ROYALTY FREE LICENSE AGREEMENT
- Upon your payment of the purchase price for the Image, you are granted a non-exclusive, non-transferable right to use and reproduce the image in printed materials, or any electronic or digital form. In the latter case, each image should be incorporated into a design in such a manner to make it clear that the image is not intended to be separately downloaded, copied, or distributed and the image size in use must less than 800 pixels on the longest side.
The above is subject to the following restrictions. Without limitation, images may not be used:
- as a trademark or service mark
- for any pornographic, unlawful purpose or use
- to defame any person
- to violate any person's right of privacy or publicity
- to infringe upon any copyright, trade name, trademark, or service mark of any person/entity
- for uses covering sensitive subjects including, without limitation, topics that may depict the subject matter of an Image in a negative or unfavorable light or subject persons to ridicule
- use in retail photo products – these include, without limitation, greeting cards, calendars, postcards, stationery, mouse pads, clothing etc
- for a purpose in respect of which a model or property release is required should such a release not be available. You shall check that the image has the appropriate releases before using the image for such a purpose.
- "Non-transferable" means that the work you produce using an Image must be for your own use, or if purchased on behalf of your employer or client, your employer or client must be the end-user of your work. You may not sell, rent, loan, give, sub-license, or otherwise transfer to anyone the Image, or the right to use an Image, 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 Image
- You shall indemnify and defend the photographer against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) a breach of this Agreement, (ii) the use or modification of any Image or combination of any Image with any other material, (iii) your failure to abide by any restriction regarding the use of an Image, or (iv) any claim by a third party related to the use of an Image, alone or in combination with any other material. The photographer warrants ownership of the copyright for the Image.
- This Agreement shall be governed by the laws of the Republic of South Africa.