IMAGE SOURCE LICENCE AGREEMENT
PLEASE READ THIS CAREFULLY BEFORE USING THE
WEBSITE AND ORDERING ANY IMAGES FROM US
You should read the whole of this agreement and once you have read this agreement you should either click on the Accept button at the end of the agreement to stipulate acceptance of these terms or click on the Cancel button and discontinue using the site. These terms apply to the sale and use of single images and collections of images and the purchase of the CD Rom containing images for sale by Image Source Limited. In the case of purchaser of the CD Rom breaking the seal on the CD Rom indicates your acceptance of these terms. If you do not accept or understand the terms you should promptly return the unopened and unused CD Rom package to Image Source Limited for a full refund.
If you click Accept you agree to be bound by the following terms and conditions.
1. Ownership of the Site and the Images
This website is owned and operated by Image Source Limited ("Image Source"). The contents and all materials featured and displayed on the website are either owned by Image Source or used with permission from the copyright owners and content providers of material on the website. The content of this website is owned by Image Source and includes, but is not limited to, all of the text, graphics, photographs, images, moving images, sound, illustrations and all software.
All elements of the Image Source website and the Images are protected by relevant intellectual property rights and laws throughout the world including laws relating to copyright, moral rights, trademarks and other laws. Unless expressly permitted under this Agreement you may not copy, transmit or retransmit or store any part of or the whole of this website via any means.
2. Information about you
Whilst Image Source fully respects any rights of privacy which you may have we set out below our policy in regards to any information which you provide to us:-
In order to fulfil your orders or to provide any services to you as our customer we will require you to provide us with certain information. This information may include a contact name and company name, your address, telephone number, fax and e-mail details as well as credit card numbers. If you provide this information to us you are agreeing to allow us to use that information to complete any transactions which you request from us. You acknowledge and agree that such information may, because of the very nature of the Internet, pass through a number of jurisdictions and countries and you agree to that happening.
3. Grant of Licence
Under copyright law you are not permitted to use any of the material or information or other content of this website without our permission. You are also not entitled to reproduce or use in any way the contents of the collection of photographs and images which you may order from us ("the Images") in whatever form the Images are provided (whether downloaded by you, delivered by us to you on a CD Rom or otherwise) for a fee specified in the website order form. In consideration of your agreement to the terms of this Agreement and the payment by you of the fees referred to you, the individual or entity whose name and address appears on the order for the Images, have the non-exclusive right to use the Images in limited applications as set out below.
3.2 You are permitted to:
3.2.1 Use and modify the Images subject to the restrictions contained in this agreement. You may not copy, rent, transfer or grant any rights to the Images or any compilation, derivative or other work containing the Images to any other person or organisation without our prior written consent. You may not use the product on more than twenty workstations or computers at a time nor on a network or multi user system. You may use the Images only on computers which are under your control and you may transfer the Images from one computer to another as long as the Images are not used on more than twenty computers at any one time. You may use the Images for your personal use or in your business or profession but you may not transfer the Images on a permanent basis to another person unless such transfer takes place within the scope of the terms of this agreement.
3.2.2 Use the IMAGES as follows: in comps, layouts for presentations, rough draft designs, storyboards, promotional and marketing materials, advertising brochures, editorial publications, presentations for sale, distribution or other similar uses. You may use the IMAGES in a product or publication which is produced for sale to the public.
3.3 In addition you must:
3.3.1 Not post any Image or Images or any material or content of our website on any other website or Internet bulletin board or load the Images online in a downloadable format or in any format with a resolution higher than 72 DPI/600k.
3.3.2 Ensure that these images are not used in association with or to create pornographic, defamatory or obscene images or any images or features which place the Images in a context which is in breach of any applicable laws or regulations.
3.3.3 Not alter, delete or add to any copyright or trade marks notices or markings inserted on the website, or the Images or any of them.
3.4 You acknowledge that the copyright in the Images and all intellectual property rights in the Images and in this website remains at all times vested in Image Source and you are not entitled to any copyright or other intellectual property rights except as expressly permitted under this Agreement. You further acknowledge that if any further copyrights or other rights arise in the Images as a result of your manipulation or alterations of the Images then the rights in such altered or manipulated Images shall automatically vest in Image Source and you will, on notice from us, execute such further documentation as is necessary to vest all such rights in Image Source. The terms of this Agreement apply to all such alterd or manipulated Images.
4. Term and Termination
4.1 The Licence granted under this agreement remains in force until terminated.
4.2 Your permission to use the Images will terminate automatically if you fail to comply with any term of this agreement. The agreement will also terminate without further action or notice by us if you become bankrupt, go into liquidation, suffer or make any winding-up petition, make an arrangement with your creditors, have an administrator, administrative receiver or receiver appointed or suffer or file any similar action in any jurisdiction in consequence of any debt.
4.3 Upon termination of this agreement for any reason you will destroy the Images together with any copies in any form, including copies on your hard and back-up disks, in your possession or control. You will provide us with written confirmation of such destruction from an authorised officer of your company or personally from an individual. Any use of any copies of the Images after termination of the Licence is unlawful.
Image Source warrants to you, as the original licensee, that:-
5.1 The Images when used properly will be usable by you; and
5.2 The media on which the Images are supplied by Image Source will be free from defects in material and workmanship under normal use.
The entire liability of Image Source and your exclusive remedy under the warranty given under this agreement will be, at Image Source's option, to either:-
5.3 Repair or replace the Images or the media upon which the Images are recorded which do not conform with the warranty; or
5.4 Refund the price paid for the Images and terminate this Agreement.
This remedy is subject to the return of the Images to us by you not later than five days after the end of thirty days from the date of your receipt of the Images.
6. Exclusion of other Warranties
Except for the express warranties in section 5 Image Source and its suppliers make and you receive no other warranties, conditions or representations, express or implied, statutory or otherwise, and without limitation the implied terms of satisfactory and merchantable quality and fitness for purpose are excluded. Image Source does not warrant that the operation of the Images or the website will be free or interrupted. It is your responsibility to ensure that the Images are suitable for your needs and the entire risk as to the performance and results of the use of the Images is assumed by you.
7. Disclaimer
7.1 In no event will either Image Source or its suppliers be liable for any direct, indirect, consequential, incidental or special damage or loss of any kind (including without limitation loss of profits, loss of contracts, business interruptions, loss of or corruption of data) however caused and whether arising under contract, tort, (including negligence), or otherwise.
7.2 If any exclusion, disclaimer or other provision contained in this agreement is held invalid for any reason and Image Source becomes liable for loss or damage that could otherwise be limited, such liability, whether in contract, negligence or otherwise will not exceed the amount actually paid by you for the Images.
7.3 Image Source does not exclude or limit liability to the extent that:-
7.3.1 Death or personal injury results from an act or negligence of Image Source; or
7.3.2 Liability arises in a jurisdiction which does not allow for the exclusion of certain implied warranties which would otherwise be excluded under this agreement.
7.4 You acknowledge that the allocation of risk in this agreement reflects the price paid for the Images and also the fact that it is not within our control how and for what purposes the Images are used by you. You further acknowledge the limitations of liability and disclaimer in this clause are reasonable as Image Source has (i) no knowledge of the specific use to which you will put the Images; (ii) no knowledge of the suitability of the Images to you and your business; and (iii) provided you with the opportunity to examine the Images on the website prior to their purchase by you from Image Source.
8. General
8.1 This agreement is the entire agreement between you and Image Source and supersedes any other oral or written communications, agreements or representations with respect to the terms of this agreement and the IMAGES.
8.2 If any part of this agreement is held by a court of competent jurisdiction to be unenforceable or unreasonable the validity of the remainder of the agreement will not be effected.
8.3 This agreement is governed by the laws of England and Wales whose courts are the courts of exclusive jurisdiction.
8.4 This agreement will not be governed by the United Nations Convention on contracts for the international sale of goods or any other similar convention or laws, the applications of which are expressly excluded.