END USER LICENSE AGREEMENT (EULA) – Tom Clark Photography
Licensee agrees to render Services to Customer as follows:
(a) Access to download licensed Content for a period of 7 days (one week) from purchase. Customer shall be responsible for making any backup copy of any downloaded Content. Licensee is not responsible for providing future access to downloads of licensed Content after the download access time has expired.
(b) Grant of license to use Content as outlined in an Agreement for which license fee has been paid in full by Customer.
2. Access Rights.
Customer has temporary access rights to download Content from Licensee upon payment of license fees. Customer may not allow any third party or parties, whether through intent or by accident, to use access rights to Content at any time. Information transmitted to Customer by Licensee, such as download information, locations, URLs or login ids and passwords shall not be disclosed, posted, shared or otherwise made available to the public in any format.
3. Ownership Rights.
Licensee and/or original photographers shall retain all copyrights to Content provided Customer including copyrights to derivative works. Licensee has the rights to issue licensee to Content for a fee to Customer. Customer does not acquire any ownership rights to the Content or the Content after modification into a derivative work.
4. Usage Rights.
Customer is granted a non-exclusive, non-transferable license to use the Content per the terms of this Agreement.
Customer is allowed to share Content as needed to complete production of authorized usage, such as transmitting Content to separators, printers, and graphic designers working on the Customer’s project. Content transmitted to authorized third parties may not be used in any other manner by third parties.
Customer is granted a single-use worldwide license for use of the Content. Content may be used one time for one specific purpose. Any additional uses require additional license fees.
<< Customer must provide exact details of where, how and in what context the Content will be used. Customer must provide enough details to narrow the usage down to a known quantity. >>
- Include photographer’s copyright in connection with the use of the image. For example, magazines typically include the photographer’s name in the edge of the image, book publishers typically include photographer’s credits in the forward or appendix. Photographer’s copyright statement should be displayed as “Photo by <<Credits>>”, or “© <<Credits>>”. If it is not possible to include photographer’s copyright, a Permission Waiver must be granted by the photographer.
- Digital use of Content requires a URL hyperlink to the Photographer’s URL <<Domain>> in the usage credits. Examples include, but are not limited to, Content used in a web site, multimedia CD-ROM, DVD or software product.
- Include a statement that Content is used for illustration purposes only when using Content showing a recognizable person when such Content is used to endorse a product or service or may be unflattering to that person in any way. It is Customer’s responsibility in such cases to determine suitability of the image and consequences of use and to obtain written permission if unsure that Content should be used in such a manner.
Customer may use Content for the following purposes, which do not violate any other terms below:
- A design element for educational purposes. Examples include teaching materials and reports.
- A design element for editorial purposes. Examples include magazines, newspapers and reviews.
- A design element for commercial purposes. Examples include product packaging, web site illustration, books, promotional materials, advertising, business identity, video, games, etc.
- Single photo print use for décor.
Customer may NOT:
(a) Violate the rights of any other party.
(b) Violate any terms of this agreement.
(c) Resell or redistribute Content as-is or in a derivative form, by itself, or as part of a product where the Content’s digital files are included. Examples include, but are not limited to stock, image galleries, templates, and photo reprints.
(d) Transfer rights or allow a third party to resell or distribute Content.
(e) Make Content available over a network, peer-to-peer service, or any similar service.
(f) Access Content or Licensee services via automated means.
(g) Use Content in any defamatory, immoral, illegal, or adult materials.
(h) Use Content picturing recognizable people to imply endorsement for a product or service.
(i) Provide access codes such as download web pages and user login information to any other party. Downloads from different IP addresses from the same order will be considered downloading by other parties.
(j) Violate any laws or regulations of any country or state in which Content is used.