Comping Use License Agreement |
THIS IS AN AGREEMENT BETWEEN YOU AND SMALLSTOCK FOR LICENSING IMAGES FOR COMPING USE. PLEASE READ CAREFULLY THIS AGREEMENT. BY DOWNLOADING ANY IMAGE FROM THIS SITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT USE OR DOWNLOAD ANY OF THE IMAGES OFFERED IN THIS SITE.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THIS LICENSE AND ALL THE RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER.
ALL THE IMAGES INCLUDED IN THIS SITE ARE COPYRIGHTED AND ALL RIGHTS TO THESE IMAGES ARE OWNED BY SMALLSTOCK AND ITS LICENSORS. ALL RIGHTS THAT ARE NOT SPECIFICALLY GRANTED TO YOU BY THIS AGREEMENT ARE RESERVED.
Grant of License for Comping Uses
1.1 By this Agreement, SMALLSTOCK grants to you, personal, non-exclusive, non-transferable rights to use the Images displayed in this website, solely for viewing purposes or to create draft layouts and comps to present to your customers before final approval. You may download only one copy of the Images onto your computer hard drive for these limited purposes, being understood that such copies shall be destroyed after usage.
Unauthorized Uses
2.1 By the present agreement, you are not granted the right to:
| I) |
use the Images for any advertising, promotional or editorial use or any other use. |
| II) |
create derivative works, being anything sourced from or referenced from a pre-existing Image. |
| III) |
license, sell, publish or distribute any of the Images in whole or in part. |
| IV) |
place the Images online in a downloadable, FTP or other similar format. |
| V) |
use the Images in any defamatory, fraudulent or illegal way. |
| VI) |
Without limiting SMALLSTOCK's rights on the Images, any unauthorized use of Images constitutes copyright infringement entitling SMALLSTOCK to exercise all rights and remedies under applicable copyright laws and treaties. |
2.2 Unauthorized use of Images constitutes copyright infringement, entitling SMALLSTOCK to exercise all prosecutions applicable to copyright laws and treaties.
Indemnity
3.1 You agree to indemnify and hold SMALLSTOCK harmless from any and all claims, liabilities, damages, costs and expenses including lawyer's fees, arising from any unauthorized use of an Image.
Severability
4.1 Should any clause of the present Agreement be found unenforceable, whenever possible this will not affect any other clause and each will remain in full force and effect.
Law and Venue
5.1 This Agreement shall be governed by and construed in accordance with the laws of Spain. Any dispute arising hereunder shall be litigated solely in a competent court of jurisdiction in Mataró (Barcelona), Spain. This shall not preclude SMALLSTOCK from reserving the right to resolve a dispute in another competent jurisdiction.
END-USER License Agreement |
THIS IS AN AGREEMENT BETWEEN YOU AND SMALLSTOCK FOR LICENSING IMAGES FOR COMPING USE. PLEASE READ CAREFULLY THIS AGREEMENT. BY DOWNLOADING ANY IMAGE FROM THIS SITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT USE OR DOWNLOAD ANY OF THE IMAGES OFFERED IN THIS SITE.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THIS LICENSE AND ALL THE RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER.
ALL THE IMAGES INCLUDED IN THIS SITE ARE COPYRIGHTED AND ALL RIGHTS TO THESE IMAGES ARE OWNED BY SMALLSTOCK AND ITS LICENSORS. ALL RIGHTS THAT ARE NOT SPECIFICALLY GRANTED TO YOU BY THIS AGREEMENT ARE RESERVED.
Grant of License for Final User
By this Agreement, SMALLSTOCK grants you, personal, non-exclusive and non-transferable right to use and reproduce, for your own commercial or non commercial use, on a worldwide and perpetual basis, the images included in our website (the Images), in the following ways:
Print usage: refers to any type of printed, tangible materials including advertising, promotional materials, publications or products (including for sale products).
Non-print usage: refers to any digital or electronic materials including websites, multimedia presentations and CD-Roms provided that Image is at a resolution NO greater than 768 by 1024 pixels (72 ppi) and each Image is incorporated into a design in such a fashion that it is clearly not intended to be downloaded or copied by any third party.
Restrictions of Use
2.1 The rights hereby granted to you are non-transferable which means that any work that 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 sublicense, sell, loan or otherwise transfer to anyone any of the Images contained in our website or the right to use the Images except insofar as an Image has been included by you into one of the authorized uses referred to in Section 1 above, and nothing you produce shall grant or purport to grant to any third party a right to use or reproduce the Images. You hereby agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the Images.
2.2 If Images are licensed by a company, they may be shared by creating an Image library, Image storage jukebox, network configuration or similar arrangement as long as no more than ten (10) specific employees of the company have access to the Images. This is not a simultaneous user agreement.
2.3 Except as specifically provided in this Agreement you may not share or copy the Images or create a network of servers, either with or without a central location enabling others to share the Images.
2.4 You may not use the Image as part of a service mark or trademark or infringe on anyone's trade name, service mark or trademark.
2.5 You may not place the Image online or other electronic distribution systems in a downloadable , FTP or other similar format.
2.6 You may not use the Images for any fraudulent, infringing, or illegal manner.
2.7 You may make one copy of the Images for backup purposes only which shall only be used if the original copy becomes defective, or is destroyed or otherwise irretrievably lost.
2.8 Upon notice of discontinuance of a license for any particular Image, you agree not to use such Image in the future.
Indemnity
3.1 You agree to indemnify and hold SMALLSTOCK harmless against any damages or liability of any kind arising from any use of the Images other than the uses specifically permitted by this Agreement.
Limitation of Liability
4.1 Neither SMALLSTOCK nor its directors, officers, employees, partners, licensors, or agents shall be held liable for any indirect, consequential, punitive, or incidental damages arising out of, or the inability to use an Image, even if SMALLSTOCK has been advised of the possibility of such damages. In any event, the limit of liability of SMALLSTOCK shall be the fee paid for the particular Image.
Severability
5.1 Should any clause of the present Agreement be found unenforceable, whenever possible this will not affect any other clause and each will remain in full force and effect.
Law and Venue
6.1 This Agreement shall be governed by and construed in accordance with the laws of Spain. Any dispute arising hereunder shall be litigated solely in a competent court of jurisdiction in Mataró (Barcelona), Spain. This shall not preclude SMALLSTOCK from reserving the right to resolve a dispute in another competent jurisdiction.
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