Science & Art Photo Disc products may be used in advertising, promotion, packaging designs, commercials, video, film, television, multimedia projects or on the web. In advertising or promotion, in any medium; as part of a packaging design; as design elements on products for resale, including books and games; in commercials, television, film or video. The one exception is that the photos cannot be used for resale if the end product is a photography based product such as photo book, photo CD, poster, postcard, photo-puzzle, photographic print or other forms of photographic art in which the photograph is the main product. The use of images for photo based products must be negotiated on an individual basis. For all other purposes there are no additional charges based on quantity of printed items, number of products for resale, or circulation of materials. A few restrictions on use of Science & Arts images are outlined below. If you have questions or concerns about the use of any images please contact us for clarification.
End User License agreement for Royalty-Free Images
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SCIENCE AND ART (HEREINAFTER REFERRED TO AS "LICENSOR(S)"). BY BREAKING THE CD-ROM SEAL OR DOWNLOADING ANY MEDIA AND/OR SOFTWARE FROM OUR WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.
GRANT OF LICENSE
Licensor(s) grants to you and your employer, if you are licensing on behalf of your employer, a non-exclusive, non-sublicensable right to use any software obtained from Licensor(s) ("Software") and any of Licensor(s)' Digital Media and any derivatives or copies (collectively, the "Digital Media"), on your personal computer. The PHOTO CDS may not be shared by creating a disc library, Digital Media storage jukebox, network configuration or similar arrangement and you may not create a network of servers, either with or without a central location, which enables others to share the Digital Media, Software or discs. You may not utilize the Digital Media disc in any manner that is not expressly permitted in this license agreement. All rights not specifically granted above are retained by Licensor(s). One copy of the Digital Media and Software may be made for backup purposes only. Except as specifically provided in this license agreement, no Digital Media, Software or disc may be shared or copied.
Science & Art digital images may be used on a worldwide and perpetual basis as a part of: (i) ADVERTISING and PROMOTIONAL MATERIALS (including packaging); (ii) ONLINE or other ELECTRONIC DISTRIBUTION SYSTEMS (including web page design) and BROADCASTS or THEATRICAL EXHIBITIONS; (iii) ANY PRODUCTS (including for-sale products) or PUBLICATIONS (electronic or print); and (iv) materials for PERSONAL, COMMERCIAL use and TEST or SAMPLE use, including COMPS and LAYOUTS so long as the product is not a photo based product such as a calendar, post card, puzzle, poster where the image is the main product being sold. No images may be sublicensed, resold or otherwise made available for use or distribution separately or detached from a product or web page. For example Digital Media may be used as an integral part of a web page design, but the images themselves may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by website users. Similarly, clients may be provided with copies of digital files as an integral part of work product, but may not be provided with Digital Media separately. Pornographic use, use which would be defamatory or libelous absent the consent of the model or use which is otherwise unlawful is prohibited. You may not include the Digital Media in any electronic template or application, including those which are web-based, where the purpose is to create multiple impressions of an electronic or printed product, including but not limited to, presentation templates, electronic greeting cards, business cards, calendars, puzzles or any other electronic or printed matter.
Licensor(s) warrant the Digital Media, Software and disc to be free from defects in material and workmanship for 30 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the Digital Media, Software or disc or refund of the purchase price, at Licensor(s)' option.
LICENSOR(S) MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER LICENSOR(S) NOR THEIR LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES ARISING OUT OF THIS LICENSE OR OTHERWISE.
Science & Art Images Royalty-Free License Agreement
This license agreement ("Agreement") is between you, the party licensing imagery through this Agreement ("Licensee"), and Science & Art Images ("Licensor"). Licensee's use of the Digital Media as defined below constitutes your acceptance of the terms of this Agreement.
1. License Terms 1.1 Covered Materials.
1.1.1 The photographs, film clips, audio clips, software and any and all other media and content in any form delivered to Licensee by Licensor, whether via CD-ROM, by download from Licensor's website or otherwise (collectively, the "Digital Media") are licensed, not sold, to Licensee by Licensor for use pursuant to the terms of this Agreement.
1.1.2 Licensee may own the media on which the Digital Media are recorded, but Licensor, for itself or on behalf of its contributors, retains ownership of the Digital Media.
1.1.3 Any reference in this Agreement to the Digital Media shall be to each individual item within the Digital Media and also to the Digital Media taken as a whole.
1.2 Permitted Uses and Rights.
Subject to the terms of this Agreement:
1.2.1 Licensee has the non-exclusive, non-transferable, non-sublicensable right to copy, reproduce, transmit and display the Digital Media an unlimited number of times in any and all media for the following purposes:
· Advertising and promotional materials;
· Online or Electronic Distribution Systems, including Web page Design to a maximum resolution of 72dpi;
· Broadcast and Theatrical Exhibitions;
· Publications and Products; and
· Any other uses approved in writing by Licensor.
1.2.2 Licensee has the right to have the Digital Media reproduced by subcontractors of Licensee, provided that such subcontractors agree to abide by the restrictions of this Agreement.
1.2.3 Licensee may alter, crop, manipulate and create derivative works of the Digital Media.
1.2.4 Licensee's rights to the Digital Media are worldwide and perpetual.
1.2.5 Licensor reserves all rights not expressly granted to Licensee herein.
1.4.1 Licensee may not sublicense, sell, assign, convey or transfer any of its rights under this Agreement but Licensee may sell or license derivative works incorporating the Digital Media in accordance with the Permitted Uses. Licensee may not sell, license or distribute its work in such a way that Licensee's customer can extract or access the Digital Media as a stand-alone file.
1.4.2 Digital Media shall not be incorporated into a logo, trademark or service mark.
1.4.3 Licensee may not post the Digital Media online with the intent that the image is available for free download or via payment.
1.4.4 The Digital Media may not be used in a pornographic, defamatory, libelous or otherwise illegal manner, whether directly or in context or juxtaposition with other materials.
1.4.5 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 Licensed Material, and 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.
1.4.6 Licensor does not grant the right to use any of the images in photo based products where the primary product is an image e.g. poster, post card, puzzle, electronic greeting card, print, cd, dvd, slide, book of photos where the majority of images are from Science & Art.
2.1 Licensee agrees to indemnify and hold Science & Art Images harmless against all claims arising out of any breach of this Agreement. Some of the images containing people with recognizeable faces e.g. Rodeo pictures do not have model releases and therefore should not be used for product advertisement, unless the face is blurred out or the face is not discernably recognizeable. The photo of the women researcher can be used as there is a model release. Other images of people have been from behind or the side so their faces are not discernably recognizeable.
3.1 Licensor warrants the Digital Media to be free from defects in material and workmanship for 30 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the Digital Media.
3.2 LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE DIGITAL MEDIA, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LICENSOR SHALL NOT BE LIABLE TO 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 LICENSEE'S USE OF THE DIGITAL MEDIA, THIS AGREEMENT, ANY INVOICE REGARDING THE DIGITAL MEDIA OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES.
4. Termination and Revocation
4.1 The license contained in this Agreement will terminate automatically without notice from Licensor if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately (i) stop using the Digital Media, (ii) destroy or, upon the request of Licensor, return the Digital Media to Licensor (in the case of analogue materials), and (iii) delete or remove the Digital Media from Licensee's premises, computer systems and storage (electronic or physical).
4.2 Licensor reserves the right to revoke the license to use the Digital Media for good cause and elect to replace such Digital Media with alternative Digital Media. Upon notice of any revocation of a license for any particular Digital Media, Licensee shall immediately cease using such Digital Media and shall ensure that its clients and customers do likewise.
5.1 If one or more of the provisions contained in the 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.
6. Choice of Law
6.1 This Agreement will be governed in all respects by the laws of the province of Alberta, Canada.
7.1 No action of Licensor, other than express written waiver, may be construed as a waiver of any provision of this Agreement.
8. Entire Contract
8.1 This contract contains all the terms of the license agreement and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of both parties.