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Purchase Agreement
IMAGE
PURCHASE/LICENSE AGREEMENT
Any image purchased from UK Classic Bus Photos ("busphoto.co.uk”)
is sold/licensed pursuant to the following terms and conditions. By
purchasing & downloading the image, you will acquire a license to the image
as set forth herein, and you agree to abide by the terms of this
Agreement. The following is a legal and binding agreement between UK
Classic Bus Photos and the Licensee.
Definitions of Terms
Licensee
The Licensee is the specific person or organization whose details
are recorded on the UK Classic Bus Photos account from which the image is
purchased/licensed. An invoice will be generated to such person or
organization when an image is purchased/licensed pursuant to this Agreement.
Sold without Copyright
Images are sold/licensed for a one-time fee. The
Licensee’s use is limited by the size of the file purchased/licensed from UK
Classic Bus Photos and by the license terms set forth in this Agreement.
All images are sold/licensed on a non-exclusive basis for an indefinite period
of time.
Use and Terms
Sold without Copyright License
Upon UK Classic Bus Photos’s receipt of payment in full for an
image license, UK Classic Bus Photos grants to Licensee a limited, personal,
non-exclusive, perpetual, non-assignable license to make, use, reproduce, copy,
modify, perform, and display the image as it exists on the date of full payment
to UK Classic Bus Photos. Licensee acknowledges that nothing in this
Agreement provides Licensee with any other rights in the image, except as stated
herein, or any derivative works not developed by Licensee.
Licensee may alter or manipulate a licensed image for the
purpose of color matching or concept reasons. Licensee shall not increase
the file size of smaller purchased/licensed images with digital interpolation
as this will result in significant quality loss and is therefore strictly
prohibited. No images licensed from UK Classic Bus Photos may be
further distributed by Licensee to third-parties other than as part of final
works prepared by Licensee as permitted by this Agreement.
Assignability
Licensee shall not assign this Agreement, or the rights
granted hereunder, for any purpose or at any time. Any such attempted
assignment, whether by operation of law or otherwise, shall be void. Licensee
indemnifies and agrees to hold UK Classic Bus Photos harmless from any and all
damages or losses, including indirect, incidental, special, statutory,
punitive, exemplary or consequential damages, arising in connection with any
violation this provision. It is understood that an "agent” or "agency”
may purchase/license an image for use by a specific client. Any such
purchased/licensed image may only be used for one specific client of the agent
or agency, the license rights granted herein shall only extend to such one
specific client of the agent or agency, and the license rights granted herein
are not transferable to another client of the agent or agency. Images
purchased/licensed from UK Classic Bus Photos may not be resold without the prior
express written consent of UK Classic Bus Photos.
Copyright
All images in the UK Classic Bus Photos archive are
protected by copyright laws and international copyright treaties and such
copyrights are held by the respective copyright holders for the images.
No transfer of copyright will take place through the purchase of a license from
UK Classic Bus Photos, and no transfer of copyright shall accrue through the
manipulation or retouching of an image for which a license has been purchased
from UK Classic Bus Photos. Any image, or portion thereof, licensed from
UK Classic Bus Photos will remain as the copyrighted image of the copyright
holder and may not be distributed, used, licensed or sold to any third party,
other than as set forth herein.
Unauthorized
Use
There are limits to the use of licensed images, even with
regard to images subject to the Royalty Free License. The rights and
licenses granted in this Agreement expressly exclude the following:
- Use without proper payment in full;
- Use of images as or within a company logo, trade name,
trademark or service mark;
- Unlawful use or use in furtherance of unlawful matters; or
- Use in association with unauthorized use of existing
trademarks, logos, artwork or other copyrighted material.
- Use of images in any goods or services (printed on paper,
canvas or any other media) for resale, license or other distribution for
profit, including using or displaying images on websites or other venues
designed to induce or involving the sale, license or other distribution of "on
demand” products, tangible or electronic formats including, but not limited to,
greeting cards, mugs, posters, postcards, electronic templates, t-shirts and
other items; and installation and use of images in more than one location at a
time or posting a copy of the images on a network server or web server for use
by other users.
Images may not be used for sensitive material without the
express prior written consent of UK Classic Bus Photos and the licenses granted
herein expressly excludeuse of images for sensitive material. Sensitive material includes, but is
not limited to:
- Pornographic material;
- Use of the image in a manner that may depict the model or
image in a negative light;
- AIDS, cancer, bladder, or intestinal diseases or other chronic
ailments;
- Mental deficiencies, alcohol, drug or substance abuse;
- Gay, lesbian, or transgender related material; and
- Financial destitution, income loss or death.
If you have a sensitive use topic or believe you may have such a
proposed use of an image, we encourage you to contact us directly in writing to
request a separate use agreement.
Image/File Storage
Licensee may store a licensed image on a single storage device
such as a hard drive or CD, plus one other backup copy only. Licensee must
take all appropriate precautions to prevent unauthorized use or distribution of
any images licensed from UK Classic Bus Photos.
Intellectual Property Ownership / Disclaimer
UK Classic Bus Photos makes no representations or warranties as
to the ownership of logos, trademarks, property rights, or other proprietary
rights appearing in, or embodied by, a UK Classic Bus Photos image. See
the details on the display image or please call us directly.
THE LICENSED IMAGES ARE PROVIDED AS IS, WITHOUT ANY WARRANTY
WHATSOEVER.
Term
UK Classic Bus Photos may terminate this Agreement at any time
by giving notice to Licensee: (i) if Licensee breaches its payment obligations
to UK Classic Bus Photos; (ii) if Licensee breaches the restrictions set forth
herein on use of a licensed image; or (iii) if Licensee files a petition in
bankruptcy, is adjudicated bankrupt, makes a general assignment for the benefit
of its creditors, or is voluntarily or involuntarily dissolved.
Indemnification
By accepting this contract, Licensee agrees to indemnify and
hold harmless, UK Classic Bus Photos and its affiliates, if any, officers,
directors, employees and agents, harmless from and against any and all claims,
demands, actions, costs, liabilities, losses and damages of any kind (including
attorney's fees) resulting from (i) improper use of an image, (ii) Licensee’s
breach of any provision of this Agreement, or (iii) the misconduct of the
Licensee or its client(s).
The Licensee will cooperate as fully as reasonably required in
UK Classic Bus Photos’s defence of any claim. UK Classic Bus Photos reserves
the right, at its own expense, to assume the exclusive defence and control of
any matter otherwise subject to indemnification by Licensee, and Licensee shall
not in any event settle any matter without UK Classic Bus Photos’s written
consent.
Miscellaneous
This Agreement, together with the Terms of Use, set forth the entire
agreement and understanding between the parties with respect to the subject
matter hereof. Any oral representations or modifications concerning this
instrument shall be of no force or effect unless contained in a written
modification signed by a duly authorized officer or agent of the party to be
bound thereby.
In the event that one or more portions of this Agreement shall,
for any reason, be held to be unenforceable, the remaining portion will remain
in full force and effect. The headings used throughout this Agreement are
solely for convenience of reference and are not to be used as an aid in the
interpretation of the Agreement. Nothing in this Agreement shall prevent
UK Classic Bus Photos from complying with the law.
Site Usage, Site information and Services; Intellectual Property
Rights
You are hereby granted a limited royalty-free personal license
to view the content on the Site on your personal computer or other internet-compatible
device. Unless otherwise provided through any other applicable terms and
conditions to which you agree, including the Terms of Use, for image licenses, no
portion of the Site, Services or Site Information may be reprinted,
republished, modified, or distributed in any form without UK Classic Bus
Photos’s express written permission. You may not, and these Terms do not give
you permission to, reproduce, reverse engineer, decompile, disassemble, modify,
transmit, sell, distribute, license or create derivative works with respect to
the Site Services or any of the Site Information.
The Site and Services are expressly owned and operated by UK
Classic Bus Photos. Unless otherwise noted, the design and content features on
the Site and Services, including without limitation, information and other
materials, illustrations, product layout and design, icons, navigational
buttons, images, artwork, graphics, photography, text, data, audio sound,
software, URLs, and the like, as well as the selection, assembly and
arrangement thereof (collectively, the "Site Information"), are owned
by UK Classic Bus Photos or its affiliates, if any, or are licensed by UK
Classic Bus Photos from third parties. The Site and Services, as a whole and in
part, are protected by copyright, trademark, service mark, trade name, and
other intellectual property and proprietary rights, and all other applicable
rights are reserved.
Certain Site Information may be licensed from third parties and all such third
party Site Information and all intellectual property and proprietary rights
related to such third party Site Information belong to the respective third
parties. Site usage of third-party trademarks does not imply endorsement of the
Site by any such third-party mark owners. You may not remove any
copyright, trademark or other intellectual property or proprietary notice or
legend contained on the Site, Services, or the Site Information and you must
retain all copyright, trademark, service mark and other proprietary notices
contained on the Site, Services or in the original Site Information on any
authorized copy you make of the Site, Services or the Site
Information.
You agree not to sell or modify the Site, Services or the Site Information or
reproduce, display, publicly perform, distribute, or otherwise use the Site or
the Site Information in any way for any public or commercial purpose in any
other manner that is likely to cause confusion among consumers, that disparages
or discredits UK Classic Bus Photos or our licensors, that dilutes the strength
of UK Classic Bus Photos’s intellectual property or our licensor's intellectual
property, or that otherwise infringes on UK Classic Bus Photos’s or our
licensor's intellectual property rights. You further agree to in no other way
misuse the Site or the Site Information. We reserve any rights not expressly
granted by these Terms or the Terms
of Use for image licenses.