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Gnome Planet Commercial Royalty Free License Agreement

THIS IS A BINDING LEGAL AGREEMENT BETWEEN THE LICENSOR - TIMOTHY MAKINS, AND THE LICENSEE - YOU , OR, IF YOU MAKE THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER OR END CLIENT, THE SAME RIGHTS, LIMITATIONS AND RESTRICTIONS APPLY TO YOUR EMPLOYER OR END CLIENT. PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE PRODUCT. BY USING THE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT.

This license agreement only applies to any images which have been purchased and are designated as Royalty Free (RF). This license agreement does not apply to images purchased as Prints, images delivered as comps for review purposes, or for images which are not under a Royalty Free license agreement. Rights Managed images must be licensed under their own, separate custom license agreement.

Royalty Free means that you only pay for this license once, without time limit, and without limits on where and how many times you use the image as long as it is for the same end client or project.

You are not purchasing the rights to the image, only the right to use the image. The Licensor still retains all copyright to the image and as such is protected by copyright law. The rights granted are non-transferable and are personal to you. Thus if you license a royalty-free product to be used in a derivative work by your client or any other person, they may not use the licensed product separately from the derivative work. The Licensee shall not assign or transfer their rights or obligations under this Agreement without the prior written consent of the Licensor, which consent may be arbitrarily withheld.

You are permitted to use the image, or a portion of the image, for any of the following under this license:

  • Incorporated into other end items offered for sale, for example books, magazines, CD or DVD covers, posters, greeting cards, postcards, mugs, calendars, T shirts, web-templates etc.
  • As part of an advertising program or campaign for yourself, your company or your end client.
  • As part of a mulitmedia presentation, video clip or Powerpoint presentation for yourself, your company or your end client.
  • As part of a website or in order to promote or sell products on a website belonging to yourself, your company or end client.
  • For editorial or journalistic purposes providing it meets the criteria below.

You are not permitted to use the image for any of the following under this license:

  • Redistribution, resale, sub-licensing or re-licensing of image, or a portion of the image, on website or other electronic media such as CD, DVD, Memory Device, etc. other than for display purposes.
  • Image may not be used, either unmodified or modified, in any manner which may be deemed fraudulent, defamatory, racist, pornographic, obscene or in any way contrary to the laws of the country or countries where the image is to be displayed.
  • Any usage which may cause potential hurt or damage to any individual, property or brand name displayed in the image.

Multiple Image Usage - If you use the image for more than one client, or more than one project for the same client, you are required to purchase additional licenses for the image.

Image Credits - In applications or publications where the copyright holder is normally credited, credit must be given to the image owner, in the form of: 'Tim Makins/GnomePlanet.Com'. The photographer's name is to be shown with each image displayed, on the same page or on a credits and ackowledgements page. Representation of true copyright holder is protected by law in most countries.

Model and Property Releases - If the image or website page displaying the image does not indicate a release is present you should assume no release exists. You should also understand that there may be limitations on the usage of this image in that case. By purchasing this license you acknowledge these limitations and assume all responsibility for any legal action as a result of the final image use.

Where a Model or Property Release does exist, you are entitled to request a copy of that release from the Licensor once the image has been purchased and downloaded by you. The release will then be made available as an additional download.

Fitness for Purpose - The Licensee should examine all Images for possible defects (whether digital or otherwise) before use or reproduction of the Image. The Licensor shall not be liable for any loss or damage suffered by the Licensee or any third party, whether directly or indirectly, arising from any alleged or actual defect in any Image, or in any way from its usage or reproduction.

As the Licensor has no control over the end use of the image, he assumes no liability, nor will he accept any claims of damages for improper, illegal or disputed usage of any image you purchase.

If you are not sure about the release status or whether the intended usage is appropriate please contact me.

Notes

For purposes of this License, the singular includes the plural and vice-versa. This agreement shall be construed according to the laws of the United Kingdom applicable therein. The parties agree that the forum for all disputes concerning this agreement must be located in Oxford, U.K.

Image refers to one or more of the following items which are purchased from the Licensor:

  • Digital Still Image downloaded from a website belonging to the Licensor or its Affiliates.
  • Digital Still image received on digital media such as CD, DVD, etc

This Royalty Free license does not grant you any rights to exclusive use of the image. If you require exclusive or semi exclusive use, please contact me.

Whilst efforts have been made to correctly caption and add metadata to the Licensed Material, the Licensor does not warrant the accuracy of such information.

We suggest that you print and attach a copy of this license agreement to any order confirmation which contains Royalty Free images.

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