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Standard Commercial Image License

Introduction

This is a legal agreement between you (Client) and Viktor Kery Photos. This agreement applies when the Client purchases or licenses any photography services or related deliverable images (Licensed Content) from Viktor Kery Photos. By purchasing, downloading or using Licensed Content provided by Viktor Kery Photos, the Client agrees to the terms described within this license contract.

License Type

This Standard Commercial Photography License Agreement (Standard Commercial License) allows the client to use Licensed Content in accordance with predetermined guidelines, as outlined in the Licensed Content Usage section below.

Licensed Content Usage

This Standard License allows the Client to use Licensed Content without expiration, in any geographic region, for an unlimited number of times. The Client may use Licensed Content for personal or commercial reasons, in any medium or format, except as outlined in the Restricted Usage section of this agreement.

The Client’s subcontractors may NOT access and use Licensed Content without prior written permission from Viktor Kery Photos.

Restricted Usage

The Client understands and agrees to the following restrictions on the use of Licensed Content:

  • Unlawful Use – The Client will not use Licensed Content in any defamatory manner, or in violation of any applicable laws.
  • Redistributing, Reselling – Client shall not resell, sub-license or redistribute the Licensed Content without the prior written permission from Viktor Kery Photos
  • File Storage – The Client will not store such copies in any manner that allows for downloading or redistributing the file in its original format.
  • Pornographic Use – The Client will not use Licensed Content in relation to any pornographic subject matter.
  • Sensitive Use Disclaimer – If the Client uses Licensed Content in connection with subject matter that could be interpreted as controversial in nature, the Client agrees to indicate that the Licensed Content is for example purposes.
  • False Representation – The Client will not falsely represent that they are the original creator of the Licensed Content. Use of licensed images without attribution is not considered False Representation.
  • Template Usage – The Client will not use Licensed Content for the creation of digital templates intended for resale or other distribution.

Intellectual Property Rights

The Client understands that Viktor Kery Photos retains all ownership and copyrights to Licensed Content. Any rights not expressly granted in this agreement are reserved by Viktor Kery Photos. The Client is granted limited use of the Viktor Kery Photos names and logos for the purpose of attribution.

License Termination

Viktor Kery Photos may terminate this agreement at any time if the Client breaches the terms of this or any other agreement with Viktor Kery Photos. When this agreement is terminated, the Client agrees to cease using Licensed Content specified by Viktor Kery Photos, and destroy any stored copies of such data.

Representations and Warranties

Viktor Kery Photos does not guarantee the accuracy of Licensed Content categories, descriptions, keywords, captions or titles. The Client agrees that all Licensed Content is provided “as is” without representation, warranty or condition of any kind.

Indemnification

The Client agrees to indemnify and hold harmless Viktor Kery Photos from any and all liabilities, damages and expenses stemming from the use of Licensed Content.

General Provisions

The Client understands and agrees to the following general provisions of this contract:

  • Assignment – The Client is bound by this agreement and may not assign it to other individuals or businesses without the express written consent of Viktor Kery Photos. Viktor Kery Photos reserves the right to assign this agreement to any successor, without notice or consent.
  • Licensed Content Audit – The Client agrees to provide Viktor Kery Photos with samples, photographs or illustrations of Licensed Content in use. Viktor Kery Photos may audit the Client’s usage of licensed content to ensure compliance with this agreement. If the Client is found to be using Licensed Content in a manner outside of accordance with this agreement, the Client agrees to reimburse Viktor Kery Photos for the cost of the audit.
  • Governing Law – This agreement shall be governed by the Laws of England & Wales.
  • Severability – If any of the provisions of this agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions will not be affected.
  • Entirety – No terms or conditions outlined in this agreement may be modified by either party without the express consent of both parties, in writing.
  • Notice – Any notices for Viktor Kery Photos pertaining to this agreement or Licensed Content should be sent via email to viktor@keryviktor.net. Viktor Kery Photos will send any such notices to the Client’s email account used when scheduling photography services or purchasing or registering Licensed Content.

Questions or comments about this license agreement may be emailed to viktor@keryviktor.net.

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