Advanced License Agreement
The following is a legal agreement between you or the employer or other entity on whose behalf you are entering into this agreement ("Licensee") and Yegor Korzh Travel Photography ("Licensor"). Please read this agreement carefully before purchasing any Image from Yegor Korzh Travel Photography.
All photographs and images ("Licensed Material") are copyrighted. All rights are reserved by Yegor Korzh Travel photography. Your right to use images and photographs are subject to this agreement.PART I: ADVANCED LICENSE
This agreement grants you a non-exclusive, non-transferable right to use and reproduce purchased images in the following ways, subject to limitations set forth herein and in Part II of this Agreement:
- On web sites, provided that no Image is displayed at a resolution greater than 2048 on the long side;
- As toolbar skins, screensavers and mobile phone "wallpaper", including commercial use and distribution with agreed size of the manufacturing or duplication run as specified in the Invoice;
- As prints, posters (i.e. a hardcopy) and other reproductions for retail print (hardcopy) products where Image is the primary factor driving the sale with agreed size of the manufacturing or duplication run as specified in the Invoice;
- As a hand painted reproduction (not as a printed reproduction) on canvas or other material to be used as decoration or resold;
- In coordination with opt-in email marketing. However, Images cannot be used in connection with unsolicited email;
- On letterhead and business cards, pamphlets, brochures, catalogues and on pop up and/or panel displays for use in conventions and trade shows, without regard to the number of times an Image is reproduced, provided that the Image is not used as and does not function as a trademark, service mark or logo, or as an element thereof;
- In the artwork for the packaging of any product without regard to the number of times an Image is reproduced;
- Incorporated into software, including design or project templates, regardless of the size of the manufacturing or duplication run(s) of such software or the number of times such software is downloaded, provided that the Image or any digital files containing the Image cannot be unincorporated from the software or template;
- In multimedia presentations and incorporated into film and video for television and/or internet broadcast, and theatrical display, without regard to the size of the intended audience;
- In multimedia presentations and incorporated into film and video for distribution and/or sale in the home video market, without regard to the size of the manufacturing or duplication run (including downloads);
- As CD or DVD cover art and/or artwork, without regard to the size of the manufacturing or duplication run (including downloads incorporating the artwork) of such CDs or DVDs;
- As part of editorial or advertising copy in magazines, newspapers, books, book covers, textbooks, editorials and directories, without regard to the size of the manufacturing or duplication run (including downloads);
- In eBooks, including multi seat license electronic textbooks, regardless of the size of the manufacturing or duplication run(s) of such software or the number of times such software or content is downloaded;
- As advertising posters for use in promoting the sale of other products (as opposed to promoting the sale of the prints, posters, etc. containing the Images), provided that such prints and/or posters and/or other reproductions combine words and an Image or Images without regard to the size of the manufacturing or duplication run (including downloads); and
- Incorporated into merchandise for resale or distribution, without regard to the size of the manufacturing or duplication run of such merchandise (including downloads), including, without limitation, computers, computer peripherals, clothing, artwork, magnets, posters, and online and paper greeting cards, including merchandise where Image is the primary factor driving the sale with agreed size of the manufacturing or duplication run (as specified in the Invoice) of such merchandise (including downloads), including, without limitation, computers, computer peripherals, clothing, artwork, magnets, posters, and online and paper greeting cards;
YOU MAY NOT:
- Use an Image other than as specified in PART I.
- Use or display any Image on websites or in connection with any service designed to sell or induce sales of "print on demand" products using or incorporating Image(s), including, by way of example only, postcards, mugs, t-shirts, posters, giclee prints, wallpaper, artwork and other items, this includes custom designed websites as well.
- Use an Image together with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party's trademark or intellectual property.
- Use an Image in a way that places any person depicted in the Image in a bad light or in a way that they may find offensive - this includes, but is not limited to the use of Images: a) in pornography, "adult videos" or the like; b) in ads for tobacco products; c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) in connection with political endorsements; e) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products; and f) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content. You may not use an Image containing the likeness of a person if such use implies that the model engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition.
- Resell, redistribute or transfer any Image except as specifically provided herein. Displaying any Image in any digital format or for any digital use at a resolution greater than 800 x 600 pixels, except in preliminary design work, will be deemed to be an attempt to redistribute the Image and could result in the termination of your rights under this agreement.
- Share an Image by providing access to such Image on shared disk drives, computer networks, intranets of any nature or otherwise.
- Use Yegor Korzh Travel Photography images in a manner that competes with Yegor Korzh Travel Photography business.
- Use an Image that contains recognizable images of people or subjects trademarked, owned or copyrighted by third-parties for commercial purposes. If an Image contains such subjects, additional permissions may be required for commercial use. Yegor Korzh Travel Photography does not provide such permissions.
- Use any Image (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof , or to otherwise endorse or imply the endorsement of any goods and/or services.
- Use or display an Image in such a manner that gives the impression that the Image was created by you or a person other than the copyright holder of that Image - Yegor Korzh Travel Photography.
- Represent yourself as an agent, employee, designee, or affiliate of Yegor Korzh Travel Photography for any purpose, including but not limited to the negotiation of any business, distribution, partnership, or development agreement.
- "Non-transferable" as used herein means that except as specifically provided in this Agreement, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, the Image or the right to use the Image. You may however, transfer Images to a third party for the sole purpose of causing such third party to produce and/or manufacture your goods incorporating Images subject to the terms and conditions herein. In addition, the work you produce with the Image must be used for yourself, your direct employer, client, or customer, who must be the end user of your work. You agree to take all commercially responsible steps to prevent third parties from duplicating any Image.
- If you plan on using or do use Images as part of work for a client or customer, you must keep accurate and detailed records of the use of each Image.
- You agree to indemnify and hold Yegor Korzh Travel Photography, its officers, employees, shareholders, directors, managers, members and suppliers, harmless against any damages or liability of any kind arising from any use of the Image other than the uses expressly permitted by this Agreement. You further agree to indemnify Yegor Korzh Travel Photography for all costs and expenses that Yegor Korzh Travel Photography incurs in the event that you breach any of the terms of this or any other agreement with Yegor Korzh Travel Photography.
- Neither Yegor Korzh Travel Photography nor any of its officers, employees, managers, members, shareholders, directors or suppliers, shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of or relating to the use of, or the inability to use, the Yegor Korzh Travel Photography website or any Image or Images
- This Agreement shall be governed by laws of Australia.
- Yegor Korzh Travel Photography makes no representations or warranties whatsoever as to the legality or validity of any release associated with Image or with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in any Image.
- You must satisfy yourself that all necessary rights, consents or permissions as may be required for reproduction of any Image under this agreement.
This agreement must be printed, signed and sent to firstname.lastname@example.org. You will be provided a PDF version of this agreement when you request an image license.