Fotosearch Royalty Free Stock Photography
Digital images licensed by Publitek, Inc.
Fotosearch and Photosearch are trademarks of Fotosearch, LLC
All rights reserved © 2020-11-23
Purestock - Royalty-Free License Agreement
THIS LICENSE AGREEMENT IS A LEGAL AND BINDING AGREEMENT ("AGREEMENT")
BETWEEN YOU, THE USER ("LICENSEE"), AND SUPERSTOCK, INC. THIS LICENSE
AGREEMENT APPLIES TO LICENSES ISSUED VIA THE WEB AND VIA PHYSICAL
DELIVERY ON A CD-ROM PRODUCT OR OTHER DIGITAL STORAGE MEDIA. IF THE
LICENSEE DOES NOT AGREE AND HAS NOT EXERCISED THE RIGHTS GRANTED
UNDER THIS AGREEMENT, THE LICENSEE MAY PROMPTLY RETURN THE UNOPENED
AND UNUSED CD-ROM AND ALL ACCOMPANYING MATERIALS IN THE ORIGINAL
PACKAGING FOR A REFUND OF THE PURCHASE PRICE. IMAGES LICENSED VIA THE
WEB MAY NOT BE RETURNED OR REFUNDED.
Subject to the terms of this License Agreement, SUPERSTOCK, INC.
(“SUPERSTOCK”) grants Licensee a perpetual, worldwide, non-transferable, nonexclusive
right to reproduce, transmit and display, in whole or in part,
SUPERSTOCK’S Royalty-Free Image(s) (whether available as part of a CD-ROM
collection of images or downloaded as single images) an unlimited number of times,
in any and all media for the Permitted Uses described below. All other rights to the
Image(s), CD-ROM, software and accompanying materials (if applicable), including
without limitation, copyright and all other rights, are retained by SUPERSTOCK. All
rights not specifically granted are retained by SUPERSTOCK.
2. Permitted Uses
? Any print media, including advertising and promotional materials, editorial
publications and consumer merchandise;
? Any Internet, intranet, Online or web-based media provided the resolution of
the images does not exceed 72dpi;
? Broadcast and Theatrical exhibitions;
? Products intended for resale; provided these products are not intended to
allow the re-distribution or re-use of the Image(s);and
? Additional uses approved in writing by SUPERSTOCK
Licensee may alter, crop, modify or adapt the Image(s) in connection with the above
permitted uses. Licensee may make a back-up copy of the Image(s) for internal
back-up purposes provided SUPERSTOCK’S copyright and any image identifying
information embedded with the digital file is retained with the file. Limited,
temporary transfers of the Image(s) are permitted to third parties integral to the
creation of the final product, provided such third parties agree to abide by the terms
of this Agreement.
3. Number of Users / Seat License
Licensee may store the Images on a server, image library or network configuration
to be viewed by Licensee or its clients provided that no more than 10 persons can
access the Image(s). Before permitting access to more than 10 persons, Licensee
must upgrade the seat license from SUPERSTOCK.
4. Restrictions on Use
Except as provide herein, Licensee may not
? Sublicense, sell, assign, convey or transfer any of its rights under this
Agreement, but Licensee may sell or license derivative works incorporating
the Image(s). However, Licensee may not include the Image(s) in an
electronic template intended to be used by third parties on electronic or
? Sell, license or distribute its final product in such a way that permits
Licensee's end users to extract or access the Image(s) as a stand-alone file.
? Incorporate the Image(s) into a logo, trademark or service mark.
? Distribute, post or upload the Image(s) online in a downloadable format or
enable it to be distributed via mobile telephone devices.
? Use any Image in a pornographic, defamatory, libelous or otherwise illegal
manner, whether directly or in context or juxtaposition with other materials.
? Decompile, reverse engineer, disassemble or otherwise reduce the software
on the CD_ROM or other storage media to a human readable form.
5. Product Endorsement or Sensitive Use Disclaimer
If any Image(s) featuring a model is used in a manner that would lead a reasonable
person to believe that the model personally uses or endorses a product or service, or
if the depiction of the model is used in connection with a subject that would be
unflattering, embarrassing or unduly controversial to a reasonable person, Licensee
must accompany each such use with a statement that indicates that the person is a
model and the Image(s) is being used for illustrative purposes only. These
requirements are without prejudice to the obligations of SUPERSTOCK regarding use
of the Image(s) contained elsewhere throughout this Agreement.
Model releases are available on Image(s) containing models upon request. Names
are removed to protect the privacy of the model. Other than model releases for
recognizable persons, SUPERSTOCK grants no rights and makes no warranties with
regard to the use of names, trademarks, trade dress, registered, unregistered or
copyrighted designs, or works of art or architecture depicted in any Image(s).
Licensee must satisfy itself that all the necessary rights or consents regarding any of
the above, as may be required for reproduction, have been obtained.
Licensee agrees to defend, indemnify and hold SUPERSTOCK and its parent,
subsidiaries and affiliates and their respective officers, directors and employees
harmless from all damages, liabilities and expenses (including reasonable attorneys'
fees and costs), arising out of or as a result of claims by third parties relating to
Licensee's use of any Image(s) outside the scope of this Agreement or any other
breach by Licensee of this Agreement.
8. Warranties and Limitation of Liability
SUPERSTOCK represents that it has the right to grant the license herein and
warrants the Image(s) to be free from defects in material and workmanship for 30
days from delivery. The sole and exclusive remedy for a breach of the foregoing
warranty is the replacement of the CD-ROM or refund of the purchase price, at
SUPERSTOCK MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUPERSTOCK SHALL
NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY
GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR
INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR
LOSSES ARISING OUT OF LICENSEE'S USE OF THE IMAGES, OR OTHERWISE, EVEN
IF SUPERSTOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
COSTS OR LOSSES. SUPERSTOCK’S MAXIMUM LIABILITY ARISING OUT OF OR IN
CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE IMAGE(S)
(WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT
PERMITTED BY LAW, BE LIMITED TO THE VALUE OF 10 TIMES THE VALUE PAID BY
THE LICENSEE FOR THE IMAGES.
Licensee may have additional rights under state law.
9. Payment Terms
No licenses are granted until full payment of SUPERSTOCK’S invoice is received.
Unless credit terms have specifically been agreed directly between SUPERSTOCK and
the Licensee, payment of SUPERSTOCK's invoices must be received on the sooner of
fourteen (14) days of its date net, without any discounts, or prior to the publication
of any Image(s). The licensee agrees to pay SUPERSTOCK a service charge of two
(2) percent per month on any unpaid balance after this time period for the use of the
Any disputes concerning the invoice must be submitted in writing, within five (5)
business days of the invoice date, or the licensee shall be deemed to have accepted
the invoice as issued.
10. Cancellation Policy for Royalty-Free Images:
Due to the liberal nature of the licenses for Royalty-Free images, all licenses are
final; no refunds or credits will be allowed. The breaking of the CD-ROM seal is
considered to be the complete fulfillment of SUPERSTOCK’s obligations.
11. Copyright Infringement and Liquidated Damages
In the event that the licensee utilizes any Image(s) without or prior to the granting
of a license, SUPERSTOCK reserves the right to seek damages through legal channels
unless the licensee agrees to reimburse SUPERSTOCK, as liquidated damages, a sum
equal to ten (10) times the market value price charged for such use of a Royalty-
If the licensee fails to make the payment as outlined above, within ten (10) days of
SUPERSTOCK’s invoicing such fee, this liquidated damage provision shall be void and
SUPERSTOCK reserves the right to sue for copyright infringement, including
attorneys' fees and all associated costs.
The license contained in this Agreement will terminate automatically without notice
from SUPERSTOCK if Licensee fails to comply with any provision of this Agreement.
Upon termination, Licensee must immediately (i) stop using the Image(s), (ii)
destroy or, upon the request of SUPERSTOCK, return the Image(s) to SUPERSTOCK,
and (iii) delete or remove the Image(s) from Licensee's premises, computer systems
and storage (electronic and physical).
Licensor reserves the right to revoke the license to use any Image(s) for good cause
and elect to replace such Image(s) with an alternative Image. Upon notice of any
revocation of a license for any Image(s), Licensee shall immediately cease using
such Image (s), shall take all reasonable steps to discontinue use of the replaced
Image(s) in products that already exist and shall inform all end-users and clients of
If one or more of the provisions contained in the Agreement is found to be invalid,
illegal or unenforceable in any respect, the validity, legality and enforceability of the
remaining provisions shall not be affected. Such provisions shall be reformed only to
the extent to make it enforceable.
15. Choice of Law/Attorney’s fees
This Agreement will be governed in all respects by the laws of the State of FLORIDA,
without reference to its laws relating to conflicts of law. Licensee agrees that the
Circuit or County Court of the State of Florida for Duval County and the United States
District Court for the District of FLORIDA located in Jacksonville are the agreed and
appropriate forums for any such suit, and consent to service of process by registered
mail or overnight courier with proof of delivery. The United Nations Convention on
Contracts for the International Sale of Goods does not govern this Agreement. If
SUPERSTOCK is obligated to go to court to enforce any of its rights, the Licensee
agrees to reimburse SUPERSTOCK for its legal fees and disbursements if
SUPERSTOCK is successful.
No action of SUPERSTOCK, other than express written waiver, may be construed as a
waiver of any provision of this Agreement.
17. Entire Contract
This contract contains all the terms of the license agreement and no terms or
conditions may be added or deleted unless made in writing and signed by an
authorized representative of both parties.