RM (Rights Managed)
RF (Royalty Free)
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PhotoAbility Content License Agreement.

The following are the terms and conditions upon which we (hereinafter called the LICENSOR) will license to you (in this document, you will be referred to as "you" or the "LICENSEE") certain usage rights for items purchased from the LICENSOR, pursuant to the terms and conditions of this End User License Agreement (EULA or License). Items purchased from the LICENSOR may be entirely tangible, tangible with digital content and/or entirely digital format and will be hereinafter referred to as "MEDIA". PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY COMPLETING YOUR ORDER FROM THE LICENSOR BY MAKING PAYMENT THROUGH THE APPROVED PAYMENT METHOD, YOU IMMEDIATELY BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE.

Rights Managed Definitions

PhotoAbility has adopted the PLUS system of classification for rights managed images.
The PLUS Coalition is an international non-profit organization with a tightly focused mission: to simplify and facilitate the communication and management of image rights.

Commercial Uses
Printed Marketing Materials or Product/Packaging
Use in any brochure or other printed material - including direct mail, public relations or sales material* - distributed to a targeted audience for commercial or promotional purposes. Also includes use in any retail product or product packaging. * Includes electronic version of finished piece (e.g., PDF).
Commercial Uses
Web or Electronic or Broadcast (Commercial)
Use in any web, electronic or broadcast media - including internet, email, mobile devices, television or presentation software - intended for commercial or promotional purposes. Also includes use in any film, video or theatrical production.
Commercial Uses
Print Ad or Display
Use in any print advertising, display or billboard intended for commercial or promotional purposes. Also includes use in any tradeshow panel, in-store display or decor.
Commercial Uses
All Commercial Uses
Use in any medium intended for advertising and other commercial or promotional purposes.
Internal Uses
Internal Company
Use in any medium intended for internal company use.
Editorial Uses
Editorial Inside Placement or Back Cover
Use inside or on back cover of a magazine, newspaper, book or other printed material not intended for commercial or promotional purposes. Use applies to a single issue or edition and all reprints or printed versions of the original use. Image may be used anywhere other than the front cover of the publication.
Editorial Uses
Editorial Front Cover
Use on the front cover of a magazine, newspaper, book or other printed material not intended for commercial or promotional purposes. Use applies to a single issue or edition and all reprints or printed versions of the original use. Image may only be used on the front cover of the publication.
Editorial Uses Web or Electronic or Broadcast (Editorial) Use in web, electronic or broadcast media - including internet, mobile devices, television or film - not intended for commercial or promotional purposes. Use applies to a single edition, issue or program and all copies or versions of the original use appearing in electronic or broadcast format.
Advocacy All uses All of the above mediums applied strictly to the advancement of Inclusive Tourism, Lifestyle and leisure activities for people with a disability.



1. The LICENSOR grants to the LICENSEE a limited non-exclusive, non-transferable License to the LICENSEE for the purchased MEDIA as follows. This License is conditional upon the LICENSEE paying all applicable license fees and respecting the terms hereof.

2. OWNERSHIP AND LIMITS TO USE
The MEDIA shall remain at all times the sole and exclusive property of the LICENSOR. In order to protect the rights of the LICENSOR, the LICENSEE undertakes to comply with the following:
(a) The LICENSEE shall not sell, sub-license, loan or otherwise transfer all or part of the MEDIA or any interest therein to or for the benefit of a third party;
(b) The LICENSEE may not modify and re-distribute the MEDIA as part of a product and/or service;
(c) The LICENSEE shall not use or display the MEDIA as part of a digital archive and/or reference source;
(d) The LICENSEE shall not use the MEDIA to create obscene, offensive or illegal products and/or services;
(e) The LICENSEE shall not remove, alter or obliterate any copyright notices found in the MEDIA;
(f) The LICENSEE shall ensure that its personnel, including any consultants, comply with all of the terms and conditions of this License and shall be liable for any breaches thereof.
(g) Comping/Preview images:  Photoability grants to you, for a period of thirty (30) days, a non-exclusive, non-sublicensable, non-transferable and non-assignable right to use image preview files and any derivatives or copies (collectively, the "Licensed Material"), on your personal computer and in any test, sample, comp or rough cut evaluation materials. The Licensed Material may only be used in materials for noncommercial use and test or sample use, including comps and layouts. The Licensed Material may not be used in any final materials distributed inside of your company or any materials distributed outside of your company or to the public, including, but not limited to, advertising and marketing materials or in any online or other electronic distribution system (except that you may transmit comps digitally or electronically to your clients for their review) and may not be distributed, sublicensed or made available for use or distribution separately or individually and no rights may be granted to the Licensed Material.


3. LIMITATION OF LIABILITY
THE MEDIA ARE PROVIDED TO THE LICENSEE AS IS. EXCEPT AS EXPRESSLY STIPULATED HEREIN, THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, RELATING TO THE USE, PERFORMANCE OR RESULTS WHICH MAY BE OBTAINED THROUGH THE USE OF THE MEDIA. THE LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LICENSOR SHALL IN NO EVENT BE LIABLE TO THE LICENSEE UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OR ALTERATION OF DATA, INTERRUPTION OF BUSINESS AND/OR LOSS OF EMPLOYEE WORK TIME. IN ANY EVENT, THE TOTAL LIABILITY OF THE LICENSOR SHALL NOT EXCEED THE AGGREGATE PAYMENTS RECEIVED BY THE LICENSOR HEREUNDER. THIS DISCLAIMER APPLIES WITHOUT LIMITATION REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES ARE OR WERE FORESEEABLE.

4. LIMITED WARRANTY ON MEDIA
The LICENSOR warrants that its MEDIA will be free from defects of material and workmanship under normal use for thirty (30) days from the date of delivery, as evidenced by a copy of your receipt. The LICENSOR will either replace the MEDIA or refund the purchase price, at its sole discretion. If the LICENSOR determines the MEDIA has been misused or modified while in your possession, this warranty will not apply

5 NON TRANSFERABILITY
Neither this License nor any rights or licenses granted hereunder may be assigned, transferred, delegated, sub-licensed or time shared without the prior written consent of the LICENSOR. Any such assignment, transfer, delegation, sub-license or time sharing in breach of this undertaking is void and results in the immediate termination of this License.

6. TERMINATION
The LICENSOR shall have the right to terminate this License immediately without notice in the event that:
a) the LICENSEE breaches any of the terms and conditions of this License; or
b) the LICENSEE files a petition in bankruptcy or for the appointment of a receiver, or if an involuntary petition in bankruptcy is filed against the LICENSEE and said petition is not discharged within thirty (30) days, or if the LICENSEE becomes insolvent or makes a general assignment for the benefit of its creditors, or if the business or property of the LICENSEE comes into the possession of its creditors or of a governmental agency or of a receiver. The LICENSEE undertakes in the event of termination of this License to immediately cease any and all use of the MEDIA, to deliver up to the LICENSOR the MEDIA and to destroy any copies made.

7. ENTIRE LICENSE
All prior proposals, understandings, and/or agreements between the parties that relate to the subject matter of this License are hereby superseded and merged into this License. This License may not be modified or altered except in writing.

8. GOVERNING LAW
This License, its construction, performance, scope, validity and effects are governed and shall be construed in accordance with the laws applicable and in force in the jurisdiction of the location of the LICENSOR.

9. VENUE
The parties agree, for any claim or judicial proceedings for whatever reason relating to this License, to designate and hereby designate the courts of the judicial jurisdiction of location of the LICENSOR, as the appropriate venue for the hearing of any such claims or judicial proceedings, to the exclusion of any other courts, judicial district or jurisdiction that may have the right to hear such dispute.

10. LANGUAGE
The parties hereby confirm that they each require that this License and all documents and notices in connection therewith be drawn up in English.

By submitting your order, you acknowledge having read this license and agree to be bound thereby.

 
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Paul Rogers

Paul Rogers

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