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– Commercial use Intellectual Property License

– Commercial use Intellectual Property License 2017-06-10T10:32:11+00:00

Commercial use Intellectual Property License  (the “License”)

This LICENSE is granted by VisualChaos Studios, The Studio, Chart Cottage, Turners Hill Road, Crawley Down RH10 4HG (the “Licensor”)
and the person or business downloading and/or using the IMAGES (the “Licensee”).

Recitals

A. The Licensor owns the copyright to the images described and identified in Appendix A (the “Images”) of this License, and at no time does the copyright pass to the Licensee (copyright purchase is fixed at £65 per chosen image if required).

B. The Licensee desires to use such Images in connection with its business as determined and permitted in Appendix B of this License, and such use and continued use signifies the Licensee’s full acceptance of the Terms and Conditions contained in this License.

Terms and Conditions
For these reasons, Licensor and Licensee hereby agree as follows:

  1. The Licensor hereby grants the Licensee and the Licensee hereby accepts, a royalty-free, non-exclusive, non-transferable license to use the Images in connection with the Licensee’s business as determined in Appendix B of this License.
  2. The Images cannot be amended or altered in any way without the permission of the Licensor except conversion to monochrome, colour tinting or cropping so that the Images may fit a page design or website layout. The overall image file size in pixels may be changed without permission being obtained.
  3. The Licensee agrees to indemnify and hold harmless the Licensor against any damages, losses, or expenses (including but not limited to legal fees or legal claims) in connection with any use of the Images by the Licensee, except for any claims based solely upon ownership rights in and to the Images, unless such claims are as a result of the Licensor being in breach of this License.
  4. The Licensee shall not have the right to sublicense or assign the rights granted to the Licensee under this License.
  5. The Licensee may terminate this License at anytime and the License will have deemed to be determined, upon the receipt by the Licensor of the Images and the delivery of a written confirmation on the Licensee’s letterhead confirming that all the Images have been deleted and destroyed and removed from the Licensee’s business in every way. All fees associated with the images are not refundable at anytime.
  6. The Licensor may terminate this agreement at anytime if the Licensee is in breach of this License.
  7. Upon the termination of this License for whatever reason, the Licensee will ensure that the Image(s)’ usage has stopped, the Images have been deleted and destroyed and removed from the Licensee’s computers, servers, CDs and business in every way.
  8. If any Image featuring a person or property is used in a manner that would lead a reasonable person to believe that the person or property personally uses or endorses a product or service, or if the depiction of the person or property is used in connection with a subject that would be illegal, unflattering, embarrassing or unduly controversial to a reasonable person, the Licensee will upon request provide a statement to accompany the use of the images which will indicate that the person and or property is being used for illustrative purposes only and does not speak or represent the Licensor in any way.
  9. The Licensor grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Image, and the Licensee must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained.
  10. THE LICENSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE LICENSOR SHALL NOT BE LIABLE TO THE LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF THE LICENSEE’S USE OF THE IMAGES, OR OTHERWISE, EVEN IF THE LICESNOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES.
  11. The Licensor reserves the right to revoke the License to use any Image(s) for good cause and elect to replace such Image with an alternative Image. Upon notice of any revocation of a License for any Image(s), Licensee shall immediately cease using such Image(s), shall take all reasonable steps to discontinue use of the replaced Image(s) in products that already exist and shall inform all end-users and clients of same.
  12. If one or more of the provisions contained in the License 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 reformed only to the extent to make it enforceable. No action of the Licensor other than express written waiver, may be construed as a waiver of any provision of this License agreement.
  13. This Agreement will be governed in all respects by the laws of the United Kingdom.

APPENDIX A

i. The images either singularly or as a collection or portfolio (the “Images”) taken by Steve Fisher or Sarah Fisher for VisualChaos Studios (the “Licensor”). Such Images may be made available to the Licensee by CD, DVD, or internet download or in some other way.

ii. Images are numbered between 20000-0001.jpg to 29999-9999.jpg and are encoded with the Licensor’s copyright (c) VisualChaos Studios.

iii. Changing the Images identification and metadata will be deemed as a breach of this License

APPENDIX B

i. any print media in any format, including but not limited to advertising and promotional materials, packaging, editorial and PR publications, self promotion;

ii. any Internet, intranet, online or web-based media provided the resolution of the images does not exceed 72dpi and the Images are not offered for sale.

Restrictions on Use

Except as provide herein, the Licensee may not:

i. sublicense, sell, assign, convey or transfer any of its rights under this License;

ii. sell, license or distribute its final product in such a way that permits the Licensee’s end users to extract or access the Images as a stand-alone file;

iii. incorporate the Images into a logo, trademark or service mark;

iv. distribute, post or upload the Image(s) online in a downloadable format or for use by any stock image library;

v. use any Image in a pornographic, defamatory, libelous or otherwise illegal manner, whether directly or in context or juxtaposition with other materials.

For an on behalf of the LICENSOR:-

Mr S Fisher and Mrs S Fisher
Photographers
VisualChaos Studios

 

~ Stephen Fisher t/a VisualChaos Studios ~

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