Stockbyte 22: Traditional Christmas/Stockbyte 22 - Traditional Christmas.iso/pc/Licence.txt

Text File | 2000-01-17 | 10KB | 258 lines

Stockbyte Royalty Free Licence
Applies to Images Purchased online and on CD ROM

THIS AGREEMENT is made on the day of purchase BETWEEN
STOCKBYTE<TM>of Tralee (hereinafter called "the Company")
of the one part and you the user (hereinafter referred to
as "the Licensee") of the other part. In consideration of
you paying the agreed licence fee and inconsideration of
your agreeing to be bound by the terms and conditions
contained in this legal agreement, Stockbyte<TM> agrees
to allow you to use the image/s in the manner permitted
by this Agreement on the terms and conditions as follows:

1 Grant of Rights

1.1 In consideration of the obligations,warranties and
undertakings of the Licensee in this Agreement, and
subject to and conditional upon their full and timely
performance and observance, the Company grants to the
Licensee a non-transferrable non-exclusive licence to use
the photographic images

1.2 The image/s may be accessed and used by the Licensee
and up to nine other people employed by the named entity
which purchased the image/s, on a computer network. For
sharing on larger networks, an upgrade licence is
required.

2. Warranties of the Company

The Company warrants, agrees and undertakes with the
Licensee that:

2.1 To the best of the Company's knowledge, the
photographic works the subject matter of this Agreement
are not defamatory, obscene or blasphemous, and do not
infringe any rights of copyright or other intellectual
property or proprietary rights of third parties, but no
right of action shall accrue against the Company in the
event of the said photographic works being deemed or
found to be defamatory, obscene or blasphemous or an
infringement of third party rights.

2.2 The Company warrants that all permissions and
consents required in relation to the exploitation of
persons and individuals featured in the said photographic
works have been obtained but that this permission
expressly and exclusively relates only to activities and
uses permitted by the terms of this Agreement as outlined
above. Furthermore,no claim or action of any sort can
arise against the Company in this Agreement for the use
of these images and no liability Licensee to comply with
the terms of this Agreement.

3. Remuneration
3.1 The Licensee agrees to pay in advance for the
licensed use of the photographic images and data as
agreed under the terms of this Agreement in advance of
any use of such images or data.
3.2 The Licensee warrants, undertakes and accepts that
permission to use the said photographic works, the
subject matter of this Agreement will only be deemed to
have been given after receipt by theCompany of the agreed
remuneration, and the Licensee fully accepts that the
Licensee has no right to use the said photographic works
in any manner until the said remuneration has been paid.

4. Warranties of the Licensee

The Licensee warrants and undertakes, confirms and agrees
 with the Company:

4.1 That all rights of a proprietary and copyright nature
and title in and to the photographic works and materials
are expressly acknowledged as the property of the Company
and subject only to the non-exclusive, non-transferrable
licence contained in this Agreement, which does not
confer any copyright or proprietary rights of any nature
whatsoever on the Licensee aside from the uses specified
in this Agreement.

4.2 The Licensee shall use the photographic works in the
manner and in the context  agreed by the Company and as
outlined in this Agreement and shall not by any act or
omission impair or prejudice the copyright in the
photographic works, or violate any moral right or deal
with the photographic works or materials so that any
third party might obtain any lien or other right of
whatever nature incompatible with the rights of the
Company, and nothing may be superimposed, inserted,
transposed, merged or added to the said photographic
works nor may they be altered or distorted in any way
or used in any fashion which could be regarded as
derogatory, offensive, blasphemous, defamatory, libellous
, obscene or pornographic Furthermore, no part, segment
or piece of any photographic image or data, no matter how
small, may be used or merged in connection with other
images or artwork so as to create a new image which could
be regarded as derogatory, offensive, blasphemous,
defamatory, obscene, pornographic or libellous.

4.3 The Licensee shall ensure that all copies of the
photographic works and materials published and
distributed by the Licensee shall contain full and
accurate copyright notices, credit attributions and
acknowledgements that the copyright is retained in the
works by the Company, and that reproduction is permitted
under limited licence from the Company.

4.4 The Licensee shall give full particulars to the
Company as soon as the Licensee becomes aware of any
actual or threatened claim by any third party in
connection with the photographic works.

4.5 The Licensee shall retain total control and
possession at all times of the photographic works and
materials and ensure that these are kept in safe and
secure storage facilities and shall not allow the
photographic works or materials to fall into the hands
of third parties who are not licensed by this Agreement.

4.6 The Licensee shall indemnify and keep fully
indemnified the Company from and against all actions,
proceedings, claims, demands, costs (including any legal
costs compensation costs and disbursements paid by the
Licensee on the advice of their legal advisors to
compromise or settle any claim), awards and damages
arising directly or indirectly as a result of any breach
or non-performance by the Licensee of any of the
Licensee's undertakings, warranties or obligations under
this Agreement.

4.7 The Licensee warrants and undertakes not to assign or
licence the use of the photographic works and materials
or any image or any portion thereof for any purpose other
than those purposes specifically agreed between the
Company and the Licensee under this Agreement. In
particular, the Licensee may not loan, rent, hire or
otherwise transfer or purport to transfer the right to
use the photographic materials or works in any way to
any other person or entity.

4.8 The Licensee accepts that the Company supplies the
photographic works and materials "as is" and that the
Company makes no warranty either express or implied of
merchantability, fitness for purpose, type or quality of
image or compatibility with any other facility. The
company shall not be liable for any of the use of the
said photographic works either as permitted under this
Licence Agreement or otherwise.

4.9 The Licensee accepts and warrants that use of the
photograph images, and data shall not infringe any
third party rights, of any nature, and any liability
for the infringement of third party rights, of
whatsoever nature, shall rest with the Licensee.

5. Determination

It shall constitute repudiation by the  Licensee of its
obligations under this Agreement if:

5.1 The Licensee fails to pay any amount due under this
Agreement within two weeks of the due date.

5.2 The Licensee is in breach of any other term of this
Agreement.

5.3 Any of the Licensee' representations shall prove to
have been incorrect.

5.4 The Licensee is declared or becomes insolvent or
bankrupt, or the Licensee is put into examinership,
receivership, administration or liquidation. The Company
reserves the right to accept such repudiation on the part
of the Licensee and to determine the Licence Agreement
forthwith and to demand the immediate return of all
photographic works and materials in whatever form
supplied or held created or produced by the Licensee.

6. Miscellaneous

6.1 The provisions of this Agreement shall be governed
by and construed in accordance with the laws of Ireland,
whose courts shall be the courts of solejurisdiction in
relation to this Agreement.

6.2 This Agreement contains the full and complete
understanding between the parties, and supersedes all
prior arrangements and understandings whether written
or oral appertaining to the subject matter of this
Agreement, and may not be varied except by an instrument
in writing signed by all the parties to this Agreement.

Please carefully read the full text of your Licence
Agreement. By using the images you are consenting to the
full terms of the licence.

Contacting Stockbyte

Toll Free/Freephone

Austria [phone] 29 83

Germany [phone] 29 83


Ireland 1800 379 379

Northern Ireland 0800 90 91 90

Switzerland [phone] 29 83

United Kingdom 0800 90 91 90

United States/Canada 1800 660 9262

Toll Free Fax [phone]

Universal Freephone
[phone] 29 83


International Phone Numbers

United States
Phone [phone]
Fax [phone]

Europe
Phone ++353 66 7122139
Fax ++353 66 7180376

email

Sales/Administration
[e-mail]

Company President, Jerry Kennelly
[e-mail]

Mailing Address

Stockbyte,
Killarney Road,
Tralee Co.Kerry,
Ireland.

Stockbyte<TM> is a trademark of Star Media Ltd. <TM>.
All other trademarks and logos are the property of their
respective owners.

⌐  Stockbyte<TM> 2000.

All rights reserved.


Made in Ireland.