Stock Photo and Stock Images Licensing

Stock Connection License Agreement

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Stock Connection Royalty Free LICENSE AGREEMENT

This is a legal agreement between you and Stock Connection, Inc. regarding the use of Royalty Free images provided by Stock Connection, Inc. (“SC”) for use by you. Downloading, installing, copying, or otherwise using this product indicates your acknowledgment that you have read this license and agree to be bound by and comply with its terms.

SC grants you, and your employer if you are licensing images on behalf of your employer, a non-transferable, non-exclusive, worldwide, perpetual license to store, reproduce and use the specific photographic image(s) that you have purchased during this transaction, and any authorized derivatives or copies thereof (collectively the “Images”) for your own commercial or non-commercial use, other than those uses specifically restricted herein. The copyright and all other rights to the Product shall remain with Stock Connection or the photographer who created each Image.

YOU MAY:
use the Images on a worldwide, unlimited and perpetual basis as a part of advertising and promotional materials, packaging; multi-media including web-design, broadcasting, publishing; materials for personal, non-commercial use. All uses are subject to release status. SC gives no right or warranties with respect to the use of names, trademark, logo types, registered or copyrighted designs or works of art or architecture depicted in any image, and the Licensee must satisfy himself that all necessary rights, consents or permissions as may be required for reproduction are secured.

YOU MAY NOT:
1. sublicense, re-license, rent or lease any of the Images to third parties separate or independent from a specific product, website, or similar;
2. copy or publish any of the Images to a network or bulletin board, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than yourself, without prior written consent from Stock Connection, Inc. or its Sales Agent; you acknowledge that for extended usage by more individuals than provided for by this License Agreement, you will have to retrieve additional usage rights promptly from Stock Connection;
3. automatically under the terms of this Agreement use the Images in commercial products where the Images make up a significant part of the re-sale value of the product (i.e., postcards, posters, calendars, etc.). For such usages of an Image you must acquire additional usage rights from Stock Connection;
4. use any of the Images to promote a business that sells or licenses photographic images, or otherwise competes with Stock Connection in any manner;
5. sub-license, resell or otherwise distribute the Images to third parties except as an integral part of your product or web-page and only for the life and extent of such a product;
6. make the high-resolution (300 dpi) Images accessible for download beyond the scope of the license rights provided by this License Agreement or place the Images on-line in a downloadable FTP format;
7. use the Images in ways that might be construed as explicitly pornographic, defamatory, libelous or otherwise unlawful;

WARRANTY AND DISCLAIMER
EXCEPT FOR THE EXPRESS WARRANTY ABOVE, THE IMAGES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE IMAGES IS ASSUMED BY YOU. NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE IMAGES. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH.

No model releases or other releases exist on any images unless SC specifies the existence of such release in writing. Licensee shall indemnify SC against all claims arising out of the use of any images where the existence of such release has not been specified in writing by SC. In any event, the limit of liability of SC shall be the sum paid to it per the invoice for the use of the particular image involved. Licensee will hold SC harmless from all claims for the use of the images, including defamatory use. SC gives no right or warranties with respect to the use of names, trademark, logo types, registered or copyrighted designs or works of art or architecture depicted in any image, and the Licensee must satisfy himself that all necessary rights, consents or permissions as may be required for reproduction are secured.

TERMINATION OF LICENSE GRANT
The License Grant and your right to use the Images shall automatically terminate, without prior notice or refund of any moneys paid, if you violate any part of this Agreement. In the event of termination, you must immediately destroy all copies of the Images or, at our request, return them to Stock Connection.

This contract contains all the terms of the agreement between us (agency and recipient) concerning delivery and review of Images, and no term or conditions may be added or deleted unless made in writing and signed by both of us. These terms and the terms of any subsequent invoice/copyright license supersede any and all terms of the client’s or recipient’s purchase order. Any subsequent invoice/copyright license we may issue, may contain additional terms relating to the rights granted and the type of use allowed. Recipient agrees that the above terms are made pursuant to Article 2 of the UNIFORM COMMERCIAL CODE and agrees to be bound by same. Objections to any term must be made and agreed to by both parties in writing within ten (10) days.

DISPUTES OR CLAIMS ARISING OUT OF SUBMISSION AND/OR USE:
Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in Washington, DC, pursuant to the rules of the American Arbitration Association. Judgment upon the award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of Maryland. If recipient of this contract is an agent for or an employee of a non-U.S. company but operates in a place of business in the United States or its territories, said recipient expressly agrees that any dispute regarding this contract shall be adjudicated within the United States in the manner described here. Copyright claims shall be brought in the Federal Court having jurisdiction. If SC is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by recipient or user herein. None of the Images licensed may be used in such a manner so as to defame the subject in the Image, or in a manner which cause the subject to be held up to scorn or ridicule. Stock Connection warrants that it is duly authorized by the owner and copyright holder of the Image to enter into this agreement with respect to this Image.

Stock Connection, Inc.
110 Frederick Ave., Ste. A
Rockville, MD 20850
800-868-6376
301-251-0720

 
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