Materials as described in the above Model Release in any manner permitted by such release. I fully understand that any beneficiaries of the release are and will be relying upon my agreement and signature which are intended to induce them to accept the release. Signature of Parent or Legal Guardian. Date when the contact was signed Print Full Legal Name. Address. Phone Number.