This License Agreement, together with any Invoice (collectively, the “Agreement”), sets forth the terms and conditions between you, your employer, or any other client or end-user on whose behalf you are purchasing a license as the Licensee (collectively, “You(r)” or “Licensee”) and Rodion Kashubin (“Licensor”), as Licensor. You represent and warrant that you have the right to enter into this Agreement. If you are acting on behalf of an entity you warrant that you have the authority to bind such entity to this Agreement.
“Invoice” means the computer-generated or printed Invoice provided by Licensor that may include, without limitation, names of the Licensor and Licensee, details of the Licensed Content, any limitations on the Licence in addition to those specified herein, the key terms of the Licence and the corresponding License Fee. The terms contained in the Invoice shall be incorporated into this Agreement and all references to the Agreement shall include those terms.
“Licensed Content” means any photographs, moving images, videos or other audio/visual representation generated optically, electronically or by other means or any Reproductions thereof, or any other product protected by copyright, trademark, patent or other intellectual property right, which is licensed to Licensee by Licensor under the terms of this Agreement. Any reference in this Agreement to the Licensed Content shall be to each individual item within the Licensed Content and also to the Licensed Content taken as a whole.
“Licensee” means the person or entity set forth in the applicable Invoice as the “Licensee” and receiving the rights to the Licensed Content as specified hereunder.
“Licensor” means the person or entity set forth on the Invoice as the “Licensor” and granting the License to the Licensed Content as specified hereunder.
“Licence” means the rights Licensor grants to you to use the Licensed Content.
“Licence Fee” means any sum or sums payable to Licensor by You in respect of the License.
“Release” means a model or property release or any other release of a third party right or other permission which it is necessary or desirable to obtain in respect of Licensed Content.
“Reproduction”, “Reproduce”, “Reproduced”, “Use” mean any form of publication, copying or duplication of any or all of the Licensed Content, via any medium and by whatever means, and/or editing, alteration, cropping or manipulation of any part of the Licensed Content to create a derivative work from the Licensed Content.
“Social Media Site” means a website or an application, or other electronic resource with aim of facilitating social interactions among its users.
“Website” means www.bouncedphoton.com website.
All Licensed Content is copyrighted. Except as expressly granted in this Agreement, Licensor retain all rights, title and interest in and to Licensed Content. No title or ownership interest in or to the Licensed Content is transferred to Licensee by this Agreement.
Subject to the terms of this Agreement Standard License grants Licensee a perpetual, worldwide, non-transferable, non-sublicensable, non-exclusive right to reproduce the Licensed Content, and right to create derivative works with respect to the Licensed Content for up to 250,000 print copies and up to 1,000,000 impressions for digital copies in following ways:
This License is granted to one Licensee. An Extended or Exclusive License must be purchased for other members of Licensee’s organization or third parties to access or use Licensed Content. Licensee may make a copy of the Licensed Content for internal backup purposes provided that all copyright or proprietary notice or other information that appear on, embedded in, or in connection with Licensed Content as per its original downloaded form is retained with the ﬁle.
You may purchase one of the Extended Licenses below to increase the usage rights granted in the Standard License, subject to the terms of this Agreement.
In addition to the Standard License, the Extended Resale License grants you rights to incorporate the Licensed Content into print or electronic products for resale or distribution, for up to 250,000 print copies and up to 1,000,000 digital impressions of such products, including screen savers, wallpapers for electronic devices, website designs and templates, presentation templates, electronic greeting cards, greeting cards, business cards, t-shirts or other clothing or accessories, mugs, magnets, calendars, posters or any other electronic or printed products, provided that the product either combines the Licensed Content with words and/or other graphics; or the Licensed Content is not the main driver for the sale of the product.
In addition to the Standard License, the Extended Views License grants you rights to use the Licensed Content to create the following:
In addition to the Standard License, the Extended Max License grants you rights to incorporate the Licensed Content into print or electronic products for resale or distribution, including templates without regard to the size of the print run, manufacturing units, or number of digital impressions of such products, including screen savers, wallpapers for electronic devices, website designs and templates, presentation templates, electronic greeting cards, greeting cards, business cards, t-shirts or other clothing or accessories, mugs, magnets, calendars, posters or any other electronic or printed products, provided that the product either combines the Licensed Content with words and/or other graphics; or the Licensed Content is not the main driver for the sale of the product.
Limited, temporary transfers of the Licensed Content are permitted to third parties under any of the Extended Licenses as a part of the creation of the ﬁnal product, provided involved third parties agree to abide by the terms of this Agreement and will delete the Licensed Content from their systems within seven (7) calendar days after the final product is provided to the Licensee.
You may purchase Exclusive License to increase the usage rights granted in the Extended Max License. Specifically, subject to the terms of this Agreement, under the Exclusive License the Licensee can use the Licensed Content exclusively for three (3) years starting from the moment when the Licensed Content was downloaded under this License, and incorporate the Licensed Content into print or electronic products for resale or distribution, subject to Restrictions on use of Licensed Content section of this Agreement. For all other users the option to purchase the Licensed Content will be removed from the Website for the duration of exclusive usage. At the end of the exclusivity period, the Licensee can continue to use Licensed Content with all of the same rights, except for the right of exclusivity.
If these Licenses do not describe the rights you require please Contact Us via the Website.
In all cases Credit Notice shall be clearly and easily readable by unaided human eye.
You must pay us a License Fee in accordance with the Invoice before you use Licensed Content.
You agree to indemnify Licensor and its subsidiaries, affiliates, officers, agents, employees, partners from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to the use of Licensed Content or Website, or your modification to the Licensed Content, or your violation of this Agreement. Licensor have the right to control the defense of any claim, action or matter subject to indemnification by You with counsel of Licensor own choosing. You will fully cooperate with Licensor in the defense of any such claim, action or matter.
Any use of Licensed Content in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling Licensor to exercise all rights and remedies available to it under copyright laws around the world. Licensee shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party.
Upon reasonable notice you agree to provide to Licensor sample copy of the project or end use of Licensed Content. This includes providing Licensor with free of charge access to any pay-walled or otherwise restricted website or platform where content is reproduced. In addition, upon reasonable notice, Licensor may audit Your records related to this Agreement and use of Licensed Content to verify compliance with this Agreement. If audit reveals usages not covered by this Agreement then in addition to paying Licensor the License Fee covering additional usage, You also agree to reimburse Licensor for the costs of conducting the audit. Where Licensor reasonably believes that content is being used outside of the scope of the License granted under this Agreement, You agree, at Licensor’s request, to pay Licensor additional License Fee or, if You guarantee that usage is within the Agreement terms, to provide a certificate of compliance signed by an officer of your company, in a form to be approved by Licensor.
This Agreement will be governed in all respects by the laws of Australia, without reference to its laws relating to conflicts of law. Any disputes arising from this Agreement or its enforceability shall be settled by binding arbitration to be held in Australia. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement.
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 revised only to the extent necessary to make them enforceable.
No action of either party, other than express written waiver, may be construed as a waiver of any provision of this Agreement.
You agree to this Agreement electronically by downloading Licensed Content.
This Agreement 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, or issued electronically by Licensor and accepted in writing by Licensee. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other communication sent by Licensee, the terms of this Agreement shall govern.
Last updated: 4 August 2016