ROYALTY FREE LICENSE AGREEMENT (Standard RF License)
YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR DOWNLOAD AND USE OF THE IMAGES.
The STOCKLIB COLLECTION End User License Agreement (EULA)
This Agreement is between EPICTURA corporation, (hereafter known as STOCKLIB) and the user who downloads Content from this website. You may not allow anyone else to use your username or password. For the purpose of this Agreement, "Content" is defined as any image or photo owned by STOCKLIB or its authorized contributors and have been made available for download on this website.
You have agreed to be bound by the Terms and Conditions of this Agreement and by downloading any of the Content from STOCKLIB, You acknowledge that You have read, understood, and accepted the Terms and Conditions of this Agreement.
STOCKLIB represents that it owns all rights or has all requisite authority, including all copyrights, in and to the Content, or, is authorized to allow You to access, acquire, and use Content under the Terms and Conditions of this Agreement. The copyright and all other rights of the Image(s) shall remain with STOCKLIB and its respective suppliers.
Terms and Conditions of Use You agree to access, acquire, and use the Content under the following Terms and Conditions:
1. These Terms and Conditions constitute a legal Agreement between You and STOCKLIB
2. STOCKLIB grants You a nonexclusive, nontransferable license to use, reproduce, modify, publish, display, and distribute the Content according to the Terms and Conditions of this Agreement.
3. You may, subject to the Terms and Conditions of this Agreement, access and acquire the Content via this website, and use the acquired Content for the following purposes, provided you do not violate the rights of any third party:
(a) as a part of commercial or advertisement purposes in magazines and newspapers.
(b) as a design element on a website, video game, or CD-ROM but NOT in connection with any Web site template or software product for distribution or use by others.
(c) as part of marketing, advertising, or promotional materials, including print ads, mailers, handouts.
(d) in connection with your business or entity, eg corporate identity documents, and letterhead.
(e) as decor in an office, lobby, or public area, restaurant, or retail store.
(f) in a PowerPoint presentation provided that a reasonably prominent statement is included on the same page as the Content as follows: "Certain images and/or photos on this page are the copyrighted property of STOCKLIB, their Contributors or Licensed Partners and are being used with permission under license. These images and/or photos may not be copied or downloaded without permission from STOCKLIB"
(g) as design elements in video, film, or television broadcasts.
(h) If the Content is to be used in an Editorial publication such as (but not restricted to) magazines, newspapers, textbooks, eBooks, printed material, online or multimedia CDs - You are granted a nonexclusive, nontransferable license to use, reproduce, publish, display, and distribute the Content up to 250,000 copies in aggregate (for quantities above this amount, you must purchase the Extended License version for the Content) according to the Terms and Conditions set forth in Section 3 hereof.
4. You may NOT
(a) distribute the Content, electronically or in hard copy, except as specifically authorized under paragraph 3 above;
(b) authorize any third party to use the Content for any purpose or resell, sublicense, or otherwise make available the Content for use or distribution separately or detached from a product or Web page;
(c) share Content across a network, on a CD, or in any other way;
(d) under any circumstances, use automated or programmatic means or methods to download Content;
(e) use Content in any logo or part of any trademark;
(f) under any circumstances use Content in connection with any pornographic, obscene, immoral, defamatory or illegal materials; endorsement of product(s); sensitive mental/health/other similar aspect of contexts or subjects.
5. You understand that Content is copyrighted and may be owned by a third party, and any unauthorized use by you may be an infringement of such copyright.
6. You understand and agree that STOCKLIB may, in its sole discretion,
(a) monitor anything you download from the STOCKLIB website, as frequently as STOCKLIB in its sole discretion determines, for any violation of this Agreement,
(b )limit downloads to a fixed amount of total downloads per 24 hour period, per user, as to insure the best possible service to all STOCKLIB subscribers,
(c) track any abuse of your username and password in connection with the STOCKLIB website or in connection with this Agreement,
(d) terminate your account immediately if we detect you are using, or are trying to use any automated means to download content, and
(e) terminate your account, without notice, if it finds what STOCKLIB believes to be any violation of this Agreement and/or any abuse of your username and password. If your account is terminated for any violation of this Agreement and/or any abuse of a username or password, you lose all rights to STOCKLIB Content, must immediately delete all Content acquired from STOCKLIB, and forfeit all fees paid.
7. STOCKLIB and the Content are made available to you as supplied to us by photographers / illustrators. When applicable, photographers / illustrators supply images with a proper model release or property release. This documents are stored and can be made available in case of liability claims.
STOCKLIB, its employees, directors, and officers, and anyone else associated with STOCKLIB disclaims, to the fullest extent permitted by law, any and all warranties, express or implied, including without limitation, warranties of fitness for a particular purpose or that your usage of this website and content will be uninterrupted or error free.
8. In no event will STOCKLIB, its employees, directors, and officers, or anyone else associated with STOCKLIB be liable for any indirect, special, incidental, economic, or consequential damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Content, even if STOCKLIB has been advised of the possibility of such damages. In no event will the liability of STOCKLIB, its employees, or related parties exceed the amount paid by you for accessing or using STOCKLIB and for accessing, acquiring, and/or using Content from STOCKLIB. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
9. You represent and warrant that:
(a) You are at least 18 years of age and have the right to enter into this Agreement;
(b) You will not use the Content in any way that is not permitted by this Agreement;
(c) Your use of the Content will not violate any applicable law or regulation of any country, state, or other governmental entity;
(a) The information you provide the STOCKLIB Sites is accurate and true, including without limitation all credit card information.
10. You agree to fully defend and indemnify STOCKLIB, its employees, directors, and officers, and anyone else associated with STOCKLIB, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including attorneys' fees and expenses, arising in connection with Your use of the Content and this Site or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement.
11. This Agreement constitutes the entire agreement between You and STOCKLIB regarding its subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties' intentions. Failure by STOCKLIB to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. The interpretation and enforcement of this Agreement shall be governed according to international treaty provisions and other applicable laws.
12. This Agreement was originally composed in English and was subsequently translated into other languages. The fidelity of subsequent translations cannot be guaranteed. In case of conflict between the English version and another language version, the English version takes precedence.
You have agreed, and reaffirm your agreement to conduct this transaction electronically.