The following is a legal agreement between you, the Client, ____________, its representatives, successors, assigns, agents and affiliates, and Rein Nomm, the Photographer.
The images are copyrighted. All copyrights and other related rights are totally owned by Rein Nomm herein after referred as "Rein Nomm".
You shall have no ownership rights whatsoever to images provided and you will benefit solely from this user's license granted according to the terms and conditions contained herein.
Purchasing an image, using an image or otherwise exercising the rights granted under this agreement you agree to be bound by this Agreement.
In general terms, usage irrefragably presupposes that you have made yourself aware of the contents of this license and have agreed, without reservations, to the contents.
If you do not wish to accept the terms of this agreement and you have not used any Image or otherwise exercising the rights granted under this agreement, you may return the Image to Rein Nomm for a refund of the purchase price.
All rights not specifically granted in writing to you by this Agreement remain the exclusive property of Rein Nomm.
Your right to use an Image is subject to the restrictions set forth in this Agreement.
Grant of reproduction rights hereunder is conditioned upon your written acceptance of each term set forth in this End-User License Agreement, including but not limited to, receipt of payment in full by Photographer and placing of the required copyright notice on each use of Photographer's work.By this Agreement, Rein Nomm grants to you a non-exclusive, non-transferable right to use purchased images on the express condition that the following terms and conditions are duly complied with.
"Non-transferable," means that the work you produce using an Image must be for your own use, or for the use of your direct employer, client, or customer, who must be the end-user of your work. You may not sell, rent, loan, give, sublicense, or otherwise transfer to anyone either the CD or an Image, or the right to use the CD or an Image (except insofar as an Image has been incorporated by you into one of the permitted uses enumerated herein after), and nothing you produce shall grant or purport to grant to any third party a right to use or duplicate an Image. You agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the Images.
Permitted use of the Image.
The Image can be used in the following, and only the following, ways. Print Uses: editorials, newspapers, magazines, brochures, reports, catalogues, greeting cards, calendars, matchbooks; Multimedia Uses: page on Web sites, CD-ROMs, screensavers, electronic greeting cards, provided that no Image is at a resolution greater than 480 by 640 pixels and each Image is incorporated into a design in such a fashion that it is clearly not intended to be downloaded or copied.Length of Display: one time only in case of editorial use, 12 months in case of commercial use and web page.
With the price you pay you have the rights for one publication only, for a magazine and for the use you have indicated. It is understood that with the payment of $________ received, the Client is entitled to the non-exclusive, one-time use of the ______________ photo for a ___________________ of ___________ units under the conditions outlined below:
You may not place the CD or an Image on computer or other storage device, which is accessible by more than one user at a time via a network connection or otherwise.
If you are a natural person, you are considered to be the sole user of the Image, and consequently, the sole holder of this usage license.Use restrictions :
The user has no right to:
-- copy the image or the accompanying written materials.
-- reproducing or providing the image to more than 10 people, notably through duplication of the files or by making them available via an Internet, Intranet network, extranet, or through file sharing.
-- rent, sell, lend or otherwise grant rights to the image outside of the cases referred to above.
-- Pornographic, defamatory, negative, or otherwise unlawful use of the Image is prohibited.Duration:
This User's License shall remain in full force and effect throughout the entire duration of use of the image. It shall be terminated in the event the user does not comply with the terms and conditions hereof.Client agrees to destroy all digital files and all copies he has made of the image within one week of reproduction. If the files were sent on CD-ROM, all CD-ROM must be returned in undamaged condition within thirty (30) days of receipt.
The user incurs full liability for the use made of photographic image which may require specific authorization from any third party or parties, in regard to patent rights or copyright, or to the rights reserved for or by a legal entity and which are expressly excluded from this license.
Rein Nomm declines all responsibility relative to any use of these photographs which could constitute an infringement on the rights of third parties.
You agree to indemnify and hold Rein Nomm harmless against any damages or liability of any kind, claims, and expenses, including reasonable attorney s fees, arising from Client's use of Rein Nomm Images.
Rein Nomm shall not be liable for any indirect, consequential punitive, or incidental damages arising out of the use of, or the inability to use, the Image, even if Rein Nomm has been advised of the possibility of such damages. In no event shall Rein Nomm' liability (whether in tort, contract, or otherwise) arising out of or relating to your use of the Images or inability to use the Images exceed the fees paid by you for the Image.
Rein Nomm warrants for the period of 90 days, following the date of purchase, the purchased Image will, when properly used, be capable of performing substantially in accordance with the associated documentation. As Rein Nomm only responsibility and liability under this warranty, and as YOUR SOLE AND EXCLUSIVE REMEDY, Rein Nomm shall either (at his sole option) repair or replace the defective Image or refund the amounts paid for the image upon the return of the Image (CD or print) and all accompanying materials to Rein Nomm. THE FOREGOING WARRANTY IS IN LIEU OF, AND REIN NOMM HEREBY DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR ARISING BY LAW, WITH REGARD TO THE CD AND THE IMAGES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
The image is provided as is, under the guarantees provided above. All risks related to the results or performance of the image are assumed by the user.
Pursuant to the provisions of United States and international laws on Intellectual Property Right, all uses of the photographic Images is subject to the citation of the photographer's name, Rein Nomm.
A copyright protection credit must appear adjacent to the images for editorial uses:
© Year_date_of_job Rein Nomm, All Rights ReservedFor Non-Editorial use, Client will provide copyright protection by placing proper copyright notice on any use. Proper notice is:
© Year_date_of_job Rein NommAlterations
Client will not make or permit any alterations, additions, or subtractions in respect of the photographs, including without limitation any digitalization or synthesizing of the photographs, alone or with any other material, by use of computer or other electronic means or any other method or means now or hereafter known.Default
In the event of non-payment or other breach of this Agreement by Client, Client shall pay all of Photographer's costs and expenses incurred in connection with enforcement of the terms of this agreement, including Photographer's reasonable attorney's fees.Releases
Rein Nomm is not responsible for obtaining model, property, or other releases in connection with any of the photographs licensed herein.Copies
Client shall provide to Rein Nomm five (5) copies of each use of the photographs no later than the date of first publication.Governing Law
This Agreement shall be governed by the United States laws. Venue for any action respecting this Agreement shall be in the Michigan state courts, and you hereby consent to the jurisdiction of such courts. In the event of any award or judgment in favor of Photographer, or any settlement between Photographer and Client, arising from effecting and protecting Photographer's rights and benefits hereunder and/or any aspect of this agreement, Client shall pay all costs and expenses incurred by Photographer and/or Photographer's legal counsel related thereto, including, but not limited to, reasonable legal fees, arbitration and court costs, associated expenses, and legal interest on such award, judgment, or settlement.Back to Nomm de Photo