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EULA (end user license agreements) FOR ROYALTY FREE IMAGES
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 and to you as a representative of your employer.
I -Terms and conditions for formation of the agreement
1) Grant of License
BIOS grants you a non-transferable, nonexclusive, non-sub licensable, worldwide, perpetual license to store, reproduce and use the specific image(s) that you have purchased during this transaction, for your own use in any print or electronic advertising, editorial or corporate project, promotional materials, broadcast, multimedia, publishing.
The image(s) may be shared within a network or similar asset management system as long as no more than ten (10) individuals (including you) employed by the same entity (except as noted below) have access to the image(s). THIS IS NOT A SIMULTANEOUS USE LICENSE.
Only one (1) user may access or use the image(s) at one time with up to a maximum of ten (10) users (within the same legal entity entering into this license) who may access or use the image(s).
If you are an intermediary (e.g. an advertising or design agency) the image(s) must only be used by one client of yours, who must agree to be bound by the terms of this agreement. For the image(s) to be used by any additional client(s) you must purchase additional license rights from the distributor of the image(s). You may allow individuals employed by your one client to have access to the image(s), provided the total number of individuals with access to the image(s) (including all those within your organization and the client) remains no more than ten (10). 2) Restrictions on Use
As provide herein, licensee may not:
- Sublicense, sell, assign, convey or transfer any of its rights under this agreement.
- Sell, license or distribute its final product in such a way that permits licensee's end users to extract or access the image(s) as a stand-alone file.
- Use the image(s) in commercial products where the image(s) make up a significant part of the re-sale value of the product (i.e., postcards, posters, calendars, etc.). For such usages of an image you must acquire additional one time license from BIOS.
- Incorporate the image(s) into a logo, trademark or service mark.
- Distribute, post, or upload the image(s) online in a downloadable format.
- Enable the image(s) distributed via mobile telephone or other mobile devices.
- Use any image(s) in a pornographic, defamatory, libellous or otherwise illegal manner, whether directly or in context or juxtaposition with other materials. 3) Product Endorsement or Sensitive Use Disclaimer
If any image(s) featuring a model is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or if the depiction of the model is used in connection with a subject that would be unflattering, embarrassing or unduly controversial to a reasonable person, licensee must accompany each such use with a statement that indicates that the person is a model and the image(s) is being used for illustrative purposes only. 4) Copyright Reservation of Rights and Protection of Intellectual Property
All images are owned by BIOS and/or the photographer(s) who shot the images and/or its licensors and are protected internationally by copyright and other applicable laws. All rights not specifically granted to you by this agreement are reserved. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to comply with the terms of this agreement.
Mentioning the copyright “name of the photographer / name of the licensor / BIOSPHOTO” is obligatory. 5) Ownership
Ownership of the images always remains with BIOS and/or the photographer(s) who shot the images and/or its licensors. Recipient does not acquire any right, title or interest in or to any image by the download of an image or by the granting of the license to reproduce an image. Full credit and copyright information must remain with the image(s) file. Licensee must retain the copyright symbol, the name of BIOSPHOTO, the licensed material's identification number and any other information as may be invisibly embedded in the electronic file containing the original licensed material. 6) Warranty
Digital files are provided “as is”.
BIOS makes a commitment, for only compensation of the impossibility to use the image, to supply a new digital copy of this one or, if BIOS considers it necessary, to pay off the amount of the already paid royalty in case the image is not used yet.
BIOS makes no representation or warranties express or implied with respect to images or to digital files included but not limited to any implied warranties of merchantability, fitness for any particular purpose, non-infringement, quality of image, or compatibility with any computer hardware or other equipment, operating system or software program.
Without limiting the foregoing,
BIOS gives no rights or warranties with respect to the use of names, trademarks, logo types, registered or copyrighted designs or works of art depicted in any image and the user must satisfy itself that all necessary rights, consents or permission as may be required for reproduction are secured.
BIOS identified the caption for each image to the best of its ability, but cannot be held responsible for erroneous or incomplete caption information. 7) Releases
No model releases or other releases exist on any image unless the existence of such release is specified in writing by BIOS. Always double check with us. Recipient shall indemnify BIOS against all claims arising out of the use of any image where the existence of such release has not been specified in writing by BIOS. In any event, the limit of liability of BIOS shall be the sum paid to it per the invoice for the use of the particular photograph involved. User will hold BIOS harmless from all claims for the use of the image(s), including defamatory use. 8) Breach and Termination
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 stop using the images(s), destroy or, upon the request of licensor, return the image(s) to licensor, and delete or remove the image(s) from licensee’s premises, computer systems and storage (electronic or physical). 9) Entire Agreement
This agreement supersedes all prior negotiations and agreements between the parties with respect to its subject matter and constitutes a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This agreement may not be amended or modified except in writing signed on behalf of all parties hereto. 10) Revocation of images
BIOS reserves the right to discontinue the use of any image for any reason and elect to replace the image with an alternative image. Upon notice of any discontinuance of a license for a particular image, you and your client, if applicable, agree not to use the image in the future. 11) Severability
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. 12) Waiver
No action of licensor, other than express written waiver, may be construed as a waiver of any provision of this agreement. 13) Jurisdiction
In case of dispute, only the jurisdictions of Aix en Provence will be competent and only the French laws will be applicable.