User License Agreement for TongRo Image Stock Royalty-Free Products
1. Definition
A. The term "product" or "products" as a single product or collectively means every and all kinds of images of photos, illustrations, and so forth which are recorded, contained in the forms or types of film, CD or DVD or made in the forms of digital data that are protected by the copyrights or other intellectual property rights of TongRo Image Stock.
B. "Reproduction" and "Reproduce" mean any form of copying or publication of the whole or part of the products, via any medium by whatever means, and the distortion or manipulation of the whole or any part of the products and the creation of any derivative work from the products.
C. The term "licensee" means a person which is licensed to reproduce a product or products outside the Republic of Korea.
D. User License Agreement in English applies to outside of Korea.
2. Licensed Rights
A. The scope of right licensed to licensee to use or reproduce a product or products is as follows:
1) For advertisement or promotion
2) For broadcast or display on theater
3) For printed publications or merchandise
4) For electronic or digital publications including web-designs wherein the maximum image resolution shall be 72 dpi.
5) For other purposes agreed with TongRo Image Stock.
B. The licensed right or rights are applied worldwide and permanent.
3. Limitation
A. Licensee can store the products in a digital form or forms on a network so that his or her users, partners or clients can see them. However, in case the products are used by 10 or more persons, additional seat license shall be obtained from TongRo Image Stock. For additional seat license, licensee can inquire TongRo image Stock or its sales agency.
B. Licensee cannot sublicense, sell, transfer, assign, deliver or transmit this Agreement or any right under this Agreement. Licensee shall not include the product for the purpose of reproduction in an electronic or digital form or printed products by any third party.
C. Licensee cannot sell, license or distribute any derivation which includes the product in any form allowing any third party to download, abstract or access to the product as a single file.
D. The product cannot be applied to a logo, a trademark, a service mark, etc.
E. Licensee cannot upload the product in a form so that it can be or may be distributed online or by a cellular phone or by a wireless phone.
F. If any products featuring a model is used in (i) a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service; or (ii) connection with a subject that would be unflattering 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 product is being used for illustrative purposes only.
G. The product cannot be used in connection with or for pornography, defamation or any illegal element.
H. Licensee must comply with this limitation by TongRo Image Stock before or when delivering or transmitting the product.
I. In case the product is used in or for any editorial purpose, licensee must indicate the following information without fail:
TongRo Image Stock
J. Though the caption information of the product is made accurately, TongRo Image Stock does not guarantee the accuracy or correctness of the information.
4. Copyright
As mentioned in this Agreement, the copyright for the product belongs to TongRo Image Stock and is not transferred to licensee. (However, the right for using the person, architecture, place, trademark, etc. in the product may not be possessed by TongRo Image Stock, and licensee shall obtain the license to use such.)
5. Warranty and Limitation of Liability
A. TongRo Image Stock guarantees the following:
1) TongRo Image Stock possesses and holds all necessary rights for performing this Agreement.
2) The product will not have an error or defective for service for 30 days from the date of shipment. (The maximum liability for compensation to licensee is the replacement with another product.)
B. When using the product as its original form according to this Agreement, licensee shall not violate any copyright, morality, trademark or intellectual property right and shall not violate privacy or rights of publicity.
C. TongRo Image Stock makes no other warranties, expresses or implied, regarding the product, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. TongRo Image Stock shall not be liable to licensee or any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of licensee's use of the product or otherwise, even if TongRo Image Stock has been advised of the possibility of such damages, costs or losses.
D. The statement and guarantee of TongRo Image Stock under this Agreement is applied only to the product that TongRo Image Stock delivers or transmits. In case licensee has used the product for or in the place which is not licensed under this Agreement or in case licensee has failed to perform this Agreement, it shall not be applied.
6. Validation, Change and Termination of Agreement
A. In case the seal of the package is broken or images are downloaded online, this Agreement is applied to licensee. In addition, this license Agreement is validated only when the product is registered online or the filling out the form accompanied is delivered to TongRo Image Stock or its sales agency by mail or fax.
B. The contents of this Agreement can be changed or revised by TongRo Image Stock on its independent discretion, and the revision or change will be posted on the website of TongRo Image Stock and will be e-mailed only to licensees who registered the product.
C. The contents of the product can be added or deleted by TongRo Image Stock on its independent discretion. Such addition or deletion will be posted on the website of TongRo Image Stock and will be e-mailed only to licensees who registered the product.
D. The license under this Agreement shall be automatically terminated by TongRo Image Stock without notice when licensee does not comply with the provisions of this Agreement. When terminated so, licensee must immediately i) cease to use the product, ii) destroy or return the product upon the request of TongRo Image Stock, iii) delete the product from the computer or storing device of licensee.
E. TongRo Image Stock can withdraw the license or can replace any product with another.
7. Other Provisions
A. Unauthorized Use
Any use of the product which is not licensed under this Agreement or any failure to perform any provision of this Agreement shall be violation of and infringement upon the copyright. For any such unauthorized use of the product, TongRo Image Stock has the rights for compensation under the Universal Copyright Convention concerning such violation or infringement. Licensee shall be responsible for the results of an infringement on any copyright including any claim by a third party.
B. Governing Law
This Agreement shall be governed by the law of the Republic of Korea. Any dispute or enforcement arising from or in connection with this Agreement shall be arbitrated and resolved by the law of the Republic of Korea.
C. Severability
In case one or more provisions of this Agreement becomes invalid or illegal or enforced by law, the rest of the provisions of this Agreement shall not be affected thereby. Such a provision or provisions shall be revised within the necessary scope.
